Health


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

 

 

 

Abortion

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

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

(Died in Senate Health and Human Services Committee)

SB 1822 (Haynes-R) Partial-birth abortion: ban

  1. Prohibits a person from knowingly performing or attempting to perform a partial-birth abortion unless certain requirements in addition to the Therapeutic Abortion Act are met including the requirement that the physician and surgeon reasonably believes that the partial-birth abortion was reasonably necessary to save the life of the pregnant woman and reasonably believes that no other procedure would suffice.
  2. Provides that a woman having a partial-birth abortion performed or attempted to be performed is not guilty of violation of the prohibition.
  3. Requires that violation of the prohibition constitutes unprofessional conduct under the Medical Practice Act and requires the Medical Board of California to impose a civil penalty of not less than $10,000 and not more than $25,000 for a first offense. For a subsequent violation, the civil penalty would be not less than $50,000 and not more than $100,000; and
  4. Requires suspension of the licensee's right to practice for one year for a first violation and to revoke a licensee's right to practice permanently for a subsequent offense.
(Died in Senate Health and Human Services Committee)

A similar measure was AB 2389 (Margett-R), which failed passage in Assembly Health Committee and the motion to withdraw from that committee failed.

SB 1842 (Haynes-R) Sharon Hamptlon Act of 1998

  1. Enacts the Sharon Hamptlon Act of 1998 to establish general standards for performing abortions and the operation of abortion facilities.
  2. Requires the Division of Licensing and Certification of the State Department of Health Services (DHS) to adopt accreditation standards for an abortion facility.
  3. Authorizes DHS to create the Abortion Outpatient Setting Fund and establish a reasonable fee to cover the cost of implementing and administration.
  4. Appropriates $150,000 from the Contingent Fund of DHS to the Abortion Outpatient Setting Fund, and requires that this amount plus interest be repaid to the Contingent Fund by January 1, 2008.
  5. Provides that violation of its provisions by a physician and surgeon would constitute unprofessional conduct, and willful violation constitutes a misdemeanor.
(Died in Senate Health and Human Services Committee)

A similar measure was SB 2140 (Mountjoy-R), which failed passage in Senate Health and Human Services Committee.

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

Prohibits an abortion from being performed upon an unemancipated minor unless the physician performing the abortion has first obtained the informed written consent of the minor to the abortion and also has obtained the written consent of one of her parents or legal guardian, or has received court authorization. Authorizes the minor to file a petition with the court if one or both of the minor's parents or her legal guardian refuses to consent to the performance of an abortion, or if the minor elects not to seek the consent of one or both of her parents or her guardian. Prohibits anything in its provision from being construed to grant, secure or deny any right relating to abortion or the funding of abortion.

(Failed passage in Senate Judiciary Committee)

SR 21 (Watson-D) Roe v. Wade Day

Commemorates the day the United States government recognized a woman's right to decide to terminate her pregnancy by proclaiming the day of January 22, 1998 as Roe v. Wade Day.

(Died in Senate Health and Human Services Committee)

AB 129 (Morrow-R) Abortion: informed consent

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

(Died in Assembly Judiciary Committee)

AB 1758 (Runner-R) Abortion: anesthesia

  1. Requires confirmation of pregnancy to be made by a physician and surgeon prior to the initiation of the abortion procedure.
  2. Requires that the results of the pregnancy test be given to the patient seeking the abortion and noted in her medical records before administering the abortion.
  3. Requires a one-hour waiting period between the time the pregnancy is diagnosed, or the required information is provided to the pregnant woman.
  4. Provides that violation of these provisions constitutes unprofessional conduct by physicians and surgeons.
  5. Provides that no Medi-Cal claim is paid for an abortion procedure unless the claim is accompanied by a medical record with the signature of the physician and surgeon who performed the abortion.
(Failed passage in Assembly Health Committee)

AB 1849 (Thompson-R) Abortion funding

Prohibits, notwithstanding any provision of law, state funds from being used to perform, assist, or encourage abortions, except to the extent required by federal law.

(Died in Assembly Health Committee)

AB 2106 (Kaloogian-R) Abortion: ultrasound

Requires an ultrasound to be performed on and shown to a woman seeking an abortion within 24 hours prior to the abortion procedure.

(Failed passage in Assembly Health Committee)

AB 2542 (Thompson-R) Abortion

Requires a physician or surgeon to confirm that a woman is pregnant before performing an abortion procedure, and prohibits Medi-Cal payments for an abortion procedure unless accompanied by a medical record, signed by the physician or surgeon who performed the procedure, that the pregnancy was confirmed.

(Died in Assembly Health Committee)

ACA 38 (Leonard-R) Abortion: parental consent: minors

  1. Prohibits any abortion from being performed upon an unemancipated minor without written consent from the minor and from one of her parents or legal guardian, except in a medical emergency requiring immediate medical attention or upon court authorization.
  2. Allows an unemancipated, pregnant minor whose parents or guardians refuse to consent to the abortion to petition the juvenile court for authorization to obtain an abortion, as specified.
(Failed in Assembly Health Committee)

AIDS

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

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

(Died in Senate Appropriations Committee)

SB 705 (Rainey-R) Human immunodeficiency virus

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

Chapter 1001, Statutes of 1998

SB 844 (Burton-D) AIDS: Special license plate

Requires the State Department of Motor Vehicles to design and issue a special license plate depicting a red ribbon that recognizes the impact of AIDS on our society.

Chapter 1002, Statutes of 1998

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

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

(Died in Assembly Appropriations Committee)

SB 1110 (Leslie-R) Education

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

Chapter 403, Statutes of 1998

SB 1385 (Alpert-D) AIDS testing: exposure notification

Permits a test to be performed on any available blood or patient sample of a source patient who is unable to provide informed consent, provided certain conditions are met.

Chapter 519, Statutes of 1998

SB 1827 (Monteith-R) Prisoners: medical testing

Extends the sunset date for provisions relating to confidential medical testing of prisoners for AIDS or HIV. Authorizes the chief medical officer to test for hepatitis and/or tuberculosis on a voluntary or involuntary basis.

Chapter 843, Statutes of 1998

SB 2056 (Brulte-R) HIV exposure: first responders

Provides that, if the informed consent of the source patient cannot be obtained because the source patient is deceased, consent to perform an HIV test on any blood or patient sample of the source patient legally obtained in the course of providing health care services at the time of the exposure event shall be deemed granted.

Chapter 254, Statutes of 1998

AB 818 (Martinez-D) HIV: treatment

Requires health care service plans and Medi-Cal managed care plans to provide HIV-positive enrollees care conforming to federal Department of Health and Human Services guidelines, and to inform all enrollees of steps taken by each enrollee's plan to provide referral to HIV specialists. Also requires the State Department of Health Services to establish risk-adjusted capitated rates for managed care and primary care case management plans based upon estimated HIV related treatment costs by means of a specified methodology.

Vetoed by the Governor

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

Establishes a pilot project, until January 1, 2001, requiring every general acute care hospital in Los Angeles County to administer an HIV test to every newborn baby born in that hospital, and to keep the results of the test confidential. Requires disclosure to the baby's parents or guardian. Requires the general acute care hospital to report the number of tests with positive results to the State Department of Health Services, without revealing the identity of the babies being tested. Requires the department to report the results of the tests to the Legislature by April 1, 2001.

(Died in Assembly Health Committee)

AB 1052 (Villaraigosa-D) Medi-Cal

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

Vetoed by the Governor

AB 1137 (Ducheny-D) Medi-Cal

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

(Died in Assembly Health Committee)

AB 1663 (Migden-D) HIV test results: public health reporting

Requires, by January 1, 2000, the reporting of HIV cases using a uniform, statewide system that reports cases based on a unique code or other method that does not report the names of individuals infected with HIV. Directs the State Department of Health Services to use the data collected on the basis of the reports for epidemiological studies, to target HIV prevention activities, and to allocate resources.

Vetoed by the Governor

AB 1805 (Bowler-R) Education: AIDS prevention instruction

Requires instructors adequately trained to instruct pupils in grades seven to 12 in AIDS prevention be licensed health professionals or holders of teaching credentials.

(Died in Assembly Education Committee)

AB 1868 (Prenter-R) Sex offenses: sentence enhancements: AIDS

Increases the sentence enhancement from three to ten years for a person who commits certain qualifying sex crimes while knowing he or she is HIV positive, adds two new qualifying sex crimes, and permits court-ordered testing for the HIV virus.

(Died in Assembly Public Safety Committee)

AB 2198 (Washington-D) Children's services: placement

Extends to adoptive and pre-adoptive families a program of special services, support, and training to assist them in adopting children with special conditions such as exposure to HIV or substance abuse by the mother. Currently the program is available in five counties to support foster parents who care for these children. Appropriates $1 million from the General Fund to the State Department of Social Services for purposes of the bill.

Chapter 1014, Statutes of 1998

AB 2287 (Baldwin-R) HIV: sentencing and plea bargaining

Creates a new felony for knowingly and either intentionally or grossly negligently infecting another person with HIV through unprotected sex.

(Died in Assembly Public Safety Committee)

AB 2762 (Aroner-D) Medi-Cal: HIV infected persons

Requires the State Department of Health Services to request waivers from the federal government to provide Medi-Cal coverage for individuals who have tested positive for HIV, but who are not otherwise eligible because they are not disabled.

(Died in Senate Appropriations Committee)

Cancer

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

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

(Died in Senate Appropriations Committee)

SB 371 (Sher-D) Prostate cancer

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

(Died in Senate Appropriations Committee)

SB 687* (Hughes-D) Health

Appropriates $13.218 million for public health programs, including the Breast Cancer Early Detection Program, the Expanded Access to Primary Care Program, and the Children's Treatment Program.

Chapter 1018, Statutes of 1998 - Item Veto

SB 1060 (Vasconcellos-D) Prostate cancer

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

(Died in Assembly Appropriations Committee)

SB 2020 (Karnette-D) Health care coverage: prostate screening

Requires every individual or group health care service plan contract, except a specialized health care service plan contract, and certain policies of disability insurance, issued, amended, or renewed on or after January 1, 1999, to be deemed to provide coverage for the screening and diagnosis of prostate cancer, including, but not limited to, prostate-specific antigen testing and digital rectal examinations, when medically necessary and consistent with good professional practice.

Chapter 839, Statutes of 1998

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

Requires every health care service plan contract and every policy of disability insurance that is issued, amended, renewed, or delivered on and after January 1, 1999, that provides coverage for mastectomies and lymph node dissections, to allow the length of a hospital stay associated with these procedures to be determined by the attending physician and surgeon in consultation with the patient and consistent with sound clinical principles and processes, to cover prosthetic devices or reconstructive surgery, and to cover all complications from a mastectomy. Enacts other related provisions.

Chapter 787, Statutes of 1998

AB 34 (Wayne-D) Health care service plan benefits: breast cancer

Requires specified health care service plan contracts and certain disability insurance policies that are issued, amended or renewed on or after January 1, 1999 to provide coverage for screening, diagnosis and treatment of breast cancer, as defined. Also requires coverage for mammography screening.

Vetoed by the Governor

Similar legislation was AB 2211 (Wayne-D), which died in Assembly Insurance Committee.

AB 910 (Cardenas-D) Prostate cancer

Establishes a program under the auspices of the State Department of Health Services for prostate cancer screening of uninsured men.

Chapter 939, Statutes of 1998

AB 1636 (Ortiz-D) Cancer Research Fund: appropriation

Declares legislative intent to appropriate $25 million for the 1998-99 fiscal year to fund the Cancer Research Act.

(Died on Senate Inactive File)

AB 2374 (Cedillo-D) California Cancer Registry

Replaces the term "tumor" with the word "cancer" in existing statutes pertaining to the California Tumor (Cancer) Registry and states legislative intent to appropriate $2.3 million from the General Fund to support the registry.

Vetoed by the Governor

AB 2592 (Wayne-D) Breast cancer: treatment

Creates the Breast Cancer Treatment Program to provide breast cancer treatment to low income uninsured and underinsured women.

Vetoed by the Governor

AB 2604 (Perata-D) Health care service plans: cancer treatment

Requires every health care service plan that covers hospital, medical, or surgical expenses to review and respond to a request by a patient for a cancer treatment therapy within two weeks of the submission of the request.

(Died in Assembly Health Committee)

AB 2717 (Alquist-D) Cigarette tax increase: breast cancer and prostate cancer

Increases the tax on the distribution of cigarettes by 10 mills per cigarette or 20 per package of 20 cigarettes for distribution on and after January 1, 1999. Requires the increased revenue to be deposited in the newly created Breast Cancer and Prostate Cancer Prevention Fund. Requires the fund to be used to support breast and prostate cancer research, detection, and treatment programs, as specified.

(Died in Assembly Revenue and Taxation Committee)

ACR 112 (Bustamante-D) Breast Cancer Awareness Month

Proclaims the month of October 1998 as Breast Cancer Awareness Month.

Resolution Chapter 63, Statutes of 1998

ACR 127 (Ortiz-D) Ovarian Cancer Awareness Month

Recognizes April 1998 as Ovarian Cancer Awareness Month.

Resolution Chapter 28, Statutes of 1998

ACR 184 (Aguiar-R) Pancreatic Cancer awareness month

Declares the month of August 1998 as Pancreatic Cancer Awareness Month.

Resolution Chapter 155, Statutes of 1998

HR 53 (Leach-R) Breast cancer awareness

Recognizes the month of October 1998 as Breast Cancer Awareness Month and declares that the Members of the Assembly shall have a pink ribbon placed around the cupola of the State Capitol in recognition and support of the women, men, and families affected by this disease.

(Died in Assembly)

Medi-Cal

SB 34 (Vasconcellos-D) Medi-Cal

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

Vetoed by the Governor

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

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

(Died in Senate Appropriations Committee)

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

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

(Died in Senate Appropriations Committee)

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

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

(Died in Senate Appropriations Committee)

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

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

(Died in Senate Health and Human Services Committee)

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

Changes the date by which hospitals must submit specified data to the Office of Statewide Health Planning and Development from February 1 of each year to March 15 of each year, and change the date by which that information must be forwarded to the State Department of Health Services (DHS) from March 1 to April 1. The data is used by DHS in the application of the statutory formula by which federal Medicaid funds and funds transferred from local entities are distributed to hospitals serving a disproportionate share of low-income patients (DSH hospitals). Also clarifies that "transitional inpatient days" are included in the hospital days counted by DHS as it determines the distribution of funds to DSH hospitals.

(Died in Senate Appropriations Committee)

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

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

(Died in Senate Insurance Committee)

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

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

(Died on Assembly Inactive File)

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

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

(Died in Senate Appropriations Committee)

SB 971 (Watson-D) Medi-Cal: list of contract drugs

Requires the State Department of Health Services to temporarily add to the Medi-Cal contract list, any single-source drug for the treatment of asthma in children.

Vetoed by the Governor

SB 1030 (Polanco-D) Medi-Cal

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

(Died in Senate Appropriations Committee)

SB 1036 (Polanco-D) Medi-Cal

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

(Died in Assembly Appropriations Committee)

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

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

(Died in Assembly Appropriations Committee)

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

Makes several changes in existing law relating to federally qualified health center and rural health clinic reimbursement under Medi-Cal managed care.

Chapter 894, Statutes of 1998

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

Reduces by $140,000 the $154 million transfer of funds required of public disproportionate providers participating in the special payment program for disproportionate share Medi-Cal hospitals.

(Died in Assembly Health Committee)

SB 1393 (McPherson-R) Health facility providers: payment for services

Authorizes the State Department of Health Services to negotiate settlements with Natividad Medical Center of Monterey and to waive one-half of specified inpatient Medi-Cal reimbursement overpayments for hospital inpatient services.

Vetoed by the Governor

SB 1399 (Rainey-R) Medi-Cal

Provides, when calculating the Medi-Cal share of cost, certain income deductions to persons living at home and receiving long-term health care services. The deductions include upkeep and maintenance of the home and support of minor children, any disabled relative, or spouse.

(Died in Senate Appropriations Committee)

SB 1492 (Watson-D) Orthotics and prosthetics

Requires the State Department of Health Services (DHS) to establish a trial program under which Medi-Cal prior authorization requests are not necessary for orthotic or prosthetic services except on a sampling basis, and authorizes DHS to discontinue sampling and reinstate full prior authorization if DHS determines unnecessary utilization has resulted.

(Died on Assembly Floor)

SB 1573 (Solis-D) Disproportionate share hospitals: capital projects

A budget trailer bill to:

  1. Allow Los Angeles County to submit a revised final plan for the Los Angeles University of California Medical Center project.
  2. Provide that the project shall qualify for supplemental reimbursement if specified conditions are met. Specifically, the size of the revised project must be, at least, a 750-bed facility.
  3. Make the receipt of local assistance funding in the 1998 Budget Act ($40 million) for the construction of three comprehensive health centers contingent on meeting the requirements of this bill.
Vetoed by the Governor

Similar legislation was SB 1099 (Solis-D), which died on Assembly Inactive File.

SB 1607 (Brulte-R) Contract drug list

Permits the Director of the State Department of Health Services to make drugs available to Medi-Cal beneficiaries without prior authorization while negotiating contracts for new drugs for inclusion on the list of contract drugs.

(Died in Assembly Health Committee)

SB 1628* (Maddy-R) Regional Burn and Trauma Center: funding

Establishes a special fund (the Regional Burn and Trauma Center Fund) to be used to finance up to $50 million in capital projects at the Fresno Community Hospital. The revenue to the fund includes state General Fund appropriations and any other public or private money that is contributed. Also includes federal matching funds from the Medicaid program. Specifies that the payments from the fund are to be negotiated between the California Medical Assistance Commission and Fresno Community Hospital. This center is to serve a significant portion of Medi-Cal beneficiaries.

Chapter 314, Statutes of 1998

SB 1642 (Rosenthal-D) Health care: risk adjustment

Requires the State Department of Health Services to take steps toward integrating a risk adjustment mechanism into its health benefit programs, and states intent that the Public Employees' Retirement System take similar steps. Conditions these requirements on receipt of non-state funds.

Vetoed by the Governor

SB 1863 (Watson-D) Eligibility

Changes Medi-Cal share of cost calculations for persons receiving dialysis treatments. Exempts from income the first $2,500 per month for the first six months after returning to work, $1,500 plus 10% of the income between $1500 and $2500 in the next six months.

(Died in Senate Appropriations Committee)

SB 2015 (Wright-R) Substance abuse

Requires identification of key issues involved with adopting a federal rehabilitation option for Medi-Cal alcohol and drug services, and requires the development and testing of a comprehensive client-centered system of care.

Chapter 389, Statutes of 1998

SB 2070 (Watson-D) Claims: eligibility

Changes rules regarding recovery of assets from the estates of Medi-Cal beneficiaries to reimburse the state for the cost of Medi-Cal services.

Vetoed by the Governor

SB 2092 (Polanco-D) Plan enrollment eligibility

Directs the State Department of Health Services (DHS) to undertake an effort to allow the Medi-Cal share of cost beneficiaries the ability to enroll voluntarily in managed care plans and primary care case management plans. Prohibits the inclusion of these beneficiaries in managed care from resulting in increased costs to the state. Directs the department to pursue any federal waivers or state plan amendments required to implement the plan. Once implemented, requires DHS to inform beneficiaries of the option.

Vetoed by the Governor

SB 2093 (Watson-D) Managed care

Requires that Medi-Cal provider names, including clinic names, be listed in alphabetical order with geographic area designations so that patients can easily locate the provider of their choice.

Chapter 291, Statutes of 1998

AB 20 (Migden-D) Public social services

Takes advantage of a recently enacted federal option to allow disabled persons with income to participate in the Medi-Cal programs by paying premiums based on income. Limits eligibility to those below 250% of the federal poverty level. Premiums are set between $10 and $200 per month.

Vetoed by the Governor

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

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

(Died in Assembly Appropriations Committee)

AB 118 (Cardenas-D) Medi-Cal: benefits

Requires that the State Department of Health Services (DHS) approve or deny a treatment authorization request for terminal patients within three working days of receipt of that authorization request. Further requires that DHS's determination be communicated, via telephone or fax, within one working day of the determination.

Vetoed by the Governor

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

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

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

Requires Medi-Cal managed care health plans to comply with specified prescription drug authorization requirements, and permits a Medi-Cal beneficiary to continue to use a "single-source" drug (a drug with no generic equivalent), under specified conditions.

Chapter 975, Statutes of 1998

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

Corrects a chaptering out problem between SB 2093 (Watson-D), Chapter 291, Statutes of 1998, and AB 2729 (Alquist-D), Chapter 834, Statutes of 1998. Specifically, sets forth the order in which certain Medi-Cal managed care provider information will be presented to Medi-Cal applicants or beneficiaries, and adds clinics to an existing option in which beneficiaries are provided a choice of primary care provider or clinic, specific to Medi-Cal managed care in certain geographic areas.

Chapter 977, Statutes of 1998

AB 534 (Thomson-D) Health care

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

(Died in Conference)

AB 537 (Firestone-R) Medi-Cal

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

(Died in Assembly Appropriations Committee)

AB 561* (Scott-D) Medi-Cal and HIV: claims

Creates the Medical Providers Interim Payment Fund for the purpose of reimbursing Medi-Cal health service providers and developmentally disabled providers for care provided between July 1 and September 1 of any year when a budget has not been completed.

Chapter 993, Statutes of 1998

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

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

(Died in Senate Appropriations Committee)

AB 822 (Aroner-D) Abused and neglected children: health care

Requires the Medi-Cal local initiative in Los Angeles County to implement a pilot program to improve the provision of health care services to children who are under the supervision of the county Department of Children and Family Services and remain at home. Requires a local match of at least 30%.

Vetoed by the Governor

AB 823 (Papan-D) Managed care

Specifies the order in which certain Medi-Cal managed care provider information is provided to Medi-Cal applicants or beneficiaries, and adds clinics to an existing option in which beneficiaries are provided a choice of primary care provider or clinic, specific to Medi-Cal managed care in certain counties.

Chapter 1009, Statutes of 1998

AB 1052 (Villaraigosa-D) Medi-Cal

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

Vetoed by the Governor

AB 1137 (Ducheny-D) Medi-Cal

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

(Died in Assembly Health Committee)

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

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

(Died in Senate Health and Human Services Committee)

AB 1197 (Villaraigosa-D) Health and social services

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

AB 1247 (Washington-D) Health care service plans

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

(Died in Assembly Health Committee)

AB 1304 (Granlund-R) Health: chronic diseases

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

(Died in Senate Health and Human Services Committee)

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

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

(Failed Passage in Assembly Health Committee)

AB 1397 (Gallegos-D) Maternity benefits and services: county patients

Extends minimum obstetrical hospital stays of either 48 or 96 hours to all Medi-Cal patients and establishes penalties for denial of pain management.

Chapter 652, Statutes of 1998

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

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

(Died in Assembly Appropriations Committee)

AB 1426 (Martinez-D) Health care

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

(Died in Assembly Health Committee)

AB 1816 (Miller-R) List of contract drugs

Requires the State Department of Health Services to add to the Medi-Cal formulary any single-source drug that is approved by the Federal Drug Administration for asthma in children. The inclusion on the formulary would be for 18 months.

(Died in Senate Appropriations Committee)

AB 1849 (Thompson-R) Abortion funding

Prohibits, notwithstanding provisions in any other provision of law, state funds from being used to perform, assist, or encourage abortions, except to the extent required by federal law.

(Died in Assembly Health Committee)

AB 1873 (Baca-D) Health services: diabetes treatment

Establishes the Children's Type I diabetes working group within the State Department of Health Services Diabetes Control Program, and requires that working group to design a proposed program for the treatment of children with Type I diabetes who are eligible for Medi-Cal benefits.

Vetoed by the Governor

AB 1896 (Honda-D) Federally qualified health facilities

Provides that outpatient services under the Medi-Cal program include federally qualified health center services. Also requires the State Department of Health Services to conduct a study that evaluates the involvement of federally qualified health centers in services provided to Medi-Cal beneficiaries.

(Died in Assembly Health Committee)

AB 1949 (Baca-D) Chronic condition management

Establishes a three-year Medi-Cal pilot project to study an "integrated treatment regime" for management of chronic conditions, such as diabetes, congestive heart failure, and chronic obstructive pulmonary disease.

(Died in Assembly Appropriations Committee)

AB 2040 (Ashburn-R) Hospital reimbursement

Establishes a ten year repayment period for overpayments identified in audits of acute care hospitals with psychiatric units in Kern County and a Kern County hospital district that provided discounts for skilled nursing patients who were not Medi-Cal patients without offering the same discount to Medi-Cal patients. Interest on the unpaid balance will accrue at the pooled money investment rate.

Vetoed by the Governor

AB 2087* (Gallegos-D) Disproportionate share hospitals

Extends for two years the program of payments for hospitals that serve a disproportionate share of low-income or Medi-Cal patients.

Chapter 71, Statutes of 1998

AB 2125 (Gallegos-D) Eligibility

Increases the Medi-Cal maintenance need level by the percent increase in the US Consumer Price Index between July 1996 and January 1999. The maintenance need level is the amount of income that a medically needy recipient may retain for support after paying medical expenses.

(Died in Senate Appropriations Committee)

AB 2175 (Bowen-D) Dental services

Requires Medi-Cal to cover dental services in private residences, hospitals, and long-term care facilities without prior authorization if those services can be provided in dental offices without prior authorization.

(Died in Assembly Appropriations Committee)

AB 2346* (Sweeney-D) Nursing services: reimbursement rates

Provides rate increases for services provided by in-home nursing personnel for children receiving care under the Medi-Cal Early and Periodic Screening, Diagnosis, and Treatment Program.

(Died in Senate Appropriations Committee)

AB 2387 (Baugh-R) Reimbursement: disciplined licensees

Prohibits, with specified exceptions, Medi-Cal payment for specified surgical or invasive procedures by physicians, dentists and osteopaths on probation due to disciplinary actions. Requires the Medical Board of California, the Osteopathic Medical Board of California, the Board of Dental Examiners of California, and the State Department of Health Services to report annually to the Legislature on the number of licensees placed on probation and receiving or nor receiving Medi-Cal payments.

Chapter 892, Statutes of 1998

AB 2475* (Pringle-R) Nonemergency transportation services

Increases Medi-Cal reimbursement for non-emergency medical transportation by 10%. Also requires reimbursement rate increases to offset the cost of any new regulatory requirement.

(Died in Senate Appropriations Committee)

AB 2516 (Bustamante-D) Physician and dental services: reimbursement levels

Requires the State Department of Health Services to consider California Medi-Cal physician reimbursement rates in five comparable states, and to report related information to the Legislature.

Vetoed by the Governor

AB 2661 (Aroner-D) Eligibility

Helps to expand Medi-Cal coverage for individuals who are engaged in moving from welfare to work. Requires a simple notice of the availability of Medi-Cal for working families. Provides presumptive eligibility for children, and enrolls children under 12 for Medi-Cal for at least 12 months. Also requires the state to apply for a waiver to permit disregarding resources when considering eligibility for Medi-Cal.

(Died in Senate Appropriations Committee)

AB 2665 (Gallegos-D) Disproportionate share hospitals

Permits hospitals that participate in the Medi-Cal supplemental reimbursement program for capital expenditures to continue receiving payments even though the hospital loses its status as a provider of a disproportionate share of care to Medi-Cal and other low income patients.

(Died in Senate Appropriations Committee)

AB 2690 (Wildman-D) Managed care contracts: genetically handicapped persons

Permits Medi-Cal managed care enrollees that qualify for the Genetically Handicapped Persons' Program to disenroll voluntarily from the managed care plan.

Vetoed by the Governor

AB 2729 (Alquist-D) Managed care provider payment rates

Requires that the State Department of Health Services determine preliminary per capita payment rates for contract rates for managed care plans and provide them with preliminary contract rates and source documents at least 60 days prior to the effective date of each new rate period.

Chapter 834, Statutes of 1998

AB 2762 (Aroner-D) HIV infected persons

Requires the State Department of Health Services to request waivers from the federal government to provide Medi-Cal coverage for individuals who have tested positive for HIV, but who are not otherwise eligible because they are not disabled.

(Died in Senate Appropriations Committee)

AB 2779* (Aroner-D) Medi-Cal: Budget trailer bill

Eliminates outpatient drug free services as a benefit under the Medi-Cal program, if, as of May 15, 1999 the projected costs for the 1998-99 fiscal year for outpatient drug abuse services exceed $45 million in state General Fund monies.

Chapter 329, Statutes of 1998

AB 2780* (Gallegos-D) Medi-Cal: Budget trailer bill

Clarifies the type of telemedicine technology for which Medi-Cal reimbursement may be claimed. Establishes the 1-Month Bridge Benefit within the Medi-Cal program to allow children and families time to transition to the Healthy Families Program. Extends the period of time beneficiaries may receive Transitional Medi-Cal Benefits from one year to two years and requires State Department of Health Services (DHS) to notify prospective beneficiaries of the availability of transitional benefits. Conforms the eligibility asset limit under Medi-Cal 1931 (b) to the less restrictive asset limit in the Medi-Cal medically Needy Program. Requires DHS to study and report to the Legislature on Medi-Cal Managed Care counties that have higher than 20% enrollment default rates. Reduces by $40 million the state administrative fee in the Disproportionate Share Hospital Program. Establishes the Traditional Provider Loan Guarantee Program to assist Medi-Cal Managed Care providers in making the transition to a managed care environment.

Chapter 310, Statutes of 1998

Mental Health

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

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

(Died in Assembly Appropriations Committee)

SB 923 (Thompson-D) Traumatic brain injury project

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

(Died in Assembly Health Committee)

SB 1485 (Rosenthal-D) Mentally ill offender crime reduction grants

Provides counties with the opportunity to compete for grants aimed at reducing early releases, costs, and crime associated with mentally ill offenders. Allows the Board of Corrections to award grants to motivated counties that develop a continuum or responses, as specified. Requires counties to provide at least 25% of the funds.

Chapter 501, Statutes of 1998

SB 1811 (Hughes-D) Suicide treatment pilot program

Establishes the suicide treatment research pilot to be implemented by the University of California. Provides the pilot's goals are to (1) develop a treatment program, (2) establish an outpatient center for suicide treatment that employs different treatment approaches, and (3) develop guidebooks to replicate the project. Provides the target populations are teenagers, adults, older adults, and high risk ethnic groups. Requires the center established under the pilot to be located in an area that has a high suicide rate and where the average annual personal income is within 120% of the federal poverty level. Requires the State Department of Mental Health to provide an independent evaluation of the services and costs of the pilot. Appropriates $1,750,000.

(Died in Senate Appropriations Committee)

SB 2049 (Vasconcellos-D) Crime prevention: peace officer training

Requires law enforcement officers be trained every four years on the handling of persons with developmental disabilities and or mental illness. Requires custodial staff of private correctional facilities to receive a Peace Officer Standards and Training (POST)-certified basic training course, and makes it a condition of state contracts as of January 1, 1999.

Vetoed by the Governor

SB 2098* (Wright-R) Mental health: reporting requirements

Permits the State Department of Mental Health (DMH) to use a mental health client's name and other personal identifiers in its client database. Increases penalties from $500 to $10,000 for confidentiality violations. Requires the Director of DMH to approve the use of patient information when used for purposes not expressly stated in, but consistent with current law.

Chapter 738, Statutes of 1998

AB 302 (Runner-R) Mental health: disclosure of records: law enforcement

Provides for disclosure of whether or not an individual is a patient in a mental health facility to a law enforcement officer who personally lodges a warrant of arrest showing that the person sought is wanted for the commission of a serious or violent felony.

Chapter 148, Statutes of 1998

AB 905 (Miller-R) Civil commitments

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

(Died in Assembly Appropriations Committee)

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

Requires a health service plan contract or disability insurance policy issued, amended or renewed on or after July 1, 1999 that provides hospital, medical or surgical coverage to provide coverage for the diagnosis and medically necessary treatment of biologically based severe mental illness for persons of all ages and serious emotional disturbances of children, and provides such coverage under the same terms and conditions applied to other medical conditions. Exempts from the provision relating to a health care service plan contract, a contract between the State Department of Health Services and a health care service plan for enrolled Medi-Cal beneficiaries.

Vetoed by the Governor

AB 2031 (Cedillo-D) Noncitizens

Requires continued eligibility for individuals, principally immigrants, who would be eligible for various health programs but for the passage of the federal Personal Responsibility and Work Opportunity and Reconciliation Act of 1996. Includes Community Mental Health Services, Adult and Older Adult Mental Health System of Care Services and Children's Mental Health Services.

Vetoed by the Governor

AB 2168 (Hertzberg-D) Suicide prevention pilot program

Establishes for three years the Suicide Prevention and Treatment Act of 1998 which would provide for the establishment, by the State Department of Mental Health, of a suicide prevention and treatment pilot project. Requires the department to submit annual reports to the Legislature on the pilot project. Appropriates $3 million from the General Fund to the department for purposes of the bill.

(Died in Assembly Human Services Committee)

AB 2622* (Shelley-D) Respite care: statewide policy

Requires the Statewide Resources Consultant to report on and recommend how to support and strengthen family caregivers and family members of brain-impaired adults.

Chapter 222, Statutes of 1998

AB 2682 (Thomson-D) Mental health services

Extends authorization for pilot project Mental Health Rehabilitation Centers and postpones reporting requirements. Extends the time period from four to six years during which the State Department of Mental Health may suspend licensing requirements for new programs.

Chapter 686, Statutes of 1998

AB 2746 (Aroner-D) Mental health services

Provides clarifying language to assist mental health patients with their aftercare treatment plan.

Chapter 346, Statutes of 1998

AB 2780* (Gallegos-D) Mental health: Budget trailer bill

Establishes the California Statewide Supportive Housing Initiative Act to provide housing, and supportive and independent living arrangements for low-income individuals with mental illness or other special needs. Requires the State Department of Mental Health to develop policies and procedures to notify various members of the Legislature, local law enforcement, and designated local government officials in the event of a patient escape or walkaway from a state hospital.

Chapter 310, Statutes of 1998

ACR 151 (Thomson-D) California Mental Health Month

Proclaims May 1998 as Mental Health Month.

Resolution Chapter 68, Statutes of 1998

Developmentally Disabled

SB 1038 (Thompson-D) Developmental disabilities

Modifies provisions of the Lanterman Developmental Disabilities Services Act. Among others, requires posting of consumer rights, the use of a consistent handbook to monitor community living arrangements, establishment of self-determination pilot projects, training of hearing officers, collaboration to meet the needs of dually-diagnosed consumers, and attention to the problems of multiple prescribed medications. Reappropriates $750,000 from specified funds appropriated pursuant to the Budget Act of 1998.

Chapter 1043, Statutes of 1998

SB 1843 (Haynes-R) Regional centers: Riverside County

Requires the State Department of Developmental Services to commence a statewide study to develop criteria that would be used to determine if there is a need to divide or consolidate any regional centers. Specifies factors that should be considered in developing the criteria to include the number of consumers, the number of regional center employees, the organizational structure of the center, the geographic size of the service area, the "geopolitical nature" of the service area, projected population growth, and satisfaction with the center's delivery of services. Requires that the department apply the criteria to Inland Regional Center and report the results to specified committees in the Legislature by July 1, 1999. Appropriates $145,000 from General Fund.

(Died in Senate Appropriations Committee)

SB 2049 (Vasconcellos-D) Crime prevention: peace officer training

Requires law enforcement officers be trained every four years on the handling of persons with developmental disabilities and or mental illness. Requires custodial staff of private correctional facilities to receive a Peace Officer Standards and Training (POST)-certified basic training course, and makes it a condition of state contracts as of January 1, 1999.

Vetoed by the Governor

AB 244 (Aguiar-R) Developmentally disabled adults

Provides for an 18-month pilot project in two regional centers to allow a parent of an adult with developmental disabilities to serve as a vendor of supportive living services, whether or not the adult with developmental disabilities lives with the parent.

(Died on Senate Inactive File)

AB 1276 (Papan-D) Community-based day programs: rate reimbursement

Requires the State Department of Developmental Services to increase rates for community-based day programs for the developmentally disabled in the amount reported by the department in its required cost report. The increases are to be provided only to the extent that funds are provided in the budget act.

(Died in Senate Appropriations Committee)

AB 2031 (Cedillo-D) Noncitizens

Requires continued eligibility for individuals, principally immigrants, who would be eligible for various health programs but for the passage of the federal Personal Responsibility and Work Opportunity and Reconciliation Act of 1996 (PRWORA). Includes services for the developmentally disabled.

Vetoed by the Governor

AB 2100 (Miller-R) Developmental disabilities: placement

  1. Requires an organization that proposes a change in placement for a person with developmental disabilities to prove that the new placement is better for the person's health, safety, and physical and emotional well-being.
  2. Requires judges to consider the wishes of an individual's conservator or family during hearings to determine placement for an adult with developmental disabilities.
(Died in Assembly Human Services Committee)

AB 2183 (Aroner-D) Developmentally disabled persons: health care

Permits developmentally disabled clients who have need for continuous nursing care to be admitted to an Intermediate Care Facilities/Developmentally Disabled - Nursing. Requires the State Department of Health Services to establish a Medi-Cal rate for these facilities, allowing the department to set patient-specific rates. Specifies that the facility may receive reimbursement under the rate only if provision of continuous care at the facility will avoid transfer or placements at a higher level of service.

Vetoed by the Governor

AB 2494 (Aguiar-R) Developmentally centers: client appeals

Amends notification procedures, fair hearing processes and rules for the submission of documents and evidence into the fair hearing process. Also requires the developmental centers and regional centers to collect and submit specified information related to fair hearings and mediation of decisions regarding the provision of services to the State Department of Developmental Services (DDS). Requires DDS to compile and make available this information to the public on request.

Chapter 859, Statutes of 1998

AB 2780* (Gallegos-D) Developmental disabilities: Budget trailer bill

Allows the State Department of Developmental Disabilities (DDS) to contract with the Organization of Area Boards to provide clients rights advocacy services in regional centers. Requires DDS to review new or amended services-of-purchase policies for regional centers.

Requires DDS to be responsible for securing, providing, and coordinating training to assist consumers and their families about regional center services. Establishes a consumer advisory group to make recommendations about training subjects.

Requires, when funds are allocated for a special project proposal, the regional centers to demonstrate community support for the proposed project. Requires an evaluation of the project to be made available to the public.

Requires DDS to enter into inter-agency agreements with Organization of Area Boards to conduct life quality assessments.

Authorizes DDS to specify regional center areas of service or support that require enhancement. Requires DDS to implement a plan of correction when a regional center is on probation.

Changes the DDS report of regional center finances from quarterly to annually. Establishes minimum requirements for inclusion.

Adds new code sections related to mediation and fair hearings to developmental disabilities law related to agencies which contract with DDS for the provision of hearing officers or mediators.

Chapter 310, Statutes of 1998

Public Health and Safety

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

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

(Died in Senate Judiciary Committee)

Similar legislation was SB 539 (Johnson-R), which died on Assembly Inactive File; SB 1513 (Knight-R), which failed passage in Assembly Governmental Organization Committee; AB 297 (Vincent-D), which died in Senate Health and Human Services Committee; and AB 2191 (Granlund-R), which died in Assembly Labor and Employment Committee.

SB 274* (Watson-D) Tuberculosis control

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

(Died on Assembly Inactive File)

SB 277 (Maddy-R) Emergency medical services

Authorizes physicians in rural, stand-by emergency departments to receive reimbursement from the Emergency Medical Services Fund.

Chapter 1016, Statutes of 1998

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

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

(Died in Assembly Environmental Safety and Toxic Materials Committee)

SB 361 (Dills-D) Community care facilities

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

(Died in Assembly Human Services Committee)

SB 379 (Rosenthal-D) Health care and medical records: confidentiality

States legislative intent that additional protections be provided with respect to disclosure of a patient's confidential medical information.

(Died at Assembly Desk)

SB 411 (Peace-D) Residential care

Revises the recertification process for administrators of adult residential care facilities or residential care facilities for the elderly.

Chapter 36, Statutes of 1998

SB 460* (Kelley-R) Local health care districts

Allows a local health care district to transfer its assets, at fair market value, to any corporation. Provides if the transfer is done "in the absence of adequate consideration," (less than fair market value) transfer of district assets are limited to a non-profit corporation only. Allows a district to lease its assets to any corporation following procedures of existing law. Sunsets January 1, 2001.

Chapter 18, Statutes of 1998

SB 473 (Karnette-D) Health: county medical facilities

Requires a county to prepare a patient care plan and conduct at least three public hearings prior to closing, transferring, or downgrading services at a county medical facility. Requires a county to abide by the results of a referendum.

Vetoed by the Governor

SB 522 (Alpert-D) Unintended pregnancies

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

(Died in Assembly Appropriations Committee)

SB 535* (Vasconcellos-D) Marijuana

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

(Failed passage on Assembly Floor)

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

Requires the State Department of Health Services to establish a program for genetic screening services.

Chapter 1011, Statutes of 1998

SB 553 (Watson-D) Tobacco control

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

(Died in Senate Health and Human Services Committee)

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

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

(Died in Senate Health and Human Services Committee)

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

Establishes the Newborn and Infant Hearing Screening Intervention Program to refer and link infants and children to educational programs upon suspicion or confirmation of hearing loss.

(Died on Assembly Inactive File)

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

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

(Died in Senate Business and Professions Committee)

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

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

(Died on Assembly Inactive File)

SB 620 (Peace-D) Care facilities

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

(Died in Senate Appropriations Committee)

SB 687* (Hughes-D) Health

Appropriates $13.218 million for public health programs, including the Breast Cancer Early Detection Program, the Expanded Access to Primary Care Program, and the Children' Treatment Program.

Chapter 1018, Statutes of 1998 - Item Veto

SB 694 (Polanco-D) Hepatitis C

Establishes the Hepatitis C Education, Screening, and Treatment Act. Directs the State Department of Health Services to make available, protocols and guidelines in educating physicians, health professionals and training community service providers in detecting, diagnosing, treating and making therapeutic decisions on hepatitis C. Establishes protocols within the State Department of Corrections.

Chapter 867, Statutes of 1998

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

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

(Died in Senate Health and Human Services Committee)

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

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

(Died in Senate Environmental Quality Committee)

SB 791 (Costa-D) Adult day health centers

Provides statutory clarification of adult day health centers' transportation responsibility for clients.

Vetoed by the Governor

SB 1033 (Sher-D) Public water systems: public health goals: perchlorate

Requires the State Department of Health Services to adopt a drinking water standard for perchlorate and report to the Legislature on the extent of perchlorate contamination in public water systems.

Vetoed by the Governor

SB 1073 (Vasconcellos-D) Health facilities

Allows a long-term care health facility licensed to provide adult day health care to provide that care as a separate program, as determined by the State Department of Health Services, but not necessarily in a separate location.

Chapter 728, Statutes of 1998

SB 1084 (Watson-D) Natural Death Act

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

(Died in Senate Rules Committee)

SB 1125 (Alpert-D) Health facilities: nursing staff

Requires the State Department of Health Services to adopt regulations establishing specific staffing ratios for nurses in specified hospitals and limits the duties that may be performed by unlicensed personnel.

Vetoed by the Governor

SB 1140 (Senate Health And Human Services Committee) Medicine: pain management

Requires the state Medical Board and the Board of Registered Nursing to consider including a course on pain management in their continuing education requirements.

Chapter 791, Statutes of 1998

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

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

(Died in Senate Health and Human Services Committee)

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

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

(Died in Senate Housing and Land Use Committee)

SB 1348 (Senate Business And Professions Committee) Tobacco products: outdoor billboard

Authorizes the State Department of Health Services to assess civil penalties against any person, firm or corporation that advertises any tobacco product on any outdoor billboard within 1,000 feet of any school or public playground.

Chapter 790, Statutes of 1998

SB 1360 (Alpert-D) Human remains: disposition

Provides that any person charged with first or second degree murder or voluntary manslaughter in connection with the death of another person relinquishes the right to control the disposition of the decedent's remains.

Chapter 253, Statutes of 1998

SB 1403 (Polanco-D) Anatomical gifts

Requires consent, as specified, prior to the release and removal of a decedent's corneal material, and modifies the design of the driver's license and identification cards issued by the State Department of Motor Vehicles regarding indication of intent to provide an anatomical gift.

Chapter 887, Statutes of 1998

SB 1473 (Alpert-D) Hereditary and congenital conditions: newborn screening

Authorizes the State Department of Health Services to make grants or contracts or payments to vendors to provide treatment for genetic diseases. Also requires the fees charged under the testing program be set in line with the program's costs.

(Died in Senate Appropriations Committee)

SB 1489 (Johnson-R) Health services: production of blood and blood derivatives

Requires that all blood centers, plasma centers, transfusion services and the American Red Cross operate under the American Association of Blood Banks' standards when producing human whole blood derivatives.

Chapter 416, Statutes of 1998

SB 1498 (Karnette-D) Public cemetery districts: cremated remains

Authorizes a district to acquire, construct, improve, maintain, and repair a columbarium for the placement of cremated human remains. Authorizes a district to sell burial rights in niches of a columbarium, and requires the district to set rates for the sale of those burial rights.

Chapter 236, Statutes of 1998

SB 1541 (Knight-R) Health facilities: licenses

Allows acute psychiatric hospitals to obtain a single consolidated license according to the same criteria governing general acute care hospital consolidated licenses.

(Died in Assembly Rules Committee)

SB 1544 (Hughes-D) Hospital security guards

Requires hospital security guards to be registered as a security guard or security patrol person with the State Department of Consumer Affairs and meet additional requirements for registration with the State Department of Health Services. Creates an exemption from the education requirements for an applicant who has been employed as a security guard by a hospital or other health care provider, or an applicant previously employed as a peace officer, if certain requirements are met, including passing an examination to be developed and administered by the Director of Health Services. Requires the director to develop a continuing education program.

(Died in Senate Business and Professions Committee)

SB 1606 (Lewis-R) Pharmacy: automated drug delivery systems

Establishes procedures for the use of Automated Drug Delivery Systems in long-term care facilities.

Chapter 778, Statutes of 1998

SB 1630 (Rosenthal-D) Residential care facilities for the elderly

Requires residential care facilities for the elderly to make available to consumers their most recent inspection reports.

Chapter 306, Statutes of 1998

SB 1659 (Kopp-I) Animal euthanasia

Prohibits using carbon monoxide gas for dog or cat euthanasia as of January 1, 2000.

Chapter 751, Statutes of 1998

SB 1691 (Rainey-R) Controlled substances: retail distributors

Prohibits a retail distributor from selling in a single transaction more than four packages of a product that he/she knows contains ephedrine or that contain more than 24 grams of ephedrine.

Provides that a violation of these provisions is a misdemeanor punishable by up to six months in the county jail and/or a fine not exceeding $1,000.

Vetoed by the Governor

SB 1724* (Johannessen-R) Elderly and disabled adults: long-term care plan

Requires additional information to be included in a forthcoming Health and Welfare Agency report on community long-term care programs, and specifies a timetable be included for implementing various program "options" should the Legislature so choose.

Vetoed by the Governor

SB 1791 (McPherson-R) State Ombudsman: account

Annually appropriates $145,000 from the General Fund to support the Long-Term Care Ombudsman Program and deposits it into a special account created by the bill.

Vetoed by the Governor

SB 1800 (Johnston-D) Hereditary disorders: genetic counselors

Requires the State Department of Health Services to recommend appropriate criteria and standards for licensing genetic counselors, in consultation with a group of medical experts, and report its recommendations to the Legislature by January 1, 2000.

Chapter 897, Statutes of 1998

SB 1804 (Kelley-R) Drinking water standards

Authorizes the State Department of Health Services or the Office of Environmental Health Hazard Assessment in the California Environmental Protection Agency to review, adopt, and incorporate by reference, information prepared by any private third-party organization for the purpose of adopting a national primary drinking water standard, or maximum contaminant level goal when it establishes state maximum contaminant level or public health goal.

(Died in Senate Environmental Quality Committee)

SB 1808 (Hughes-D) Elder abuse

Requires the State Department of Aging, the State Department of Social Services, and the State Department of Health Services to jointly implement a comprehensive elder abuse prevention, protection, and education pilot program for a period of five years and report to the appropriate committees of the Legislature by January 1, 2005.

(Died in Senate Health and Human Services Committee)

SB 1809 (Hughes-D) Ombudsman programs: funding

Broadens the scope of current law regarding the intimidation of witnesses and victims, and creates a straight felony for persons who retaliate or intimidate a victim of elder or dependent adult abuse. Also allows local long-term care ombudspersons who verify elder abuse or determine the health or safety of an incapacitated resident is affected, to report the abuse to a law enforcement agency.

Authorizes ombudspersons to make such reports without a victim's consent if the victim is incapacitated, provided the provision is permissible under federal law.

(Died in Assembly Appropriations Committee)

SB 1821 (Watson-D) Tobacco use prevention: students

Requires the State Department of Education to develop a supplementary grants program to support anti-smoking activities in middle schools and junior high schools and the elementary school students in grades 7 and 8. Authorizes the transfer of $531,000 from the Health Education Account in the Cigarette and Tobacco Products Surtax Fund in the 1988 Budget Act to cover the state administrative cost of reviewing and awarding the grants.

(Died in Senate Appropriations Committee)

SB 1887 (Vasconcellos-D) Marijuana: medical use: task force

Authorizes a city, county, or city and county, to establish medical marijuana distribution programs according to specified requirements. Authorizes the city, county, or city and county to contract with a single nonprofit corporation to distribute medical marijuana.

(Died in Assembly Health Committee)

SB 1911 (Vasconcellos-D) Aging: strategic planning

Directs the Health and Welfare Agency to develop a comprehensive strategic plan to address impending changes related to California's aging population.

Vetoed by the Governor

SB 1915 (Sher-D) Retail food facilities: inspection information

Requires the State Department of Health Services to establish standardized uniform procedures for local health agencies to report information to the department regarding each food facility, its inspections, reinspections, dates of last inspection, and any periods of closure. Requires, beginning March 1, 2000, each local health agency to submit food facility inspection information to the department based on the uniform procedures.

Vetoed by the Governor

SB 1917 (Sher-D) Tobacco-related illness: evidence

Provides that in any aggregate or class action brought by a public entity or other plaintiff to recover damages or the value of benefits provided to individuals injured by a tobacco-related illness caused by the tortious conduct of a tobacco company or its successor in interest, the public entity or other plaintiff may use a statistical compilation to show the correlation between tobacco use and resulting illnesses to show proof of causation and damages.

(Died in Assembly Judiciary Committee)

SB 1920 (Karnette-D) Drugs: prescription: disposal

Requires the State Department of Health Services to prescribe guidelines to be followed for the proper and safe disposal of prescription drugs, and requires that the labels on those drugs include those guidelines.

(Died in Senate Health and Human Services Committee)

SB 1928 (Knight-R) California Tobacco Settlement Trust Fund

Directs that any funds realized as a result of the national tobacco settlement agreement be deposited in the California Tobacco Settlement Trust Fund to be returned to the public in the form of a credit against the Personal Income Tax.

(Died in Senate Health and Human Services Committee)

SB 1931 (Haynes-R) Vital statistics: birth registration

Revises the documentary evidence and affidavits that are required for registration under the delayed registration of birth provisions in current law. Revises procedures to be followed in petitioning the court for an order to establish a birth.

(Died in Senate Judiciary Committee)

SB 1958 (Mountjoy-R) Blood donation: prohibited charges

States intent to prohibit costs from being charged to a donor of blood when a blood bank collects a unit of blood or blood product whose use is designated by the donor. Provides that no reimbursement is required by this act for a specified reason.

(Failed passage in Senate Health and Human Services Committee)

SB 1969 (Watson-D) Cardiovascular disease

Establishes the Cardiovascular Disease Institute within the State Department of Health Services to set goals for the year 2010 for reducing mortality for cardiovascular disease, establish mechanisms for gathering data and monitoring progress and become a repository for the data, lend its support to local health departments or community groups in developing and implementing local efforts directed at cardiovascular disease, report annually on progress, and field a behavioral risk factor survey.

(Died in Senate Appropriations Committee)

SB 1973 (Maddy-R) Health data

Makes several changes in the program for collecting data from health facilities conducted by the Office of Statewide Health Planning and Development, including: establishing, starting in 2002, health data fees for ambulatory surgery clinics similar to those paid by hospitals, requiring a comprehensive review of data reports currently required of hospitals, requiring patient data on emergency room visits and ambulatory surgery procedures, and requiring hospitals to begin submission of reports in electronic format by January 1, 2000 and through on-line transmission by January 1, 2001. Appropriates $1,240,500.

Chapter 735, Statutes of 1998

SB 2033 (Costa-D) Disabled access to public accommodations

Prohibits local agencies from disapproving a "drive-thru facility" or imposing or modifying conditions of approval that makes a drive-thru facility infeasible, unless certain findings are met. Declares that restrictions that limit access by disabled and aged people to businesses is a critical statewide problem, and that its provisions apply to charter cities.

(Died in Senate Local Government Committee)

SB 2073 (Watson-D) Fertility drugs

Authorizes any person who has been furnished with a fertility drug to return the drug or that portion that has not expired to the pharmacist or other person who supplied the drug. Alternatively, authorizes the person to donate unused fertility drugs to any person authorized to dispense those drugs. Requires the State Department of Health Services to require any fertility drug to be packaged and labeled in a manner that will promote the safe return of the fertility drug so that, if not used by the person to whom the drug was originally prescribed, it may be used by another person. Authorizes the department to exempt a fertility drug that is so inexpensive that it is not economically feasible to comply with the requirements of this article.

(Died in Senate Health and Human Services Committee)

SB 2113 (Rainey-R) Medical use of marijuana

Recasts the purpose of the Compassionate Use Act to enable seriously ill California residents or their primary caregiver to obtain, cultivate or possess an amount of marijuana "necessary to meet their needs." Restricts recommendations for marijuana use to licensed California physicians who maintain a bona fide physician-patient relationship with the recipient. Eliminates encouragement of federal and state government to provide a plan for safe and affordable distribution of medical marijuana. Seeks a study of the medical value of marijuana. Directs that this act be submitted to the voters for approval.

(Died in Senate Health and Human Services Committee)

SB 2133 (Watson-D) Child care and development programs

Establishes a program to support "child care health advocates" to work at child care agencies that contract with the State Department of Education. Requires the advocates to assess families of children served by the agency to ensure access to a safe child care environment, health screening and follow-up, and health information. Also requires the State Department of Health Services to establish a staff position that will support county public health nurses who provide health consultation services to children in child care settings. Requires the public health nurses to provide assistance to the child care health advocates in completing family needs assessments; identifying primary care providers; assisting families to gain access to health care services; assisting in compliance with health and safety standards for child care facilities; and addressing the health needs of certain populations as identified by the child care health consultant. Expresses intent to provide funding in the annual budget act, starting with 25 percent of eligible programs to participating after June 1, 1999 and an additional 25 percent each six months.

(Died in Senate Appropriations Committee)

SB 2164 (Rosenthal-D) Pharmaceutical benefit management companies

Requires the State Department of Corporations to review certain information from pharmaceutical benefit management companies undertaking activities other than those under contract with a California HMO. This information includes (1) descriptions of formularies, (2) records of a therapeutic review committee, and (3) procedures on confidentiality. Also requires the management company to notify annually the contract beneficiaries regarding their rights to submit grievances regarding service and that the department is responsible for monitoring the services. Authorizes the department to charge a fee to cover the costs of the bill.

(Died in Senate Business and Professions Committee)

SB 2193 (Knight-R) Drinking water

Requires the Resources Agency, or any department or board within the agency, to comply with certain requirements (i.e., hold hearings, be consistent with county public health ordinances, receive written approval from county health services director and other state agencies, conduct external peer review, deposit sufficient funds to cover local costs) if the entity proposes treatment for the eradication of an aquatic nuisance species in a drinking water supply. Authorizes the entity to request, and the county to grant, a waiver from compliance with these requirements.

(Died in Senate Environmental Quality Committee)

SB 2194 (Wright-R) Residential care facilities: home health care

Authorizes patient information to be shared by residential facilities and home health agencies; expands the care settings in which home health agencies may provide incidental medical services; and clarifies criminal clearance requirements for nurse assistants and home health aides.

Chapter 831, Statutes of 1998

SB 2201 (Monteith-R) Recreational water use: Modesto Reservoir

Prohibits recreational uses in the Modesto Reservoir where there is bodily contact with water unless certain conditions are met.

Chapter 70, Statutes of 1998

SB 2208 (Sher-D) Asthma

Requires the State Department of Health Services to provide for a statewide assessment of asthma prevalence and patient utilization, to offer public and professional education, and to administer funds for up to five local innovation projects to benefit Medi-Cal patients.

Vetoed by the Governor

SB 2209 (Brulte-R) Health care service plans

Requires specified managed care organizations and insurers to disclose to each of their paneled health care providers specified information about each third-party payer with whom they contract to provide health services, and establishes penalties for noncompliance.

(Died in Senate Appropriations Committee)

SB 2212 (O'Connell-D) Anti-drug education

Requires the court to impose a penalty assessment upon any person convicted of any specified controlled substances offense, driving under the influence of any alcoholic beverage or drug, or driving while in possession of an open container of alcohol or marijuana, to be deposited in a special account in the county treasury for use by the nonprofit organization D.A.R.E. California (Drug Abuse Resistance Education) exclusively for anti-drug education programs for primary and secondary school students in the State of California.

(Died in Senate Judiciary Committee)

SB 2222 (Watson-D) Immunizations: disclosure of information

Increases access to immunization records to specified organizations by expanding the definition of health care providers authorized to disclose immunization information, and by permitting certain organizations to receive immunization information about specific people.

Chapter 566, Statutes of 1998

SCR 83 (Hughes-D) Teenage Pregnancy Prevention Month

Designates May 1998 as Teenage Pregnancy Prevention Month.

Resolution Chapter 34, Statutes of 1998

SCR 87 (Johannessen-R) Amyotrophic Lateral Sclerosis Awareness Month

Proclaims the month of May 1998 as Amyotrophic Lateral Sclerosis Month.

Resolution Chapter 53, Statutes of 1998

SCR 88 (Polanco-D) Organ and Tissue Donor Awareness Month

Proclaims the month of April 1998 as Organ and Tissue Donor Awareness Month.

Resolution Chapter 56, Statutes of 1998

SCR 103 (McPherson-R) Clean Water Day

Designates August 15, 1998, as Clean Water Day.

Resolution Chapter 120, Statutes of 1998

SCR 105 (Watson-D) Newborn hearing screening

Establishes the State Newborn Hearing Screening Intervention Task Force. Encourages the State Department of Health Services (DHS) to seek the advice of the task force with regard to approaches for a system to screen all newborns and infants for hearing loss, allow the task force to monitor implementation of the program, consult with the State Department of Education, Office of Deaf and Hard of Hearing Education, in order that DHS may provide local education agencies with information on infants suspected or confirmed with hearing loss for the purpose of making services available to the family as required by federal law, and develop a plan for presentation to the Legislature that would expand the program to effectively screen 95% of all infants born in general acute care hospitals.

Resolution Chapter 172, Statutes of 1998

SJR 14 (Kelley-R) Human cloning

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

(Died in Senate Health and Human Services Committee)

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

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

(Died in Senate Judiciary Committee)

SJR 38 (Thompson-D) Lyme disease

  1. Memorializes the federal Food and Drug Administration and the Centers for Disease Control and Prevention to take all steps possible to make a Lyme disease vaccine available to persons at high risk of catching the disease.
  2. Requests the State Department of Health Services to begin tracking Lyme disease, develop an education program to help doctors and others to better diagnose, treat and prevent contracting of the disease, and consider the creation of an advisory committee of experts from within the department, community-based experts, and support groups, to recommend to the Governor and Legislature any changes necessary to existing law to help in combating Lyme disease.
  3. Requests the State Department of Industrial Relations to begin review of current California Occupational Safety and Health Administration standards to ensure that individuals who are employed in occupations and geographical areas where exposure to the disease is apparent are offered the vaccine by their employer.
Resolution Chapter 121, Statutes of 1998

SJR 39 (Thompson-D) Health insurance for military retirees

Memorializes Congress and the President to enact legislation that recognizes the importance that the U.S. government maintain its commitment to America's military retirees by providing lifetime health care for those over the age of 65 years, enacting legislation to require opening the Federal Employees Health Benefit Program to eligible uniformed services beneficiaries, and enacting any other appropriate legislation that would address the concerns set forth in the measure.

Resolution Chapter 146, Statutes of 1998

SJR 42 (Thompson-D) Organic food

Urges President Clinton and the US Department of Agriculture to redraft regulations proposed by the department concerning organic food to reflect the recommendations of the National Organic Standards Board and ensure compatibility with the California Organic Foods Act of 1990.

Resolution Chapter 36, Statutes of 1998

SJR 44 (Monteith-R) Methyl bromide

Urges the President and Congress to reconsider a federal ban on methyl bromide scheduled to occur in 2001.

(Died in Senate Agriculture and Water Committee)

SR 28 (Solis-D) Stroke Awareness Month

Recognizes the month of May 1998 as Stroke Awareness Month in California.

Adopted by the Senate

SR 35 (O'Connell-D) Dystonia Awareness Month

Declares October 11 through October 18, 1998, as Dystonia Awareness Week.

Adopted by the Senate

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

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

Vetoed by the Governor

AB 192 (Napolitano-D) Vital records

Requires the State Department of Health Services, local registrars, and county recorders to cooperate in establishing administrative procedures to improve the security of vital records. The procedures are to include:

  1. Ensure that copies of vital records are uniform and easily recognizable.
  2. Ensure that all certified copies are on uniform, tamper-resistant security paper.
  3. Use an embossing seal as an additional security measure.

Requires the procedures to be developed by January 1, 2000 and implemented when sufficient funding is made available to the department.

(Died in Senate Appropriations Committee)

AB 194 (Thomson-D) Health care: primary care: grants in aid

Revises the formula for funding primary care clinics.

Chapter 883, Statutes of 1998

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

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

(Died in Senate Insurance Committee)

AB 278 (Escutia-D) Environmental health protection: children

  1. Requires the Air Resources Board (ARB) to adopt ambient air quality standards and toxic air contaminant standards that, to the extent information is available, take into account the unique physiology and exposure patterns of infants and children. Requires that ARB review existing ambient air quality standards to determine whether they protect the health of infants and children in accordance with ARB's existing review schedule.
  2. Requires local agencies responsible for hazardous waste enforcement to conduct at least one annual inspection of facilities that have a record of repeat, non-minor violations, and that are located within 1,000 feet of a school or day care center.
  3. Requires ARB, by January 1, 2000, to evaluate and improve air monitoring at schools and day care centers.
  4. Requires ARB to determine whether additional airborne toxic control measures are required to supplement measures already adopted, to protect infants and children.
  5. Requires the South Coast Air Quality Management District to notify day care centers, to the extent feasible upon request, as well as schools, when general air quality standards are expected to be exceeded.
Vetoed by the Governor

AB 324 (Baldwin-R) Veterans Alzheimer's Disease and related dementia

Authorizes the Veterans' Home of California, Barstow, to use up to 250 of its beds for skilled nursing care.

Chapter 976, Statutes of 1998

AB 423 (Thomson-D) Substance abuse programs: female offenders

Requires the State Department of Alcohol and Drug Programs to designate Los Angeles, Sacramento and Yolo Counties to participate in a pilot project to establish a comprehensive drug treatment program for a target population of women incarcerated in jail who have a history of substance abuse or illegal drug activity. Appropriates $105,000 from General Fund.

Vetoed by the Governor

AB 481 (Kuehl-D) Childhood lead poisoning prevention

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

(Died in Senate Judiciary Committee)

AB 548 (Aroner-D) Adolescent Family Life Program

Appropriates $4 million from the General Fund to the State Department of Health Services for the Adolescent Family Life Program in order to provide reimbursements to providers of services at a specified rate.

(Died in Senate Appropriations Committee)

AB 609 (Margett-R) Recycled water

Clarifies that any party subject to a recycled water supply agreement could request a formal mediation process. Also authorizes recycled water producers, retail water suppliers and entities responsible for groundwater replenishment to cooperate in joint technical, economic and environmental studies to determine the feasibility of providing recycled waster for groundwater replenishment.

Chapter 164, Statutes of 1998

AB 619 (Ortiz-D) Alcohol and drug programs

Recasts provisions for the implementation of drug and alcohol programs to provide for the combined implementation of the programs. Revises the duties of the State Department of Alcohol and Drug Programs with respect to those programs. Requires the Bureau of State Audits to conduct a statewide evaluation of current alcohol and drug service delivery systems.

(Died in Assembly Health Committee)

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

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

(Failed in Assembly Public Safety Committee)

AB 663 (Ortiz-D) Public Health: local

States intent to fund local public health functions at the level identified by the joint survey on staffing shortfalls related to the control and surveillance of communicable disease.

(Died in Senate Appropriations Committee)

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

Makes various changes affecting the State Department of Health Services' Genetic Disease Branch with respect to fee setting and regulatory authority.

(Died in Senate Appropriations Committee)

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

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

Chapter 194, Statutes of 1998

AB 734 (Brown-D) Tobacco: STAKE Act

Makes funding for the Stop Tobacco Access to Kids Enforcement Act (STAKE Act) permanent, upon appropriation by the Legislature.

Chapter 648, Statutes of 1998

AB 779 (Woods-R) Aging

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

(Died on Assembly Inactive File)

AB 790 (Cardenas-D) Prenatal health: information dissemination

Requires the State Department of Health Services to review the adequacy of prenatal nutrition information available to physicians providing healthcare to pregnant women and to report its findings to the Legislature by January 1, 2000.

Vetoed by the Governor

AB 812 (Scott-D) Domestic violence centers: funding

Appropriates $6 million from the General Fund to the Controller for distribution, on a per capita basis, to counties to augment funding for established domestic violence centers.

(Died in Senate Appropriations Committee)

AB 826* (Thomson-D) Property taxation: exemption: hospitals

"Freezes" applications for property tax exemptions for certain medical clinics for two years. Specifically, it places a stay on the application of the State Board of Equalization's St. Jude decision which determined that on an aggregate basis for all of its properties, St. Jude met the requirement for a clinic to come within the definition of a hospital for purposes of the welfare exemption.

(Died in Conference Committee)

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

Requires operators of family day care homes and license applicants to disclose to the State Department of Social Services any juvenile adjudication or criminal conviction for certain offenses. Provides that failure to report can result in revocation of the license.

(Died in Senate Appropriations Committee)

AB 947 (Gallegos-D) Health facilities: staff privileges: clinical psychologist

Prohibits the house staff membership rules at state-owned hospitals from discriminating on the basis of whether the staff member holds an MD, DO, DDS, DPM or a doctoral degree in psychology.

Chapter 717, Statutes of 1998

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

Requires health plans and disability health insurance providing emergency health services to provide ambulance transport services as a result of a "911" emergency call for assistance.

Chapter 979, Statutes of 1998

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

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

(Died in Assembly Health Committee)

AB 1068* (Campbell-R) Health and community care facilities: background checks

Adds two health facility categories to the list of facilities requiring criminal background checks for operators and employees as a condition of licensure; establishes rules and procedures pertaining to criminal background checks; specifies the conditions under which the State Department of Health Services would take action on a license or nurse assistant certificate; and requires a qualified mental retardation professional to complete six months of administrative training or demonstrate having six months of administrative experience in licensed health facilities, as defined, prior to becoming an intermediate care facility/developmentally disabled administrator.

Chapter 898, Statutes of 1998

AB 1087 (Aguiar-R) Nursing facilities

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

(Died in Senate Appropriations Committee)

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

  1. Requires the State Department of Health Services to promote the quality of long term care services by evaluating innovative care models, providing statewide training on facility practices, and providing facilities with technical assistance.
  2. Removes the director's option to waive penalties on "B" citations.
  3. Permits a nursing home operator to contest a "B" citation through binding arbitration.
  4. Increases, from 50% to 65%, the minimum portion of a fine that must be forwarded to the department within 15 days of the issuance of an uncontested citation.
Chapter 650, Statutes of 1998

AB 1208 (Migden-D) Bloodborne pathogen standard

Requires the California Occupational Safety and Health Standards Board to revise its bloodborne pathogen standard to include consideration of sharps prevention technology and a requirement that written exposure control plans include a procedure for identifying and selecting sharps prevention technology. Requires the California Occupational Safety and Health Standard Board to compile and maintain a list of existing needleless systems and needles with sharps injury protection.

Chapter 999, Statutes of 1998

AB 1225 (Granlund-R) Sudden Infant Death Syndrome and anatomical gifts

Eliminates an exception from the requirement that coroners conduct autopsies on infants who died suddenly and unexpectedly, and authorizes an autopsy at the discretion of a coroner when the physician certifies sudden infant death syndrome, makes changes to existing law governing anatomical gifts relating to consent for corneal removal, and requires certain organ donor information activities.

Chapter 457, Statutes of 1998

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

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

(Died in Assembly Human Services Committee)

AB 1255 (Davis-D) Continuing care contracts

Requires nonprofit continuing care retirement community providers to share specified information with residents and to include a non-voting resident representative on the governing board.

Chapter 227, Statutes of 1998

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

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

(Died in Assembly Human Services Committee)

AB 1289 (Pringle-R) Amusement rides

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

(Died in Assembly Labor and Employment Committee)

AB 1300 (Baugh-R) Inebriates: involuntary detention

Transfers specified duties of a psychiatrist with respect to evaluation of an inebriate held for involuntary 72-hour detention to the physician directly responsible for the person's treatment, or to the medical director of the facility, under certain circumstances. Also revises the standards for release of the detainee, to provide that the person shall be released when it is determined by the physician that the person no longer requires evaluation or treatment in the facility.

Died in Senate Judiciary Committee)

AB 1338 (Alquist-D) Residential care facilities for the elderly

Requires residential care facilities for the elderly to provide each resident, upon admission, with written information on advance directives.

Chapter 578, Statutes of 1998

AB 1352 (Martinez-D) Nutrition: WIC Farmers' Market Nutrition Program: funding

Appropriates $140,000 from the General Fund for the Women, Infants, and Children (WIC) Farmers' Market Nutrition Program.

(Failed passage on Assembly Floor)

AB 1430* (Figueroa-D) Healthy Families Program

Requires the State Department of Health Services, in conjunction with the Managed Risk Medical Insurance Board, to conduct an analysis of all publicly funded health care services provided to low-income children and their families that are funded entirely with state or local funds, and to identify those services that are potentially eligible for federal matching funds as part of the Healthy Families Program. Requires a report to the Legislature by the department specifying its findings on or before January 1, 1999.

(Died in Senate Appropriations Committee)

AB 1431 (Oller-R) Clinical laboratory technology

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

(Died in Assembly Health Committee)

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

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

(Died in Assembly Governmental Organization Committee)

AB 1534 (Davis-D) Medically fragile children: demonstration project

Provides a 1-year grant to a children's hospital to provide case management and other services for seriously ill children. Requires the grant to go to a hospital in a major urban center with experience in the implementation of innovative care management programs with a focus on prevention. Requires the grantee to submit a report to the State Department of Health Services that evaluates the grant program. Appropriates $100,000.

Chapter 891, Statutes of 1998

AB 1535 (Cardoza-D) Child Safety Internet Posting Act of 1998

Requires the State Department of Consumer Affairs (DCA) to post by July 1, 1999 on its Internet site a list of products and warnings on products used by children, as specified. Requires the information to be updated quarterly by DCA. Requires DCA to provide a direct link to Internet home pages of state or federal agencies providing relevant child product safety information, as specified. Additionally, requires DCA to provide the information on its Internet site to the public on a hard copy basis when requested. Sunset on January 1, 2005.

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

AB 1619 (Baca-D) Women's health

Requires the State Department of Health Services to establish a 3-year program in cities with a significantly higher cardiovascular mortality rate than the state average. Requires the program to target underserved, at-risk populations that are to include women, ethnic women, and elderly women. Requires participating cities, chosen on a competitive basis, to develop interventions that will reduce risk factors for cardiovascular disease.

(Died in Senate Appropriations Committee)

AB 1627 (Alquist-D) Residential care facilities for the elderly

Requires a residential care facility for the elderly to comply with various provisions relating to advanced directives.

(Died in Assembly Health Committee)

AB 1644 (Figueroa-D) Private information

States legislative intent to provide greater protection for the privacy rights of patients than exists in current law.

(Died in Conference Committee)

AB 1724 (Richter-R) Foster care rates

Establishes a three-year pilot to test an alternative group home reimbursement system for up to 600 group home placements for specialized populations of children as defined.

Vetoed by the Governor

AB 1733 (Machado-D) Personal income taxes: contributions: D.A.R.E.

Extends the check-off for the D.A.R.E. California (Drug Abuse Resistance Education) Fund to January 1, 2004, provided it meets a minimum contribution test annually beginning January 1, 1999. Makes an appropriation from the D.A.R.E. Fund to the State Controller for allocation to D.A.R.E. California.

Chapter 654, Statutes of 1998

AB 1742 (Ducheny-D) Office of Border Health

Establishes the Office of Border Health in the State Department of Health Services to facilitate cooperation between California and Mexican health officials and health professionals to reduce the risk of disease in the border region. Requires convening a voluntary community advisory group of representatives of border community-based stakeholders. Requires the office to prepare an annual report.

(Died in Senate Appropriations Committee)

AB 1748 (Alquist-D) Osteoporosis

Establishes the California Osteoporosis Prevention and Treatment Education Program within the State Department of Health Services for the purpose of conducting a statewide needs assessment to identify the prevalence of osteoporosis in the state, the levels of public awareness and technical assistance relating to osteoporosis, and the needs of and services available to osteoporosis patients and to collect educational materials to be made available to the public and physicians. Appropriates $250,000 from the General Fund to the State Department of Health Services for purposes of the bill.

Vetoed by the Governor

AB 1784 (Baca-D) Alcohol and drug treatment for adolescents

Provides for the establishment of community-based nonresidential and residential recovery programs to intervene and treat the problems of alcohol and drugs among youth.

Chapter 866, Statutes of 1998

AB 1791 (Miller-R) Drug treatment program

Requires the State Department of Drug and Alcohol Programs to establish a uniform dispensing fee for all drugs used in narcotic treatment and apply the rate statewide. Also requires new narcotic treatment programs, in order to be licensed, to have a strong contagious disease control plan.

Vetoed by the Governor

AB 1801 (Davis-D) Children's services

Expands and clarifies (1) services provided by integrated children's services programs and, (2) the process for information sharing within the programs.

Chapter 509, Statutes of 1998

AB 1832 (Wildman-D) Health services billing: local educational agencies

Establishes a local education agency billing option for services to Health Families Program enrolled children.

Vetoed by the Governor

AB 1908 (Thomson-D) Health care: primary care: grants in aid

With regard to the selection of certain primary care clinics to be reimbursed for delivering medical services, modifies priority selection criteria, modifies review process criteria, modifies primary care application criteria, requires the State Department of Health Services to develop a formula for the allocation and reallocation of funds, prohibits clinics that provide dental services only from being eligible for funding, increases payments for certain outpatient visits, authorizes licensed primary care clinics to assess a certain copayment for specified services, and requires the department to make certain advance payments.

(Died in Assembly Health Committee)

AB 1910 (Ashburn-R) Vaccine development: valley fever

Requires funding appropriated in the Budget Act of 1998 for the purpose of valley fever research be used to continue and expand current research being conducted by the Valley Fever Vaccine Project. Requires the establishment of an advisory group for the purpose of approving grants for research likely to advance the effort to develop a vaccine.

Chapter 709, Statutes of 1998

AB 1924 (Aroner-D) Emergency and urgent care: reports

Requires general acute care hospitals to report, beginning January 1, 2000, specified data to the State Department of Health Services regarding the emergency room capacity and services, based on common definitions developed in consultation with various representatives of hospitals and others. Also requires the department to prepare a report on hospital overcrowding and emergency room diversion for submission to the Legislature by April 1, 1999.

(Died in Senate Appropriations Committee)

AB 1931 (Murray-D) Residential care facilities for the elderly

Requires any agency that makes referrals to a residential care facility for the elderly to be certified annually by the State Department of Social Services, Division of Community Care Licensing.

Vetoed by the Governor

AB 1940 (Torlakson-D) Permanent amusement rides: safety

Provides for employee training, the reporting of injuries, and insurance relating to permanent amusement rides.

(Failed passage in Assembly Labor and Employment Committee)

AB 1942 (Papan-D) Hospitals: consolidated licenses

Allows a single hospital license for the combination of the children's hospital at Stanford and the pediatric programs at the University of California, San Francisco hospital.

Chapter 982, Statutes of 1998

AB 1978 (Campbell-R) Retail food facilities

Requires food facilities by January 1, 2000 to have an owner or employee who has successfully passed an approved and accredited food safety certification examination. Requires local health departments to notify all permitted food facilities by March 1, 1999 about this new requirement. Requires the State Department of Health Services in consultation with local environmental health directors and others to develop regulations to approve and accredit food safety certification examinations. Specifies that at least one exam shall cost no more than $60 including the certificate. Also revises sanitation requirements for temporary food facilities. Appropriates $100,000.

Chapter 720, Statutes of 1998

AB 2000 (Torlakson-D) Tobacco products: health care costs

Imposes a fee on persons currently or previously manufacturing tobacco products that have significantly contributed to tobacco-related illnesses and diseases (tobacco manufacturers).

(Died in Assembly Health Committee)

AB 2021 (Poochigian-R) Maddy Emergency Medical Services Fund

Renames the Emergency Medical Services Fund as the "Maddy Emergency Medical Services Fund."

Chapter 58, Statutes of 1998

AB 2056 (Floyd-D) Clinical laboratory tests

Provides conformity with federal lab law by revising state law to require city or county public health labs, and non-diagnostic general health assessment programs, to obtain state licensure or registration and to meet federal clinical laboratory requirements.

Chapter 768, Statutes of 1998

AB 2090 (Miller-R) Fireworks: sale

Authorizes the State Fire Marshal to license the sale of fireworks from December 26, 1999 through January 1, 2000 in order to celebrate the millennium.

Chapter 363, Statutes of 1998

AB 2103 (Gallegos-D) Emergency medical services

Requires general acute care facilities (hospitals) to notify the State Department of Health Services prior to closing or downgrading emergency services. Also requires community impact evaluation of any such pending change.

Chapter 995, Statutes of 1998

AB 2130 (Takasugi-R) Higher education: hepatitis B

Requires the governing boards of the University of the California State University, and the California Community Colleges to require immunization against Hepatitis B for all new students, who are 18 or younger, prior to their admission.

(Died in Assembly Appropriations Committee)

AB 2141 (Hertzberg-D) Long-term health care facilities

Requires the licensee of a long-term health care facility to notify the State Department of Health Services within 24 hours, of the filing and court location of a petition for bankruptcy.

Chapter 474, Statutes of 1998

AB 2198 (Washington-D) Alcohol or drug-exposed and HIV positive children

Extends to adoptive and pre-adoptive families a program of special services, support, and training to assist them in adopting children with special conditions such as exposure to HIV or substance abuse by the mother. Currently the program is available in five counties to support foster parents care for these children. Appropriates $1 million from the General Fund to the State Department of Social Services for purposes of the bill.

Chapter 1014, Statutes of 1998

AB 2200 (Migden-D) Cigarette Fire Safety

Requires the Bureau of Home Furnishings and Thermal Insulation, on or before June 1, 1999, to adopt fire safety standards, for cigarettes sold, offered for sale, or manufactured in the state, that limit the risk that the cigarettes will ignite upholstered furniture or mattresses. Requires, on and after January 1, 2000, an entity engaged in the manufacture of cigarettes to certify in writing to the bureau prior to any sale that its products meet the fire safety performance standards adopted by the bureau. Prohibits, on and after January 1, 2000, the manufacture, distribution, or sale of any cigarette that fails to comply with the fire safety performance standards adopted by the bureau. Requires each violation of this provision to be subject to a civil penalty not to exceed $10,000.

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

AB 2229 (Keeley-D) Birth certificates: certified copies

Extends the sunset date on the authorization for counties to impose an additional $3 fee on top of the existing cost for certified copies of birth certificates from December 31, 1998 to June 30, 1999. Earmarks this $3 surcharge for mediation services in juvenile dependency cases.

Chapter 1062, Statutes of 1998

AB 2242 (Battin-R) Fire extinguishers: maintenance and service

Makes fire extinguishers subject to maintenance annually, or immediately after use, or when inspection reveals specified problems; and requires dry chemical portable fire extinguishers, at the time of annual maintenance, to be emptied and subjected to a thorough examination.

(Died in Assembly Governmental Organization Committee)

AB 2260 (Honda-D) Childhood lead poisoning prevention

Establishes a 15-county pilot project to expand childhood lead poisoning outreach and treatment efforts.

(Died in Assembly Appropriations Committee)

AB 2282 (Escutia-D) Obstetrical care

Permits counties to report to the state infant death certificate data using the automated system currently used to input birth certificate data. Also requires the State Department of Health Services to:

  1. Determine how this data can be matched with hospital data to expand information related to improving the quality of obstetrical care.
  2. Limit to six months the time in which infant mortality data are transferred from the Office of Vital Records to the Maternal and Child Health Program.
  3. Report to the Legislature by January 1, 2000, on trends in infant mortality and morbidity, how hospitals can improve the quality of obstetrical care to reduce maternal and infant morbidity and mortality, how hospital data can be used with the State Department of Health Services' data to improve the quality of obstetrical care.
Vetoed by the Governor

AB 2299 (Escutia-D) Urban water infrastructure restoration

Authorizes the State Department of Health Services to enter into contracts for loans to eligible public and private entities and for grants to eligible public agencies, for eligible urban water infrastructure projects in economically disadvantaged areas, as defined. Authorizes the department to make grants to pay for the costs incurred by an eligible public agency in connection with engineering feasibility studies and needs assessment. Authorizes the department to undertake plans, surveys, research, development, and studies that it determines to be necessary or desirable to carry out the urban water infrastructure restoration program.

(Failed passage in Assembly Water, Parks and Wildlife Committee)

AB 2330* (Poochigian-R) Income taxes: deduction medical expenses

Enacts the Taxpayers' Medical Expense Relief Act of 1998 which, under the Personal Income Tax Law, reduces the threshold over which medical and dental expenses are allowed as an itemized deduction from 7.5% to 2% of adjusted gross income.

(Died in Assembly Appropriations Committee)

AB 2352 (Woods-R) Human services

Changes the name of the State Health and Welfare Agency to the State Health and Human Services Agency, to more accurately reflect its mission and, in doing so, makes the title of this agency more consistent with the federal government, and state Legislature policy committees. Provides that the State Department of Rehabilitation becomes one of the entities specifically named in current law as a participant in the State Job Training Coordinating Council workforce education and job training study and assessment.

Chapter 817, Statutes of 1998

AB 2371 (Leonard-R) Emergency medical services: automatic external defibrillator

Provides immunity from civil liability for those who use, distribute, or train with automatic external defibrillators.

(Failed passage in Assembly Judiciary Committee)

AB 2381 (Torlakson-D) Tobacco products: health care costs and teen smoking

Requires the State Department of Health Services to adopt a schedule of fees to be imposed on manufacturers of tobacco products based on the extent of youth smoking and to recoup the governmental cost of treating tobacco-related disease. Specifies that each manufacturer's fees depend on the market share.

(Died in Senate Appropriations Committee)

AB 2383 (Thompson-R) California Safe Drinking Water Bond Law

Appropriates $1.4 million from the General Fund to the State Department of Water Resources for the purpose of repaying refunds for overpayments, plus interest to specified water suppliers who were granted loans by the State Department of Water Resources under the California Safe Drinking Water Bond Law of 1976.

Vetoed by the Governor

AB 2422 (Runner-R) Health education and services

Places a measure before the voters that, if approved, would eliminate the Public Resources Account in the Cigarette and Tobacco Products Surtax Fund and place the revenues in the Fund's Health Education Account.

(Failed passage in Assembly Natural Resources Committee)

AB 2466 (Oller-R) Fire alarms: signal verification

Requires the State Fire Marshal to adopt regulations that require the operator of any central station fire alarm system to verify fire alarm signals from business subscribers, as prescribed, concurrent with notification of the fire department, and to notify the fire department if it confirms the alarm is false.

(Died in Assembly Governmental Organization Committee)

AB 2483 (Bustamante-D) Tobacco settlement

Expends any tobacco settlement funds for health care for families in California, except funds allocated by AB 1899 (Davis-D) relating to health care service plans.

(Died in Senate Appropriations Committee)

AB 2520* (Prenter-R) Taxes: preventive health care credit

Enacts the 1998 Farmworker Health Care Act, which under the Personal Income Tax and Bank and Corporation Tax Laws, for each taxable and income year beginning on or after January 1, 1998, and before January 1, 2001:

  1. Authorizes a credit in an amount equal to 25% of qualified expenses paid or incurred during the taxable year for preventive health care provided to employees who are qualified farmworkers.
  2. Authorizes unused credits to be carried forward until exhausted.
(Died in Assembly Appropriations Committee)

AB 2527 (Cedillo-D) Health facilities: sale of assets

Expands existing law governing the sale or lease of a health facility that is operated or controlled by a nonprofit corporation by requiring the nonprofit corporation to provide a written notification to the Attorney General prior to entering into an agreement to sell or dispose of its assets to another public benefit corporation. Additionally, requires the Attorney General to make a public benefit corporation's notice of intent to sell or lease and related documents available to the public in written form, regardless of whether or not the buyer is a nonprofit or a for-profit corporation.

Vetoed by the Governor

AB 2570 (Migden-D) General acute care hospitals: regulation

Requires acute care facilities requesting program flexibility to post a copy of the request in a public access area of the facility at the same time that the request is submitted to the State Department of Health Services (DHS), until the request is either approved or denied. It also requires the request to include a statement informing employees of the facility to submit comments voluntarily to DHS about the request.

Vetoed by the Governor

AB 2583 (Shelley-D) Care for the elderly: demonstration projects

Increases the number of demonstration projects to develop risk-based long-term care pilot programs from five to ten.

Chapter 483, Statutes of 1998

AB 2586 (Ortiz-D) Emergency medical services: cities and fire districts

Authorizes a city or fire district to establish exclusive operating areas for emergency medical services. Requires counties to competitively bid for emergency medical services.

(Failed passage on Assembly Floor)

AB 2599 (Martinez-D) Health facilities

Requires general acute care hospitals, psychiatric hospitals, and maternity hospitals to provide the State Department of Health Services (DHS) a copy of its patient classification system. Requires DHS to make this information available to the public. Also requires fines for a documented adverse outcome for the patient and imposes civil penalties for deficiencies that pose a risk of an immediate and substantial hazard.

(Died in Senate Appropriations Committee)

AB 2611 (Kuehl-D) Geologic hazard abatement districts

Authorizes a city council or a county board of supervisors to dissolve a geologic hazard abatement district by adoption of a resolution which finds, based on substantial evidence in the record, any one or more of specified findings.

Chapter 806, Statutes of 1998

AB 2612* (Migden-D) Retail food facilities

Permits food facilities, as defined, to serve ready-to-eat foods containing a raw egg or less than thoroughly cooked egg as an ingredient if the facility notifies the consumer either orally or in writing that the food contains the ingredient and the consumer does not object to the preparation.

Chapter 177, Statutes of 1998

AB 2622* (Shelley-D) Respite care: statewide policy

Requires the Statewide Resources Consultant to make recommendations, after consultation with appropriate state department representatives, to the director of the State Department of Mental Health and the Secretary of Health and Welfare for a comprehensive statewide policy to support and strengthen family caregivers, including the provision of respite and other support services.

Chapter 222, Statutes of 1998

AB 2686 (Mazzoni-D) Care facilities: exemptions

Exempts from State Department of Social Services licensure, certain low-income housing communities regulated by the U.S. Department of Housing and Urban Development that assist residents in accessing optional supportive services provided by an entity other than the housing provider.

Chapter 945, Statutes of 1998

AB 2705 (Mazzoni-D) Long-Term Care Ombudsman Program

Revises the standards of training and experience required of the State Ombudsman to include at least a bachelor's degree, require areas of experience to total a minimum period of five years (not five years' experience in each area), and add legislative process and organizational management and program administration to experience requirements.

Vetoed by the Governor

AB 2747 (Alquist-D) Seismic safety: health facilities

Eliminates outdated and unnecessary provisions of the Seismic Safety Act of 1983, including reporting requirements that are no longer used by the health and safety community, regulators, or the general public.

Chapter 369, Statutes of 1998

AB 2778 (Villaraigosa-D) Health insurance: Healthy Families Program

Makes several changes to the Healthy Families program necessary to implement the Budget Act of 1998-99. Generally expands access to health care coverage for children and improves legislative oversight and program accountability.

Vetoed by the Governor

AB 2780* (Gallegos-D) Health services: Budget Act implementation

Makes changes to (1) the Medi-Cal Program, (2) specified public health programs, (3) services provided to individuals with developmental disabilities and (4) services provided to individuals with mental illnesses which are necessary to implement the 1998-99 Budget Act.

Reduces by $40 million the amount the state obtains from the disproportionate share hospitals intergovernmental transfer fund to offset state Medi-Cal costs. Provides for an additional 12 month period of Medi-Cal eligibility for California Work Opportunity and Responsibility to Kids (CalWORKs) recipients who have left CalWORKs (not receiving cash aid) for employment. Extends the law regarding the Medi-Cal list of contract drugs for one year. Modifies Medi-Cal eligibility by adopting less restrictive income and resources eligibility standards to allow all recipients under the CalWORKs Program to be eligible for Medi-Cal.

Establishes the Newborn and Infant Hearing Screening Program. Increases the state subvention formula provided to counties for public health purposes, including childhood immunizations, restaurant inspections, and emerging disease investigations. Extends the Rural Health Grant Program for one year. Enables small counties with populations of 50,000 or less to contract with the State Department of Health Services to provide local public health services. Provides for the Director of Health Services to establish an advisory committee regarding health care issues affecting seasonal and migratory workers.

Provides for rate adjustments for both day programs and respite care providers. Provides for increased case management services (1-62 staff to consumer ratio) by the regional centers for individuals with developmental disabilities. Provides for an increase of 4% (3% across-the-board, and 1% via a Supplemental Security Income/State Supplementary Program for the Aged, Blind and Disabled pass-through) for Community Care Facilities contingent on appropriation in the Budget Act. Establishes a comprehensive two-year staff training and competency testing program for Community Care Facility Providers. Establishes the Supportive Assistance Program to provide housing assistance to low-income individuals who meet specified criteria, including mental illness and developmental disabilities.

Chapter 310, Statutes of 1998

ACA 44 (Granlund-R) Health services

Provides that the relationship between a patient and a physician or other licensed health care provider shall be free from outside interference. Provides that every payor of health care services shall ensure that the decision of a physician or other licensed health care provider is protected and shall not be interfered with by the payor of health care services unless the decision is inconsistent with sound medical practice. Also provides that all legal remedies that are available to patients to redress grievances against physicians shall be available to patients to redress grievances against health care plans that provide coverage to patients.

(Died in Assembly Health Committee)

ACR 82 (Baca-D) American Diabetes Month

Designates November as American Diabetes Month.

Resolution Chapter 123, Statutes of 1998

ACR 83 (Murray-D) National Eye Care Month

Declares the month of January 1998 as National Eye Care Month.

Resolution Chapter 2, Statutes of 1998

ACR 88 (Mazzoni-D) Long-term care awareness

Proclaims that, henceforth, the month of May will be designated as Long-Term Care Awareness Month and 1998 will be designated as The Year of Long-Term Care Awareness.

Resolution Chapter 10, Statutes of 1998

ACR 94 (Alquist-D) Osteoporosis Education Day

Recognizes February 24, 1998, as Osteoporosis Education Day.

(Died in Senate Rules Committee)

ACR 95 (Wayne-D) American Heart Month

Designates the month of February 1998 as American Heart Month.

Resolution Chapter 8, Statutes of 1998

ACR 113 (Wayne-D) Kids Watch

Acknowledges the work of the San Diego Neighborhood Watch Board of Advisors in creating the Kids Watch program.

Resolution Chapter 37, Statutes of 1998

ACR 115 (Gallegos-D) Kidney Month

Proclaims March 1998 as Kidney Month.

Resolution Chapter 15, Statutes of 1998

ACR 119 (Alby-R) National Multiple Sclerosis Society Month

Proclaims the month of May 1998 as National Multiple Sclerosis Society Month.

Resolution Chapter 49, Statutes of 1998

ACR 120 (Honda-D) National Sleep Awareness Week

Proclaims March 30, 1998 to April 5, 1998 as National Sleep Awareness Week.

Resolution Chapter 21, Statutes of 1998

ACR 131 (Baca-D) Tourette Syndrome Awareness Month

Declares April 1998 as Tourette Syndrome Awareness Month.

Resolution Chapter 32, Statutes of 1998

ACR 135 (Torlakson-D) California Fitness Month

Designates May as California Fitness Month.

Resolution Chapter 50, Statutes of 1998

ACR 139 (Baca-D) Reflex Sympathetic Dystrophy Syndrome Awareness Month

Proclaims May 1998 as Reflex Sympathetic Dystrophy Syndrome Awareness Month.

Resolution Chapter 61, Statutes of 1998

ACR 145 (Machado-D) Physical Therapy Month

Proclaims October 1998 as Physical Therapy Month.

Resolution Chapter 166, Statutes of 1998

ACR 153 (Honda-D) Drowning Prevention Month

Recognizes May 1998 as Drowning Prevention Month.

Resolution Chapter 62, Statutes of 1998

ACR 155 (Lempert-D) Breastfeeding

Respectfully memorializes the Governor to declare, by executive order, that all state employees be provided with adequate facilities for breast feeding or the expressing of milk.

Resolution Chapter 152, Statutes of 1998

ACR 156 (Gallegos-D) Year of Healthy Children

Proclaims the year 1998 as the Year of Healthy Children and urges state and local entities to work to support the efforts initiated during 1998 to improve the health of children in the state.

Resolution Chapter 83, Statutes of 1998

ACR 158 (Ducheny-D) National Drug Court Week

Declares the support of the Legislature for the celebration of National Drug Court Week in California from June 1 through June 7, 1998.

Resolution Chapter 69, Statutes of 1998

ACR 159 (Cedillo-D) Lead poisoning

Designates the week of July 19, 1998, to July 25, 1998, as Lead Poisoning Prevention Week.

Resolution Chapter 106, Statutes of 1998

ACR 166 (Wayne-D) Fire Prevention Week

Recognizes the week of October 4 through October 10, 1998, as Fire Prevention Week, and encourages all Californians to honor the courageous members of the state's fire and emergency services by learning about fire dangers and preparing their families to react safely to fires when they occur.

Resolution Chapter 127, Statutes of 1998

ACR 175 (Ashburn-R) Valley Fever Awareness Month

Proclaims August 1998, as Valley Fever Awareness Month.

Resolution Chapter 116, Statutes of 1998

ACR 188 (Davis-D) Obesity Awareness Month

Designates the month of April 1999 as Obesity Awareness Month.

Resolution Chapter 179, Statutes of 1998

ACR 190 (Kaloogian-R) Workplace Fitness Month

Proclaims the month of October 1998 as Workplace Fitness Month in California, and encourages all Californians to participate in regular exercise programs and physical activity, for healthier lives and improved work performance and satisfaction.

Resolution Chapter 167, Statutes of 1998

ACR 191 (Alquist-D) Nonsteroidal Anti-Inflammatory Drugs Awareness Day

Proclaims November 17, 1998, as "Nonsteroidal Anti-Inflammatory Drugs Awareness Day."

Resolution Chapter 181, Statutes of 1998

AJR 43 (Baca-D) Cardiovascular disease

Memorializes the President and Congress to support the Women's Cardiovascular Diseases Research and Prevention Act currently pending before Congress.

Resolution Chapter 141, Statutes of 1998

AJR 59 (Baca-D) Reflex Sympathetic Dystrophy Syndrome

Urges the United States Congress to enact legislation that would automatically qualify persons with Reflex Sympathetic Dystrophy Syndrome for Social Security disability benefits upon proper diagnosis and progression to a state of disability.

Resolution Chapter 183, Statutes of 1998

HR 60 (Gallegos-D) Stroke Awareness Month

Proclaims the month of May 1998 as Stroke Awareness Month.

Adopted

FOR HEALTH INSURANCE LEGISLATION SEE INSURANCE SECTION OF THE BOOK.

Seismic Safety

Health Professionals

SB 155 (Kelley-R) Veterinary medicine: license renewal

Requires that beginning January 1, 2002, the Veterinary Medical Board shall issue licenses only to applicants who have completed at least 36 hours of mandatory continuing education (MCE) in the preceding two years. Requires all renewal and relicensure applicants to submit proof of compliance of MCE.

Chapter 621, Statutes of 1998

SB 248 (Rosenthal-D) Regulatory boards and programs

Extends the Speech-Language and Audiology Board to July 1, 2003; transfers regulation of hearing aid dispensers from the Hearing Aid Dispensers Examining Committee to the State Department of Consumer Affairs; and increases educational requirements for hearing aid dispensers.

(Died in Assembly Appropriations Committee)

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

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

(Failed passage in Assembly Consumer Protection, Governmental Efficiency and Economic Development Committee)

SB 305 (Sher-D) Education: school nurses

Requires schools to notify parents and guardians if they do not have a minimum level of nursing services.

Vetoed by the Governor

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

Requires a California medical license of anyone who makes a decision regarding the medical necessity or appropriateness of any diagnosis, treatment, operation or prescription. Becomes operative only if SB 557 (Leslie-R) is enacted and takes effect by January 1, 1999.

Vetoed by the Governor

SB 385 (Kopp-I) Medicine: disclosure of settlements

Requires the Medical Board of California to disclose all malpractice settlements.

(Died in Assembly Health Committee)

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

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

Chapter 347, Statutes of 1998

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

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

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

(Died in Senate Judiciary Committee)

SB 557 (Leslie-R) Healing arts

Requires a medical license for any person who makes decisions regarding the medical necessity or appropriateness that affects any diagnosis, treatment, operation or prescription. Becomes operative only if SB 324 (Rosenthal-D) is enacted and takes effect by January 1, 1999.

Vetoed by the Governor

SB 863 (Lee-D) Acupuncture

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

Renames the Acupuncture Committee as the Acupuncture Board.

(Died in Senate Business and Professions Committee)

SB 891 (Watson-D) Physio-technology

Provides for the regulation of physio-technologists and health fitness consultants by the newly created California Physio-Technology Licensure and Practice Board. Establishes the Physio-Technology Fund, and prescribes certain licensure fees for deposit in the fund.

(Died in Senate Business and Professions Committee)

SB 958 (Hughes-D) Behavior analysis

Creates the Behavior Analysts Certification Act to provide for the certification of behavior analysts.

(Died in Senate Business and Professions Committee)

SB 983 (Polanco-D) Psychology

Requires the State Board of Psychology to encourage universities offering doctorates in psychology to include in their curricula education and training in psychopharmacology, and to encourage psychologists to include training on the subject as part of their continuing education. In addition, directs the board to develop education and training guidelines for psychologists whose practice includes patients who may require pharmacological treatment.

Chapter 822, Statutes of 1998

SB 998 (Burton-D) Health care

Requires a perfusionist, as defined, to operate extracorporeal equipment under the immediate supervision of the cardiovascular surgeon or anesthesiologist. States that the determination of the qualifications and competence of a perfusionist, and the awarding of appropriate privileges, is the responsibility of the general acute care hospital or its medical staff.

Chapter 775, Statutes of 1998

SB 1125 (Alpert-D) Health facilities: nursing staff

Requires the State Department of Health Services to adopt regulations establishing specific staffing ratios for nurses in specified hospitals and limits the duties that may be performed by unlicensed personnel.

Vetoed by the Governor

SB 1140 (Senate Health And Human Services Committee) Medicine: pain management

Requires the State Medical Board and the State Board of Registered Nursing to consider including a course on pain management in their continuing education requirements.

Chapter 791, Statutes of 1998

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

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

Chapter 20, Statutes of 1998

SB 1331 (Knight-R) Hemodialysis: technician training

Extends by one year to July 1, 2000 certain provisions relating to hemodialysis technician certification and training. Applies to provisions regarding renewal of a hemodialysis technician certification, hemodialysis in-service training and continuing education programs, suspension, revocation, and denial of certification, and review of certification by the Joint Legislative Sunset Review Committee, as specified.

Chapter 373, Statutes of 1998

SB 1382 (Leslie-R) Private information

States the Legislature's intent that additional protections be provided regarding the disclosure of a patient's confidential medical information.

(Died in Conference Committee)

SB 1429 (Maddy-R) Physician assistants

Allows a physician to supervise four physician assistants, except as specified.

(Died in Senate Business and Professions Committee)

SB 1800 (Johnston-D) Hereditary disorders: genetic counselors

Requires the State Department of Health Services to recommend appropriate criteria and standards for licensing genetic counselors, in consultation with a group of medical experts, and report its recommendations to the Legislature by January 1, 2000.

Chapter 897, Statutes of 1998

SB 1816 (Polanco-D) Nursing: Nursing Workforce Commission

Appropriates $145,000 from the State Board of Registered Nursing Fund to the State Board of Registered Nursing to conduct an assessment of the demographics of the nursing workforce and make recommendations to the Legislature regarding nurse education and training programs.

Vetoed by the Governor

SB 1930 (Polanco-D) Professional license fees

Increases various licensing fees for specified health care and mental health professionals and increases enforcement authority against respiratory care technicians.

Vetoed by the Governor

SB 1940 (Peace-D) Workers' comp: nurse practitioners & physician assistants

Requires the inclusion of services provided by physician assistants and nurse practitioners on the official medical fee schedule adopted by the administrative director of the Division of Workers' Compensation.

Chapter 388, Statutes of 1998

SB 1980 (Greene-D) Regulatory boards and committees

Among other things, extends the sunset dates for various boards and committees under the jurisdiction of the State Department of Consumer Affairs and increases and institutes fees for the Respiratory Care Board.

Chapter 991, Statutes of 1998

SB 1981 (Greene-D) Medical boards: sunset review

Extends the sunset dates of, and makes various modifications to, health care practitioner licensing bodies, including the State Medical Board, the State Board of Podiatric Medicine and the Physician Assistant Examining Committee.

Chapter 736, Statutes of 1998

SB 1982 (Greene-D) Speech and hearing sciences

Merges the Speech-Language Pathology and Audiology Board and the Hearing Aid Dispensers Examining Committee to create the Speech and Hearing Sciences Board.

(Failed passage on Assembly Floor)

SB 1983 (Greene-D) Healing arts: boards

Makes changes to the licensure requirements for psychologists, extends the sunset dates of the Board of Psychology and the Board of Behavioral Sciences, and requires those boards to issue reports to the Legislature relating to their educational requirements.

Chapter 589, Statutes of 1998

SB 2003 (Knight-R) Veterinary Medical Board

Requires the Veterinary Medical Board to issue temporary licenses to practice veterinary medicine, changes requirements for testing of applicants, requires and authorizes the Veterinary Medical Board to set and charge appropriate examination and license fees, and creates a one-year temporary license for qualifying internship or residency programs.

Chapter 1070, Statutes of 1998

SB 2050 (Polanco-D) Psychology

Requires the Board of Psychology to encourage licensed psychologists to take continuing education courses in psychopharmacology and the biological basis of behavior. Requires the board to encourage institutions offering doctorate degree programs in psychology to include education and training in psychopharmacology and related topics. Requires the board to develop education and training guidelines for psychologists whose practice includes patients who may require psychopharmacological treatment.

(Died in Senate Business and Professions Committee)

SB 2164 (Rosenthal-D) Pharmaceutical benefit management companies

Requires the State Department of Corporations to review certain information from pharmaceutical benefit management companies undertaking activities other than those under contract with a California HMO. This information includes (1) descriptions of formularies, (2) records of a therapeutic review committee, and (3) procedures on confidentiality. Also requires the management company to notify annually the contract beneficiaries regarding their rights to submit grievances regarding service and that the department is responsible for monitoring the services. Authorizes the department to charge a fee to cover the costs of the bill.

(Died in Senate Appropriations Committee)

SB 2239 (Senate Business And Professions Committee) Professions and vocations

An "omnibus" committee bill to make various changes to the regulation of several health care professionals.

Chapter 878, Statutes of 1998

AB 123 (Wildman-D) Respiratory care practitioners

Expands the Respiratory Care Boards' investigative authority, the causes for disciplinary action, and the provisions of current law with respect to reporting alleged improper activities of respiratory care practitioners. Also revises the continuing education requirements.

Chapter 553, Statutes of 1998

AB 162 (Alby-R) Medicine: regulations

Directs the State Department of Health Services and the State Department of Corporations to coordinate, to the extent feasible, medical audits and surveys of physician offices.

Chapter 647, Statutes of 1998

AB 205 (Machado-D) Speech-language pathologist

Mandates continuing education requirements for all speech-language licensees and registrants, creates a new license category of "speech-language pathology assistant"; authorizes language and speech development and remediation services in schools to be provided by a speech-language pathologist assistant, and specifies a maximum fee schedule for registration and renewal fees.

Chapter 1058, Statutes of 1998

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

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

(Died on Assembly Inactive File)

AB 255 (Thomson-D) Prescription lenses: spectacles

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

Chapter 8, Statutes of 1998

AB 274 (Floyd-D) Medicine: physicians and surgeons

Revises the definition of the practice of medicine to include the diagnosis, treatment or prescription for any mental condition based on a biologic brain disorder, including schizophrenia, schizoaffective disorder, manic-depressive illness and autism.

(Died in Assembly Health Committee)

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

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

(Died in Assembly Health Committee)

AB 332 (Figueroa-D) Health care

Requires:

  1. A physical exam or review of medical records, as specified, before a health plan or insurer refuses to authorize services.
  2. Medical necessity decisions that result in denial of care to be made only by licensed practitioners, as specified.
  3. Health plans and insurers to disclose to the public upon request the criteria used to determine whether to authorize or deny services.
Vetoed by the Governor

AB 404 (Gallegos-D) Optometry

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

(Died on Senate Inactive File)

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

Provides a partial sales tax exemption for various specified goods furnished by a licensed acupuncturist in the course of his or her professional duties.

(Died in Senate Appropriations Committee)

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

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

Vetoed by the Governor

AB 610 (Margett-R) Marijuana

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

(Died in Assembly Health Committee)

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

Requires the State Department of Health Services to adopt minimum nurse-to-patient staffing ratios for each nurse classification and for each hospital unit in general acute care, psychiatric, and specialty hospitals. Requires the hospital to meet these minimum staffing requirements and to assign additional staff as required by the patient classification system currently used in the hospital.

(Failed passage in Senate Appropriation Committee)

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

Authorizes anesthesiologists (licensed physicians) to perform anesthesia in outpatient settings in dental offices if they have obtained a general anesthesia permit from the Board of Dental Examiners.

Chapter 505, Statutes of 1998

AB 789 (Cardenas-D) Health care personnel: criminal record clearances

  1. Requires the State Department of Health Services (DHS) to notify the licensee and applicant of any criminal convictions within five working days of receipt of the criminal record or information from State Department of Justice.
  2. Authorizes DHS to request and maintain employment information for nurse assistants, direct care staff of certain care facilities, and home health aides.
  3. Requires DHS to conduct a feasibility study to assess the additional technology requirements necessary to include previous and current employment information on its registry and report the results of the study to the Legislature by July 1, 2000.
Chapter 716, Statutes of 1998

AB 790 (Cardenas-D) Prenatal health: information dissemination

Requires the State Department of Health Services, by January 1, 2000, to review the adequacy of prenatal nutrition information available to physicians providing health care to pregnant women and report its findings to the Legislature.

Vetoed by the Governor

AB 892 (Escutia-D) Nurses

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

(Died at Senate desk)

AB 949 (Ducheny-D) Social workers

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

(Died in Conference Committee)

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

Adds a licensed hearing aid dispenser, under specified conditions, to the list of persons or organizations that may certify hearing impaired individuals for participation in the Public Utilities Commission telephone assistance program.

Chapter 38, Statutes of 1998

AB 1079 (Cardoza-D) Physicians and surgeons

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

(Died in Senate Business and Professions Committee)

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

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

(Died in Assembly Judiciary Committee)

AB 1439 (Granlund-R) Health care practitioners

(1) Requires a "health care practitioner," as defined, to disclose his or her practitioner's credentials on a name tag while working,; (2) prohibits any person from using the title "nurse" unless licensed as a registered or licensed vocational nurse; and (3) specifies that a social worker who provides the second signature on a notice of certification to commit a person, for not more than 14 days of intensive treatment for mental illness or chronic alcoholism, must be a licensed social worker.

Chapter 1013, Statutes of 1998

AB 1449 (Brown-D) Licensed marriage, family and child counselors

Revises the titles "licensed marriage, family and child counselor," and "marriage, family and child counselor" to "licensed marriage and family therapist" and "marriage and family therapist," respectively. Takes effect July 1, 1999, and specifies that the changes in nomenclature apply to all statutes and regulations.

Chapter 108, Statutes of 1998

AB 1628 (Alquist-D) Nurse assistant certification

Requires at least two of the mandated 100 hours of supervised and on-the-job training clinical practice for nurse assistant certification to be supervised training to address the special needs of persons with developmental and mental disorders.

(Died in Assembly Health Committee)

AB 1889 (Knox-D) Board of Pharmacy: medication error rate

Requires the Board of Pharmacy to conduct a study of incidents occurring in the practice of pharmacy that endanger patients. Appropriates $300,000 from the Pharmacy Board Contingent Fund to the Board of Pharmacy.

Vetoed by the Governor

AB 2006 (Keeley-D) Dentistry: oral conscious sedation

Prohibits dentists from administering oral conscious sedation to a minor patient, unless the dentist meets certain requirements.

Chapter 513, Statutes of 1998

AB 2028 (Machado-D) Personal information: disclosure

Prohibits the disclosure by a psychotherapist of medical information regarding a patient whom the psychotherapist treats on an outpatient basis, without the patient's prior authorization, except as specified. Also prohibits health care service plans and certain disability insurers from denying coverage for a psychotherapist's outpatient treatment due to a patient's refusal to authorize disclosure of medical information for purposes other than determining responsibility for payment or administering benefits. Provides that it is the intent of the Legislature to ensure that the relationship between the patient and his or her health care provider is not compromised by the efforts of disability insurers and health care service plans to compile patient information and use the information for other than administering benefits and determining payments.

(Died in Senate Rules Committee)

AB 2063 (Cardenas-D) Dental hygienists

Requires registered dental hygienist (RDH) educational programs to be accredited by the Commission on Dental Accreditation and conducted by a degree-granting, post-secondary institution, and requires RDH license applicants to pass a national written dental hygiene examination approved by the Board of Dental Examiners (BDE), in addition to the examination currently required by BDE.

Chapter 580, Statutes of 1998

AB 2120 (Cedillo-D) Licensed acupuncturists: professional corporations

Adds licensed acupuncturists to the list of licensed health professionals who may be shareholders, officers, directors, or professional employees of the following professional corporations: medical; podiatric medical; psychological; nursing; marriage, family and child counseling; licensed clinical social worker; physician assistants, optometric, and chiropractic.

Chapter 175, Statutes of 1998

AB 2122 (Perata-D) Health care service plans: physicians and surgeons

Prohibits a health care service plan from sanctioning a physician and surgeon for, or preventing a physician and surgeon from, providing necessary medical or health care-related information to a patient.

(Died in Assembly Health Committee)

AB 2305 (Runner-R) Health care

Requires health care service plans to cover pain management medications to terminally ill enrollees when medically necessary, and revises the definition of unprofessional conduct by specified health care providers relating to drug prescription and treatment.

Chapter 984, Statutes of 1998

AB 2387 (Baugh-R) Medi-Cal reimbursement: disciplined licensees

Prohibits, with specified exceptions, Medi-Cal payment for specified surgical or invasive procedures by physicians, dentists and osteopaths on probation due to disciplinary actions. Requires the Medical Board of California, the Osteopathic Medical Board of California, the Board of Dental Examiners of California, and the State Department of Health Services to report annually to the Legislature on the number of licensees placed on probation and receiving or not receiving Medic-Cal payments.

Chapter 892, Statutes of 1998

AB 2407 (Alby-R) Emergency medical services: personnel standards

Requires an applicant for licensure as an Emergency Medical Technician-Paramedic to submit two fingerprint cards for criminal record checks with the State Department of Justice, to be forwarded to the Federal Bureau of Investigation. Includes as potential grounds for denial, suspension, or revocation of a certificate or license, unprofessional conduct, including use of excessive force, failure to maintain patient confidentiality, lewd behavior, or commission of any sexually-related act punishable as a crime.

Vetoed by the Governor

AB 2496 (Aguiar-R) Perfusionists

Commencing January 1, 2001, prohibits any person who holds himself or herself out as a perfusionist, or performs perfusion services, from doing so without a valid license. Establishes procedures for the licensure of perfusionists.

(Died in Assembly Health Committee)

AB 2507 (Assembly Health Committee) Podiatric medicine

Deletes "psychiatry" from the required curriculum for licensure as a doctor of podiatric medicine.

Chapter 114, Statutes of 1998

AB 2508 (Assembly Health Committee) Marriage, family, and child counselors

Prohibits a marriage, family, and child counseling partnership from employing or supervising, at any one time, more than a specified number of unlicensed interns.

(Died in Assembly Health Committee)

AB 2553 (Thomson-D) Damages: medical malpractice

Prohibits periodic payments of future noneconomic damages awarded against a health care provider for professional negligence.

(Died in Assembly Judiciary Committee)

AB 2648 (Machado-D) Personal information: disclosure

Provides that it is the Legislature's intent to strengthen protection of the privacy of patients' mental health records. Finds and declares that privacy is a fundamental right in California, that mental health treatment depends upon open communication and trust, and that trust cannot be achieved without confidence in the privacy of one's communications with one's therapist.

(Died in Conference Committee)

AB 2658 (Wright-D) Hearing aid dispensers

Extends the sunset on the Health Aid Dispensers Examining Committee to July 1, 2003 and makes several policy changes.

(Failed passage in Senate Appropriations Committee)

AB 2687* (Gallegos-D) Healing arts: dispensing drugs

Establishes authority of local health officers to take action against persons unlawfully dispensing or furnishing drugs requiring a prescription, or a dangerous drug or device or a controlled substance. Makes those unlawful practices a misdemeanor punishable by fines of $5,000 to $10,000 or imprisonment in county jail or both.

Chapter 750, Statutes of 1998

AB 2709 (Wildman-D) Respiratory care practitioners

Requires employers of respiratory care therapists to provide the Respiratory Care Board with reports regarding suspensions or terminations of respiratory care practitioners.

(Died in Assembly Judiciary Committee)

AB 2719* (Gallegos-D) Medicine: accusations

Establishes a statute of limitations within which the Medical Board of California must initiate administrative disciplinary action against a physician/licentiate by filing an accusation.

Chapter 301, Statutes of 1998

AB 2721 (Miller-R) Healing arts licensees: acupuncture licensees

Authorizes certain licensing agencies to suspend or revoke the licenses of individuals involved in prostitution activity and provides for civil fines as a result of this activity. Also requires licensed acupuncturists to register all places of practice with the Acupuncture Committee.

Chapter 971, Statutes of 1998

AB 2802 (Assembly Consumer Protection, Governmental Efficiency, And Economic Development Committee) Professions and vocations

Authorizes each bureau and program under the direct authority of the Director of Consumer Affairs to synchronize the renewal dates of licenses granted to applicants with more than one license issued by the bureau or program. Also establishes a standard "abandonment date" for applications that have been returned to the applicant as incomplete, and abolishes grace periods during which no fees are assessed in connection with the renewal of licenses.

Chapter 970, Statutes of 1998

ACR 152 (Thomson-D) California Nurses' Week

Designates the week of May 6 through May 12 as California Nurses' Week.

Resolution Chapter 52, Statutes of 1998