Health and Public Social Services

Abortion

SB 1593 (Hollingsworth-R) Coerced abortion: Medi-Cal: patient assurance

Prohibits Medi-Cal funding of an abortion unless the physician and surgeon has obtained the written assurance from the patient that she understands that she may not be coerced into having an abortion, and that her decision to have an abortion is voluntary.

(Failed passage in Senate Health and Human Services Committee)

AB 2291 (Haynes-R) Medi-Cal: abortions: provider reimbursement

Prohibits Medi-Cal funding for an abortion unless the physician performing the abortion has obtained written assurance from the patient that she understands that she may not be coerced into having an abortion, and that the decision to have an abortion must be made voluntarily, without duress or intimidation. Prohibits Medi-Cal reimbursement for abortion services unless the provider submits with the claim for reimbursement a statement, signed by the recipient of an abortion, that states that it is against the law for anyone to force, intimidate, or coerce her into having an abortion.

(Failed passage in Assembly Health Committee)

AB 2331 (Mountjoy-R) Abortion: fetal pain

Enacts the Fetal Pain Prevention Act, as follows:

1. Requires a physician, for an abortion performed in the third trimester of pregnancy to (a) offer his/her patient information and counseling, as specified, on fetal pain, (b) offer anesthesia for the fetus, as specified, and (c) arrange for anesthesia to be administered if the patient voluntarily consents to the administration of anesthesia for the fetus.
2. Requires the patient to sign a document that information and counseling on fetal pain was provided and that the physician offered anesthesia for the fetus.

(Died in Assembly Health Committee)

AJR 57 (Jackson-D) Reproductive rights: Roe v. Wade

Memorializes the Congress and the President of the United States to protect and uphold the intent and substance of the 1973 United States Supreme Court decision in Roe v. Wade and encourages all Americans to participate in the "March for Women's Lives," a national celebration on April 25, 2004, of the historic importance of this 31-year decision. Makes various statements regarding the effect of Roe v. Wade on women's ability to exercise their full rights under federal and state law.

Resolution Chapter 50, Statutes of 2004

AIDS

SB 1159 (Vasconcellos-D) Hypodermic needles and syringes

Permits a pharmacist or physician to furnish hypodermic needles and syringes for human use without a prescription.

Chapter 608, Statutes of 2004

SB 1333 (Perata-D) Prescription drug reimbursement

Allows the State Department of Health Services (DHS) to reimburse pharmacies for drugs dispensed to Medi-Cal and AIDS Drug Assistance Program beneficiaries that are purchased from a Canadian pharmacy, and establishes a new reimbursement rate for such drugs. Provides that in order for a pharmacy to be reimbursed for a drug that it has acquired from a Canadian pharmacy, the Canadian pharmacy shall meet specified requirements and shields pharmacies that rely on the provisions of the bill from adverse actions under state law.

Vetoed by the Governor

SCR 95 (Alarcon-D) Latino AIDS Awareness Day

Proclaims October 15, 2004, as Latino AIDS Awareness Day, and urges all community-based organizations, religious communities, civic groups, health care providers, elected officials, and government agencies to utilize this day to raise awareness of AIDS in the Latino community.

(Died at Assembly Desk)

AB 685* (Leno-D) HIV counselors: education and training

Exempts HIV counselors from being required to possess a high school diploma or a General Education Development Certificate in order to conduct rapid HIV tests, and establishes the Legislature's intent that the State Department of Health Services develop a new curriculum for HIV counselor training that includes the same training that is required of a limited phlebotomy technician.

Chapter 2, Statutes of 2004

AB 1363 (Berg-D) AIDS: clean needle and syringe exchange program

Authorizes cities, counties, or cities and counties to develop clean needle and syringe exchange projects that contain prescribed components. Requires the participating entities to assess the project and submit a progress report that takes into consideration data from the assessment to the director of the State Department of Health Services, the Governor, and the chairpersons of both health committees of the Legislature.

(Died in Assembly Health Committee)

AB 1367 (Laird-D) Medi-Cal: HIV/AIDS Pharmacy Pilot Program

Requires the State Department of Health Services to create a pilot program for up to ten pharmacies in the state, that serve largely patients with HIV or AIDS, to evaluate the effectiveness of pharmacists' care in improving health outcomes for HIV/AIDS patients.

Chapter 850, Statutes of 2004

AB 1925 (Haynes-R) Sexual health and HIV/AIDS prevention instruction

Expands school districts' responsibilities relative to parental/guardian notification requirements regarding comprehensive sexual health and HIV/AIDS prevention education.

Chapter 323, Statutes of 2004

AB 2871 (Berg-D) Clean needle and syringe exchange: AIDS and hepatitis

Repeals the requirement that a city or county authorize the Needle Exchange Program through a declaration of a local emergency and, instead, authorizes a Needle Exchange Program upon the action of specified entities.

Vetoed by the Governor

AJR 70 (Garcia-R) HIV and AIDS prevention and treatment for women

Requires the President and the Congress of the United States to recognize and respond to the growing risk of women contracting and being infected with HIV or AIDS by providing more funding for prevention, outreach, and treatment programs that target at-risk women and their families.

Resolution Chapter 98, Statutes of 2004

Cancer

SB 679 (Ortiz-D) Statewide cancer reporting system

Requires the State Department of Health Services (DHS) to establish and operate a statewide system for the collection of information determining the incidence of cancer and to use the information to determine the sources of cancer and evaluate the measures designed to eliminate, alleviate, or ameliorate their effect. Requires DHS and its authorized representatives to have access to all cancer and noncancer patient records, including pathology reports, patient billing, and insurance payment records.

(Died in Assembly Health Committee)

SB 689 (Ortiz-D) Healthy Californians Biomonitoring Project

Imposes an additional excise tax on cigarettes of $0.01 per package of 20, and imposes an equivalent compensating floor tax, operative January 1, 2004. Requires the revenue from the tax increase to be deposited in the Healthy Californians Biomonitoring Fund, which is created by the bill and to be administered by the State Department of Health Services (DHS) to implement the Healthy Californians Biomonitoring Project.

Initially, requires DHS, in consultation with an advisory committee of experts appointed by the department, to develop a biomonitoring pilot program beginning with a pilot using breast milk as a marker of community health in a minimum of three diverse communities throughout the state. Also requires DHS to conduct and complete additional pilot projects, based on models and protocols developed in the first pilot and using additional markers, including blood and urine.

(Died in Senate Appropriations Committee)

SB 1525 (Speier-D) Breast cancer and cervical cancer screening services

Requires the Family Planning, Access, Care, and Treatment Program (Family PACT), within the Office of Family Planning, to administer the breast and cervical cancer early detection program. Also renames the Family Planning, Access, Care, and Treatment Waiver Program as the Family Planning, Access, Care, and Treatment Program.

Vetoed by the Governor

SCR 94 (Ortiz-D) Ovarian Cancer Awareness Month

Recognizes September 2004 as Ovarian Cancer Awareness Month, and promotes awareness through education of early detection and prevention, risk factors involved in its development, and early warning symptoms and signs of the disease.

Resolution Chapter 186, Statutes of 2004

AB 658 (Nakano-D) Taxpayer contributions: prostate cancer research

Allows taxpayers to designate on their tax returns that a specified amount in excess of their tax liability be transferred to the newly created California Prostate Cancer Research Fund. Provides that a voluntary contribution designation for this fund may not be added on the tax return until another voluntary contribution designation is removed from that return.

Chapter 562, Statutes of 2004

AB 850 (Runner-R) Breast cancer treatment: patient consent

Requires a physician and surgeon to obtain a patient's written consent stating that the patient was informed of other treatment options before performing a mastectomy.

(Died in Assembly Health Committee)

AB 2012 (Chu-D) Cosmetics: cancer and reproductive toxicity

Requires, by January 1, 2006, the manufacturer of any cosmetic or personal care product subject to regulation by the U.S. Food and Drug Administration and manufactured, processed, or distributed in commerce in the state to notify the Office of Environmental Health Hazard Assessment of any ingredient in its product that is a chemical identified as causing cancer or reproductive toxicity.

(Died in Assembly Health Committee)

AB 2393 (Haynes-R) Cancer

Allows a licensed physician and surgeon to render advice or treatment for cancer to a patient which involves an innovative medical treatment, an evolving medical treatment, a natural health methodology, a drugless methodology, or any combination of these, to employ natural health, drugless or both methodologies as part of a complementary, combined, complimentary and combined, or modified conventional-allopathic treatment for cancer, instead of conventional-allopathic treatments and to act as an independent practitioner or as a partner in a shared practice with a conventional-allopathic physician and allows patients to be referred to them by a qualified conventional-allopathic cancer specialist.

(Died in Assembly Health Committee)

ACR 103 (Garcia-R) Breast cancer awareness

Provides that the California Legislature join with other states and with the federal government in recognizing the important issue of breast cancer, and the critical need to continue spreading awareness of it, and that the Legislature dedicates itself to the cause of National Breast Cancer Awareness Month and National Mammography Day.

(Died in Assembly Rules Committee)

ACR 153 (Montanez-D) Cervical Cancer Awareness Month

Recognizes January 2004 as "Cervical Cancer Awareness Month" and encourages and promotes the efforts of people and health care practitioners in the state to increase awareness about cervical cancer, including early detection, prevention, risk factors, and early warning symptoms and signs of the disease.

Resolution Chapter 8, Statutes of 2004

ACR 186 (Frommer-D) Colorectal Cancer Awareness Month

Proclaims the month of March 2004, as Colorectal Cancer Awareness Month.

Resolution Chapter 23, Statutes of 2004

ACR 225 (Cohn-D) Breast cancer

Designates the month of October 2004 as Breast Cancer Awareness Month. Urges women to perform breast exams, have regularly scheduled mammograms and a clinical breast exam during specified years, and declares October 15, 2004, as Breast Examination and Mammography Awareness Day. Recognizes the effectiveness of making breast cancer research a priority and encourages funding critically needed research into the cause, cure, and prevention of breast cancer.

Resolution Chapter 177, Statutes of 2004

AJR 53 (Reyes-D) Breast Cancer Research Stamp Program

Urges the President and Congress of the United States to make the Breast Cancer Research Stamp Program permanent.

Resolution Chapter 130, Statutes of 2004

HR 50 (Nation-D) Melanoma Awareness Monday

Proclaims May 3, 2004, as Melanoma Awareness Monday in California to increase public awareness of the importance of routine complete skin examination to detect early melanomas.

Adopted by the Assembly

Alzheimer's Disease

AB 1799 (Mullin-D) Personal income taxes: contributions: Alzheimer's disease

Extends the sunset date on the California Alzheimer's Disease and Related Disorders Research Fund income tax checkoff from January 1, 2005 to January 1, 2010, provided the fund receives at least a specified, minimum level of contributions annually.

Chapter 370, Statutes of 2004

AB 2127 (Levine-D) Alzheimer's Day Care-Resource Center Program

Requires a direct services contractor operating an Alzheimer's day care resource center to be licensed as either an adult day program or as an adult day health care center.

Chapter 636, Statutes of 2004

AB 2368 (Shirley Horton-R) Aging programs: competitive bidding: exemptions

Exempts the Alzheimer's Day Care Resource Centers and the Linkages Program from the competitive bidding process administered by the California Department of Aging and the area agencies on aging.

(Died in Assembly Appropriations Committee)

Other Diseases/Disorders

SB 778 (Ortiz-D) Biomedical Research and Development Act of 2004

Enacts the Biomedical Research and Development Act of 2004, which, if adopted, would authorize the issuance of bonds in an unspecified amount for purposes of financing a biomedical research and development program.

(Died in Senate Appropriations Committee)

SB 1027 (Ashburn-R) Valley fever

Appropriates $1 million to the State Department of Health Services for continuation of the Valley Fever Vaccine Project.

(Died in Senate Appropriations Committee)

SB 1168 (Ortiz-D) Healthy Californians Biomonitoring Program

Establishes the Healthy Californians Biomonitoring Program, to be administered jointly by the Division of Environmental and Occupational Disease Control within the State Department of Health Services and the Office of Environmental Health Hazard Assessment within the California Environmental Protection Agency.

(Died in Assembly Health Committee)

SB 1356 (Vasconcellos-D) Disease prevention: vaccines

Authorizes the State Department of Health Services to test adult vaccines that are available for use in markets outside of the United States for safety and efficacy pursuant to and in accordance with federal law.

(Died in Senate Health and Human Services Committee)

SB 1847 (Perata-D) Omnibus Tuberculosis Control and Prevention Act

Extends the sunset authorizing local health departments to certify tuberculin skin test technicians to place and measure tuberculosis skin tests until January 1, 2011. Requires each city or county that elects, on or after January 1, 2005, to certify tuberculin skin test technicians to submit a survey and an evaluation of its findings, including a review of the aggregate report, to the California Tuberculosis Controllers Association annually, to and including January 1, 2011.

Chapter 283, Statutes of 2004

SCR 88 (Ashburn-R) Valley Fever Awareness Month

Proclaims August 2004 as Valley Fever Awareness Month.

Resolution Chapter 156, Statutes of 2004

AB 367 (Koretz-D) Postpartum Mood and Anxiety Disorder Information Program

Establishes the Postpartum Mood and Anxiety Disorder Information Program within the State Department of Health Services to increase awareness about postpartum mood and anxiety disorders.

(Died in Assembly Appropriations Committee)

AB 409 (Reyes-D) Childhood asthma screening

Requires the State Department of Health Services to designate questionnaires and adopt regulations in implementing a program for the early detection of early childhood asthma, and authorizes the department to enter into contracts with local entities for the implementation of these procedures.

(Died in Assembly Health Committee)

AB 1091* (Negrete McLeod-D) Reportable diseases

Changes the method by which the State Department of Health Services may modify the list of reportable diseases.

Chapter 262, Statutes of 2004

AB 1454* (Canciamilla-D) Vector control

Requires an agency responding to an outbreak of West Nile Virus or other mosquito-borne disease outbreak to either (1) contract with a local mosquito and vector control agency that has a cooperative agreement with the State Department of Health Services (DHS), or (2) consult directly with DHS.

Chapter 41, Statutes of 2004

AB 1549 (Frommer-D) Asthma benefits

Requires the State Department of Managed Health Care (DMHC) to convene a workgroup to develop a universal drug and device formulary to treat asthma in children, and requires DMHC to adopt a regulation outlining the drug and device formulary developed and to periodically review its regulations.

(Died in Assembly Appropriations Committee)

AB 2132 (Reyes-D) Pupil health: self-administration of asthma medication

Sets forth the process for permitting a student to self-administer inhaled asthma medication at school.

Chapter 832, Statutes of 2004

AB 2185 (Frommer-D) Asthma treatment care

Requires health care service plans to provide coverage for equipment used in the treatment of pediatric asthma.

Chapter 711, Statutes of 2004

AB 2248 (Frommer-D) Parkinson's disease registry

Creates a statewide registry for Parkinson's Disease under the direction of the director of the State Department of Health Services.

Chapter 945, Statutes of 2004

AB 2367 (Chan-D) Pupil health: asthma

Requires a school district that receives an asthma action plan, as specified, to maintain it on file and provide annual training to all school staff.

(Died in Assembly Appropriations Committee)

AB 2793 (Nakanishi-R) Psychiatrists: biologic and molecular-based brain disease

Requires that a psychiatrist provide the primary medical treatment and diagnosis of biologic and molecular-based brain disease, as defined, for a person of any age.

(Died in Assembly Business and Professions Committee)

AB 2798 (Leslie-R) Sexually transmitted disease prevention

Requires that performers be tested for the presence of sexually transmitted diseases before production begins on a film containing sexual content, as defined.

(Died in Assembly Health Committee)

ACR 8 (Dymally-D) Charles R. Drew University of Medicine and Science

Requests the Regents of the University of California and the President of the Charles R. Drew University of Medicine and Science to expedite plans to transform the medical doctorate joint training program at the University of California, Los Angeles and the Drew University, into a four-year program.

(Died in Senate Education Committee)

ACR 159 (Lieber-D) Myositis Awareness Day

Designates September 21, 2004, as Myositis Awareness Day.

Resolution Chapter 20, Statutes of 2004

ACR 169 (Koretz-D) Postpartum Mood and Anxiety Disorder Awareness Month

Proclaims May 2004 as Postpartum Mood and Anxiety Disorder Awareness Month.

Resolution Chapter 46, Statutes of 2004

ACR 250 (Montanez-D) California Chronic Kidney Disease Education Week

Designates the week of August 9 through 13, 2004, as California Chronic Kidney Disease Education Week; and, urges Californians to familiarize themselves with the causes of chronic kidney disease and the importance of intervention to promote sustained health and a better quality of life.

(Died on Assembly Third Reading File)

HR 42 (Pacheco-R) Eating disorders

Encourages research and training for medical professionals, counselors, and educators in diagnosing and treating eating disorders. Encourages Congress and the President of the United States to provide resources to treat eating disorders.

Adopted by the Assembly

HR 43 (Runner-R) Endometriosis Awareness Month

Proclaims the month of March 2004 as Endometriosis Awareness Month.

Adopted by the Assembly

Medi-Cal

SB 29 (Figueroa-D) Medi-Cal: accelerated enrollment

Requires the State Department of Health Services to begin implementing two Medi-Cal gateway programs within twelve months of sufficient staffing and funding requirements having been met. The gateway programs were created in Senator Figueroa's SB 24 (Chapter 895, Statutes of 2003) last year, and in his signing message, Governor Davis requested that Senator Figueroa author this "clean-up" measure.

Chapter 148, Statutes of 2004

SB 323 (Soto-D) Medi-Cal: disease management

States legislative intent to enact legislation that establishes a strategy for providing Medi-Cal beneficiaries with disease management programs and services.

(Died at Assembly Desk)

SB 494 (Escutia-D) Health services

States that a health care provider who has rendered services to a Medi-Cal beneficiary because of an injury caused by a third party is entitled to a lien for its reasonable and necessary charges against the portion of the beneficiary's recovery relating to past medical expenses. Places the burden of proof on the Medi-Cal beneficiary in a third-party action or claim to establish the reasonable value of medical and hospital expenses for the treatment of the beneficiary as the result of a third party's conduct. Establishes new judicial procedures to resolve disputes between a Medi-Cal beneficiary and a health care provider regarding the amount to be reimbursed to the provider out of the beneficiary's recovery against a third party. Extends counties' current lien rights against judgements to also include settlements, compromises, arbitration awards, and mediation settlements, or any other recovery obtained.

Vetoed by the Governor

SB 528 (Aanestad-R) Medi-Cal reimbursement rates

Requires the Director of the State Department of Health Services, in making the annual review and adjustment of reimbursement levels for physician and dental services under Medi-Cal, to review federal reimbursement levels under the federal Medicare program during the preceding five years, and to make appropriate adjustments to Medi-Cal reimbursement levels to closely align them to reimbursement levels under the Medicare program.

(Died in Senate Health and Human Services Committee)

SB 785 (Ortiz-D) Medi-Cal beneficiary: third-party coverage

Requires the State Department of Health Services to give beneficiaries the option of enrolling in, or maintaining enrollment in, an employer-sponsored health benefits plan for which they are eligible, at the time they apply for the Medi-Cal program, if the department determines that it would be cost-effective to do so.

Chapter 389, Statutes of 2004

SB 831 (Perata-D) Medi-Cal: plan enrollment eligibility

Authorizes the State Department of Health Services to permit individuals enrolled in share-of-cost Medi-Cal to voluntarily enroll in managed care plans and primary care case management plans.

(Died in Assembly Appropriations Committee)

SB 1103* (Senate Budget And Fiscal Review Committee) Budget Act of 2004: health

The omnibus health trailer bill for the Budget Act of 2004, containing necessary changes to implement the Budget Act of 2004. Key changes relate to the following areas: quality improvement fee for plans in Medi-Cal managed care, adult day health centers moratorium, changes to Medi-Cal reimbursement paid to pharmacists, federally qualified health centers and rural health centers, restricts electromyography screening, quarterly Medi-Cal file reconciliation, 250 percent working disabled Medi-Cal program, Local Health Entities, Newborn Screening Program, California Children's Services Program, hospital inpatient rate and county cost containment, and Family Cost Participation Program.

Chapter 228, Statutes of 2004

SB 1170 (Ortiz-D) Medi-Cal: prescription drug costs

Requires the State Department of Health Services to establish a list of Maximum Allowable Ingredient Costs for drugs on or before January 1, 2005.

(Died in Assembly Health Committee)

SB 1187 (Chesbro-D) Medi-Cal: federally qualified health centers

Revises the scope of factors applicable to a scope-of-service change for any federally qualified health center (FQHC) or rural health clinic (RHC) filing a consolidated cost report for multiple sites, authorizes those entities to utilize a consolidated cost report in order to calculate costs associated with a scope-of-service change, and revises the definition of a visit for those purposes. Establishes various conditions that must be met for a FQHC or RHC that provides services at a location other than a site owned by the FQHC or RHC to be directly reimbursed for those services, which reimbursement would be either at the prospective payment rate or at a fee-for-service rate. Provides that encounters with more than one health professional and multiple encounters with the same health professional that take place on a single day and at a single location constitute a single visit for reimbursement purposes, unless certain conditions apply.

(Died in Senate Appropriations Committee)

SB 1196 (Cedillo-D) Health care applications

Authorizes the sharing of the National School Lunch Program application for purposes of determining eligibility for the Healthy Families Program and any other county- or local-sponsored health insurance program when the child does not meet eligibility requirements for Medi-Cal.

Chapter 729, Statutes of 2004

SB 1333 (Perata-D) Prescription drug reimbursement

Allows the State Department of Health Services (DHS) to reimburse pharmacies for drugs dispensed to Medi-Cal and AIDS Drug Assistance Program beneficiaries that are purchased from a Canadian pharmacy, and establishes a new reimbursement rate for such drugs. Provides that in order for a pharmacy to be reimbursed for a drug that it has acquired from a Canadian pharmacy, the Canadian pharmacy shall meet specified requirements. Shields pharmacies that rely on the provisions of the bill from adverse actions under state law.

Vetoed by the Governor

SB 1358 (Escutia-D) Medi-Cal: provider inspections

Authorizes any agent, investigator, or auditor of the Bureau of Medi-Cal Fraud to inspect, at any time, the business location of any Medi-Cal provider, as defined, for the purpose of carrying out the duties of the bureau.

Chapter 185, Statutes of 2004

SB 1359 (Brulte-R) Medi-Cal: notices

Requires the State Department of Health Services, in conjunction with the State Department of Justice, to identify those areas of the fee-for-service Medi-Cal program that are at greatest risk of fraud or abuse.

Chapter 394, Statutes of 2004

SB 1360 (Brulte-R) Rewards for information: health services

Authorizes the State Department of Justice to pay rewards for information leading to the recovery of funds paid as a result of Medi-Cal fraud.

Chapter 395, Statutes of 2004

SB 1361 (Brulte-R) Medi-Cal: crimes: investigations

Creates a new enhancement (with a prison term of two years and a fine of up to $10,000) imposed against a Medi-Cal provider convicted of an underlying Medi-Cal fraud (or related crime), where the defendant obstructed the investigation of the crime by concealing or falsely stating material facts.

(Died in Assembly Public Safety Committee)

SB 1430 (Speier-D) Medi-Cal provider rates

Requires the State Department of Health Services to distinguish between professional fees and ingredient costs when implementing any activities relating to Medi-Cal payments to pharmacies.

(Died in Assembly Health Committee)

SB 1455 (Figueroa-D) Medi-Cal: eligibility determinations

Provides that for purposes of determining eligibility for benefits under the Medi-Cal program, a recipient or applicant may certify his or her available income and available resources. Also disregards assets in the determination of eligibility for any member of a family with an income the does not exceed an unspecified level and in the case of assets owned by parents of children who are eligible for benefits under the Medi-Cal program.

(Died in Senate Health and Human Services Committee)

SB 1593 (Hollingsworth-R) Coerced abortion: Medi-Cal: patient assurance

Prohibits Medi-Cal funding of an abortion unless the physician and surgeon has obtained the written assurance from the patient that she understands that she may not be coerced into having an abortion, and that her decision to have an abortion is voluntary.

(Failed passage in Senate Health and Human Services Committee)

SB 1631 (Figueroa-D) Cal-Health Program

Creates the California Health Care Program (CHCP) to coordinate the Medi-Cal and Healthy Families (HFP) programs for the purpose of reducing administrative costs. Requires the State Department of Health Services (DHS), which administers Medi-Cal and the Managed Risk Medical Insurance Board (MRMIB), which administers HFP, to carry out the duties and functions of the CHCP. Requires DHS to submit a federal waiver to permit providers to screen and temporarily enroll potential eligibles into Medi-Cal and HFP, reduces and makes exceptions to income and resources eligibility standards for Medi-Cal, and requires DHS and MRMIB to report recommendations to the Legislature for making various procedures for Medi-Cal and HFP the same, by March 1, 2005.

(Died in Senate Appropriations Committee)

SB 1671 (Vasconcellos-D) Health care: Medicare and Medi-Cal

Establishes the Cal Care Options (CCO) program, as follows: (1) requires the State Department of Health Services (DHS), in conjunction with the Centers for Medicare and Medicaid Services (CMS), to develop and administer the CCO program; (2) requires DHS to establish the fiscal integration and capitation of long term care medical benefits for individuals eligible for both Medicare and Medi-Cal; (3) requires DHS to establish contracts with up to five community-based service providers and requires DHS to create related regulations; (4) requires DHS to evaluate local programs and establishes evaluation criteria; (5) specifies that client participation in the local CCO programs will be voluntary; and (6) authorizes DHS to suspend current long term grants to community-based organizations and redirect up to $1.3 million of these funds to establish the CCO program.

(Died in Assembly Appropriations Committee)

SB 1783 (Dunn-D) Medi-Cal: managed care

Extends the sunset from August 1, 2005 to August 1, 2008, for the statute which prohibits California Children's Services (CCS)-covered services from being incorporated into any Medi-Cal managed care plan. Requires children who are enrolled in Medi-Cal managed care, and who are eligible for CCS, to continue to receive care through CCS for their CCS-eligible condition.

(Died in Assembly Health Committee)

SB 1792 (Ashburn-R) Medi-Cal: pharmacy services: reimbursement

Requires the State Department of Health Services to ensure that medications provided to patients in a skilled nursing facility (SNF) or intermediate care facility are reimbursed in a manner consistent with the special services provided that will ensure that patients in these facilities receive appropriate care and monitoring of their drug regimen. Makes various legislative findings regarding patients in SNFs and the services provided by pharmacies serving SNFs.

(Died in Assembly Appropriations Committee)

SB 1850 (Machado-D) Medi-Cal

Requires the State Department of Health Services to perform reviews and field audits of health care providers who submit an excessive number of Medi-Cal out-of-county claims.

Vetoed by the Governor

AB 154 (Chan-D) Health and managed care plans

Requires health plans participating in the Healthy Families Program and Medi-Cal to submit annual reports regarding the provision of culturally and linguistically appropriate services.

(Died in Assembly Appropriations Committee)

AB 203 (Lieber-D) Medi-Cal: physician reimbursement

Requires the State Department of Health Services to conduct an annual study of physician reimbursement rates, patient access to care, and quality of care provided under state Medicaid programs in five states other than California with the largest number of residents.

(Died in Assembly Appropriations Committee)

AB 510 (La Malfa-R) Medical equipment.

Requires the State Department of Health Services to establish a list of maximum allowable product costs for hearing aids and durable medical equipment.

(Died in Assembly Health Committee)

AB 674 (Haynes-R) Independence Plus Demonstration Program

Requires the Director of the State Department of Health Services to seek a federal waiver for purposes of establishing an Independence Plus Demonstration Program for Family or Individual Directed Community Services in accordance with federal program requirements. Requires the program to provide assistance to families with a member who requires long-term supports and services, or to individuals who require long-term supports and services, in order that the individual may remain in the family residence or in their own home.

(Died in Assembly Health Committee)

AB 733 (Longville-D) Medi-Cal: overpayment forgiveness

Permits the State Department of Health Services (DHS) to forgive all or part of the debt for overpayment for Medi-Cal services incurred by Victor Valley Community Hospital in San Bernardino County, and requires DHS to provide an assessment of legislation authorizing debt forgiveness for a hospital for Medi-Cal services.

(Died in Assembly Appropriations Committee)

AB 750 (Matthews-D) Medi-Cal: durable medical equipment

Requires, effective July 1, 2005, that any provider of custom rehabilitation equipment and custom rehabilitation technology services, to a Medi-Cal beneficiary, have on staff, either as an employee or independent contractor, or have a contractual relationship with, a qualified rehabilitation professional, who was directly involved in determining the specific custom rehabilitation equipment needs of the patient and the final fitting and delivery of the custom rehabilitation equipment.

Vetoed by the Governor

AB 881 (Koretz-D) Medi-Cal: drug contracts

Prohibits the State Department of Health Services from entering into a contract with the manufacturer of a drug unless the price of the drug is the same or less than the lowest known price paid in the state by the federal government.

(Died in Assembly Health Committee)

AB 939 (Yee-D) Psychiatric inpatient hospital services

Authorizes a mental health plan to enter into a contract for the provision of mental health services for Medi-Cal beneficiaries with a hospital that provides for the attending mental health professional's daily visit fee.

Chapter 748, Statutes of 2004

AB 1122 (Negrete McLeod-D) Pharmaceutical drugs

Requires the State Department of Health Services to report to the Legislature, by July 1, 2004, on the implementation of the requirements for the list of Maximum Allowable Ingredient Costs for prescription drugs.

(Died in Assembly Health Committee)

AB 1150 (Maldonado-R) Medi-Cal: provider reimbursement

Authorizes the State Department of Health Services to reimburse a qualified, county-operated community clinic that is exempt from licensure, and that after December 1, 1997, ceased to operate as a county-operated hospital with an outpatient department, at a transitional Medi-Cal rate that is higher than the Medi-Cal clinic rate, but no higher than the outpatient hospital rate.

(Died in Assembly Appropriations Committee)

AB 1163 (Frommer-D) Medi-Cal and Healthy Families Programs

Requires the Managed Risk Medical Insurance Board and the State Department of Health Services to streamline the Healthy Families Program and Medi-Cal eligibility processes to increase retention of eligible children.

(Died in Assembly Appropriations Committee)

AB 1359 (McCarthy-R) Medi-Cal: managed care programs

Requires the Director of the State Department of Health Services to expand the Medi-Cal managed care program in selected counties where beneficiaries currently do not have the option to choose a managed care plan.

(Died in Assembly Health Committee)

AB 1473 (Lieber-D) Medi-Cal: fraud: provider disqualification

Provides that failure by an applicant or provider to disclose required information or the disclosure of false information in connection with enrollment or continued enrollment of a provider shall result in permanent disqualification from enrollment or participation in the Medi-Cal program.

(Died in Assembly Health Committee)

AB 1558* (Negrete McLeod-D) Health care benefits

Authorizes special authorities and commissions and joint powers authorities created for the purpose of contracting for the care of Medi-Cal beneficiaries to create additional separate legal entities for the purpose of making health benefits available to Medi-Cal beneficiaries. Also authorizes county organized health systems to provide services to additional populations, as specified.

Vetoed by the Governor

AB 1589* (Longville-D) Medi-Cal: overpayment forgiveness

Adds San Bernardino County to provisions in current law that allows the State Department of Health Services to forgive a hospital the debt arising from an overpayment and interest made for Medi-Cal services.

(Died on Senate Inactive File)

AB 2086 (Lieber-D) Medi-Cal: provider enrollment

Exempts federally qualified health centers, pharmacies and county employed health care providers who are certified by the State Department of Health Services to participate in Medi-Cal from the requirement to submit an application for provider continuing enrollment.

Vetoed by the Governor

AB 2102 (Assembly Budget Committee) Health care

Requires the Secretary of the Health and Human Services Agency to convene meetings of the departments within the agency and the State Controller and Attorney General to coordinate their Medi-Cal anti-fraud efforts and report to the Legislature annually by May 1 of each year. Requires the State Department of Health Services (DHS) to annually report to the Legislature on the state's anti-fraud efforts. Places additional restraints on the ability of individuals to transfer assets to qualify for Medi-Cal. Provides DHS with the authority to recover against annuities, annuity payments or distributions received by any person or entity by reason of distribution, survival or designation as part of a deceased Medi-Cal beneficiary's estate. Provides additional steps to protect DHS recovery of medical assistance to individuals with interests in special needs trusts.

(Died on Assembly Third Reading File)

AB 2151 (Jackson-D) Medi-Cal: reimbursement rates

Revises the Family Planning, Access, Care, and Treatment (PACT) waiver provisions to provide that a licensed community care clinic or free clinic or an intermittent clinic that is licensed to purchase drugs at wholesale for administration or dispensing shall comply with billing amount requirements and is subject to maximum reimbursement rates, established by the bill for any take-home drugs and supplies provided under the Medi-Cal program or the Family PACT waiver program.

Chapter 851, Statutes of 2004

AB 2270 (Chan-D) Medi-Cal: administrative claims

Requires the State Department of Health Services to administer a Medi-Cal Administrative Activities claiming process for local educational agencies.

(Died in Assembly Appropriations Committee)

AB 2285 (Chu-D) Medi-Cal: proof of eligibility

Extends the prohibition for a Medi-Cal provider who has obtained a label, or copy of a beneficiary's Medi-Cal card, or any other proof of eligibility, from seeking reimbursement from the beneficiary for covered services, to any amount that exceeds a beneficiary's share of cost. Entitles a beneficiary, who pays for services of a provider who is in violation of these provisions, to a return of such payment from the provider or the Medi-Cal program. If the Medi-Cal program pays the beneficiary, requires the provider to pay back the program all reasonable costs that may be incurred. Authorizes the State Department of Health Services to take specified enforcement actions against a provider who violates these provisions, including suspension and/or withholding or recoupment of funds. Requires a hospital that has provided medical services to a beneficiary, to give any hospital based provider of such services all Medi-Cal eligibility documentation necessary for that provider to obtain reimbursement.

Vetoed by the Governor

AB 2291 (Haynes-R) Medi-Cal: abortions: provider reimbursement

Prohibits Medi-Cal funding for an abortion unless the physician performing the abortion has obtained written assurance from the patient that she understands that she may not be coerced into having an abortion, and that the decision to have an abortion must be made voluntarily, without duress or intimidation. Prohibits Medi-Cal reimbursement for abortion services unless the provider submits with the claim for reimbursement a statement, signed by the recipient of an abortion, that states that it is against the law for anyone to force, intimidate, or coerce her into having an abortion.

(Failed passage in Assembly Health Committee)

AB 2307 (Richman-R) Health care: provider enrollment and certification

Requires the State Department of Health Services, by July 1, 2005, to implement a process to allow a primary care clinic licensure applicant to apply for participation as a provider in other specified programs at the same time the clinic is becoming certified and enrolled as a Medi-Cal provider and if approved, to be enrolled or certified, or both, subsequent to certification and enrollment in the Medi-Cal program.

Chapter 449, Statutes of 2004

AB 2493 (Lieber-D) Medi-Cal: claims for health care services

Prohibits the State Department of Health Services from claiming against the estates of decedents for the cost of Medi-Cal services received by the decedent in specified circumstances.

(Died in Assembly Appropriations Committee)

AB 2679 (Wolk-D) Medi-Cal

Extends the sunset date for the Medi-Cal 250 Percent Working Disabled Program from April 1, 2005 to January 1, 2009.

(Died in Senate Appropriations Committee)

AB 2712 (Pacheco-R) Medi-Cal program: reimbursement

Requires the State Department of Health Services to pay Medi-Cal providers equal reimbursement for identical durable medical equipment, medical supplies, and incontinence medical supply items, if specified conditions are met. Requires the department to require Medi-Cal providers to bill for these items at the same rates charged to the general public.

(Died in Assembly Health Committee)

AB 2716 (Lowenthal-D) Medi-Cal

Makes various changes to the governance of Los Angeles Care Health Plan, including exempting additional circumstances from being considered conflicts of interest.

Chapter 454, Statutes of 2004

AB 2821 (Daucher-R) Care facilities: referrals

Allows relatives of a skilled nursing facility resident who receives Medi-Cal to pay for requested non-covered services, as specified, if permitted by federal law.

Chapter 661, Statutes of 2004

AB 2933 (Richman-R) Medi-Cal

Requires that any Medi-Cal beneficiary who is also eligible for Medicare be enrolled in Medi-Cal managed care if federal financial participation is available.

(Died in Assembly Health Committee)

AB 2937 (Nation-D) Medi-Cal eligibility: annuity purchases

Requires the State Department of Health Services to claim against the estate of any decedent who, not more than 60 months prior to applying for long-term care benefits under the Medi-Cal program, purchased an annuity for the purpose of becoming eligible for Medi-Cal benefits and not for the provision of income.

(Died in Assembly Health Committee)

AB 3029 (Matthews-D) Medi-Cal provider reimbursement

Prohibits, subject to an exception for certain providers and services, a provider under the Medi-Cal program from submitting a reimbursement request to the Medi-Cal program containing a beneficiary's social security number in order to receive payment if the State Department of Health Services has issued that beneficiary a Medi-Cal beneficiary identification card containing a beneficiary number that includes the issuance date.

Chapter 584, Statutes of 2004

Mental Health

SB 372 (Margett-R) Involuntary detention: grave disability

Revises the definition of "gravely disabled" for the purposes of involuntary detention to include those individuals against whom a complaint is pending.

(Died in Senate Health and Human Services Committee)

SB 1103* (Senate Budget And Fiscal Review Committee) Budget Act of 2004: health

The omnibus health trailer bill for the Budget Act of 2004, containing necessary changes to implement the Budget Act of 2004. As it relates to mental health, continues the supplemental rate payment for Community Treatment Facilities that serve children in Foster Care who have a serious mental health diagnosis. Provides for up to an additional 18 months of emergency regulation authority for the State Department of Mental Health (DMH) to complete mental health managed care regulations and requires them to have public meetings regarding recent federal law changes that affect these regulations. Requires DMH to, commencing July 15, 2004, report to the Legislature on a quarterly basis regarding key measures as specified that pertain to patient care and operation at Metropolitan State Hospital. Requires DMH to convene at least two community forums within the 2004-05 fiscal year as specified. Requires DMH, in collaboration with the State Department of Managed Health Care, the State Department of Insurance, and applicable representatives from the California public and private mental health systems, to identify core reasons as to why mental health parity has not been achieved and the potential barriers to achieving that parity. Requires DMH to identify approaches to effectuate a more comprehensive mental health system in California and submit a report on this information to the Legislature on or before March 1, 2005.

Chapter 228, Statutes of 2004

SB 1745 (Perata-D) Mental health rehabilitation centers

Allows health facilities, which are licensed by the State Department of Health Services, to convert a portion of their beds to a mental health rehabilitation center which are dually monitored by the State Department of Health Services and the State Department of Mental Health.

Chapter 509, Statutes of 2004

SB 1819 (Ashburn-R) Mental health and developmental services

Authorizes the disclosure of certain client records to employees of mental health and developmental services facilities against whom an adverse employment action has been taken. Such information is to be used in administrative hearings.

Chapter 406, Statutes of 2004

AB 37 (Yee-D) Health care coverage: mental health

Requires a health care service plan and a health insurer to contract with a county department of mental health to provide all medically necessary treatment available through the department to an enrollee or insured suffering from a serious emotional disturbance, if that treatment is not available through a contracting provider.

(Died in Assembly Health Committee)

AB 441 (Matthews-D) Juveniles: court-ordered evaluations

Authorizes a court to order an evaluation at an outpatient mental health site if the court is in doubt as to whether a minor who has been adjudged a ward or dependent child of the juvenile court is mentally disordered or mentally retarded. Authorizes the court to order the certification or commitment of the person pursuant to current law if such a determination is made.

(Died in Assembly Health Committee)

AB 940 (Yee-D) Mental health center for terrorism and disaster

Requires a health care service plan and a health insurer to contract with a county department of mental health to provide all medically necessary treatment available through the department to an enrollee or insured suffering from a serious emotional disturbance, if that treatment is not available through a contracting provider.

(Died in Assembly Health Committee)

A similar measure is AB 3038 (Yee-D), which died in Assembly Health Committee.

AB 1042 (Parra-D) Inmates: use of pepper spray in mental health facilities

Requires the State Department of Mental Health (DMH) to issue pepper spray to medical technical assistants while on duty and working in DMH facilities within state prisons, as specified.

Vetoed by the Governor

AB 1164 (Berg-D) Older Adults System of Care Demonstration Project

Extends grants to specific county mental health departments for the Older Adults System of Care Demonstration Project to six years. Includes as a component of the evaluation at both the local and state levels an assessment of the extent to which the program site has met the recommendations contained in the California Mental Health Master Plan's chapter on the planned system of care for older adults.

(Died on Senate Inactive File)

A similar bill is AB 1952 (Berg-D), which died in Assembly Appropriations Committee.

AB 2450 (Canciamilla-D) Sexually violent predators: notice

Provides greater notice to communities into which a patient may be released from the sexually violent predator program, particularly in cases where the patient is conditionally released with strict supervision.

Chapter 425, Statutes of 2004

AB 2629 (Salinas-D) Community care facilities: mentally ill residents

Requires the Community Care Licensing Division of the State Department of Social Services (DSS) to enter into a Memorandum of Understanding with up to ten local mental health departments to address shared responsibilities, monitoring responsibilities, facility closures, training and a process for mediation of disputes between the local mental health authority and DSS.

Chapter 660, Statutes of 2004

ACR 158 (Yee-D) Mental Wellness Month

Recognizes January 2004, as Mental Wellness Month, and urges Californians to take this opportunity to focus both on their own and others mental wellness.

Resolution Chapter 6, Statutes of 2004

ACR 231 (Yee-D) Mental Health Occupations Week

Proclaims the week of May 16 through May 22, 2004, and every third week of May of every year thereafter, as Mental Health Occupations Week.

(Died in Assembly Health Committee)

HR 30 (Lowenthal-D) Suicide Prevention Week

Proclaims May 4 through May 10, 2003 and every first full week in May hereafter as "Suicide Prevention Week".

Adopted by the Assembly

Developmentally Disabled

SB 120 (Margett-R) Elderly and disabled persons: home improvement loans

Establishes within the State Department of Housing and Community Development (HCD) the Elderly and Disabled Persons' Revolving Home Improvement Loan Program to provide no-interest home improvement loans to qualified elderly and disabled individuals to make non-major home modifications, charging the HCD to develop and administer the program.

(Died in Senate Appropriations Committee)

SB 1103* (Senate Budget And Fiscal Review Committee) Budget Act of 2004: health

The omnibus health trailer bill for the Budget Act of 2004, containing necessary changes to implement the Budget Act of 2004 as follows: Requires a $7 million (General Fund) unallocated reduction to the appropriation for the Purchase of Services for the Regional Centers (RCs), continues for one more year the timeframe for RCs to conduct intake and assessment of consumers from 60 days to 120 days, freezes provider rates in 2004-05 for several areas, enacts a new Family Cost Participation Program effective January 1, 2005 and modifies existing statute to extend from July 1, 2004 to July 1, 2005 the requirement that habilitation services providers who are operating at a consumer-to-job-coach ratio of 1:3 change to a job-coach ratio of 1:4.

Chapter 228, Statutes of 2004

SB 1364 (Chesbro-D) Developmental disabilities

Makes technical changes to sections of law governing the area boards and the state council on developmental disabilities and corrects an error in the drafting of Chapter 676, Statutes of 2002.

Chapter 68, Statutes of 2004

SB 1365 (Chesbro-D) Preventing unnecessary institutionalization

Establishes in statute the Olmstead Advisory Council, and provides that the council shall have certain responsibilities related to the Olmstead decision, including, but not limited to, providing advice and recommendations to the State Health and Human Services Agency for the placement of individuals in non-institutional settings.

Vetoed by the Governor

SB 1760 (Perata-D) Sovereign immunity: waiver

Expressly states that the State of California consents to be sued in state or federal court by any person seeking to enforce rights under the federal Americans with Disabilities Act of 1990 (ADA). Expressly prohibits the state from asserting immunity under the Eleventh Amendment of the United States Constitution, and expressly waives the state's right to immunity under that amendment for lawsuits under the ADA. Applies to all public agencies of the state, as defined.

Vetoed by the Governor

SB 1775 (Ortiz-D) Public buildings: disability access

Eliminates the December 31, 2004 sunset date on the provision of law that authorizes the State Architect, within the State Department of General Services, to expend funds in the Disability Access Account for the purpose of developing building regulation amendments that may be necessary to ensure that the state's disability access standards meet or exceed those established by federal statute.

Chapter 252, Statutes of 2004

SB 1819 (Ashburn-R) Developmental services: confidential information

Authorizes the disclosure of certain client records to employees of mental health and developmental services facilities against whom an adverse employment action has been taken. Such information is to be used in administrative hearings.

Chapter 406, Statutes of 2004

AB 200 (Richman-R) Developmental centers

Makes a number of changes to current law related to the transfer of clients from the State Department of Developmental Services' developmental centers to community-based services.

(Died in Assembly Appropriations Committee)

AB 271 (Nunez-D) Developmental services: human resources

Authorizes the State Department of Developmental Services (DDS) to establish state-owned, state-operated and state-staffed community-based residential services for clients moved from developmental centers into the community, and requires DDS to plan for and assist employees at developmental centers to find other, similar work if needed.

(Died in Senate Appropriations Committee)

AB 649 (Wiggins-D) Developmental disabilities workforce service centers

Makes findings and declarations regarding funding for developmental services and the maintenance-of-effort level of funding to be provided by the state. Requires the State Department of Developmental Services and the State Department Health Services to take prescribed actions relating to the budgeting for community-based developmental services.

Vetoed by the Governor

AB 857 (Frommer-D) Developmental disabilities: autism

Requires the State Department of Developmental Services to create an Autism Information Resource Center by designating a single agency to be a central source of information for autism treatment and support services statewide.

Vetoed by the Governor

A similar bill was AB 636 (Frommer-D), which died in Assembly Appropriations Committee.

AB 1138 (Frommer-D) License plates and placards

Requires any disabled person or disabled veteran issued a special license plate for a disability to present to a peace officer, upon request, certification that substantiates the eligibility for the special license plates. Becomes effective on July 1, 2005 and sunsets on January 1, 2006.

Chapter 363, Statutes of 2004

AB 1915 (Lowenthal-D) Driver's license: identification card: disabled persons

Establishes a process at the State Department of Motor Vehicles by which disabled persons would be issued driver's licenses and ID cards imprinted with the International Symbol of Access (a.k.a. the wheelchair symbol).

(Died in Assembly Transportation Committee)

AB 1956 (Wolk-D) Diversion: developmentally disabled defendants

Broadens the application of the current statute authorizing diversion for mentally ill defendants in certain misdemeanor cases to apply to persons with a cognitive developmental disability, as specified.

Chapter 290, Statutes of 2004

AB 2095 (Bogh-R) Vendorization rates: workers' compensation premiums

Requires the State Department of Developmental Services to grant a vendor's request for a rate or contract adjustment to compensate the vendor for increased workers' compensation premiums, anticipated increased premiums, or changes in employee classification and costs associated with the change in premiums, resulting from a categorical shift in workers' compensation insurance class codes approved by the Insurance Commissioner on or after July 1, 2003.

(Died in Senate Health and Human Services Committee)

AB 2100 (Steinberg-D) Developmental services

Establishes "family teaching homes," a new class of community care facilities for adults with disabilities, in anticipation of the closure of Agnews Developmental Center, and authorizes the State Department of Developmental Services to approve proposals to purchase such facilities as permanent housing for clients of the regional centers.

Chapter 831, Statutes of 2004

AB 2536 (Lieber-D) Building accessibility: hotels and motels

Requires the State Department of Housing and Community Development to propose building standards for grab bars in hotel bathrooms and requires hotels to use nonskid flooring or mats within bath and shower areas.

Vetoed by the Governor

AB 2594 (Leslie-R) Public accommodations: persons with disabilities

Imposes additional procedural requirements and limitations on persons with disabilities who seek to redress violations of state law regarding disability discrimination by businesses, housing accommodations and public facilities.

(Died in Assembly Judiciary Committee)

AB 2774 (Richman-R) Developmental centers

Makes several changes to current law regarding the closure of State Department of Developmental Services developmental centers.

(Died in Assembly Appropriations Committee)

AB 2775 (Richman-R) Developmental services: reimbursement

Requires the State Department of Developmental Services (DDS) to contract with a university to develop quality of care and outcome measurement data. Requires the State Department of Health Services and DDS to identify ancillary services that may qualify for federal Medi-Cal funding, redefine program activities for federal funding purposes, and collect family income data in order to meet federal reporting requirements. Requires DDS to implement a parental co-payment program unless the Legislature enacts an enrollment and/or co-payment fee program by January 1, 2005.

(Died in Assembly Appropriations Committee)

AB 2909 (Salinas-D) Early intervention services

Requires the State Department of Education to conduct a study of the current methods of providing special instruction and other services to infants and toddlers who are deaf or hard of hearing, and to report to the Legislature by January 1, 2006.

Chapter 456, Statutes of 2004

ACR 205 (Daucher-R) Autism Awareness Month

Proclaims April 2004 as Autism Awareness Month in California and acknowledges the contributions made in early intervention treatment.

Resolution Chapter 70, Statutes of 2004

Tobacco Products

SB 433 (Ortiz-D) Tobacco products: licensing of retailers

Amends the underage sales penalties that are levied against tobacco retailers for the purposes of the retail tobacco-licensing program administered by the State Board of Equalization.

(Died in Senate Appropriations Committee)

SB 676 (Ortiz-D) Tobacco products: tobacco manufacturer fees

Imposes an unspecified fee on cigarette manufacturers who do not participate in the Master Settlement Agreement and provides that fee revenues, upon appropriation by the Legislature, be used for smoking cessation services.

(Died in Assembly Governmental Organization Committee)

SB 1173 (Ortiz-D) Tobacco products: self-service display

Makes it unlawful for any retailer of tobacco products to sell, offer for sale, or display for sale any tobacco product or tobacco paraphernalia by self-service display. A first violation is punishable by a civil penalty of $200 to $300, with more severe penalties being imposed for repeat offenses.

Chapter 812, Statutes of 2004

SB 1821 (Dunn-D) Minimum legal age: advertising, display, and distribution

Raises the minimum legal age required for the purchase of cigarettes and tobacco products from 18 years to 21 years, and makes corresponding changes in the Stop Tobacco Access to Kids Enforcement Act. In addition, authorizes the State Department of Health Services to enlist the assistance of 15 and 16 year olds for onsight sting inspections until January 1, 2007, and after that to use anyone under the age of 21.

(Died in Senate Appropriations Committee)

AB 210 (Nation-D) Tobacco: dwellings

Provides that the drifting, wafting, or blowing of tobacco smoke into the interest of any other person in a common interest development is a nuisance, with specified exceptions. Prohibits the smoking of any tobacco-related product within any common area in a common interest development. Permits specified persons or entities to assess additional fines or penalties for a violation of these provisions.

(Died in Assembly Housing and Community Development Committee)

AB 221 (Koretz-D) Minimum legal age: advertising, display, and distribution

Raises the minimum legal age to smoke in California from 18 to 21, and makes conforming changes to related statutory provisions.

(Died in Assembly Governmental Organization Committee)

AB 384 (Leslie-R) Tobacco products: correctional facilities

Requires that the directors of the State Department of Corrections (DOC) and the State Department of the Youth Authority (CYA) adopt regulations prohibiting the possession of tobacco products in all of the DOC and CYA institutions and makes related changes in law. Becomes operative on July 1, 2005.

Chapter 798, Statutes of 2004

AB 586 (Koretz-D) Litter and marine debris: tobacco-related waste

Requires a $0.02 fee on all disposable bags and disposable cups that contain less than 40 percent postconsumer recycled content, to establish and maintain local programs that provide for the cleanup and recycling of litter and marine debris. Prohibits ashtrays for use on premises where smoking is prohibited by law unless the ashtray is provided in an area where smoking is not prohibited.

(Died in Assembly Natural Resources Committee)

AB 1033 (Montanez-D) Tobacco: prohibition on nonsale distribution

Prohibits the free distribution of tobacco products or related paraphernalia to any person. Provides exceptions to the above for (a) distributions by manufacturers or importers to wholesalers or distributors and (b) coupon or rebate offers to a consumer as part of a face-to-face retail sale. A violation is subject to civil action brought by the Attorney General or local prosecutors for an injunction and penalties of $500 to $2,000 per violation (per single package of prohibited free items).

(Died in Assembly Appropriations Committee)

AB 1040 (Leno-D) Cigarette taxes

Authorizes the board of supervisors of a county to impose a tax on the sale of cigarettes.

(Died in Assembly Governmental Organization Committee)

AB 1239 (Wiggins-D) Cigarette taxation: fees

Beginning July 1, 2004, requires non participating manufacturers to pay a fee for purposes of tobacco health related programs and tobacco cessation programs.

(Died in Senate Revenue and Taxation Committee)

AB 1269 (Wiggins-D) Tobacco products

Restricts retail advertising of cigarettes to brand name and price and prohibits conditioning retail discounts or inducements to any product promotion or display requirements.

(Died in Assembly Governmental Organization Committee)

AB 1276* (Jerome Horton-D) Tobacco Settlement Agreement: escrow compliance

Requires the Attorney General to develop and post on the Internet a list of tobacco product manufacturers that are participating manufacturers under the Tobacco Master Settlement Agreement, and that have made all required escrow payments. No tax stamps can be affixed to tobacco products from manufacturers not included on this list.

(Died on Assembly Inactive File)

AB 1569 (Firebaugh-D) Smoking in vehicles with minor passengers

Makes it an infraction for a person to smoke a pipe, cigar, or cigarette in a vehicle, whether in motion or at rest, in which there is a child passenger who is required to be secured in a child passenger restraining system.

(Died in Senate Appropriations Committee)

Similar measures were AB 894 (Firebaugh-D), which died in Assembly Governmental Organization Committee, and AB 2997 (Firebaugh-D), which failed passage on Assembly Third Reading File.

AB 1808 (Yee-D) Tobacco information campaign

Requires the Tobacco Control Section of the State Department of Health Services to conduct a public education and awareness campaign regarding the impacts of environmental tobacco smoke and secondhand smoke exposure in outdoor areas, particularly at beaches, if funds are available.

(Failed passage in Senate Appropriations Committee)

AB 2030 (Cogdill-R) Cigarette and Tobacco Products Tax Law: hearings

Requires the State Board of Equalization to conduct at least two hearings per year during which industry representatives and individual taxpayers may present proposals for changes to the Cigarette and Tobacco Products Tax Law that would further advance voluntary compliance and improve the relationship between taxpayers and the government. Requires the board to post quarterly on its Web site the cigarette and tobacco products revenues collected and disbursed from the previous quarter to specified funds.

Chapter 634, Statutes of 2004

AB 2443 (Daucher-R) Tobacco products: minors

Makes changes to the Stop Tobacco Access to Kids Enforcement (STAKE) Act, including the expansion of enforcement authority and increases penalties for the sale of tobacco to minors and for not properly posting STAKE Act warning signs.

(Died in Assembly Governmental Organization Committee)

AB 2491* (Jerome Horton-D) Cigarette and Tobacco Products Act

Requires the State Board of Equalization to post the name of tobacco wholesalers or retailers whose licenses have been suspended or revoked, and an informational notice regarding the seizure of tobacco products, on their Web site. Makes a number of other technical and clarifying changes.

Chapter 82, Statutes of 2004

AB 2694 (Bogh-R) Litter: cigarettes: increased fines

Increases the fine for throwing or discharging any lighted or nonlighted cigarette, cigar, match, or any flaming or glowing substance, or any substance or thing which may cause a fire upon any highway, including the right-of-way of any highway, any sidewalk, or any public or private property. Increases the fine for littering cigarettes, cigars, matches, or any flaming or glowing substance on any public or private property.

(Died in Assembly Public Safety Committee)

AB 3092* (Jerome Horton-D) Cigarettes

Increases the amounts of fines on retailers who fail to post the required notice relative to the appropriate age to purchase tobacco products.

Chapter 822, Statutes of 2004

Health Facilities

SB 143 (Cedillo-D) Acute care hospitals: patient needs

Requires the State Department of Health Services (DHS) to adopt regulations on or before January 1, 2010, to establish separate common patient classification or acuity systems to be used by all general acute care hospitals and all acute psychiatric hospitals. Stipulates that these systems shall be used by these hospitals to determine the level of nursing care needed for each category of patient in each unit and on each shift. Allows DHS to take into account variations among hospitals in operating characteristics that are related to the level and type of nursing care that the patient needs, as well as the specific needs of rural hospitals, while developing these systems and ensuring appropriate patient care.

(Died in Senate Appropriations Committee)

SB 197 (Burton-D) Registered nurses: wages and hours of employment violations

Provides treble civil penalties for acute care hospitals that are operated for profit and who fail to give registered nurses meal or rest periods.

(Died on Assembly Inactive File)

SB 326 (Florez-D) Health facilities: plans of correction

Provides that a plan of correction is admissible in a legal action or administrative proceeding if it is probative on an issue other than as an admission by the health facility, its licensee, or personnel of the violation that led the plan to be developed.

(Died in Senate Health and Human Services Committee)

SB 340 (Florez-D) Substance abuse: adult recovery maintenance facilities

Requires the State Department of Alcohol and Drug Programs to administer the licensure and regulation of adult recovery maintenance facilities.

(Died in Senate Health and Human Services Committee)

SB 379 (Ortiz-D) Statewide health planning and development

Establishes charity care and reduced payment policies for hospitals, which include minimum eligibility requirements of 400 percent of the federal poverty level ($74,500 for a family of four) and limitations on expected payments to Medicare, Medicaid, or workers compensation payment amounts. Takes effect June 1, 2005.

Vetoed by the Governor

SB 382 (Oller-R) Community care facilities: notice

Clarifies existing law relative to the approval process and notification of the intent to open a new residential care facility.

Chapter 120, Statutes of 2004

SB 393 (Aanestad-R) Pharmacists: inpatient pharmacy technician services

Authorizes specially trained pharmacy technicians to conduct oversight functions of other pharmacy technicians under prescribed conditions and circumstances.

(Died in Senate Appropriations Committee)

SB 398 (Romero-D) Health care employment agencies

Requires health care employment agencies to be licensed and regulated by the state. Prohibits a health facility from using an employee on a temporary basis when a permanent employee with appropriate qualifications is available to work.

(Died in Senate Appropriates Committee)

SB 536 (Romero-D) Los Angeles County trauma care system

Requires the task force convened by the Emergency Medical Services Authority to study the delivery and provision of emergency medical services in California to include within the scope of that study the Los Angeles County trauma care system.

(Died in Senate Health and Human Services Committee)

SB 546 (Johnson-R) Health facilities: plans of correction

Provides that a long-term health care facility's plan of correction to remedy deficiencies in compliance with health regulations may not be used for any purpose against the facility, its licensee, or its personnel, in any legal action or administrative proceeding.

(Died in Senate Judiciary Committee)

SB 828 (Figueroa-D) Health facilities: boutique hospitals

Prohibits the State Department of Health Services from issuing a license to operate a boutique hospital, as defined, unless the hospital agrees to continuously maintain and operate at least a basic emergency department.

(Died in Assembly Health Committee)

SB 847 (Aanestad-R) Health facilities: nurse-to-patient ratios

Requires the State Department of Health Services (DHS) to evaluate proposed hospital nurse staffing regulations issued by DHS pursuant to AB 394 (Kuehl) of 1999. Requires the evaluation to demonstrate the validity of several assumptions and findings on which the proposed regulations are based, as well as effects of the proposed regulations on patient care and ability of providers to hire and retain staff. Prohibits DHS from requiring hospitals to meet a 1:5 nurse-to-patient ratio in medical/surgical units unless it can demonstrate that several conditions exist regarding availability of nurses, improvements in patient care, and costs of meeting the requirements.

(Died in Senate Health and Human Services Committee)

SB 855 (Machado-D) Community care facilities: temporary emergency shelters

Creates a separate community care licensing category for crisis nurseries in designated counties, establishes conditions and requirements for operation of these facilities, and authorizes temporary placement of a limited number of children referred by the county child welfare services system.

Chapter 664, Statutes of 2004

SB 953 (Dunn-D) Children's Hospital Bond Act of 2004

Enacts the Children's Hospital Bond Act of 2004, which authorizes, for purposes of financing a specified Children's Hospital Program to fund capital expenditure projects for children's hospitals, the issuance of general obligation bonds in an unspecified amount. Provides for the submission of the bond act to voters at the next statewide election.

(Died in Senate Appropriations Committee)

SB 1003 (Ashburn-R) Community care facilities: foster care

Provides that when the State Department of Social Services issues a citation for a violation of a licensing standard in a foster care setting (group home, foster family home, or foster family agency), it may not issue the citation if the licensee can demonstrate that his/her actions met a standard of reasonableness.

(Died in Senate Judiciary Committee)

SB 1005 (Dunn-D) Fees: inspections: deficiencies: corrections

Requires the State Department of Health Services (DHS) to (1) conduct unannounced inspections of hospitals, (2) inspect for compliance with nurse-to-patient ratios during periodic inspections, (3) establish a new process for DHS to respond to complaints about hospitals, (4) enact specific time frames for hospitals to correct deficiencies found by DHS, and (5) reinspect hospitals to determine compliance with a plan correction. Takes effect July 1, 2004.

(Died on Assembly Inactive File)

SB 1014 (Aanestad-R) Hospital facilities: seismic safety requirements

Repeals provisions of existing law requiring the development and enforcement of standards for hospital seismic safety, requiring hospitals to conduct seismic studies and to prepare plans to bring their facilities into compliance with seismic regulations and standards, and establishing deadlines for hospitals to replace, retrofit, or convert to non-acute use facilities. States the intent of the Legislature that legislation to make these provisions operative again be enacted when the fiscal condition of the state's health care safety net is able to sufficiently cover the cost of meeting seismic retrofitting and other requirements without affecting health care delivery and access.

(Died in Senate Health and Human Services Committee)

SB 1103* (Senate Budget And Fiscal Review Committee) Budget Act of 2004: health

The omnibus health trailer bill for the Budget Act of 2004, containing necessary changes to implement the Budget Act of 2004. Changes relate to the following issues: adult day health centers moratorium, federally qualified health centers and rural health centers, federal bioterriorism funds, inclusion of Legislative Analyst's Office on California Medical Assistance Commission information, supplemental wage adjustment for nursing homes, rehabilitation program staffing ratio's, community treatment facilities reimbursement, Metropolitan State Hospital, unallocated reduction for the purchase of services for Regional Centers (RCs), intake and assessment changes for RCs and provider rates freezes in 2004-05.

Chapter 228, Statutes of 2004

SB 1275 (Ortiz-D) Hospitals: maternity services

Requires manufacturers of infant formula that market and distribute free formula samples in the maternity unit, nursery, or any other location in a hospital, as specified, to include a single, readable disclaimer notice, as specified.

(Failed passage in Assembly Health Committee)

SB 1325 (Kuehl-D) Hospitals: physicians and surgeons: self-governance

Requires the medical staff's right to self-governance in a hospital to include specified requirements in establishing medical staff bylaws, and makes numerous legislative findings and declarations regarding the responsibilities of the medical staff and the hospital governing board.

Chapter 699, Statutes of 2004

A substantially similar bill is SB 1456 (Kuehl-D), Chapter 848, Statutes of 2004, except that it includes clarifying amendments dealing with the medical staff of University of California hospitals.

SB 1487 (Speier-D) Health facilities: hospital-acquired infection

Requires specified hospitals to have written infection control plans and report to the Office of Statewide Health Planning and Development data, including the rate of hospital-acquired infections and risk-adjusted infection rate data according to the risk-adjustment methodology determined by the Centers for Disease Control and Prevention.

Vetoed by the Governor

SB 1539 (Ortiz-D) Long-term care facilities

Allows long-term health care facilities that have exclusive contracts with health care providers to permit a Registered Dental Hygienist in Alternative Practice to perform dental services under a written prescription.

(Died on Assembly Inactive File)

SB 1540 (Margett-R) Hospitals: emergency medical services

Requires a hospital that intends to downgrade or eliminate emergency medical services to notify all local emergency medical services agencies within the region served by the hospital.

Vetoed by the Governor

SB 1626* (Poochigian-R) Health facility construction: annual permit

Requires the Office of Statewide Health Planning and Development to issue an annual permit to a hospital if the hospital's total estimated construction cost is $50,000 or less per fiscal year.

Chapter 186, Statutes of 2004

SB 1662 (Soto-D) Residential care facilities for the elderly: rates

Requires residential care facilities for the elderly to provide residents or their representatives written notice within two days following a change in the level of care.

Chapter 401, Statutes of 2004

SB 1824 (Ducheny-D) Clinics: licensure

Authorizes specified clinics eligible for, or subject to, state licensure that are currently exempt from state licensure to elect to be licensed under the clinic licensing law provisions administered by the State Department of Health Services.

Vetoed by the Governor

SB 1845 (Perata-D) Adult day health care

Deletes the requirement in existing law that an adult day health care provider provide services only to those participants living within its service area. Clarifies that a provider serving a substantial number of participants of a particular racial or ethnic group, or participants whose primary language is not English, shall employ staff who can meet the cultural and linguistic needs of the participant population. Deletes the requirement that State Department of Health Services conduct reviews prior to approving renewal of Medi-Cal certification, vesting this function exclusively with the State Department of Aging.

Chapter 797, Statutes of 2004

AB 232 (Chan-D) Statewide health planning and development: hospitals

Requires each hospital to develop a self-pay policy specifying how the hospital determines prices to be paid by self-pay patients, as defined, and limits these prices for patients below specified income levels. Establishes limits on billing and collection activities of hospitals and their agents.

(Failed passage on Senate Third Reading File)

AB 253 (Steinberg-D) Health facilities: nurse-to-patient ratios

Requires the State Department of Health Services (DHS) to ensure compliance with hospital minimum nurse-to-patient staffing ratios by performing both unannounced and announced inspections, and utilization of the existing procedures for the filing of complaints if there is a violation of the minimum ratios. If DHS determines that an immediate jeopardy exists at a hospital, requires DHS to assess a $5000 fine on that hospital. If DHS determines that a hospital has demonstrated a pattern of violation, requires DHS to assess a fine of $10,000.

(Died in Conference Committee)

AB 602 (Koretz-D) Ammunition: Trauma Center Fund

Imposes a fee of 10 cents on every munition sold at retail to be paid to the State Board of Equalization, and deposited in the newly established Trauma Center Fund. Provides that the fund shall be used to reimburse emergency services providers for the costs of treating gunshot wounds and injuries.

(Died in Assembly Public Safety Committee)

AB 691 (Daucher-R) Nursing facilities: vaccines

Requires specified nursing facilities to offer immunizations for influenza and pneumococcal disease to residents that are 65 years of age or older, under certain conditions and with specified exceptions.

Chapter 36, Statutes of 2004

AB 802 (Matthews-D) Health policy and planning: billing

Requires a hospital, when billing for a product sold over-the-counter, to charge no more than twice the amount the hospital paid for the product, and include a commonly used description for the product, except as otherwise provided by law or contract.

(Died in Assembly Health Committee)

AB 823 (Nunez-D) Clinic grants

Deletes the $60,000 limitation in the grants-in-aid program conducted by the State Department of Health Services on grants to nonprofit corporations comprised of more than one clinic. Adds to the factors that would be given primary consideration prior to the allocation of a grant, the number of clinic closures in the area in the previous 12 months.

(Died in Assembly Health Committee)

AB 910 (Diaz-D) Hospitals: service changes: ownership

Establishes the Hospital Protection Review process for downgrades or closures of private hospitals. Prohibits any person from owning more than one private hospital within a county or a specified area without entering into a Community Responsibility Contract with the Attorney General.

(Died in Assembly Appropriations Committee)

AB 939 (Yee-D) Psychiatric inpatient hospital services

Authorizes a mental health plan to enter into a contract for the provision of mental health services for Medi-Cal beneficiaries with a hospital that provides for the attending mental health professional's daily visit fee.

Chapter 748, Statutes of 2004

AB 1240* (Mullin-D) Care facilities: criminal record clearances

Increases the penalties for failure to comply with the background check requirements and related regulations by a person with a license to provide care in a community care facility, residential care facility or day care center.

Chapter 653, Statutes of 2004

AB 1251 (Bermudez-D) Los Angeles County Hospital Authority

Authorizes the Board of Supervisors of the County of Los Angeles to establish, by ordinance, a hospital authority to manage, administer, and control the medical centers in Los Angeles County.

(Died in Assembly Health Committee)

AB 1261 (Cohn-D) Hospitals: ownership restrictions

Prohibits, on and after January 1, 2004, the State Department of Health Services from issuing an initial license for a general acute care hospital, or renewing such a license originally issued after January 1, 2004, unless the applicant intends to provide a broad range of adult acute inpatient medical and surgical services and at least a basic emergency medical service at all times and meets other requirements. Also requires the department to deny an application for an initial license for a general acute care hospital or the renewal of such a license if the department finds that the applicant will not provide the above services.

(Died in Assembly Health Committee)

AB 1299 (Daucher-R) Hospices

Authorizes licensed hospices to offer services, including grief and bereavement services, to patients and their families who have not elected hospice care.

Chapter 825, Statutes of 2004

AB 1396 (Simitian-D) Long-term care ombudsman: funding

Requires the State Department of Aging to impose a $3 per bed annual fee on long-term care facilities for the support of local ombudsman programs.

(Died in Assembly Aging and Long Term Care Committee)

AB 1401 (Wolk-D) Hospital charity care

Requires a licensed general acute care hospital, acute psychiatric hospital, or special hospital to develop and implement a charity care policy and discounted payment policy including financial criteria and the procedure used by the hospital to determine whether a patient is eligible for reduced or waived payment with a general description of same to be posted in the hospital's emergency room, and other appropriate locations. Imposes billing and collection requirements on hospitals, including requiring hospital bills to include a statement regarding the patient's eligibility for government-sponsored programs or hospital payment assistance.

(Died in Assembly Health Committee)

AB 1453 (Parra-D) Long-term care: Medi-Cal: reimbursement

Requires the State Health and Human Services Agency to incorporate specified research results regarding the application of a "Money Follows the Individual" program, allowing individuals to reside in the community, rather than in institutions, into the appropriate section of the agency's April 1, 2005 version of the annual Olmstead Plan Update.

(Died on Senate Inactive File)

AB 1559 (Daucher-R) Hospitals: information

Requires every general acute care hospital to post on its Internet web site the full current charge to uninsured patients for all health care services rendered, identified by prescribed procedure codes. Requires any hospital that provides emergency services to post a sign that lists the current rates charged for the 10 services most commonly provided to uninsured patients during the previous year.

(Died in Assembly Health Committee)

AB 1597* (Runner-R) Health facilities and clinics

Adds multispeciality ambulatory care clinics to the specialty clinics eligible for licensure under current law and requires the Medi-Cal program to comply with requirements with respect to reimbursement for services provided by multispeciality ambulatory care.

(Died in Assembly Health Committee)

AB 1629* (Frommer-D) Health and dependent care facilities

Provides for the imposition of a quality assurance fee on each skilled nursing facility, to be administered by the State Department of Health Services (DHS) and provides that the funds assessed be made available to draw down a federal match in the Medi-Cal program or to provide additional reimbursement to, and support facility quality improvement efforts in, skilled nursing facilities. Requires a facility to include in a resident's care assessment the resident's projected length of stay and the resident's discharge potential, facilitating their return to the community. Enacts the Medi-Cal Long-term Reimbursement Act and requires DHS to develop and implement a cost-based reimbursement rate methodology that utilizes cost components as a basis for facility-specific reimbursement rates.

Chapter 875, Statutes of 2004

AB 1945 (Nakano-D) Residential care facilities for the elderly

Makes several technical changes to current law regarding continuing education requirements for administrators of residential care facilities for the elderly. Requires online venders of continuing education programs to have a final screen displaying a printable statement of participant identification and to obtain and retain a signed copy of that statement for three years.

Chapter 340, Statutes of 2004

AB 1998* (Dutton-R) Corporation taxes: sales and use tax: credit exemptions

Creates a sales and use tax exemption and the personal income tax and corporation tax credit for investment in manufacturing equipment for taxable years beginning on or after January 1, 2005.

(Died in Assembly Revenue and Taxation Committee)

AB 2005 (Aghazarian-R) Community care facilities: group home programs

Ensures that a host county receives notice from a placing county, and has the opportunity to respond, when a placing county recommends to the State Department of Social Services (DSS) that DSS establish a rate for a new group home program or a new location for an existing group home.

Chapter 656, Statutes of 2004

AB 2049 (Nakanishi-R) Fetal ultrasound

Requires a person or facility that offers fetal ultrasound for specified purposes to make a written disclosure prior to performing the procedure, as specified.

Chapter 78, Statutes of 2004

AB 2065 (Nakano-D) Health and care facilities: fire protection

Requires every residential care facility for the elderly and every adult residential facility, which houses or cares for no more than six guests or patients, to have installed and maintained an operable automatic fire sprinkler system approved by the State Fire Marshal. Requires all newly licensed facilities to have sprinklers after January 1, 2006, and all facilities that are currently licensed to have sprinklers after January 1, 2010.

(Died in Senate Appropriations Committee)

AB 2087 (Lieber-D) Children's hospitals: consolidated licenses

Requires the State Department of Health Services to issue a consolidated license when the physical plants are children's hospitals located not more than 30 miles apart, and, under certain circumstances, authorizes the department to do so when the physical plants are children's hospitals located more than 30 miles apart. Requires a facility to have its eligibility for participation in the Medi-Cal program determined by the department if the facility is a children's hospital, is included in a consolidated license, provides outpatient services, and is located more than 30 miles from the heath facility.

(Died in Assembly Health Committee)

AB 2151 (Jackson-D) Medi-Cal: reimbursement rates: community and free clinics

Revises the Family Planning, Access, Care, and Treatment (Family PACT) waiver provisions to provide that a licensed community care clinic or free clinic or an intermittent clinic that is licensed to purchase drugs at wholesale for administration or dispensing shall comply with billing amount requirements and is subject to maximum reimbursement rates, established by the bill for any take-home drugs and supplies provided under the Medi-Cal program or the Family PACT waiver program.

Chapter 851, Statutes of 2004

AB 2184 (Plescia-R) Health facilities: pharmacy services

Permits the expanded use of Automated Drug Delivery Systems in skilled nursing facilities and intermediate care facilities.

Chapter 342, Statutes of 2004

AB 2300 (Dymally-D) Health facilities: staff-to-patient ratios

Requires general acute care hospitals, acute psychiatric hospitals, and special hospitals to develop a staffing plan for professional, technical and support staff to determine the need for other professional and technical staff, including, respiratory therapists, clerical, dietary, housekeeping, and other staff needed to ensure safe and adequate patient care.

(Died in Assembly Health Committee)

AB 2352 (Jackson-D) Residential care facilities: persons with chronic illness

Includes persons with terminal illnesses other than HIV or AIDS as eligible residents of residential care facilities for persons with chronic, life-threatening illness.

Chapter 121, Statutes of 2004

AB 2532 (Hancock-D) Hospitals: lift teams

Requires general acute care hospitals, except rural ones, to provide a "zero lift policy" to assist health care workers in lifting patients.

Vetoed by the Governor

AB 2548 (Shirley Horton-R) Community care facilities

Requires public notice and a public forum when a new residential care or drug and alcohol residential facility is proposed in a city or county.

(Failed passage in Assembly Human Services Committee)

AB 2629 (Salinas-D) Community care facilities: mentally ill residents

Requires the Community Care Licensing Division of the State Department of Social Services (DSS) to enter into a Memorandum of Understanding with up to ten local mental health departments to address shared responsibilities, monitoring responsibilities, facility closures, training and a process for mediation of disputes between the local mental health authority and DSS.

Chapter 660, Statutes of 2004

AB 2630 (Hancock-D) Alameda County Hospital Authority

Specifies that the Alameda County Hospital Authority is required to comply with statutory law that requires all contracts of employment between an employee and a local agency employer to include a provision that establishes a cap on the cash settlement an employee may receive if the employment contract is terminated.

Chapter 58, Statutes of 2004

AB 2632 (Bogh-R) Health facilities: construction plans

Exempts specified skilled nursing facilities and intermediate care facilities from the California Building Standards Code for certain repairs and normal maintenance projects.

Chapter 453, Statutes of 2004

AB 2720 (Laird-D) Health facilities: seismic safety

Permits plans and specifications for alterations and repairs of hospitals and certain other health facilities that do not affect architectural or structural conditions to be under the responsible charge of a duly qualified professional engineer.

Chapter 192, Statutes of 2004

AB 2791 (Simitian-D) Skilled nursing and intermediate care facilities

Requires the approved training program of a skilled nursing facility and an intermediate care facility to include instruction on preventing, recognizing, and reporting residents' rights violations as part of the current training and instruction required under existing law.

Chapter 270, Statutes of 2004

AB 2816 (Daucher-R) Long-term care

Requires the California Health and Human Services Agency to determine the appropriate single entity to provide oversight of the waiver standards for adult day health care centers and requires the State Department of Health Services to determine a percentage of the number of oversight reviews it conducts of the Multipurpose Senior Services Program utilization surveys that are conducted by the State Department of Aging.

Chapter 455, Statutes of 2004

AB 2821 (Daucher-R) Care facilities: referrals

Allows relatives of a skilled nursing facility resident who receives Medi-Cal to pay for requested non-covered services, as specified, if permitted by federal law.

Chapter 661, Statutes of 2004

AB 2822 (Daucher-R) Chronic Care Integration program

Requires each of Chronic Care Integration program sites to provide for contractual arrangements for sufficient services to meet the medical, social, and supportive needs, including the long-term care needs, of the eligible beneficiary in his or her home, community, residential facility, nursing facility, or other location. Makes various changes to the program, including changes with respect to financing, site requirements, selection criteria for programs, and service requirements for programs. Prohibits a person who is covered for services under the program from receiving In-Home Supportive Services.

(Died in Assembly Aging and Long Term Care Committee)

AB 2874 (Diaz-D) Health facilities: access to emergency care

Sets forth various requirements that must be met for hospitals planning reduction or elimination of the level of emergency medical services or hospital services, or for proposed closure of a general acute care hospital, as specified.

Vetoed by the Governor

AB 2876 (Frommer-D) Health facilities: information: disclosure

Requires the Office of Statewide Health Planning and Development (OSHPD), upon request, to disclose specified patient encounter and discharge data to hospitals and local health departments or local health officers, consistent with standards and limitations set forth in federal law. Requires OSHPD to disclose the same data to certain federal agencies under specified conditions.

Chapter 434, Statutes of 2004

AB 2963 (Pacheco-R) Health facilities: nurse-to-patient ratios

Delays the implementation of the 1:5 medical/surgical nurse-to-patient staff ratio in hospitals until the State Department of Health Services can evaluate and demonstrate a number of items including that there are sufficient nurses to implement the ratio.

(Died in Assembly Health Committee)

AB 2973* (Cohn-D) Health facilities

Establishes a process for Independent Plan Reviewers (IPRs) to review and certify hospital construction plans before they are submitted to the Office of Statewide Health Planning and Development (OSHPD), for projects with construction costs over $50 million, and if there is an undue delay, projects between $20 million and $50 million. Requires OSHPD to make every effort to review IPR-certified plans within 90 days.

Vetoed by the Governor

ACR 139 (Dymally-D) The Martin Luther King, Jr./Charles R. Drew Medical Center

Urges that the Martin Luther King, Jr. General Hospital, the Charles R. Drew University of Medicine and Science, and the University of California at Los Angeles develop a joint advisory team to develop recommendations to the leadership of the Martin Luther King, Jr./Charles R. Drew Medical Center in order to achieve or maintain, accreditation by the Accreditation Council of Graduate Medical Education.

Resolution Chapter 43, Statutes of 2004

Health Professionals

SB 77 (Burton-D) Physical therapy

Expands the scope of practice of physical therapy to include, among other things, a diagnosis of the physical impairment or movement-related functional limitation and manual therapy, including soft tissue and joint mobilization.

(Died in Senate Business and Professions Committee)

SB 136* (Figueroa-D) Professions and commissions

Implements changes recommended by the Joint Legislative Sunset Review Committee relating to examinations, sunset dates, and other technical, clarifying changes, affecting boards at the State Department of Consumer Affairs and other state commissions.

Chapter 909, Statutes of 2004

SB 197 (Burton-D) Registered nurses: wages and hours of employment violations

Provides treble civil penalties for acute care hospitals that are operated for profit and who fail to give registered nurses meal or rest periods.

(Died on Assembly Inactive File)

SB 393 (Aanestad-R) Pharmacists: inpatient pharmacy technician services

Authorizes a general acute care hospital to implement and operate a program using specially trained pharmacy technicians to check the work of other pharmacy technicians who have filled floor and ward stock and unit dose distribution systems for patients whose pharmacy prescriptions have been previously reviewed by a licensed pharmacist. Requires a hospital that operates this program to keep a list of all qualified pharmacy technicians available for board inspection and to keep all required data in the hospital for at least three years.

(Died in Senate Appropriations Committee)

SB 485 (Poochigian-R) Medical Board of California

Requires the Medical Board of California to evaluate its requirements and procedures for issuing a physician's and surgeon's certificate to determine if they provide adequate access for medically underserved communities to medical residents and if a modification is required to attract physicians and surgeons who are licensed by another state to those communities. Requires the board to report its findings on those issues to the Legislature.

(Died in Senate Business and Professions Committee)

SB 506 (Sher-D) Pharmaceuticals: wholesalers and manufacturers

Requires wholesalers and manufacturers licensed by the State Board of Pharmacy to report all sales of prescription antibiotics for use on livestock, poultry or other food-producing animals to the board. Requires the board, beginning 1/1/06, to compile annually the antibiotic prescription sales information and post the information on its Web site. Requires persons with a license to sell restricted livestock drugs at retail to report to the State Department of Food and Agriculture, sales of oral and injectable antibiotics or feed containing antibiotics.

(Died in Assembly Agriculture Committee)

SB 598 (Machado-D) Confidentiality of medical information: psychotherapy

Exempts disclosures made for purposes of diagnosis or treatment from procedures established in current law that specify how a health care provider may disclose information relating to a patient's participation in outpatient treatment with a psychotherapist.

(Chapter 463, Statutes of 2004)

SB 629 (Soto-D) Blood-borne infectious disease

Extends the rebuttable presumption regarding blood-borne infectious disease to licensed health care professionals for purposes of receiving both disability retirement and workers' compensation benefits.

(Died in Senate Appropriations Committee)

SB 665 (Perata-D) Medical providers: information summary: brain development

Requires the medical care provider primarily responsible for providing medical care to a child under six years of age to provide to the parent or guardian a standardized summary, in layperson's language and in a language understood by the parent or guardian, containing information about the importance of proper brain development for children from birth to age six years, and ways to promote proper brain development.

(Died in Senate Business and Professions Committee)

SB 816 (Alarcon-D) Clinical social workers

Revises the definition of the practice of clinical social workers to include the application of specialized clinical knowledge and advanced clinical skills in the areas of assessment, diagnosis, and treatment of mental, emotional, and behavioral disorders, conditions, and addictions.

(Died in Senate Business and Professions Committee)

SB 827 (Aanestad-R) Health care providers: billing procedures

Requires health care providers, when submitting a bill to a patient, to ensure that the bill includes an itemized list of all charges that is understandable at the eight grade reading level.

(Died in Senate Appropriations Committee)

SB 867 (Burton-D) Workers' compensation: acupuncturists

Authorizes the Industrial Medical Council to appoint an acupuncturist as a qualified medical evaluator, but requires that the acupuncturist meet specified requirements. Deletes a provision of existing law that states that the inclusion of acupuncturists in the definition of "physician" shall not be construed to authorize acupuncturists to determine disability under specified provisions of the workers' compensation law or the law providing for nonindustrial disability.

(Died in Senate Labor and Industrial Relations Committee)

SB 928 (Aanestad-R) Dentistry licensure

Makes modifications to existing law governing the granting of licenses by credential to dentists licensed outside California who wish to practice here.

Chapter 464, Statutes of 2004

SB 1149 (Ortiz-D) Dangerous drugs: foreign suppliers

Requires the State Board of Pharmacy to develop and disseminate information identifying Canadian pharmacies that have established that they meet recognized standards for the safe acquisition, shipment, handling, and dispensing of dangerous drugs to persons in California.

Vetoed by the Governor

SB 1245 (Kuehl-D) California State University: nursing

Requires the Chancellor of the California State University, in consultation with the State Board of Registered Nursing, to determine which campuses are eligible for the establishment of entry-level master's programs in nursing.

Chapter 718, Statutes of 2004

SB 1325 (Kuehl-D) Hospitals: physicians and surgeons: self-governance

Requires the medical staff's right to self-governance in a hospital to include specified requirements in establishing medical staff bylaws, and makes numerous legislative findings and declarations regarding the responsibilities of the medical staff and the hospital governing board.

Chapter 699, Statutes of 2004

SB 1336 (Burton-D) Oral and maxillofacial surgery

Authorizes oral and maxillofacial surgeons licensed by the Dental Board of California who meet specified criteria to perform elective facial cosmetic surgery under specified circumstances.

Vetoed by the Governor

SB 1341 (Kuehl-D) Telemedicine

Expands the definition of telemedicine to include the use of "store-and-forward" technology for two applications, teledermatology and teleophthalmology services, and to allow Medi-Cal reimbursement for these two types of services provided by health care practitioners via telemedicine.

Vetoed by the Governor

SB 1355 (Aanestad-R) Clinical laboratories: cytotechnologists

Makes changes relating to the use of automated or semiautomated screening devices approved by the federal Food and Drug Administration when reviewing gynecologic slides.

Chapter 735, Statutes of 2004

SB 1485 (Burton-D) Physical therapy

Revises the definition of "physical therapy" to include the promotion and maintenance of fitness to enhance the bodily movement related health and wellness of individuals through the use of physical therapy intervention.

Chapter 117, Statutes of 2004

SB 1492 (Dunn-D) Confidential information

Provides patients with the right to control whether or not their confidential medical information is transmitted outside of the United States.

Vetoed by the Governor

SB 1546 (Figueroa-D) Dentistry

Extends the sunset date for the Dental Board of California and makes various changes to the Dental Act.

Chapter 667, Statutes of 2004

SB 1548 (Figueroa-D) Veterinary medicine

Extends the operations of the Veterinary Medical Board of California (VMB) until July 1, 2009, and makes other changes related to VMB.

Chapter 467, Statutes of 2004

SB 1633 (Figueroa-D) Medical information privacy

Prohibits any business from seeking to obtain medical information directly from an individual for direct marketing purposes without clearly and conspicuously disclosing how it will use and share that information and obtaining the consumer's consent to that use and sharing.

Chapter 861, Statutes of 2004

SB 1691 (Vasconcellos-D) Physicians and surgeons: alternative medicine

Provides that a licensed physician is not subject to discipline for specified aspects of unprofessional conduct solely on the basis that the physician's treatment or advice is "alternative or complementary medicine," if specified conditions are satisfied.

Chapter 742, Statutes of 2004

SB 1782 (Aanestad-R) Medical crimes: investigation and prosecution

Makes findings and declarations regarding review of cases involving the prescription of pain medication. States the intent of the Legislature that the California District Attorneys Association, on or before January 1, 2006, collaborate with interested parties to develop protocols for the development and implementation of interagency investigations in connection with a physician's prescription of medication to patients. Specifies that the investigation protocol shall be designed to facilitate the timely return of medical records to a physician.

Chapter 864, Statutes of 2004

Similar legislation is SB 995 (Aanestad-R), which died in Senate Business and Professions Committee.

SB 1853 (Perata-D) Clinical social work

Modifies the definitions of "practice of clinical social work" and "psychotherapy."

(Died on Assembly Inactive File)

SB 1865* (Aanestad-R) Dentists: licensing examinations

Provides that an applicant for a license to practice dentistry may either successfully complete the current clinical and written examination developed and administered by the Dental Board of California, or a clinical and written examination administered by the Western Regional Examining Board.

Chapter 670, Statutes of 2004

SB 1913 (Senate Business And Professions Committee) Professions

Makes numerous nonsubstantive or technical changes to various provisions of existing law that pertain to boards within the State Department of Consumer Affairs. The boards are as follows: State Board of Occupational Therapy, Pharmacy, Podiatric Medicine, Behavioral Sciences, Psychology, Speech-Language Pathology and Audiology, Registered Nursing, Respiratory Care and Medical Board of California.

Chapter 695, Statutes of 2004

AB 30* (Richman-R) Controlled substances: Schedule II

Provides cleanup legislation to SB 151 (Burton) of 2003, that replaces the existing triplicate prescription pads used to dispense Schedule II narcotics with new forgery resistant pads that will be used for all controlled medications. It extends the use of triplicate prescription forms for dangerous drugs, until the alternative system can be implemented.

Chapter 573, Statutes of 2004

AB 262 (Chan-D) Pharmacies: physician prescribing data

Prohibits pharmacists and other entities, which have access to physician prescribing data, from selling such data except to a data vendor. Defines "data vendor" as any California or out-of-state entity that acquires physician prescription data from pharmacies or other sources and sells or transfers that data directly, or through intermediaries, to pharmaceutical companies or pharmaceutical benefit managers for any commercial purpose and whose primary purpose is the collection of this data.

(Died in Conference Committee)

AB 371* (La Suer-R) Blood tests

Allows phlebotomists to draw blood for the purpose of blood alcohol testing.

Chapter 14, Statutes of 2004

AB 395 (Koretz-D) Surgical procedures: cats

Prohibits a licensee of the Veterinary Medical Board from performing, procuring, or arranging for surgical claw removal, declawing, onychectomy, or tendonectomy on a cat that is a member of a native, wild, or exotic cat species or from altering such a cat's toes, claws, or paws in order to prevent their normal functioning. Exempts from the prohibition procedures performed solely for a therapeutic purpose.

(Died in Assembly Business and Professions Committee)

AB 445 (Vargas-D) Social workers

Requires that, on or after January 1, 2007, only an individual who possesses a degree from an approved school of social work, an institution that is in candidacy status, as determined by the Council on Social Work Education, or a foreign school of social work, may represent himself or herself as a "social worker." Specifies certain exceptions and that these provisions shall not apply to an individual who holds this classification prior to January 1, 2006.

(Died in Senate Business and Professions Committee)

AB 521 (Diaz-D) Prescription drug warnings

Specifies a minimum type size for information provided from a pharmacist to a patient about the harmful effects of a medication.

(Died in Senate Business and Professions Committee)

AB 539 (Laird-D) Dentistry: dental hygienists

Requires the Dental Board of California to license, until January 1, 2009, third- and fourth-year dental students meeting certain criteria as registered dental hygienists.

Chapter 294, Statutes of 2004

AB 611 (Negrete McLeod-D) Waste discharges: dental amalgam

Establishes a process to encourage and require effective diversion of dental amalgam waste containing mercury generated by dentist offices from the public sewer system, publicly-owned treatment works, and the state's surface waters.

(Died in Assembly Appropriations Committee)

AB 621 (Nakanishi-R) Physicians and surgeons: immunity from liability

Creates the Physicians and Surgeons Liability Insurance Pilot Program to purchase liability insurance for physicians who are eligible under existing law for waiver of license renewal fees, if the sole purpose of license renewal is to provide voluntary, unpaid services to specified agencies.

(Died in Senate Judiciary Committee)

AB 685* (Leno-D) HIV counselors: education and training

Exempts HIV counselors from being required to possess a high school diploma or a General Education Development Certificate in order to conduct rapid HIV tests, and establishes the Legislature's intent that the State Department of Health Services develop a new curriculum for HIV counselor training that includes the same training that is required of a limited phlebotomy technician.

Chapter 2, Statutes of 2004

AB 746* (Matthews-D) Medical information: pharmacies: marketing

Creates two exceptions to the prohibition on the use of patient medical information for marketing purposes (1) for written communications provided to a pharmacy patient during a face-to-face interaction where the majority of the communication describes health information related to the dispensed drug, and (2) for communications designed to maintain an individual's adherence to a prescribed course of treatment for a chronic and seriously debilitating or life-threatening condition. The provisions sunset on January 1, 2006.

(Died in Senate Business and Professions Committee)

AB 932 (Koretz-D) Podiatric medicine

Deletes the prohibition against a doctor of podiatric medicine performing amputations but prohibits a doctor of podiatric medicine from performing an amputation of the foot in its entirety. Authorizes a doctor of podiatric medicine who is certified to perform surgical treatment that is otherwise beyond his/her scope of practice in specified locations if the doctor of podiatric medicine is under the direct supervision of a physician and surgeon. Also adds outpatient settings meeting certain criteria to the list of locations where surgery may be performed.

Chapter 88, Statutes of 2004

AB 1007 (Nakano-D) Dentistry

Revises the Dental Board membership to include a total of eight dentists, seven of whom are in active practice and one who is a full-time faculty member of a California dental college, and specifies that a minimum of three of the dentists would be in the full-time practice of general dentistry, and a maximum of three of the dentists may be dentists who practice in a specialty accredited by the American Dental Association.

(Died in Senate Business and Professions Committee)

AB 1087* (Frommer-D) Venipuncture

Allows a "certified phlebotomy technician" to perform venipuncture or skin puncture to obtain a specimen for nondiagnostic tests, for insurance purposes only, as specified, provided the technician is under the general supervision of a specified licensed health personnel.

Chapter 18, Statutes of 2004

AB 1094 (Negrete McLeod-D) Healing arts: physicians and surgeons

Provides that a licensed physician and surgeon may not provide, publish, or advertise that he/she is a "specialist," or a similar term, unless the licensee is so certified.

(Died in Assembly Business and Professions Committee)

AB 1100 (Longville-D) Alcohol and drug abuse counselors

Enacts the Alcohol and Drug Abuse Counselors Licensing Law to be administered by the Board of Behavioral Sciences in the State Department of Consumer Affairs. Requires that one of the two licensed clinical social workers on the board also have a license as an alcohol and drug abuse counselor. Requires the board to adopt rules and regulations regarding alcohol and drug abuse counselors, administer a semiannual licensing examination to applicants, discipline licensees, and establish a program for alcohol and drug abuse interns. Requires the board to issue a license to an applicant meeting specified qualifications. Imposes unspecified licensing and registration fees on licensees and a $75 registration fee on interns to be deposited into the Behavioral Sciences Fund and continuously appropriated to the board for the purposes of the bill.

(Died in Assembly Business and Professions Committee)

AB 1373* (Daucher-R) Nursing home administrator

Revises the qualifications for the licensing examination for nursing home administrators to allow legal residents, in addition to United States citizens, to qualify.

Chapter 320, Statutes of 2004

AB 1388 (Kehoe-D) Massage licensure

Repeals provisions under current law authorizing a city or county to license and regulate the business of massage and instead establishes the Board of Massage Therapy in the State Department of Consumer Affairs to license and regulate massage therapists and massage practitioners.

(Died in Assembly Business and Professions Committee)

AB 1403 (Wolk-D) Medical care

Renames the California Physician Corps Loan Repayment Program of 2002 in the Division of Licensing of the Medical Board of California the Steven M. Thompson Physician Corps Loan Repayment Program.

Chapter 367, Statutes of 2004

AB 1460 (Nation-D) Clinical laboratory directors

Authorizes a pharmacist to serve as a laboratory director, in specified circumstances, to administer simple "waived" healthcare tests in pharmacies.

(Died in Assembly Business and Professions Committee)

AB 1467* (Negrete McLeod-D) Dentist licensure requirements

Re-establishes, for five years, until January 1, 2009, the licensure requirements and procedures for graduates of unaccredited and unapproved foreign dental schools, including the taking and passage of the prerequisite "RT" examination, which will be revived and extended by the bill for that period of time.

Chapter 33, Statutes of 2004

AB 1543 (Firebaugh-D) Community colleges: nursing programs

Requires the Chancellor of the California Community Colleges (CCC), in consultation with nursing programs of the CCC from around the state, to submit recommendations for standardized admissions policies, including prerequisite requirements and methods for allocating slots in over-subscribed programs.

(Died in Assembly Appropriations Committee)

AB 1655 (Negrete McLeod-D) Emergency medical services: paramedics

Authorizes the Emergency Medical Services Authority to impose an administrative fine on paramedics who have committed specified conduct. Requires employers to report certain disciplinary actions taken against paramedics to the Emergency Medical Services Authority and to the local emergency medical services agency medical director.

Chapter 513, Statutes of 2004

AB 1797 (Bermudez-D) Medical Board of California

Exempts the enforcement functions of the Medical Board of California from the imposition of a comprehensive hiring freeze on state agencies.

(Died in Assembly Appropriations Committee)

AB 1816 (Bermudez-D) Medical Board of California

Authorizes the Medical Board of California (MBC) to determine, through regulation, that certain information and complaints cannot be pursued without detriment to the investigation and prosecution of specified priority cases, and provides that if the MBC determines that it does not have jurisdiction over an allegation made by a consumer, that it shall notify the consumer of that fact within 30 days and include within the notification other agencies or private entities to contact for assistance.

(Died in Senate Judiciary Committee)

AB 1821 (Cohn-D) Nursing Workforce Education Investment Act

Establishes, in the Office of Statewide Health Planning and Development, a nursing education contract program to provide funding for programs to educate and train licensed vocational and registered nurses.

Vetoed by the Governor

AB 1957 (Frommer-D) Prescription drugs

Requires the State Department of General Services to coordinate a review of state agencies to determine potential savings if prescription drugs are purchased from Canada and to establish pilot programs. Requires the State Department of Health Services to establish a California Rx Program, including a Web site to facilitate purchasing prescription drugs at reduced prices. Requires the Web site to include price comparisons, including Canadian prices and links to Canadian pharmacies.

Vetoed by the Governor

AB 1963 (Salinas-D) Public health outreach

Encourages the State Department of Health Services and the Office of Multicultural Health to use promotores de salud, as defined, through existing health programs.

Vetoed by the Governor

AB 1975 (Bermudez-D) Physicians and surgeons

Requires the Medical Board of California to promptly revoke the license of any person subject to the requirement to register with the police as a sex offender on or after January 1, 1947, except in the case of certain misdemeanor convictions or unless the duty to register as a sex offender has been terminated. Revises the provisions authorizing a petition of the superior court for reinstatement of a revoked license. States legislative intent that the bill be applied retrospectively as well as prospectively.

Chapter 756, Statutes of 2004

AB 2008 (Assembly Business And Professions Committee) Vocational nursing

Revises provisions regarding accreditation and inspection of psychiatric technician schools and authorizes the State Board of Vocational Nursing and Psychiatric Technicians to perform its duty of inspecting vocational nursing schools by either inspecting the school by a site visit or be reviewing school documents, or both.

(Died on Senate Inactive File)

AB 2049 (Nakanishi-R) Fetal ultrasound

Requires a person or facility that offers fetal ultrasound for specified purposes to make a written disclosure prior to performing the procedure, as specified.

Chapter 78, Statutes of 2004

AB 2056 (Aghazarian-R) Dentistry

Requires the Dental Board of California to take disciplinary action against a licensee within specified time periods, subject to specified exceptions.

Chapter 447, Statutes of 2004

AB 2059 (Maze-R) Social workers

Revises the list of requirements that must be met by an out-of-state social worker who applies to the State Board of Behavioral Sciences for a license.

(Died in Assembly Business and Professions Committee)

AB 2125 (Levine-D) Prescriptions: requisite information

Requires a physician and surgeon, unless directed otherwise by the patient, to indicate the patient's diagnosis on each prescription. Requires a pharmacist to include this information on the container's label, unless directed otherwise by the patient.

(Died in Assembly Health Committee)

AB 2138 (Maze-R) Laboratory scientists: radiologists

Requires the State Department of Health Services to exempt an applicant from the clinical laboratory scientist licensure examination if he or she has passed an equivalent examination of the national accrediting boards or of another state.

(Died in Senate Business and Professions Committee)

AB 2163 (Leslie-R) Confidentiality of medical records

Requires anyone hired by a health care provider to transcribe medical records to disclose to the health care provider all contractors or subcontractors used and to disclose whether any of the records will be sent to another country.

(Died in Assembly Health Committee)

AB 2184 (Plescia-R) Health facilities: pharmacy services

Permits the expanded use of Automated Drug Delivery Systems in skilled nursing facilities and Intermediate Care Facilities.

Chapter 342, Statutes of 2004

AB 2226 (Spitzer-R) Nurse practitioners

Requires first-time applicants for certification as a nurse practitioner to meet specified requirements including a master's degree level of education.

Chapter 344, Statutes of 2004

AB 2326 (Corbett-D) Prescription drugs: report card

Requires the Office of Patient Advocate in the State Department of Managed Health Care (DMHC) to publish a report card on DMHC's Web site, which addresses the safety, effectiveness and cost of prescription drugs. Requires this report card to be updated annually and specifies certain information that should be considered and actions that should be taken in regard to the report card. Requires DMHC to seek funding for startup costs from federal or private nonprofit charitable sources.

(Failed passage in Senate Appropriations Committee)

AB 2354 (Levine-D) Medical referrals

Exempts from the prohibition against referring or recommending for profit a person to specified health care providers for any form of medical care or treatment, specified dental, chiropractic, and marriage and family therapist services, health care service plans, life and disability insurers, and any entity owned or controlled by, or under common control with, a health care service plan or life or disability insurer that provides discounts for services, as specified, and Medicare-approved drug discount care programs. Entitles any person who brings a civil action, in addition to other remedies, to injunctive relief, restitution, monetary damages, punitive damages, and attorney's fees.

(Died on Assembly Inactive File)

AB 2390 (Reyes-D) Dentistry

Exempts specified clinics and their mobile service vans from the provisions of the Dental Practice Act, and permits temporary dental practice in a mobile van owned by a licensed dentist's insurer under specified circumstances.

Chapter 347, Statutes of 2004

AB 2393 (Haynes-R) Cancer

Exempts licensed physicians and surgeons from certain provisions governing the treatment of cancer.

(Died in Assembly Health Committee)

AB 2409 (Yee-D) Clinical laboratory scientists

Authorizes the State Department of Health Services to issue a limited clinical laboratory scientist's license to a specific group of laboratory technologists who have acquired their skills and expertise through practical on-the-job training.

Chapter 807, Statutes of 2004

AB 2410 (Yee-D) Naturopathic doctors

Provides that a naturopathic doctor may not perform acupuncture alone or jointly with the use of traditional Chinese and oriental medicine.

(Died in Assembly Business and Professions Committee)

AB 2436 (Bates-R) Clinical laboratory testing

Distinguishes health fairs providing nondiagnostic testing from health fairs providing diagnostic testing, and places additional requirements on programs of nondiagnostic general health assessment.

Chapter 450, Statutes of 2004

AB 2464 (Pacheco-R) Optometry

Revises and recasts provisions within the Optometry Practice Act, eliminates redundant and outdated provisions, clarifies other provisions to provide consistency with other similar provisions, and updates certain provisions to reflect the current practice of optometry.

Chapter 426, Statutes of 2004

AB 2510 (Nakanishi-R) Public health care

Provides that licensed health care professionals contracting with a governmental contractor to provide free health care services are agents of the contractor while acting within the contract. Makes the exclusive remedy for injury or damage suffered as a result of any act or omission a lawsuit against the governmental contractor.

(Died in Assembly Health Committee)

AB 2547 (Lowenthal-D) Physician and surgeon reporting of medical conditions

Authorizes a physician and surgeon until January 1, 2008, to voluntarily disclose information relating to a diagnosis of a lapse of consciousness disorder or other medical condition that may affect a patient's ability to drive safely to the State Department of Motor Vehicles (DMV). Separately requires, until January 1, 2008, a physician and surgeon to make a written report to DMV identifying every patient the physician and surgeon has diagnosed with Alzheimer's disease or another dementia disorder, and every patient who suffers from an impairment that significantly compromises the patient's ability to safely operate a motor vehicle and that cannot be controlled or compensated for within a clinically reasonable period of time. Exempts the physician and surgeon from criminal and civil liability for making a report pursuant to the bill. Requires a physician and surgeon to instruct the patient not to operate a motor vehicle until the disorder or impairment is controlled or compensated for by medication, therapy, surgery, or adaptive devices.

(Died in Senate Judiciary Committee)

AB 2552 (Leno-D) Marriage and family therapy

Makes various clarifying changes to the licensing law for marriage and family counselors.

Chapter 204, Statutes of 2004

AB 2560 (Montanez-D) Nurse practitioners: furnishing drugs or devices

Removes the restrictions on nurse practitioners as to the healthcare settings and areas in which they may furnish or order drugs or devices for patients, and allows the nurse practitioner to furnish or order drugs and devices whenever it is consistent with their educational preparation or clinical competency.

Chapter 205, Statutes of 2004

AB 2571 (Longville-D) Alcohol and drug abuse professionals

Creates the Board of Alcohol and Other Drugs of Abuse Professionals in the State Department of Consumer Affairs and establishes requirements for licensure of alcohol and other drugs of abuse professionals.

(Died in Assembly Health Committee)

AB 2588 (Reyes-D) Confidentiality of medical information

Prohibits a provider of health care or a health care service plan from disclosing medical information to any third-party for the purpose of medical data processing or medical record transcription.

(Died in Assembly Health Committee)

AB 2626 (Plescia-R) Physician assistants

Eliminates the requirement that the medical record of a patient be reviewed and countersigned by a supervising physician for each drug order that has been issued by a physician assistant, and only requires the medical record to be reviewed and countersigned for the drug order of a Schedule II controlled substance.

Chapter 452, Statutes of 2004

AB 2654 (Matthews-D) Osteopaths

Deletes obsolete references to the Osteopathic Act in provisions relating to suspension or revocation of a physician's and surgeon's certificate.

(Died at Senate Desk)

AB 2660 (Leno-D) Prescriptions: issuance by a pharmacist

Amends existing law to reinstate pharmacists' authority to register with the U.S. Drug Enforcement Agency and therefore initiate or adjust controlled substance drug therapy under specified conditions.

Chapter 191, Statutes of 2004

AB 2682 (Negrete McLeod-D) Pharmacy: out-of-state wholesalers

Revises current state licensing and regulation of out-of-state manufacturers and wholesalers of dangerous drugs and devices to enact new provisions to include all out-of-state wholesalers and make them subject to the same requirements as in-state wholesalers.

Chapter 887, Statutes of 2004

AB 2703 (Runner-R) Practice of medicine: consent for elective surgery

Requires a physician and surgeon to make certain disclosures to a patient prior to performing elective surgery. Requires a physician and surgeon to obtain verbal and written informed consent from the patient for elective surgery. Makes a violation an act of unprofessional conduct.

(Died in Assembly Health Committee)

AB 2793 (Nakanishi-R) Psychiatrists: brain disease

Requires a psychiatrist to provide the primary medical treatment and diagnosis of biologic and molecular-based brain disease for a person of any age.

(Died in Assembly Business and Professions Committee)

AB 2819 (Nation-D) Professional negligence: health care

Permits expert witnesses in medical malpractice actions to testify only if they satisfy higher standards than required for other types of experts. Requires, if experts meeting the requirements of this bill cannot be found, expert testimony be allowed if the court finds after a hearing that extensive efforts were made to locate such an expert but none was willing or available to testify.

(Failed passage in Assembly Judiciary Committee)

AB 2835 (Plescia-R) Health care professionals: insurance fraud

Provides that it is a cause for revocation or suspension of a health care license or certificate for a health care professional to solicit, accept, or refer any person to a health care practitioner, or his/her agent, with the knowledge that, or with reckless disregard for whether, the individual intends to commit insurance or workers' compensation fraud.

Chapter 333, Statutes of 2004

AB 2839 (Daucher-R) Nursing schools

Requires the State Board of Registered Nursing to establish a workgroup or committee, to facilitate nursing school transfer agreements between associate degree nursing programs and baccalaureate degree nursing programs.

Chapter 271, Statutes of 2004

AB 2919 (Ridley-Thomas-D) Workers' compensation

Deletes the sunset date in existing law allowing nurse practitioners and physician assistants to complete a "Doctor's First Report of Occupational Injury" and authorizing temporary disability, if necessary, of up to three days.

Chapter 100, Statutes of 2004

AB 2999 (Lieber-D) Retail and wholesale food: beef labeling and information

Requires labeling of imported beef products sold by retailers and restaurants.

(Died on Assembly Inactive File)

AB 3023 (Matthews-D) Disciplinary actions: reporting

Requires specified health professional licensing boards under the State Department of Consumer Affairs to report to the State Department of Health Services the name and license number of any person whose license has been revoked, suspended, surrendered, made inactive, or had any other prohibition placed on the license.

Chapter 351, Statutes of 2004

AB 3030 (Assembly Agriculture Committee) State Veterinarian employees

Provides that full-time employees of the State of California, acting within the scope of their employment as veterinarians for the State Veterinarian, shall be exempt from the provisions requiring specified continuing veterinary education in order to obtain renewal of their veterinary licenses. Provides that, for the purpose of veterinarian license renewal, the State Veterinarian may set the continuing education requirements for those veterinarians under his or her authority, and in setting those continuing education requirements, the State Veterinarian may designate, at his/her sole discretion, continuing education providers, subjects, hours, and methods.

(Died in Assembly Agriculture Committee)

AB 3035 (Yee-D) Confidentiality of medical records

Prohibits a health care provider employed or operated by the University of California or any its branches from disclosing medical information, either solely or in conjunction with any other entity, to a person or entity who provides transcription of medical data. These changes are made to the state Confidentiality of Medical Information Act and the state Information Practices Act of 1977.

(Died in Assembly Appropriations Committee)

Foster Care

SB 106* (Alpert-D) Volunteers with foster children: criminal history

Establishes a new category of community care license for nonprofit organizations that recruit and provide volunteers to mentor or sponsor children in foster care.

(Died in Senate Public Safety Committee)

SB 652 (Florez-D) Foster care: criminal record disqualification: exemptions

Provides that only the Director of the State Department of Social Services, or a person designated by the director, may grant an exemption from disqualification for a license or certificate to operate or manage, or for employment, residence, or presence, in a foster family home or a certified family home. Prohibits other staff of the department from approving exemption requests subject to this provision.

(Died in Senate Health and Human Services Committee)

SB 693 (Murray-D) Undersecretary of Foster Care Coordination

Establishes, within the State Health and Human Services Agency (HHSA), the position of Undersecretary of Foster Care Coordination. Requires the Secretary of HHSA to appoint the Undersecretary and confirmation by the Senate. Directs the Undersecretary to coordinate the activities of state and local agencies that provide for the needs of children placed in foster care.

(Died in Assembly Appropriations Committee)

SB 706 (Florez-D) Foster care

Narrows the Foster Family Home and Small Family Home Insurance Fund (fund), a fund designed to defend and indemnify foster parents for injuries suffered by foster children in their care, to specifically exclude claims on behalf of group homes, homes certified by foster family agencies and legal guardians. Narrows the fund to specifically exclude losses arising out of specified improper acts committed by the foster parents or someone residing in the home, even if there is a related allegation of negligence. Limits claims for a single family arising out of an accident, including continuous or repeated exposure to conditions which result in injury neither expected nor intended by the foster parent, irrespective of the duration, to $300,000.

(Died in Assembly Rules Committee)

SB 1003 (Ashburn-R) Community care facilities: foster care

Provides that when the State Department of Social Services issues a citation for a violation of a licensing standard in a foster care setting (group home, foster family home, or foster family agency), it may not issue the citation if the licensee can demonstrate that his/her actions met a standard of reasonableness.

(Died in Senate Judiciary Committee)

SB 1094 (Murray-D) Special education: foster children

Requires a nonpublic, nonsectarian school that provides special education and related services to an individual with exceptional needs residing in a licensed children's institution or foster family home to comply with all applicable curriculum and facility requirements imposed on a public school in educating an individual with exceptional needs. Mandates the school to require its teachers to hold special education teaching credentials for the subjects they teach.

(Died in Senate Education Committee)

SB 1104* (Senate Budget And Fiscal Review Committee) Budget Act of 2004: human services

Aligns state law to federal law by requiring annual determinations of foster care eligibility and eliminates a supplemental state reimbursement for audit costs provided to some foster care providers.

Chapter 229, Statutes of 2004

SB 1108* (Senate Budget And Fiscal Review Committee) Education finance

Revises the funding formula for students who reside in licensed children's institutions who are eligible for special education in order to allocate funding based upon the number of foster youth, increase funding for eligible foster youth, remove incentives for placing students in non-public schools, and allow school districts to serve students. The formula follows the recommendations of a $1 million study funded by the 2000-01 budget. Deletes 2003-04 funding for the Foster Parent Training Program. Funds are instead appropriated to the program using another funding source.

Chapter 216, Statutes of 2004 - Item Veto

SB 1178 (Kuehl-D) Dependent children: parenting

Requires county child welfare agencies, to the greatest extent possible, to support whole family placements in foster care for dependent minor parents and their children.

Chapter 841, Statutes of 2004

SB 1293 (Alarcon-D) Foster children: education

Declares legislative intent to minimize the fragmentation of the education of pupils in foster care by reducing the time pupils in foster care wait for their transcripts to reach their new schools. Adds to the Donahoe Higher Education Act a statement of legislative intent that encourages the California Community Colleges, the California State University, and the University of California to disseminate information to foster care agencies regarding admissions requirements, access, and financial aid. Adds to a child in foster care the right, after the age of 16, to have access to information regarding the educational options available, including, but not limited to, the coursework necessary for vocational and postsecondary education programs, and information regarding financial aid for postsecondary education.

(Died in Senate Health and Human Services Committee)

SB 1316 (Alpert-D) Foster children: education

Places new requirements on nonpublic schools which provide special education to foster youth who reside in licensed children's institutions and foster family homes.

(Died on Assembly Third Reading File)

SB 1357 (Scott-D) Foster care and adoption

Makes numerous changes to current law governing independent adoptions, postadoption contact agreements, access to juvenile court case records, and rights of foster parents and relative caregivers to participate at various stages of a juvenile dependency case.

Chapter 858, Statutes of 2004

SB 1612* (Speier-D) Foster care and child welfare services: funding

Directs the State Department of Social Services to amend its state plan to allow specific federal funds to match county expenditures to subsidize child care services to foster parents.

Chapter 845, Statutes of 2004

SB 1764 (Speier-D) Immunization information systems

Authorizes health care providers administering immunizations to inform patients and guardians via the mail regarding providers' reporting patient information to the immunization registry, and of the patient's privacy and confidentiality rights, instead of the health care being required to inform the patient or client of this information.

Chapter 259, Statutes of 2004

SB 1825 (Alarcon-D) Foster Care Children's Agency

Requires the Director of the State Department of Social Services to establish the Foster Care Children's Agency, to ensure cooperation between state and local agencies in the provision of services to children in foster care. Sets forth the duties of the department, relating to serving children who have been placed in foster care multiple times, and removing financial incentives for breaking up families when children are placed in foster care.

(Died in Senate Health and Human Services Committee)

SB 1860 (Bowen-D) Community-based foster care pilot program

Establishes one community-based foster care pilot program in California, modeled on the Neighbor to Neighbor program based in Chicago, Illinois. Requires the State Department of Social Services to entertain competitive bids and choose one nonprofit organization to operate the pilot program for three years.

(Died in Assembly Appropriations Committee)

SCR 82 (Scott-D) Foster Care Month

Proclaims May 2004, as Foster Care Month, and urges all citizens to volunteer their talents and energies on behalf of children in foster care, their foster and kinship parents, and the child welfare and legal professionals working in California this month and throughout the year.

Resolution Chapter 91, Statutes of 2004

AB 1858 (Steinberg-D) Foster children: education

Places new requirements on nonpublic schools which provide special education to foster youth who reside in licensed children's institutions and foster family homes.

Chapter 914, Statutes of 2004

AB 1913 (Cohn-D) Foster care providers

Allows counties to grant a temporary exemption so that a relative who has a criminal record, as reported by the California Law Enforcement Telecommunications Check System, can provide emergency foster care to a child who is a relative, while the county awaits confirmation of a relative's criminal record via a fingerprint check.

Chapter 373, Statutes of 2004

AB 2149 (Longville-D) Group homes: foster care

Adds various responsibilities to the State Department of Social Services and to foster group homes licensed for more than six children in terms of making reports available to the county in which a group home is located and to neighbors of the group home.

Chapter 833, Statutes of 2004

AB 2645 (Mountjoy-R) Foster care: psychotropic medication

Requires the State Department of Social Services to conduct a study of the administration of psychotropic medication to children in foster care in Alameda, Madera, San Bernardino and Stanislaus counties, and requires a report to the Legislature by July 1, 2006.

(Died in Assembly Appropriations Committee)

AB 2661 (Steinberg-D) Foster care

Requires applicants for certification as a family home with a foster family agency to sign an application, with information as to prior certifications and decertifications of that family home by other foster family agencies. Requires foster family homes to contact foster family agencies by whom an applicant was previously certified and conduct a reference check. Provides that neither the State Department of Social Services (DSS), a foster family agency, nor a county shall incur civil liability for providing a county or a foster family agency with information when the communication is for the purpose of aiding in the evaluation of an applicant for certification by a foster family agency for licensure as a foster home or approval of a relative placement by a county or DSS. Authorizes DSS to issue a citation to, and levy fines against, foster family agencies that fail to report to the department, as required by regulation, regarding certification and decertification of foster family homes.

Chapter 643, Statutes of 2004

AB 2807 (Steinberg-D) Minors

Makes corrections to AB 408 (Steinberg), Chapter 813, Statutes of 2003, that were inadvertent errors made in drafting last-minute amendments. Specifically, conforms amendments that were made in some sections but not in other related sections, clarifying that certain requirements of AB 408 apply only to a child who is 10 years of age or older and has been in out-of-home placement in a group home (and not all non-relative care) for six months or longer from the date the child entered foster care. Clarifies that the mandate for a visitation order or finding of detriment applies when the juvenile court establishes a permanent plan of either a guardianship or long-term foster care.

Chapter 810, Statutes of 2004

Public Social Services

SB 215 (Alpert-D) Youth mentoring and youth development

Enacts the Youth Policy Act. Creates the California Youth Policy Council to coordinate state policy regarding youth development and prevention efforts affecting youth.

Vetoed by the Governor

SB 463 (Hollingsworth-R) In-home supportive services: criminal records

Adds misdemeanor money laundering, forgery and embezzlement to the list of offenses in a background check of an in-home supportive service provider and makes it clear that a public authority can get a background check of an in-home supportive service provider.

(Died in Senate Public Safety Committee)

SB 664 (Kuehl-D) Temporary assistance for needy families: domestic violence

Requires (1) the State Department of Social Services to allocate an unspecified percentage of the marriage promotion funds in the Temporary Assistance for Needy Families Fund (TANF) to county welfare agencies for domestic violence services, (2) an allocation to the Office of Women's Health for a public education campaign on domestic violence, and (3) implementation of federal TANF provisions concerning victims of domestic violence.

(Died in Senate Appropriations Committee)

SB 936 (Escutia-D) In-home supportive services: hospital stays

Provides that a recipient, who is eligible for personal care services under the In-Home Supportive Services program, shall be entitled to continue to receive those services after being admitted as a patient in a hospital or skilled nursing facility. Limits these services to a maximum of either 30 days or 140 hours of services, whichever is greater.

(Died in Senate Appropriations Committee)

SB 1104* (Senate Budget And Fiscal Review Committee) Budget Act of 2004: human services

The omnibus human services trailer bill which makes statutory changes necessary to implement the Budget Act of 2004 and to realize $410.4 million in General Fund savings.

Chapter 229, Statutes of 2004

A similar measure is AB 2118 (Assembly Budget Committee), which died on Assembly Third Reading File.

SB 1639 (Alarcon-D) CalWORKs recipients: education and training

Promotes education and training, including English language proficiency, for California Work Opportunity and Responsibility to Kids (CalWORKS) participants and foster youth.

Chapter 668, Statutes of 2004

SB 1717 (Hollingsworth-R) CalWORKs: Cal-Learn Program

Eliminates the requirement under the California Work Opportunity and Responsibility to Kids (CalWORKS) program that counties arrange for the provision of education services. Eliminates the requirement that the county identify the need and method for providing other necessary services besides the supportive services and case management services.

(Died in Senate Health and Human Services Committee)

SB 1845 (Perata-D) Adult day health care

Deletes the requirement that an adult day health care provider provide services only to those participants living within its service area. Clarifies that a provider serving a substantial number of participants of a particular racial or ethnic group, or participants whose primary language is not English, shall employ staff who can meet the cultural and linguistic needs of the participant population. Deletes the requirement that State Department of Health Services conduct reviews prior to approving renewal of Medi-Cal certification, vesting this function exclusively with the State Department of Aging.

Chapter 797, Statutes of 2004

AB 345 (McCarthy-R) CalWORKs: sanctions

Repeals existing procedures for imposing California Work Opportunity and Responsibility to Kids (CalWORKs) sanctions and establishes different levels of severity for noncompliance with CalWORKs activities.

(Died in Assembly Human Services Committee)

AB 380 (Chan-D) Children's system of care program

Establishes additional outcome measures for the children's system of care program and an annual schedule for reporting data to the State Department of Mental Health.

(Died on Senate Inactive File)

AB 811 (Dymally-D) In-home supportive services: direct deposit wage payments

Requires the State Controller's Office, in conjunction with the State Department of Social Services, to create a direct deposit payment system for in-home supportive services workers.

(Died in Assembly Appropriations Committee)

AB 824 (Matthews-D) In-home supportive services: wage and benefit increases

Extends the state share of cost to all wage and benefit increases negotiated by in-home supportive services employers for their employees, rather than only to those increases negotiated by nonprofit consortia and public authorities.

Vetoed by the Governor

AB 917 (Shirley Horton-R) CalWORKs: parent or relative caretaker: offenders

Denies assistance under the California Work Opportunity and Responsibility to Kids (CalWORKs) program to persons convicted of crimes involving child or spousal abuse.

(Failed passage in Assembly Human Services Committee)

AB 1365 (Steinberg-D) Child welfare services

Implements the California Child Welfare Outcomes and Accountability System. This new review process of county child welfare services programs is modeled on recent federal reviews utilizing various performance measures.

(Died in Assembly Appropriations Committee)

AB 1470 (Ridley-Thomas-D) In-home supportive services: direct deposit wage payments

Requires the State Department of Social Services and the State Controller to arrange for direct deposit with one or more financial institutions in order to allow in-home supportive services workers to choose to receive payments for services deposited directly into their personal accounts with financial institutions.

Chapter 826, Statutes of 2004

AB 1796 (Leno-D) Food stamps: eligibility

Permits persons with felony convictions involving possession or use of drugs to qualify for food stamp benefits.

Chapter 932, Statutes of 2004

AB 2026* (Hancock-D) Youth pilot program: extension

Extends the sunset of the operative duration of the youth pilot program from July 1, 2004 to January 1, 2009.

Chapter 134, Statutes of 2004

AB 2082 (Ridley-Thomas-D) In-home supportive services: public authority

Specifies requirements for selection of the governing board of the public authority for in-home supportive services in Los Angeles County.

(Died on Assembly Inactive File)

AB 2101 (Goldberg-D) Supplemental food program for women, infants, and children

Requires the State Department of Health Services to adopt regulations to change the reimbursement of vendors in the California Supplemental Food Program for Women, Infants, and Children.

(Died in Conference Committee)

AB 2145 (Ridley-Thomas-D) In-home supportive services: direct deposit wage payments

Requires the State Department of Social Services and the State Controller to arrange for direct deposit with one or more financial institutions in order to allow in-home supportive services workers to choose to receive payments for services to be deposited directly into their personal accounts with financial institutions.

Vetoed by the Governor

AB 2188 (Shirley Horton-R) CalWORKs: ineligibility

Makes individuals convicted of certain crimes ineligible for the California Work Opportunity and Responsibility to Kids (CalWORKs) program.

(Died in Assembly Appropriations Committee)

AB 2301 (Maze-R) Health care for indigents: reports

Eliminates the requirement for counties to submit quarterly and estimated annual reports under the California Health Care for Indigents Program.

Chapter 57, Statutes of 2004

AB 2324 (Chan-D) Health data reporting

Requires all state agencies and departments involved in the furnishing of information or the rendering of services to the public where demographic information is collected, to also collect data on the race, ethnicity and primary language of all participants in the programs, as provided on a voluntary basis.

(Died in Assembly Appropriations Committee)

AB 2414 (Hancock-D) Personal care services

Provides that when personal care services are provided pursuant to a contract with a nonprofit agency that is under the control of a public jurisdiction other than a county or a public authority and the contract is for the purpose of providing personal care assistance on an emergency and short-term basis, the nonprofit agency may provide the same scope of supportive and personal care services as are included in the Medi-Cal and In-Home Supportive Services programs.

(Died in Assembly Human Services Committee)

AB 2496 (Shirley Horton-R) Child Welfare Services Program Improvement Fund

Establishes the Child Welfare Services Program Improvement Fund to receive grants, gifts or bequests made to the state from private sources.

Chapter 168, Statutes of 2004

AB 2534 (Bates-R) In-home supportive services providers

Authorizes in-home supportive services (IHSS) non-profit consortia and public authorities to include criminal background checks, conducted by the State Department of Justice, in processing potential IHSS caregivers.

(Died in Assembly Appropriations Committee)

A similar measure is AB 1319 (Bates-R), which died in Assembly Appropriations Committee.

AB 2550 (Steinberg-D) Continuing care contracts

Implements recommendations of the Actuarial Study Review Panel regarding requirements for actuarial studies, operating expense reserves, and annual financial reports for continuing care providers.

Chapter 129, Statutes of 2004

AB 2667* (Haynes-R) Aid to immigrants

Defines "entry date" for purposes of eligibility for Cash Assistance Program for Immigrants to mean effective date of immigration status rather than date of physical entry, overturning a court decision invalidating a State Department of Social Services regulation.

(Failed passage in Assembly Human Services Committee)

AB 2747 (Garcia-R) Local Revenue Fund: Sales Tax Growth Account

Requires the State Department of Finance to recommend to the Legislature a means for expediting the payments to county social services realignment accounts.

Chapter 315, Statutes of 2004

AB 2749 (Dutton-R) Child abuse and neglect investigations

Establishes a new training requirement for persons who investigate child abuse or neglect and specifies that individuals who are being investigated be informed of the complaints or allegations against them.

Chapter 292, Statutes of 2004

AB 2795 (Wolk-D) Child welfare services

Extends the time allotted counties both to develop child welfare services case plans and to provide family maintenance services.

Chapter 332, Statutes of 2004

AB 2820 (Daucher-R) Adult day health care

Authorizes the State Department of Health Services to temporarily suspend the license of an adult day health care provider to protect the health and safety of the participants. Makes clarifying changes and deletes duplicative agency responsibilities regarding adult day health care centers, acting as a clean-up measure for a 2003 budget trailer bill.

Chapter 632, Statutes of 2004

AB 2947* (Pacheco-R) Youth services

Revises the sunset on and makes other changes to the Comprehensive Youth Services Act, which provides approximately $200 million in federal Temporary Assistance to Needy Families funds annually to various juvenile probation programs.

(Died in Assembly Appropriations Committee)

AB 2989 (Corbett-D) CalWORKs eligibility: work activities

Authorizes Alameda County's California Work Opportunity and Responsibility to Kids (CalWORKs) program recipients enrolled in registered nursing programs to be eligible to receive aid for a cumulative period of not more than 48 months, with specified exceptions, after the individual signs a welfare-to-work plan.

Vetoed by the Governor

AB 3056 (Vargas-D) IHSS: modes of benefits delivery

Establishes a procedure for counties to follow prior to discontinuing a mode of in-home supportive services (IHSS) service delivery.

Vetoed by the Governor

ACR 184 (Chan-D) Joint Committee on California's Children

Establishes the Joint Committee on California's Children, with a specified membership, to develop strategies to coordinate planning and policy development for state-administered children's and youth programs.

(Died in the Assembly; not referred to a policy committee from the printer)

ACR 246 (Maze-R) Secondhand smoke awareness

Urges the State Department of Health Services (DHS) to place a priority on including, as a component of its media awareness campaign regarding smoking, specific ads that address the health risks to children as a result of exposure to secondhand smoke in vehicles, and requests that DHS report its plan in this regard to the Legislature.

(Died in Assembly Health Committee)

HR 56 (Maze-R) Relative to secondhand smoke in vehicles

Urges the State Department of Health Services (DHS) to place a priority on including as a component of the DHS's media awareness campaign regarding smoking, specific ads that address the health risks to children as a result of exposure to secondhand smoke in vehicles and requests DHS to inform the Assembly of its plan to incorporate these ads into its media campaign.

(Died in Assembly)

HR 58 (Chan-D) Relative to Children's Vision and Learning Month

Recognizes August 2004 as Children's Vision and Learning Month.

Read and adopted

Other Public Health and Safety Legislation

SB 38 (Denham-R) Organ and tissue donation: incarcerated persons

Requires the forms provided by the State Department of Motor Vehicles to drivers license applicants for purposes of allowing licensees to identify themselves as organ and tissue donors to include a provision allowing the donor to indicate whether they want to prohibit donation of their organs and tissues to incarcerated persons.

(Failed passage in Senate Appropriations Committee)

A similar measure is AB 289 (Plescia-R), which died in Assembly Health Committee.

SB 96 (Alpert-D) Public water systems: fluoridation

Strengthens the requirement that public water systems with at least 10,000 service connections must meet for the fluoridation of public water.

Chapter 727, Statutes of 2004

SB 108 (Romero-D) Emergency medical services: alcohol: fee

Enacts the Alcohol-Related Emergency Services Reimbursement Act of 2003, which requires the State Board of Equalization to collect a $0.05 per drink fee from specified wholesalers. Establishes the Alcohol-Related Emergency Services Reimbursement Trust Fund, administered by the State Department of Health Services, to allocate reimbursement to specified local emergency medical services providers that incur expenses in providing services for alcohol-related emergencies.

(Died in Senate Rules Committee)

SB 126 (Chesbro-D) Rural Health Care Equity Program: reimbursements

Extends the operation of the Rural Health Care Equity Program to January 1, 2008 and reaffirms the cap on program payments to Medicare participants to $75 per month.

(Died in Assembly Appropriations Committee)

SB 133 (Battin-R) Human cloning

Prohibits human reproductive cloning and therapeutic cloning. Establishes criminal penalties for violations of up to $1 million for corporations, firms, clinics, hospitals, laboratories, or research facilities and $250,000 for individuals.

(Died in Senate Health and Human Services Committee)

SB 142 (Alpert-D) Genetic testing

Provides the State Department of Health Services one additional month (from July 1, 2005 to August 1, 2005) before being required to expand newborn screening through a competitive bid process.

Chapter 687, Statutes of 2004

SB 260 (Romero-D) Health care

Creates the California Prison Inmate Health Service Reform Act and authorizes the State Department of Corrections to enter into joint powers agreements with one or more health care districts in order to establish regional inmate health service joint powers agencies. Establishes the purposes for which inmate health service joint powers authorities may be utilized.

Chapter 310, Statutes of 2004

SB 351 (Ducheny-D) Emergency services: firefighting: federal funds

Provides that, upon appropriation in the annual Budget Act, the Director of the State Department of Finance may transfer moneys in the Federal Trust Fund to the State Office of Emergency Services, if moneys are made available, for the purpose of providing financial assistance to volunteer fire departments in rural areas providing emergency services in this state.

(Died in Senate Appropriations Committee)

SB 431* (Ortiz-D) Bioterrorism preparedness

Appropriates $2.3 million of federal funds to the State Department of Health Services for the purpose of implementing bioterrorism preparedness activities by state and local jurisdictions and hospitals.

Chapter 462, Statutes of 2004

SB 473 (Florez-D) Public schools: State School Health Advisory Council

Requires the Superintendent of Public Instruction to appoint a State School Health Advisory Council to make recommendations regarding model health services programs and practices by January 1, 2005. Requires the council to collaborate with the State Department of Education and the State Department of Health Services to develop school health services and school nursing services criteria. Appropriates $144,000 from the General Fund to the superintendent for the costs of the advisory council.

(Died in Senate Education Committee)

SB 475 (Florez-D) Public freshwater bathing areas

Directs the State Department of Health Services to establish standards for the water at freshwater bathing areas, assigns responsibility to local health officers for the testing and monitoring of water standards, and requires public notice during those years that appropriations are insufficient for testing and monitoring.

(Died in Senate Appropriations Committee)

SB 635 (Dunn-D) Emergency medical services

Changes the law governing emergency medical services by eliminating the limitation against making a payment for services provided beyond a 48-hour period of continuous services to the patient.

Chapter 524, Statutes of 2004

SB 678* (Ortiz-D) Bioterrorism preparedness: federal funding

Appropriates $85,468,835 in federal funds to the State Department of Health Services for implementing bioterrorism and smallpox preparedness measures by the state and local jurisdictions.

Chapter 35, Statutes of 2004

SB 750* (Machado-D) Safe drinking water: water quality: flood protection

Proposes a bond to be presented to the voters in 2004 that authorizes $5 billion in various expenditures related to improving water quality and reliability.

(Died in Senate Appropriations Committee)

SB 767* (Florez-D) Health care safety net

Enacts the California Health Care Safety Net Act of 2003, to set a minimum level of funding for specified health care programs, and prohibits these programs from being included in any transfer of responsibility and funding from state government to local governments. Also requires a hospital, as a condition of receiving funds allocated for emergency departments from public sources, to have a written memorandum of understanding or other formal agreement between the hospital and nonprofit community health centers to require emergency departments to establish a process whereby an emergency department would refer nonemergency care patients to nonprofit health centers for preventive primary care services and nonprofit community health centers would refer inpatient care cases to hospitals.

(Died in Senate Health and Human Services Committee)

SB 773 (Murray-D) Food labeling and safety

Permits the sale of Korean rice rolls that have been at room temperature for no more than six hours. Requires a food establishment that sells Korean rice rolls to, after six hours, destroy the rice rolls in a manner approved by the local enforcement agency. Amends both the Sherman Food, Drug, and Cosmetic Act and the California Uniform Retail Food Facilities Law to require all manufacturers of Korean rice rolls to place labels on the packaging of the rice rolls that indicate the time and date of manufacture.

(In Senate Health and Human Services Committee)

SB 779 (Speier-D) Dietary supplements: manufacturers and distributors

Requires manufacturers and distributors of dietary supplements to forward copies to the State Department of Health Services of all adverse event reports.

(Died on Assembly Third Reading File)

SB 797 (Machado-D) Health: osteoporosis screening

Requires the State Department of Health Services to establish a program to provide osteoporosis screening services to uninsured individuals.

(Died in Senate Appropriations Committee)

SB 858 (Ortiz-D) Public health

States legislative intent to enact legislation to establish the State Department of Public Health, and to realign certain responsibilities between the State Department of Public Health and the State Department of Health Services by transferring responsibility for the administration of specified programs to the State Department of Public Health.

(Died in Assembly Appropriations Committee)

SB 995 (Aanestad-R) Pain management

Requires a district attorney, city attorney, or other prosecuting agency to notify and consult with the Medical Board of California regarding any allegations of unprofessional conduct or criminal violation by a physician and surgeon practicing in pain management before taking any action that would require a physician to cease providing pain management services. Requires the board to investigate and report back to the district attorney, city attorney, or other prosecuting agency.

(Died in Senate Business and Professions Committee)

SB 1083 (Ortiz-D) Health officer orders: enforcement

Makes an order of a local health officer enforceable immediately by certain state or local peace officers.

(Died in Senate Public Safety Committee)

SB 1103* (Senate Budget And Fiscal Review Committee) Budget Act of 2004: health

The omnibus health trailer bill for the Budget Act of 2004 containing necessary changes to implement the Budget Act of 2004.

Chapter 228, Statutes of 2004

SB 1104* (Senate Budget And Fiscal Review Committee) Budget Act of 2004: human services

The omnibus human services trailer bill which makes statutory changes necessary to implement the Budget Act of 2004 and to realize $410.4 million in General Fund savings.

Chapter 229, Statutes of 2004

SB 1132* (Brulte-R) Water management projects

Requires the State Department of Water Resources (DWR) to deem certain water management projects that are operational on or before November 5, 2002, to be part of an adopted regional water management plan, and also requires DWR to give preference to projects designed to restore, repair, rehabilitate, or replace water management projects damaged or destroyed as a consequence of fires or other natural disasters.

(Failed passage in Senate Environmental Quality Committee)

SB 1144 (Burton-D) Public contracts: prescription drugs

Requires that manufacturers and suppliers of single source or multisource drugs with whom the State Department of General Services (DGS) is authorized to contract shall include Canadian sources. Requires that all contracts include appropriate safeguards and oversight and regulatory requirements which shall comply with federal drug safety and efficacy standards. Requires DGS to seek appropriate federal waivers pursuant to the Medicare Prescription Drug, Improvement, and Modernization Act and to report to the Legislature on the costs and estimates associated with the purchase of prescription drugs from Canadian sources.

Vetoed by the Governor

SB 1159 (Vasconcellos-D) Hypodermic needles and syringes

Permits a pharmacist or physician to furnish hypodermic needles and syringes for human use without a prescription.

Chapter 608, Statutes of 2004

SB 1168 (Ortiz-D) Healthy Californians Biomonitoring Program

Establishes the Healthy Californians Biomonitoring Program, to be administered jointly by the Division of Environmental and Occupational Disease Control within the State Department of Health Services and the Office of Environmental Health Hazard Assessment within the California Environmental Protection Agency.

(Failed passage in Assembly Health Committee)

SB 1171 (Ortiz-D) Food establishments: nutritional information

Requires food establishments in the state that are part of a large chain to include calorie information on menu boards and in printed menus including the total number of calories, grams of saturated plus transfat, and milligrams of sodium per serving.

(Died in Senate Health and Human Services Committee)

SB 1301 (Vincent-D) Dogs and cats: spaying and neutering

Repeals the January 1, 2006, sunset date on statutory provisions requiring the spaying and neutering of dogs and cats, and repeals related provisions that would otherwise take effect on that date.

Chapter 253, Statutes of 2004

SB 1302 (Alarcon-D) Water-vending machines and retail water facilities

Requires random annual inspections of a specified percentage of water-vending machines and retail water facilities, testing of that water for a particular bacteria and chemical, and requires the State Department of Health Services to levy a fee for inspections, testing and a consumer education campaign.

(Died in Assembly Appropriations Committee)

SB 1307 (Figueroa-D) Dangerous drugs and devices: wholesalers and manufacturers

Increases licensing requirements on pharmaceutical wholesalers by establishing bonding requirements, requires all prescription drugs to have a "pedigree," as defined, that tracks the ownership of drugs from manufacturer to the ultimate ownership by the pharmacy, and gives the Board of Pharmacy stronger enforcement tools for wholesale violations.

Chapter 857, Statutes of 2004

SB 1333 (Perata-D) Prescription drug reimbursement

Allows the State Department of Health Services (DHS) to reimburse pharmacies for drugs dispensed to Medi-Cal and AIDS Drug Assistance Program beneficiaries that are purchased from a Canadian pharmacy, and establishes a new reimbursement rate for such drugs. Provides that in order for a pharmacy to be reimbursed for a drug that it has acquired from a Canadian pharmacy, the Canadian pharmacy shall meet specified requirements. Shields pharmacies that rely on the provisions of the bill from adverse actions under state law.

Vetoed by the Governor

SB 1387 (Romero-D) Sanitation and sewers: recycling facility

Prohibits a county sanitation district in a county with a population exceeding five million people from using the revenue derived from water, sanitation, storm drainage, or sewerage system services and facilities to acquire or develop land, or place improvements upon land for purposes of creating a materials recycling facility with a capacity of over 4,000 tons a day, unless the project is approved by a two-third's vote of the residents of the affected district.

(Died in Senate Local Government Committee)

SB 1413 (Brulte-R) Abandoned newborns: safe surrender: liability

Immunizes from civil damages a person who assists another in the voluntary surrender of a newborn child under the "Safe Surrender Law," provided that person is not compensated, the person believes in good faith that the person he or she is assisting is a parent or individual having lawful custody of the newborn child, and in good faith renders the assistance. The immunity would not apply to acts or omissions constituting gross negligence.

Chapter 103, Statutes of 2004

SB 1425 (Machado-D) Unsafe food

Imposes duties on slaughterers that voluntarily test cattle for bovine spongiform encephalopathy (BSE), commonly referred to as "mad cow disease." Requires that all cattle carcasses be embargoed for sale under cold storage until receipt of BSE test results, and handled appropriately, as specified, depending on the test results.

(Died in Senate Appropriations Committee)

SB 1427 (Ackerman-R) Sherman Food, Drug, and Cosmetic Law

Provides, notwithstanding existing penalties, that any person who initially introduces into commerce a drug that is counterfeit is guilty of a felony, punishable by imprisonment in the state prison, if that action results in the death of a human being. Provides that a person found guilty under the bill is subject to economic penalties, including restitution and disgorgement of the proceeds of the violation.

(Died in Senate Public Safety Committee)

SB 1433 (Romero-D) Trauma care funding

Establishes the Trauma Care Fund Advisory Board for the purpose of, but not limited to, review of allocations and expenditures from the fund, and making recommendations regarding trauma center funding to the authority, the Governor, and the Legislature.

(Died in Senate Appropriations Committee)

SB 1444 (Speier-D) Dietary supplements

Prohibits the sale of a dietary supplement containing specified components to anyone under the age of 18.

Chapter 859, Statutes of 2004

SB 1475 (Vasconcellos-D) Elder and dependent adult abuse

Requires the State Attorney General to convene the Elder and Dependent Adult Abuse Prevention and Prosecution Coordinating Council, composed of representatives of various public entities responsible for reporting, investigating, and prosecuting elder and dependent adult abuse cases. Directs the council to develop a strategic master plan to accomplish specified goals relating to elder and dependent adult abuse prevention and prosecution. Requires the council to report to the Legislature by January 1, 2006 on the master plan.

Vetoed by the Governor

SB 1493* (Vasconcellos-D) Public swimming pools

Excludes from the definition of a public swimming pool those pools that receive waters from naturally occurring geothermal sources that produce water at temperatures in excess of 130 degrees Fahrenheit and thereby removes them from specified State Department of Health Services regulations.

Vetoed by the Governor

SB 1494 (Vasconcellos-D) Medical marijuana

Amends the state program of providing voluntary identification cards to those who are allowed to possess marijuana for medical needs.

Vetoed by the Governor

SB 1520 (Burton-D) Force fed birds

Commencing July 1, 2012, prohibits a person from force feeding a bird for the purpose of enlarging the bird's liver beyond normal size, and prohibits a product from being sold in California if it is the result of force feeding of a bird.

Chapter 904, Statutes of 2004

SB 1563 (Escutia-D) Pharmacy manufacturers: price regulation

Requires drug manufacturers to offer specified types of clinics prices that do not exceed 105 per cent of the best price under federal law for prescribed drugs and prescription devices.

Vetoed by the Governor

SB 1566 (Escutia-D) Schools: food and beverage nutrition standards

Establishes nutrition standards for food served in public schools outside the federal meal program commencing with the 2005-2006 school year. Deletes provisions making the implementation of the school nutrition standards for elementary schools established by previous legislation contingent upon an appropriation of funds for providing nutrition policy development and increased meal reimbursement, and extends the existing school nutritional standards for food sold at elementary schools to middle and junior high schools and high schools.

(Failed passage on Assembly Third Reading File)

SB 1576 (Perata-D) Taxpayer contributions: children's health

Establishes the California Children's Health Foundation check-off for taxpayer contributions on the income tax return.

(Died in Senate Revenue and Taxation Committee)

SB 1589 (Denham-R) Bottled and vended water

Changes the method for measuring compliance with the standard for trihalomethanes in vended water. Compliance would be measured based on an average of samples rather than an individual sample. Also requires the State Department of Health Services to develop an inspection program for water vending machines.

(Died in Senate Health and Human Services Committee)

SB 1605 (Murray-D) Genetic information: privacy

Provides that genetic information is the personal property of the individual to whom the information pertains, and is protected by the right to privacy.

(Died in Senate Judiciary Committee)

SB 1623 (Johnson-R) Laboratories: licensing and accreditation

Eliminates the licensing and regulatory authority of the State Department of Health Services over laboratories that perform blood, urine, tissue or breath testing by or for law enforcement agencies for determining the concentration of ethyl alcohol in the blood of individuals involved in traffic accidents (forensic alcohol analysis).

Chapter 337, Statutes of 2004

SB 1644 (Romero-D) Elder death reviews

Requires a local registrar of deaths, upon the request of a member of a county elder death review team (EDRT), to make available and assist the electronic transfer of information from a certificate of death to the county EDRT in any county that has access to the statewide system, as specified.

Vetoed by the Governor

SB 1654 (McPherson-R) Public safety: communication equipment

Stipulates that any state agency that purchases public safety radio communication equipment must comply with the recommendations of the Public Safety Radio Strategic Planning Committee (PSRSPC). Adds the Governor's Office of Homeland Security to the PSRSPC, and adds the Military Department to the list that the PSRSPC must consult with.

Chapter 669, Statutes of 2004

SB 1681 (McPherson-R) Alcohol and drug programs

Adds factors relating to compliance with federal program requirements to criteria for allocating of state and federal alcohol and drug program funds to counties.

(Died in Assembly Appropriations Committee)

SB 1692 (Vasconcellos-D) Pupil health: vision appraisal

Requires school districts to provide each pupil, beginning no later than September 1, 2005, a specified notice and questionnaire regarding his/her vision at the time of school vision appraisals.

Vetoed by the Governor

SB 1764 (Speier-D) Immunization information systems

Authorizes health care providers administering immunizations to inform patients and guardians via the mail regarding providers' reporting patient information to the immunization registry, and of the patient's privacy and confidentiality rights, instead of the health care being required to inform the patient or client of this information.

Chapter 259, Statutes of 2004

SB 1765 (Sher-D) Pharmaceuticals: marketing practices

Requires pharmaceutical companies to adopt and update a Comprehensive Compliance Program (CCP) for interactions with health care professionals. Requires pharmaceutical companies to establish explicitly in its CCP an annual dollar limit on gifts, promotional materials or other items or activities, with exceptions, in accordance with existing guidelines, as specified. Requires such companies to annually declare in writing that they are in compliance with their CCPs and with the limits on gifts established by the bill.

Chapter 927, Statutes of 2004

SB 1838 (Chesbro-D) Alcohol and drug prevention and treatment programs

Makes changes relating to narcotic treatment therapy and makes other technical and conforming changes.

Chapter 862, Statutes of 2004

SB 1898 (Burton-D) Seismic safety: gas shutoff devices

Requires excess flow valves, in addition to meeting general requirements, to meet all of the following criteria: (1) shut off the gas in a building if it detects an increase in the flow of gas as compared to the flow of gas immediately prior to the earthquake; (2) shut off the gas in a building if the flow of gas in the main line exceeds its design limit; and (3) detect small leaks within 24 hours by comparing the current minimal gas flow with the original minimal gas use baseline figure stored in the gas safety valve's internal memory.

(Died in Senate Housing and Community Development Committee)

SB 1912* (Ashburn-R) Pupil health: self-administration of medication

Permits pupils to carry and self-administer inhaled asthma or auto-injectable epinephrine medication at school, as specified.

Chapter 846, Statutes of 2004

SCR 42 (Soto-D) Women In Pain Awareness Month

Recognizes the important need to raise awareness concerning gender disparity in pain assessment and treatment in the United States and declares the month of October as Women In Pain Awareness Month to coincide with Women's Health Awareness Month.

Resolution Chapter 29, Statutes of 2004

SCR 59 (Machado-D) Teen pregnancy prevention

Declares May 2004, as "Teen Pregnancy Prevention Awareness Month" to coincide with May 5, "National Day to Prevent Teen Pregnancy."

(Died on Assembly Inactive File)

SCR 73 (Battin-R) Mosquito and vector control

Declares May 3 through May 9, 2004, Mosquito and Vector Control and West Nile Virus Awareness Week.

Resolution Chapter 55, Statutes of 2004

SCR 74 (Torlakson-D) California Fitness Month

Proclaims the month of May 2004 as California Fitness Month and encourages all Californians to enrich their lives through proper diet and exercise.

Resolution Chapter 63, Statutes of 2004

SCR 79 (Scott-D) American Stroke Month

Proclaims May 2004 as American Stroke Month in California and urges all Californians to familiarize themselves with the warning signs, symptoms, and risk factors associated with strokes, so they might begin to reduce the devastating effects that strokes have on our population.

Resolution Chapter 84, Statutes of 2004

SCR 81 (Torlakson-D) Youth and workplace wellness

Continues the existence and expands the membership of the California Task Force on Youth and Workplace Wellness to perform duties to promote fitness and health in schools and workplaces. Provides that the task force is to consist of members of the Legislature and experts appointed by the Speaker of the Assembly and the Senate Committee on Rules. Provides that members of the task force are to conduct task force business on a volunteer basis, permits the task force to accept private funds and in-kind donations, requires the task force to submit a report on its work to the Legislature on or before June 30, 2006, and provides that the task force ceases to exist on July 1, 2006.

Resolution Chapter 106, Statutes of 2004

SCR 83 (Perata-D) California Aphasia Awareness Month

Declares that the Legislature recognizes June of each year as California Aphasia Awareness Month.

Resolution Chapter 102, Statutes of 2004

SCR 86 (Figueroa-D) Pain management

Proclaims the month of September 2004 as Pain Awareness Month.

Resolution Chapter 167, Statutes of 2004

SCR 92 (Figueroa-D) Statewide health care information infrastructure

Makes findings related to the costs and loss of life that result from medical treatment and diagnosis errors, nearly half of which can be attributed to the lack of patient information according to some studies. Resolves that the Legislature supports the grant application to the federal government by CommerceNet Alliance to develop a statewide pilot program to develop a statewide health care information infrastructure, to be part of a future National Healthcare Information Infrastructure.

(Died in Assembly)

SCR 93 (Torlakson-D) Bone and Joint Decade National Awareness Week

Declares the week of October 12 to 20, 2004, inclusive, as Bone and Joint Decade National Awareness Week in California, and encourages the communities and citizens of California to organize activities during that week to promote awareness about musculoskeletal conditions and to help educate our citizens about prevention strategies.

Resolution Chapter 185, Statutes of 2004

SJR 26 (Ashburn-R) National Community Health Center Initiative

Asks Congress to approve President Bush's budget request for additional funding for new and expanded community health centers.

(Held at Assembly Desk)

SJR 29 (Kuehl-D) Food marketing and advertising directed to children

Makes various findings regarding the problems of excess weight and obesity in children, and resolves that: the Legislature memorializes the Congress and President of the United States to require the Federal Trade Commission to develop nutrition standards to determine acceptable advertising to children and prohibit advertising that does not meet these standards; the Legislature memorializes the Federal Communications Commission to ensure that equal television time is given to promoting healthy foods as compared to unhealthy foods; the Legislature memorializes the Federal Centers for Disease Control and Prevention to fund research studies on the effects of advertising on children's health; and the Legislature calls on various industries to adhere to a voluntary code of standards for responsible advertising aimed at children.

Resolution Chapter 140, Statutes of 2004

SR 40 (Ortiz-D) Health Care Decisions Week

Recognizes the week of November 7 through 13, 2004 as Health Care Decisions Week in California and encourages all citizens to think and talk with loved ones about their wishes for medical care.

Adopted by the Senate

AB 10 (Firebaugh-D) Los Angeles County Health Authority

Authorizes the County of Los Angeles to establish the Los Angeles County Health Authority that would exercise prescribed powers with respect to the provision of health services in the county.

(Died in Assembly Health Committee)

AB 45 (Simitian-D) Vehicles

Prohibits the use of a wireless telephone while operating a motor vehicle, unless the telephone is designed to allow a hands-free operation.

(Died in Senate Transportation Committee)

AB 83 (Corbett-D) Bottled water

Creates a new program requiring bottled water and water vending machines to meet new licensure requirements similar to those imposed on public water systems regarding emergency notification plans, consumer confidence reports, specified labeling requirements and annual inspections. Also transfers existing provisions relating to the licensure and regulation of bottled water from the Sherman, Food, Drug, and Cosmetic Law to the Safe Drinking Water Act, and authorizes the State Department of Health Services to revise the annual license fee schedule for persons engaged in activities relating to bottled water and water vending machines to cover the costs of this legislation.

(Died on Senate Third Reading File)

AB 93* (Canciamilla-D) Water supply

Submits to the voters at the November 2, 2004 election the Safe, Clean, and Reliable Water Supply Bond Act of 2004 which would authorize, for purposes of financing a water quality, water security, and water supply infrastructure improvement program, the issuance of bonds in the amount of $7.9 billion.

(Died in Assembly Environmental Safety and Toxic Materials Committee)

AB 147 (Nation-D) Food products: alcohol notice

Requires any food facility that serves or sells over the counter directly to the consumer an unlabeled or unpackaged food that contains alcohol in excess of one-half of one percent by weight, to provide oral notice to the consumer of that fact, exempts a food facility if the facility is licensed to serve alcoholic beverages under the Alcoholic Beverage Control Act, or if the food sold or served is a confectionery, and requires the Legislative Analyst's Office to report to the Legislature on or before January 1, 2005 regarding implementation of this bill.

(Died in Assembly Appropriations Committee)

AB 178 (Oropeza-D) Women's Reproductive Health and Responsibility Act

Continuously appropriates from the General Fund to the Director of the State Department of Health Services $239,030,000 in each fiscal year, commencing on July 1, 2003 for the 2003-04 fiscal year, and on July 1st of each fiscal year thereafter, for specified health programs.

(Died in Assembly Appropriations Committee)

AB 206 (Richman-R) Emergency Health Powers Act

Establishes the Emergency Health Powers Act as follows: (1) permits the Governor to declare a state of public health emergency, (2) grants the Governor broad powers during a public health emergency, (3) confers special powers on the State Department of Health Services and local health officers during a public health emergency, including permission to seize and destroy property, to require medical examination, testing, vaccination, and treatment, to order isolations and quarantines, to collect specimens, to access protected health information, and to waive state licensure requirements for out-of-state emergency health care providers, (4) requires public health emergency planning, (5) requires disease reporting, tracking and surveillance, (6) limits liability of certain persons when acting in response to a public health emergency, and (7) compensates for the taking of property in specified cases.

(Died in Assembly Appropriations Committee)

AB 216 (Chan-D) Alcohol: fee: youth alcohol recovery and prevention

Requires the State Board of Equalization to collect a fee from any beer manufacturer, distilled spirits manufacturer, beer importer, and distilled spirits importer to fund alcohol recovery and prevention centers. Becomes operative only if no bill from the 2003-04 Regular Session that imposes or increases any surtax on alcoholic beverages is chaptered.

(Failed passage in Assembly Health Committee)

AB 267 (Mullin-D) Cloning: humans

Deletes the prohibition under existing law against cloning a human being and changes the definition of "human reproductive cloning" to include the transfer of the nucleus of a human cell from any source into a human or nonhuman egg cell which has had the nucleus removed.

(Died in Assembly Health Committee)

AB 380 (Chan-D) California Children and Families Commission: funding review

In anticipation of a soon-to-be-released report by the Bureau of State Audits on the expenditures of the California Children and Families Commission and of five county commissions, establishes an independent triennial review of state and county expenditures, a review based on both acceptable governmental accounting standards and on the strategic plan of the counties randomly selected for review.

(Died on Senate Inactive File)

AB 386 (Aghazarian-R) Drinking water: local primacy agencies

Requires the State Department of Health Services to meet and confer with representatives of the California Conference of Directors of Environmental Health or local primacy agencies, or both, for purposes of identifying and providing adequate funding to local primacy agencies, prior to passing on any new mandates or expanding any existing mandate.

(Died in Assembly Environmental Safety and Toxic Materials Committee)

AB 472* (Correa-D) Bioterrorism preparedness and other public health threats

Continuously appropriates any federal funding received by the state for bioterrorism preparedness and emergency response to the State Department of Health Services for public health preparedness and response by local health departments, beginning with the 2003-04 fiscal year in any fiscal year in which the Budget Act is not enacted by July 1 of that fiscal year.

(Died in Assembly Appropriations Committee)

AB 573 (Chu-D) Public health: traditional Asian medicine

Establishes the Traditional Asian Medicine Certification Program to be administered by the State Department of Health Services. Requires the department to establish a list, to be published annually, of traditional Asian medicines and the products used in their production, to adopt certification standards for traditional Asian medicines, to provide for testing of every traditional Asian medicine that is to be produced, sold, or imported to determine if certification is warranted and to monitor the list and labels of traditional Asian medicine and the ingredients used in the production to prevent the use of endangered species of flora and fauna.

(Died in Assembly Health Committee)

AB 691 (Daucher-R) Nursing facilities: vaccines

Requires specified nursing facilities to offer immunizations for influenza and pneumococcal disease to residents that are 65 years of age or older, under certain conditions and with specified exceptions.

Chapter 36, Statutes of 2004

AB 785 (Daucher-R) Long-term care service delivery models

Requires the board of supervisors of each county to adopt one of the following three service delivery models for long-term care: (1) the coordinated system of care, described as a network of service providers that communicate through established protocols, under the administration of a lead agency or coordinating council designated by the board of supervisors; (2) the integrated service delivery system, to streamline and consolidate the delivery of long-term care services under the administration of a single service agency designated by the board of supervisors; and (3) the capitated service delivery system, to integrate the financing and administration of long-term care and medical care services under the administration of a single service agency designated by the board of supervisors.

(Died in Assembly Aging and Long-Term Care Committee)

AB 992 (Ridley-Thomas-D) Ammunition: Firearm Victims' Reimbursement Fund

Imposes a 10-cent fee on every munition sold at a retail facility, requires the State Board of Equalization (BOE) to administer and enforce the fee, allows BOE to take up to five percent of the funds deposited for annual implementation and administrative costs and requires the BOE to transfer the fee proceeds to the State Treasurer for deposit into the Victim's Reimbursement Fund, which is created by this bill to compensate persons injured by guns who suffer uncompensated losses.

(Died on Assembly Inactive File)

AB 1110* (Harman-R) Water security

Appropriates $10 million of the proceeds of bonds issued under the Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002 (Proposition 50) to the State Department of Health Services to be spent for public drinking water system security projects.

(Died in Assembly Appropriations Committee)

AB 1113* (Garcia-R) Supplemental Firefighting Services Fund

Establishes, in each county treasury, a Supplemental Firefighting Services Fund and requires money from this fund to be allocated to local agencies for specified front line fire service activities. Also requires that, in addition to the amount levied under existing law, an additional $5 penalty be levied for every $10 or fraction thereof that is collected upon every fine, penalty, or forfeiture imposed and collected by the courts for criminal offenses, except parking offenses, for deposit into the State Supplemental Firefighting Services Fund.

(Died in Assembly Local Government Committee)

AB 1139 (Lowenthal-D) Drugs and medical devices

Mandates labeling of medical drugs or devices that contain Di (2-ethylhexyl) phthalate (DEHP). Requires distribution of a form with unlabeled drugs or devices that states the risk of DEHP to certain populations and requires various personnel to sign the form when purchasing these products.

(Died in Assembly Health Committee)

AB 1145* (Shirley Horton-R) State buildings: defibrillators

Requires the State Department of General Services (DGS) to apply for federal grant funds for the purchase of automated external defibrillators to be located within state-owned and leased buildings. Requires DGS, in consultation with the Emergency Medical Services Authority, the American Red Cross and the American Heart Association, to adopt policies and procedures consistent with existing law and regulations related to the placement and use of defibrillators.

Chapter 5, Statutes of 2004

AB 1152* (Maldonado-R) Health care: rural areas

Repeals the July 1, 2003 sunset date of the Rural Health Demonstration Project (RHDP), thereby making RHDP permanent.

(Died in Assembly Appropriations Committee)

AB 1298* (Hancock-D) Genetically Handicapped Person's Program

Exempts contracts with blood factor manufacturers for the Genetically Handicapped Person's Programs and the California Children's Services from disclosure under public records laws.

Chapter 750, Statutes of 2004

AB 1376 (Benoit-R) Vital records

Expands the category of persons authorized to receive noncomprehensive birth or death indices for purposes of law enforcement or preventing fraud to include a private investigator licensed in this state.

(Died in Assembly Health Committee)

AB 1406 (Wolk-D) Mosquito abatement: West Nile Virus

Creates, until January 1, 2007, the West Nile Virus Disease Control and Demonstration program administered by the State Department of Fish and Game to reduce mosquito production from early and late flooding of privately-owned wetlands in the Central Valley.

(Died in Assembly Appropriations Committee)

AB 1424 (Mountjoy-R) Minors: psychotropic drugs

Provides that the refusal of a parent or guardian of a child to administer or consent to the administration of any psychotropic drug to the child or to consent to any other psychological or psychiatric diagnoses or treatments for the child does not, in and of itself, constitute a basis for finding that the child comes within the definition of a dependent child, for adjudging the child to be a dependent child of the juvenile court, or for removing the child from the physical custody of the parent or guardian, as specified.

(Died in Assembly Health Committee)

AB 1437 (Koretz-D) Child development: postpartum disorders

Requires the guidelines formulated by the California Children and Families Commission to include education and awareness about postpartum mood and anxiety disorders.

(Died in Assembly Health Committee)

AB 1533 (Bermudez-D) Drug treatment furlough program

Requires the State Department of Corrections (DOC) to: (1) contract with public agencies and nonprofit organizations to provide drug treatment furlough programs for inmates convicted of nonviolent offenses, as specified, 180 days prior to release, (2) purchase, design, construct and renovate or lease facilities, and, in consultation with the State Department of Alcohol and Drug Programs, design drug and alcohol programs, as specified, (3) deny placement in a re-entry drug treatment furlough program to any inmate convicted of specified serious and violent offenses, or if the DOC determines an inmate poses an unreasonable risk to the public, and (4) review each inmate for drug treatment furlough consideration at least 120 days prior to his/her scheduled parole date.

(Died in Assembly Appropriations Committee)

AB 1534 (Firebaugh-D) Drug paraphernalia

Creates an exemption from the law relating to drug paraphernalia, personal smoking devices used to administer medical marijuana.

(Died on Assembly Inactive File)

AB 1558* (Negrete McLeod-D) Rapid Disaster response Act of 2004

Enacts the Rapid Disaster Response Act of 2004, which authorizes the Director of the State Department of Forestry and Fire Protection (CDF) to acquire, subject to appropriation by the Legislature, any type of helicopter or other aircraft or aircraft equipment that is appropriate to use in response to terrorist acts, fires, floods, earthquakes, and other disasters, as specified. Requires the director to obtain these helicopter and aircraft from the Federal Excess Property Program, and, in conjunction with the Office of Emergency Services, may only use federal funds received from the Department of Homeland Security Appropriations Act, 2004. Provides that the director of CDF may deploy these helicopters in various circumstances.

Vetoed by the Governor

A similar measure is AB 1612 (Kehoe-D), which died in Assembly Appropriations Committee.

AB 1564 (Chavez-D) Maternal and child health: nutrition

Requires the State Department of Health Services to establish procedures to govern the retail food vendor authorization application process that includes expedited application processes for vendors seeking authorization for another location or are reapplying for authorization when their vendor agreements are about to expire and other provisions to prevent unreasonable delays on the application process.

(Died in Senate Health and Human Services Committee)

AB 1577 (Lowenthal-D) Falls Surveillance Project

Requires the State Department of Health Services to establish the Falls Surveillance Project, pursuant to which the department is required to design and manage a program of emergency medical services fall event reporting and data collection, consolidate the data collected, analyze the data, and report the findings to the Legislature by December 31, 2004. Requires that the Falls Surveillance Project be implemented and completed over four years and that the department report to the Legislature by December 31, 2007, regarding the project.

(Died in Assembly Health Committee)

AB 1794 (Dutra-D) Spinal cord and traumatic brain injury programs

Extends the sunset date for the Roman Reed Spinal Cord Injury Research Act from January 1, 2006 to January 1, 2011. Extends the sunset date for the Traumatic Brain Injury pilot project program from July 1, 2007 to July 1, 2112.

Chapter 414, Statutes of 2004

AB 1881 (Berg-D) Integrated health and human services programs

Deletes the sunset of the integrated health and human services pilot program and extends the pilot to all 58 counties.

Chapter 655, Statutes of 2004

AB 1898 (Nakano-D) Commission on Emergency Medical Services

Changes the candidate source for two members on the Commission on Emergency Medical Services and adds a new member, appointed by the Governor from a list of three names submitted by the California Labor Federation.

Vetoed by the Governor

AB 1956 (Wolk-D) Diversion: developmentally disabled defendants

Broadens the application of the current statute authorizing diversion for mentally ill defendants in certain misdemeanor cases to apply to persons with a cognitive developmental disability, as specified.

Chapter 290, Statutes of 2004

AB 1957 (Frommer-D) Prescription drugs

Requires the State Department of General Services to coordinate a review of state agencies to determine potential savings if prescription drugs are purchased from Canada and to establish pilot programs. Requires the State Department of Health Services to establish a California Rx Program, including a Web site to facilitate purchasing prescription drugs at reduced prices. Requires the Web site to include price comparisons, including Canadian prices and links to Canadian pharmacies.

Vetoed by the Governor

AB 1958 (Frommer-D) Public Employees' Retirement System: pharmaceuticals

Authorizes the Board of Administration of the State Public Employees' Retirement System to establish or enter into a pharmaceutical purchasing consortium with private or public entities.

Vetoed by the Governor

AB 1959 (Chu-D) State Auditor: drugs

Requires the State Auditor to conduct an audit of the state's procurement and reimbursement practices related to the purchase of drugs for or by state agencies. Provides for additional audits if requested by specified members of the Legislature.

Chapter 938, Statutes of 2004

AB 1960 (Pavley-D) Pharmacy benefits management

Requires Pharmacy Benefits Managers (PBMs) to disclose to purchasers or prospective purchasers information pertaining to rebates, discounts and other financial information. Requires certain provisions to be included in contracts between a PBM and a purchaser. Prohibits pharmacy and therapeutics committee members, working for a PBM, from working for a pharmaceutical company or having more than a nominal financial interest in a pharmaceutical company. Requires PBMs to meet certain conditions prior to switching a patient from one drug to another.

Vetoed by the Governor

AB 1961 (Harman-R) Ocean surf area lifesaving standards

Requires any state or local government agency that provides lifeguard or marine safety protection to ensure that its standards meet the standards of the United States Lifesaving Association as of November 2003, as specified.

(Died in Senate Appropriations Committee)

AB 1963 (Salinas-D) Public health outreach

Encourages the State Department of Health Services and the Office of Multicultural Health to use promotores de salud (promotores), as defined, through existing health programs.

Vetoed by the Governor

AB 2012 (Chu-D) Cosmetics: cancer and reproductive toxicity

Requires, by January 1, 2006, the manufacturer of any cosmetic or personal care product subject to regulation by the U.S. Food and Drug Administration and manufactured, processed, or distributed in commerce in the state to notify the Office of Environmental Health Hazard Assessment of any ingredient in its product that is a chemical identified as causing cancer or reproductive toxicity.

(Died in Assembly Health Committee)

AB 2025 (Chu-D) Cosmetics: prohibited substances

Restricts the sale of cosmetics and personal care products, as defined, that contain known carcinogens or reproductive toxins.

(Died in Assembly Health Committee)

AB 2049 (Nakanishi-R) Fetal ultrasound

Requires a person or facility that offers fetal ultrasound for specified purposes to make a written disclosure prior to performing the procedure, as specified.

Chapter 78, Statutes of 2004

AB 2133 (Oropeza-D) Entertainment: emergency exits

Requires any person who owns, rents, leases, or manages a facility that charges admission to a performance of live entertainment make an announcement of the availability of emergency exits prior to the beginning of the live entertainment.

(Died in Assembly Public Safety Committee)

AB 2222 (Koretz-D) Boating safety

Makes it an infraction for boat operators to operate a motorized vessel or have the engine of a motorized vessel run idle when someone is teak surfing, platform dragging or bodysurfing behind the motorized vessel or while someone is occupying or holding onto the swim platform, swim deck, swim step, or swim ladder. Requires boats to display warning stickers about carbon monoxide, requires two state departments to educate California boaters, and urges manufacturers to invest in research and development to reduce carbon monoxide emissions.

Chapter 565, Statutes of 2004

AB 2229 (Benoit-R) Birth and death certificates: authorized copies

Adds a representative of a California medical school that is accredited by both the Association of American Medical Education and the Liaison Committee on Medical Education to the list of individuals who are authorized to receive copies of certified birth or death records.

(Died in Assembly Health Committee)

AB 2281 (Berg-D) Rural health

Requires that the secretary of the California Health and Human Services Agency establish a rural health policy council to assume the existing statutory requirements for rural health care planning and coordination.

Vetoed by the Governor

AB 2283 (Chu-D) "211" telephone number system

Creates a process for implementing the "211" system for non-emergency community information and social services referral services, and designates the Health and Human Services Agency as lead agency.

Vetoed by the Governor

AB 2293 (Wolk-D) Emergency medical services

Requires establishment of an emergency medical care committee in each county, prescribes its membership, includes review of complaints relating to the local emergency medical services plan within the jurisdiction of the committee, and requires the Commission on Emergency Medical Services to review appeals.

(Died in Assembly Health Committee)

AB 2297 (Vargas-D) Imported candy: lead contamination

Expands the Childhood Lead Poisoning Prevention Act of 1991 to require the State Department of Health Services to regulate the lead content of imported candy.

(Failed passage in Senate Health and Human Services Committee)

AB 2302 (Maze-R) Retail food facility inspection: reporting

Authorizes food facilities to participate in a program to provide sanitation training to all food handlers.

(Died in Assembly Health Committee)

AB 2324 (Chan-D) Health data reporting: ethnic and racial groups

Requires all state agencies and departments involved in the furnishing of information or the rendering of services to the public where demographic information is collected, to also collect data on the race, ethnicity and primary language of all participants in the programs, as provided on a voluntary basis.

(Died in Assembly Appropriations Committee)

AB 2389 (Koretz-D) Retail and wholesale food: beef labeling

Requires sellers of beef to label the beef as to country of origin.

(Died in Senate Appropriations Committee)

AB 2401 (Harman-R) State Fire Marshal: inspections and licensing

Until January 1, 2008, authorizes the State Fire Marshal to issue civil penalties wholly or partially in lieu of suspending the license of an individual or business that violates fireworks or portable fire extinguisher laws and reduces the frequency of required fire safety inspections of local jails and detention centers.

Chapter 424, Statutes of 2004

AB 2406 (Bermudez-D) Fire safety

Requires the State Fire Marshal, in consultation with the State Board of Fire Services and specified experts, to adopt revised regulations to require the statistical information furnished on and after July 1, 2006, to include response time and staffing level information that is compatible with the National Fire Incident Reporting system established by the Federal Emergency Management Agency and include other specified information.

Vetoed by the Governor

AB 2439 (Haynes-R) Canyon Lake Reservoir: recreational use

Exempts the Canyon Lake Reservoir within the Elsinore Valley Municipal Water District (Riverside County), until January 1, 2008, from the bodily contact prohibition in current law and specifically allows bodily contact with the water by any participant under certain conditions.

Chapter 519, Statutes of 2004

AB 2445 (Canciamilla-D) Advance health care directives

Requires the Secretary of State to issue identification cards to persons who have registered their advance health care directive information with the statewide Advance Health Care Directive Registry. Includes the costs of issuing the identification cards within the factors that determine the fee currently charged for registration. Requires hospitals to contact the Secretary of State to see if a patient has registered within 24 hours of the arrival of a patient, who is unconscious or otherwise incapable of communication in the emergency department, if the hospital finds an identification card. Requires the Secretary of State to respond to such a request by the close of business on the next business day.

Chapter 882, Statutes of 2004

AB 2475 (Wolk-D) Corrections: emergency health care

Requires the State Department of Corrections and the State Department of the Youth Authority to work with the State Department of Health Services in obtaining hospital cost information relative to providing health care to inmates.

(Died in Senate Appropriations Committee)

AB 2483 (Chan-D) Adolescent alcohol and substance abuse care

Establishes a three-year pilot in Alameda, San Francisco, Orange, and Mendocino counties to develop and provide adolescent alcohol and drug treatment.

(Died in Assembly Appropriations Committee)

AB 2513 (Levine-D) Dogs and cats: overpopulation

Creates a licensing category for the sale of dogs and cats, including various definitions and fees.

(Died on Assembly Inactive File)

AB 2528 (Lowenthal-D) Public water systems

Requires the operator of wholesale or retail public water systems to provide notice relating to contamination of any drinking water that exceeds the maximum containment level, a response level, or a notification level, including, but not limited to, notification to the Public Utilities Commission if the public water system is a regulated public utility.

Chapter 679, Statutes of 2004

AB 2533 (Salinas-D) Seismic safety

Facilitates greater compliance with seismic safety notices in buildings constructed of unreinforced masonry. Reforms the existing notice obligations and establishes specific remedies and penalties for failure to post the notice.

Chapter 659, Statutes of 2004

AB 2670 (Benoit-R) Automatic external defibrillator requirements

Seeks to encourage greater acquisition and use by public safety agencies of "safe use" life-saving devices by exempting public safety personnel from certain requirements.

(Died in Assembly Judiciary Committee)

AB 2763 (Diaz-D) Food labeling and safety

Allows temporary food facilities to keep sushi, teriyaki chicken, and manju at room temperature for up to 24 hours. Defines these foods and requires them to be labeled with the time of manufacture.

(Died in Senate Health and Human Services Committee)

AB 2769 (Richman-R) Public health administration

Establishes the State Department of Public Health for the purpose of administering of all public health programs, including, but not limited to, food, drug, radiation safety, chronic disease and injury control, communicable disease control, environmental and occupational disease control, epidemiology, laboratory science, and clinical preventive medicine.

(Died in Assembly Health Committee)

AB 2811 (Runner-R) Human remains: disposition

Adds the sole surviving competent adult sibling, or the majority of the surviving competent adult siblings, except as specifically provided, to the list of persons in and upon whom the duty of disposition of the remains of a decedent may vest and devolve. Provides that the holder of the right and duty to control the disposition of the remains relinquishes control to the next person(s) in the order of succession if, within seven days of the vesting in and devolution upon him/her of the duty, he/she fails to act or fails to delegate his/her authority to some other person or cannot be found after a reasonable inquiry. Provides that if the right and duty of disposition is held by a group of persons and they fail to agree on disposition within seven days of death, a funeral establishment or cemetery authority having possession of the remains or a relative of the decedent may petition the superior court in which the decedent resided at the time of death or in which the remains are located for an order of the court determining, as appropriate, the succession of persons among the defendants who shall have the control of disposition.

Chapter 307, Statutes of 2004

AB 2822 (Daucher-R) Chronic care

Establishes the Chronic Care Integration (CCI) program as an ongoing program. Requires each CCI program site to provide for contractual arrangements for sufficient services to meet the medical, social, and supportive needs, including the long-term care needs, of the eligible beneficiary in his or her home, community, residential facility, nursing facility, or other location. Revises the goals of the program to include, among other things, specified medical services, and to require the State Department of Health Services to coordinate the delivery of medical services, preferably through the integration of Medicare into the Medi-Cal CCI program. Requires the department to establish a CCI pilot project in San Diego County if that county elects to participate. Provides that a person who is covered for services under either the CCI program or the CCI pilot project shall not be eligible to receive in-home supportive services.

(Died in Assembly Aging and Long-Term Care Committee)

AB 2852* (Laird-D) Public safety: state mandates

Provides the programs listed below to be optional and no longer a reimbursable mandate. States that the Legislature, in recognition of the state and local interests served by these programs, encourages local agencies and officials to continue taking the actions formerly mandated by these provisions. The provisions include: (1) centralized teletype for relaying emergency service requests; (2) sudden infant death syndrome training for firefighters; (3) elder and dependent care abuse detection training for supervisory law enforcement personnel; (4) first aid and cardiopulmonary resuscitation (CPR) training standards for law enforcement; (5) providing CPR equipment to law enforcement to prevent communicable diseases; and (6) written reports in domestic violence cases.

(Died in Assembly Appropriations Committee)

AB 2943 (Pavley-D) Mercury-containing vaccines

Prohibits, beginning July 1, 2006, a person who is knowingly pregnant or who is under three years of age from being vaccinated with a mercury-containing vaccine or injected with a mercury-added vaccine that contains more than 0.5 micrograms of mercury per 0.5 milliliter dose. Provides certain exemptions to the prohibitions.

Chapter 837, Statutes of 2004

AB 2985 (McCarthy-R) Health care coverage

Suspends requirements imposed on employers pursuant to provisions under the Health Insurance Act of 2003 at any time that the State Employment Development Department determines that the overall unemployment rate in the state has been at seven percent or higher for at least three consecutive months. Provides that the suspension would remain in effect for a minimum of two years, and would be lifted with one months' advance notice if the department makes a specified determination. Provides that its provisions would become operative only if the voters, voting on the referendum on SB 2 (Chapter 673 of the Statutes of 2003), vote to approve that statute.

(Died in Assembly Health Committee)

AB 2999 (Lieber-D) Retail and wholesale food: beef labeling and information

Requires labeling of imported beef products sold by retailers and restaurants.

(Died on Assembly Inactive File)

AB 3012 (Runner-R) Stem cell research

Repeals the requirement that the State Department of Health Services develop guidelines for research involving the derivation or use of human embryonic stems cells.

(Died in Assembly Health Committee)

AB 3032 (Yee-D) Seismic safety

Revises the language related to the unreinforced masonry warning sign, clarifies that retrofit properties are exempt from the sign requirement, and authorizes local governments to permit signs on retrofit properties saying the property has been retrofit to local standards.

Chapter 308, Statutes of 2004

AB 3033 (Yee-D) Seismic safety

Prohibits a local government, until 2009, from imposing any additional conditions or regulations beyond what is required under state and federal law upon the owner of an unreinforced masonry building who applies for permits to retrofit the building to local seismic standards.

Chapter 663, Statutes of 2004

AB 3044 (Yee-D) Prenatal ultrasounds

Requires persons who perform prenatal ultrasounds to screen for congenital heart disease to substantiate that they meet specified training or experience levels. Requires a sonographer to perform ultrasound under the supervision of a licensed physician and surgeon.

Chapter 770, Statutes of 2004

AB 3053 (Kehoe-D) Emergency communications

Requires the State Fire Marshal and all local fire departments and districts to develop a statewide communications system. Authorizes the system to include regional communications systems to ensure the greatest level of communications among jurisdictions when fighting fires.

(Died in Assembly Governmental Organization Committee)

AB 3054 (Kehoe-D) Emergency communications

Requires the State Fire Marshal, all local fire departments and districts, and every city, county, and city and county to cooperatively develop a telephone system that would provide evacuation orders and instructions to residents and businesses within an area subject to a pending danger.

(Died in Assembly Governmental Organization Committee)

AB 3066 (Kehoe-D) Fire protection: staffing

Requires every public entity that has undertaken to provide fire protection service to provide sufficient personnel to staff all fire engines operated by the public entity.

(Died in Assembly Local Government Committee)

AB 3067 (Kehoe-D) Fire protection: San Diego County

Requires all local fire agencies in the County of San Diego to jointly develop and implement a plan for the coordination of services to provide the most effective fire protection services for the county, thereby imposing a state-mandated local program.

(Died in Assembly Local Government Committee)

AB 3068 (Kehoe-D) Fire protection: aerial equipment

Requires every county that includes an urban metropolitan area to have year-round aerial firefighting equipment.

(Died in Assembly Local Government Committee)

ACR 45 (Vargas-D) American Heart Month

Designates February 2003 as American Heart Month and urges all citizens to recognize the critical importance of tools and skills that will increase survival rates from cardiac arrest.

(Died in Senate Rules Committee)

ACR 102 (Garcia-R) Family Day

Recognizes and celebrates November 1, 2003 as Family Day, and encourages family traditions.

(Died in Assembly Rules Committee)

ACR 146 (Chan-D) Women's heart health

Recognizes the month of February 2004 as American Heart Month and February 6, 2004, as Wear Red for Women Day to urge all citizens to become aware of the effects of heart disease on women by wearing and displaying the color red on that day.

Resolution Chapter 11, Statutes of 2004

ACR 149 (Cohn-D) Health Cares About Domestic Violence Day

Proclaims October 6, 2004, as Health Cares About Domestic Violence Day to raise awareness about the importance of health care settings for assessing domestic violence risk, promoting safety planning, and providing information and referral as part of the routine health care that is provided.

Resolution Chapter 174, Statutes of 2004

ACR 157 (Yee-D) Blood donors

Recognizes January 2004, as California Volunteer Blood Donor Month, for the purpose of increasing the number and diversity of blood donors in California.

Resolution Chapter 5, Statutes of 2004

ACR 188 (Maze-R) Arthritis Awareness Month

Proclaims May 2004 as Arthritis Awareness Month.

Resolution Chapter 66, Statutes of 2004

ACR 190 (McCarthy-R) Stars of Life Day

Declares March 11, 2004, as "Stars of Life Day" in recognition of the emergency medical services personnel who have been nominated for performing extraordinary acts of heroism, commitment, skill, and dedication in performance of their duties.

Resolution Chapter 24, Statutes of 2004

ACR 200 (Corbett-D) California Earthquake Preparedness Month

Declares the month of April as California Earthquake Preparedness Month and urges all Californians and government agencies to engage in education, evaluation of seismic hazards, mitigation, safety activities, and exchange of information related to earthquake preparedness with other states and nations.

Resolution Chapter 48, Statutes of 2004

ACR 214 (Chan-D) Children's Fitness and Nutrition Week 2004

Proclaims the week of April 26 to April 30, 2004, to be YEAH!: Youth Eating and Acting Healthy!: Children's Fitness and Nutrition Week 2004.

Resolution Chapter 58, Statutes of 2004

ACR 223 (Cohn-D) Women's Health Month

Proclaims the month of May as Women's Health Month and encourages and promotes efforts to increase awareness about all women's health issues.

Resolution Chapter 81, Statutes of 2004

ACR 224 (Cohn-D) Family Health and Fitness Month

Proclaims the month of September 2004, as Family Health and Fitness Month, and encourages all Californians to enrich their lives through proper diet and exercise.

Resolution Chapter 176, Statutes of 2004

ACR 244 (Koretz-D) Hepatitis C awareness

Encourages the State Department of Health Services and local jurisdictions to take various actions related to Hepatitis C virus.

Resolution Chapter 129, Statutes of 2004

ACR 255 (Berg-D) Health Care Decisions Week

Recognizes the week of November 7 through 13, 2004, as Health Care Decisions Week in California and encourages all citizens to think and talk with loved ones about their wishes for medical care.

Resolution Chapter 200, Statutes of 2004

AJR 41 (Yee-D) Psychotropic drugs and youth

Commends the Congress and the President of the United States for enacting the Pediatric Research Equity Act of 2003.

Resolution Chapter 68, Statutes of 2004

AJR 43 (Mountjoy-R) Child Medication Safety Act of 2003

Encourages the Congress and President to enact House Resolution 1170 and Senate Bill 1390 relating to the Child Medication Safety Act of 2003.

(Failed passage in Assembly Health Committee)

AJR 54 (Pacheco-R) Federal medical assistance percentage

Memorializes the President and Congress to revise the formula used to calculate the federal medical assistance percentage (FMAP) to consider, in addition to a state's per capita income, the total number of persons living in poverty in that state. Makes various legislative findings regarding FMAP and the number of Californians living below the federal poverty level.

Resolution Chapter 97, Statutes of 2004

AJR 61 (Ridley-Thomas-D) Prescription drugs

Memorializes the United States Secretary of Health and Human Services to certify to Congress that implementation of provisions of the Medicare Prescription Drug, Improvement and Modernization Act, permitting the importation of prescription drugs from Canada into the United States, poses no additional risk to the public's health and safety and results in a significant reduction in the cost of prescription drugs to the American consumer.

Resolution Chapter 111, Statutes of 2004

AJR 62 (Ridley-Thomas-D) Prescription drugs

Calls upon the California delegation of the United States Senate and House of Representatives to sponsor and support legislation to repeal any Medicare provisions that prohibits the federal government from negotiating fair drug prices.

Resolution Chapter 112, Statutes of 2004

HR 51 (Richman-R) Amyotrophic Lateral Sclerosis Awareness Month

Declares May 2004 as Amyotrophic Lateral Sclerosis Awareness Month and encourages continued research to find a treatment and a cure.

Adopted by the Assembly

Index (in Bill Order)