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AGENDA ITEM 4 DISCUSSION AND POSSIBLE ACTION REGARDING PENDING LEGISLATION. The following bill status report and/or bills are attached for review. AB 171, Autism. AB 386, Prisons: telehealth systems. AB 374, Athletic trainers. AB 439, Health care information. AB 518, Elder and dependent adult abuse: mandated reporters. AB 608, Telemedicine. AB 783, Professional Corporations. AB 800, Boards and Commissions: Time Reporting. AB 958, Statute of limitations for disciplinary actions. AB 1003, Professional and vocational licenses. AB 1205, Licensed behavior analysts. AB 1435, Child abuse reporting. AB 1588, Professions and vocations: reservist licensees: fees and continuing education. AB 1896, Tribal health programs: health care practitioners. AB 1904, Professions and vocations: military spouses: temporary licenses. '-----!....f--_A:;-;;B::-::::-1 ~~l, United States armed services: healing arts boards. AB 2458, Healing arts: health care practitioners. AB 2570, Licensees: settlement agreements. SB 399, Healing Arts: Advertising. SB 462, Provides for certification of special education advocates. SB 544, Professions and Vocations: Amendments to the Business and Professions Code, including the general provisions and the Occupational Therapy Practice Act. SB 683, Early intervention services. SB 770, Health care coverage: mental illness: developmental disorder and autism. SB 924, Direct patient access to services and professional corporations. SB 975, Professions and vocations: regulatory authority. SB 1228, Small house skilled nursing facilities. SB 1274, Healing arts: hospitals: employment. SB 1327, State government: business information: Internet Web site. SB 1575, Professions and vocations. /~l ( . c) \ d) \ e) I) m) v) w) x) y) z) aa) bb) cc) Teleconference Legislative/Regulatory Affairs Committee Meeting June 14, 2012

DISCUSSION ANDPOSSIBLE ACTION REGARDING PENDING … · 2012-06-14  · Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of2010 (PublicLaw 111-152)

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Page 1: DISCUSSION ANDPOSSIBLE ACTION REGARDING PENDING … · 2012-06-14  · Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of2010 (PublicLaw 111-152)

AGENDA ITEM 4

DISCUSSION AND POSSIBLE ACTION REGARDING PENDING LEGISLATION

The following bill status report andor bills are attached for review

AB 171 AutismAB 386 Prisons telehealth systemsAB 374 Athletic trainersAB 439 Health care informationAB 518 Elder and dependent adult abuse mandated reportersAB 608 TelemedicineAB 783 Professional CorporationsAB 800 Boards and Commissions Time ReportingAB 958 Statute of limitations for disciplinary actionsAB 1003 Professional and vocational licensesAB 1205 Licensed behavior analystsAB 1435 Child abuse reportingAB 1588 Professions and vocations reservist licensees fees and continuing

educationAB 1896 Tribal health programs health care practitionersAB 1904 Professions and vocations military spouses temporary licenses

-----f--_A-B--1~~lUnited States armed services healing arts boardsAB 2458 Healing arts health care practitionersAB 2570 Licensees settlement agreementsSB 399 Healing Arts AdvertisingSB 462 Provides for certification of special education advocatesSB 544 Professions and Vocations Amendments to the Business and ProfessionsCode including the general provisions and the Occupational Therapy Practice ActSB 683 Early intervention servicesSB 770 Health care coverage mental illness developmental disorder and autismSB 924 Direct patient access to services and professional corporationsSB 975 Professions and vocations regulatory authoritySB 1228 Small house skilled nursing facilitiesSB 1274 Healing arts hospitals employmentSB 1327 State government business information Internet Web siteSB 1575 Professions and vocations

~l( c) d) e)

I)m)

v)w)x)y)z)aa)bb)cc)

Teleconference LegislativeRegulatory Affairs Committee Meeting June 14 2012

AB 171 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 171AUTHOR(S) Beall (Coauthors Arnmiano Blumenfield Brownley

Carter Chesbro Eng Huffman Mitchell SwansonWieckowski Williams and Yamada)

Pervasive developmental disorder or autismLOCATION SENAMENDED DATE

TOPICHOUSE+LAST 01232012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredState-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATE 02162012LAST HIST ACTION Referred to Com on HEALTHCOMM LOCATION SEN HEALTH

TITLE An act to add Section 1374745 to the Health and SafetyCode and to add Section 1014453 to the Insurance Coderelating to health care coverage

httpwww1eginfocagovpub11-12lbillasmab_0 151-0200ab _171_ bill_20120306 _status 652012

AMENDED IN ASSEMBLY JANUARY 23 2012

AMENDED IN ASSEMBLY MAY 3 2011

AMENDED IN ASSEMBLY APRIL 6 2011

CALIFORNIA LEGISLATURE-20II-12 REGULAR SESSION

ASSEMBLY BILL No 171

Introduced by Assembly Member Beall(Coauthors Assembly Members Ammiano Blumenfield Brownley

Carter Chesbro Eng Huffman Mitchell Swanson WieckowskiWilliams and Yamada)

January 202011

An act to add Section 131413 1374745 to the Health and SafetyCode and to add Section 1014451 1014453 to the Insurance Coderelating to health care coverage

LEGISLATIVE COUNSELS DIGEST

AB 171 as amended Beall Atttism sleetmm elisorder Pervasivedevelopmental disorder or autism

(1) Existing law provides for licensing and regulation of health careservice plans by the Department of Managed Health Care A willfulviolation of these provisions is a crime Existing law provides forlieeftsin-g Imel the regulation of health insurers by the InsuranceCommissioner Existing law requires health care service plan contractsand health insurance policies to provide benefits fell speemeel eoftelitiollsilleltlelillgeertaill mefttal health eoftelitiofts coverage for the diagnosisand treatment of severe mental illnesses including pervasivedevelopmental disorder or autism under the same terms and conditionsapplied to other medical conditions as specified Commencing July 12012 and until July 1 2014 existing law requires health care service

96

AD 171 -2-

plan contracts and health insurance policies to provide coverage forbehavioral health treatment as defined for pervasive developmentaldisorder or autism

This bill would require health care service plan contracts and healthinsurance policies to provide coverage for the screening diagnosis andtreatment other than behavioral health treatment of mrtism speetmmdis()rderspervasive developmental disorder or autism The bill wouldhowever provide that no benefits are required to be provided lry a hettlthbenefit plan ()iIered tllf()t1gft the Califomia Health Benefit EJCehangethat eJteeedthe essentittlhettlthbenefits reqttired that exceed the essentialhealth benefits that will be required under specified federal law Thebill would prohibit e()vetagefr()Mbeing denied for speeified reas()nshealth care service plans and health insurersfrom denying terminatingor refusing to renew coverage solely because the individual is diagnosedwith or has received treatment for pervasive developmental disorderor autism Because the bill would change the definition of a crime withrespect to health care service plans it would thereby impose astate-mandated local program

(2) The California Constitution requires the state to reimburse localagencies and school districts for certain costs mandated by the stateStatutory provisions establish procedures for making that reimbursement

This bill would provide that no reimbursement is required by this actfor a specified reason

Vote majority Appropriation no Fiscal committee yesState-mandated local program yes

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 137473 1374745 is added to the Health2 and Safety Code to read3 1374734 1374745 (a) Every health care service plan contract issued5 amended or renewed on or after January 1~ 2013 that6 provides hospital medical or surgical coverage shall provide7 coverage for the screening diagnosis and treatment of mrtism8 speetlttM dis()rderspervasive developmental disorder or autism9 (b) A health care service plan shall not terminate coverage or

10 refuse to deliver execute issue amend adjust or renew coverage11 to an enrollee solely because the individual is diagnosed with or

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-3- AB 171

has received treatment for 811mttism sleetmm disorder pervasivedevelopmental disorder or autism

(c) Coverage required to be provided under this section shallextend to all medically necessary services and shall not be subjectto any limits regarding age number of visits or dollar amountsCoverage required to be provided under this section shall not besubject to provisions relating to lifetime maximums deductiblescopayments or coinsurance or other terms and conditions that areless favorable to an enrollee than lifetime maximums deductiblescopayments or coinsurance or other terms and conditions thatapply to physical illness generally under the plan contract

(d) Coverage required to be provided under this section is ahealth care service and a covered health care benefit for purposesof this chapter Coverage shall not be denied on the basis of thelocation of delivery of the treatment or on the basis that thetreatment is habilitative nonrestorative educational academic orcustodial in nature

(e) A health care service plan may request no more than onceannually a review of treatment provided to an enrollee for mttismsleetmm disorders pervasive developmental disorder or autismThe cost of obtaining the review shall be borne by the plan Thissubdivision does not apply to inpatient services

(f) A health care service plan shall establish and maintain anadequate network of qualified mttism service providers withappropriate training and experience in 8tttism sleetmm disorderspervasive developmental disorder or autism to ensure that enrolleeshave a choice of providers and have timely access continuity ofcare and ready referral to all services required to be provided bythis section consistent with Sections 1367 and 136703 and theregulations adopted pursuant thereto

(g) (l) This section shall not be construed as reducing anyobligation to provide services to an enrollee under an individualizedfamily service plan an individualized program plan a preventionprogram plan an individualized education program or anindividualized service plan

(2) This section shall not be construed as limiting or excludingbenefits that are otherwise available to an enrollee under a healthcare service-plan-plan including but not limited to benefits thatare required to be covered pursuant to Sections 137472 and137473

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AD 171 -4-

(3) This section shall not be construed to mean that the servicesrequired to be covered pursuant to this section are not requiredto be covered under other provisions of this chapterffl(4) This section shall not be construed as affecting litigation

that is pending on January 12012(h) On and after Jalttlllry 1 2014 to the extent that this seetion

reqttires health henefits to he pt0 vided that ellteeedthe essenti8lhealth henefits reqtlired to he pro vided tmder Seetion 1302(h) ofthe federal Patient Proteetion and Affordable CMe Aet (Ptth1ieLaw 111 148) as amended h the federal He8lth Cate andEdtteation Reeoneiliation Aet of 2010 (Ptlhlie La~v 111 152) hyqtl8lifiedhe8lth plans offering those henefits in the CalifomiaHealth Benefit ElltehangeptlfStl8lltto Title 22 (eommeneing vvithSeetion 100500) of the Government Code the speeifie henefitsthat ellteeedthe federaU reqtlired essential health henefits are notreqttired to he pro vided hen offered h a health eat e sen iee planeontIaet thrOtlgh the ElltehangeHowe-fer those speeifie henefitsMereqtlired to he pro vided if offered h a health eMe sen iee planeontraet otltside of the Elltehange

(h) Notwithstanding subdivision (a) on and after January 12014 this section does not require any benefits to beprovided thatexceed the essential health benefits that all health plans will berequired byfederal regulations to provide under Section 1302(b)of the federal Patient Protection and Affordable Care Act (PublicLaw 111-148) as amended by the federal Health Care andEducation Reconciliation Act of2010 (Public Law 111-152)

(i) As used in this section the following tenus shall have thefollowing meanings

(1) Atltism speetunn disorder means a nettrohiologiealeondition that inelttdes 8ttistiedisorder Aspergers disorder Rettsdisorder ehildhood disintegtative disorder and penasivedeielopment8l disorder not othenv ise speeified

(2) Behavioral health treatment me8fiSprofessional senieesand treatment progt ams ineltlding heh8gtioml inten ention thetapy81plied heh8iioral analysis and other intensive hehavioralprograms that have demonstrated eftieae to develop maintainor restore to the m8lltimttmellttentpraetieable the ftmetioning orqtla1iryof life of an individttal and that have been demonstrated

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-5- AB 171

to trettt the eore symptoms ttssoeittted Wvith tttttism speetrumdisorder

(3) Behtt iorttl intervefttion therttpy meMS the designimplementMion Md ettltltttion of enironmentttl modifietttionstlsing behtt iorM stimttli Md eonseqtlenees to prodttee soeittllysignifiettftt impro vement in behtt iors inelttding the tlse of direetobsen tttion mettstlfement ttnd fttnetionM ttnMyses of thereltttionship beh een engtironment Md behtt iorf41(1) Diagnosis of tttttism speetrum disoIders pervasive

developmental disorder or autism means medically necessaryassessment evaluations or tests to diagnose whether an individualhas one of the tttttism speetmm disoIders pervasive developmentaldisorder or autism

(5) E idenee bttsed resettreh mettns resettreh thttt ttppliesrigorotls sy stemtttie md obj eeti bulle proeedtlres to obtttin bullttlidknovvledge rek4ttnt to tttttism speetmm disorders

(2) Pervasive developmental disorder or autism shall havethe same meaning and interpretation as used in Section 137472

(3) Pharmacy care means medications prescribed by a licensedphysician and surgeon or other appropriately licensed or certifiedprovider and any health-related services deemed medicallynecessary to determine the need or effectiveness of the medications

e1(4) Psychiatric care means direct or consultative psychiatric

services provided by a psychiatrist or ttftY other ttppropritttelylieensed or eertified proider licensed in the state in which he orshe practices

t81(5) Psychological care means direct or consultative

psychological services provided by a psychologist or ttny otherftPpropritttely lieensed or eertified pro ider licensed in the state inwhich he or she practices

(9) Qtlttlified tttttism sen iee pro dder shttll inelttde Myntttionttlly or stttte lieensed or eertified person entity or grottp thtttdesigns sttpervises or pro) ides tretttment of tttttism speetntmdisorders Md the ttnlieensed persoflftel sttpervised by the lieensedor eertified person entity or gIOtlp proided the seniees ttreWvithinthe expeIienee md seope of prttetiee of the lieensed or

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AD 171 -6-

eertified person entity or grottp Qualified atltism senieeprolider shall also inelttde llft)serviee prot idef that is venaorizedby a regional eenter to pro vide those same seniees for fltltismspeetrttm disorders under DF~ision45 (eommeneing with Seetion4500) of the WeUftre and Instittttions Code or Title 14(eommeneing with Seetion 95000) of the GOvernment Code tmdthe ttnlieensed personnel sttpen ised b that pro vider or a StateDepMtment of Edtleation nonpttblie nonseetMitm agenq asdefined in Seetion 56035 of the Edtteation Code llpproved topro vide those same sen iees for fltltismspeetl tlm disorders and thettnlieensed personnel supen ised b that agene A qttalifiedfltltismseniee prOvider shall enstlfe eriminal baekgrotmdsereening tmdfingerprinting and adeqttate training and stlpenision of allpersonnel tltilizedto implement serviees Any nationallieense oreertifieation reeognizedby this seetion shaH be aeeredited by theNational Commission for Certiryi~ Agencies ~mCA)

fW1(6) Therapeutic care means services provided by a licensed

or certified speech therllpists therapist an occupational therllpiststherapist or a physical therllpists or tmy other llppropriatelylieensed or eertified pro vider therapist

fH1(7) Treatment for fltltism speetrttm disorders pervasive

developmental disorder or autism means all of the followingcare including necessary equipment that develops maintains orrestores to the maximum extent practicable the functioning orquality of life of an individual with pervasive developmentaldisorder or autism and is prescribed or ordered for an individualdiagnosed with one of the fltltism speetrttm disorders pervasivedevelopmental disorder or autism by a licensed physician andsurgeon or a licensed psychologist or an other llppropriatelylieensed or eertified pro vider who determines the care to bemedically necessary

(A) Behavioral health treatlnent(B1(A) Pharmacy care if the plan contract includes coverage for

prescription drugseuro1(B) Psychiatric care(B1

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-7- AB 171

(C) Psychological care$1(D) Therapeutic care(F) Aft) eMe flt)rindi vidttals vvith tttttism sleetmm dis6rders

that is dem6nstrated based tlf6n best Ilaetiees 6r evidenee basedreseMeh t6 be medieaH) neeessary

(8) Treatmentfor pervasive developmental disorder or autismdoes not include behavioral health treatment as defined in Section137473

(j) This section with the exception of subdivision (b) shall notapply to dental-only or vision-only health care service plancontracts

SEC 2 Section 10144511014453 is added to the InsuranceCode to read

10144511014453 (a) Everyhealthinsurancepolicyissuedamended

or renewed on or after January 1 2012 2013 that provideshospital medical or surgical coverage shall provide coverage forthe screening diagnosis and treatment of atltism sleetmmdis6rders pervasive developmental disorder or autism

(b) A health insurer shall not terminate coverage or refuse todeliver execute issue amend adjust or renew coverage to aninsured solely because the individual is diagnosed with or hasreceived treatment for Mt Mttism sleetmm dis6rder pervasivedevelopmental disorder or autism

(c) Coverage required to be provided under this section shallextend to all medically necessary services and shall not be subjectto any limits regarding age number of visits or dollar amountsCoverage required to be provided under this section shall not besubject to provisions relating to lifetime maximums deductiblescopayments or coinsurance or other terms and conditions that areless favorable to an insured than lifetime maximums deductiblescopayments or coinsurance or other terms and conditions thatapply to physical illness generally under the policy

(d) Coverage required to be provided under this section is ahealth care service and a covered health care benefit for purposesof this part Coverage shall not be denied on the basis of thelocation of delivery of the treatment or on the basis that thetreatment is habilitative nonrestorative educational academic orcustodial in nature

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AB 171 -8-

(e) A health insurer may request no more than once annuallya review of treatment provided to an insured for tttttism speetfllftidisorders pervasive developmental disorder or autism The costof obtaining the review shall be borne by the insurer Thissubdivision does not apply to inpatient services

(f) A health insurer shall establish and maintain an adequatenetwork of qualified tttttism service providers with appropriatetraining and experience in atttism speetmm disorders pervasivedevelopmental disorder or autism to ensure that insureds have achoice of providers and have timely access continuity of careand ready referral to all services required to be provided by thissection consistent with Sections 101335 and 1013355 and theregulations adopted pursuant thereto

(g) (1) This section shall not be construed as reducing anyobligation to provide services to an insured under an individualizedfamily service plan an individualized program plan a preventionprogram plan an individualized education program or anindividualized service plan

(2) This section shall not be construed as limiting or excludingbenefits that are otherwise available to an enrollee under a healthinsurance policy including but not limited to benefits that arerequired to be covered under Sections 101445 and 1014451

(3) This section shall not be construed to mean that the servicesrequired to be covered pursuant to this section are not requiredto be covered under other provisions of this chapter

f31(4) This section shall not be construed as affecting litigation

that is pending on January 12012(h) On ttnd after JMltlttry12014 to the extent that this seetion

reqtlires health benefits to be 110 vided that exeeed the essentittlhettlth benefits Ieqtlired to be provided tmder Seetion 1302(b) ofthe federal Patient Proteetion and Apoundfordable CMe Aet (PtlblieLal9 III 148) as amended b the federal Health CMe ttndEdtteation Reeoneiliation Aet of 2010 (Pttblie La bullbull III 152) byqualified hettlth plttns otIering those benefits in the CaliforniaHealth Benefit Exehttnge ptlfStltlntto Title 22 (eommeneing bullbullithSeetion 100500) of the GOvemment Code the speeifie benefitsthat exeeed the federally reqtlired essential health benefits Me notreqt1ired to be pro vided 17 hen otIered b a health instlIttneepolieytftrotlgh the Exehttnge However those speeifle benefits Me

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-9- AB 171

reqtlired to be pIovided if otIered b~ a health iftsttIfmee polieyotltside of the Exehflftge

(h) Notwithstanding subdivision (a) on and after January 12014 this section does not require any benefits to beprovided thatexceed the essential health benefits that all health plans will berequired byfederal regulations to provide under Section 1302(b)of thefederal Patient Protection and Affordable Care Act (PublicLaw 111-148) as amended by the federal Health Care andEducation Reconciliation Act of 2010 (Public Law 111-152)

(i) As used in this section the following terms shall have thefollowing meanings

(1) Atttism speetIttm disorder meflftS a ftettrobiologieaeoftditioft thM ifteltldes atttistie disorder AspergeIs disorder Rertsdisorder ehildhood disiffiegrMi ve disorder flftd per- asivede velopmemal disorder ftot otheIvise speeified

(2) Dehav iora health treatmem meflftS professioftal servieesand treatmem pf6grMlls ineluding beha vioral intergtentioft therapyapplied beha vioral flft~ sis flftd other imeftsi ve beha vioraprograms thM ha ve demonstrated effie~ to de velop maiffifliftor restore to the maximttm extem pIaetieable the fttftetioftiftg orquality of life of aft individttal and thM have beeft demoftstrMedto treat the eore s~mptoms assoeiMed fv ith atttism speetrumdisorder

(3) Dehavioral imer-efttioft thera~ meaftS the desigftimplememMioft flftd eJalttMioft of eftviromnemal modifieMioftsusiftg behavioral stimuli flftd eoftseqtleftees to produee soeiallysigftifieam improvement ift behflviOfs ifteludiftg the use of direetobser- Mioft meastlI emem flftd fuftetional flftaryses of therelMioftship betveen en viromneftt flftd beha viorf41(1) Diagnosis of atltism speetrtlm disoIders pervasive

developmental disorder or autism means medically necessaryassessment evaluations or tests to diagnose whether an individualhas ofte of the atltism speetrtim disorders pervasive developmentaldisorder or autism

(5) Evidenee based researeh meaftS research that appliesrigorotls s~stemMie and obj eetive proeedttres to obtaift validkftowledge re1eam to atttism speetrtlm disorders

(2) Pervasive developmental disorder or autism shall havethe same meaning and interpretation as used in Section 137472

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AB 171 -10-

t61(3) Pharmacy care means medications prescribed by a licensed

physician and surgeon or other appropriately licensed or certifiedprovider and any health-related services deemed medicallynecessary to determine the need or effectiveness of the medications

ffl(4) Psychiatric care means direct or consultative psychiatric

services provided by a psychiatrist or ftny other ftlpropritttelylieensed or eertified pro vider licensed in the state in which he orshe practices

t81(5) Psychological care means direct or consultative

psychological services provided by a psychologist or fm)i otherflPproprifttely lieensed or eertified provider licensed in the state inwhich he or she practices

(9) Quftlified fttltism serviee provider shftll inelude ftftyntttionftlry or stttte lieensed or eertified person entity or gIOtlp thtttdesigns sttpeIv ises or pro vides trefttment of fttttism speetI mndisorders ftndthe tlftlieensed pel sonnel Stlpen ised b the lieensedor eertified person entity or grotlp pro vided the sen iees Mefv ithin the experienee ftnd seope of prftetiee of the lieensed oreertified person entity or grotlp Qtlftlified fttltism senieepm vider shftllmso include ftft serviee pro vider thttt is vendorizedb ftregionM eenter to pro vide those sftme sen iees fur fttltismspeetrttm disorders tlftder DiVisioft 45 (eommeneiftg with Seetion4588) of the WeIfMe ftftd Instittttions Code or Title 14(eommefteiftg vvith Seetion 95888) of the GOvernment Code ftftdthe tlftlieensed personnel stlpen ised b thftt pro vider 01 ftStttteDepMtment of Edtlefttion nonpttblie ftonseetftriftft ftgene ftSdefifted in Seetioft 56835 of the Edtletttion Code flPProved 16pro vide those SMIlesen iees fuI fttltism speetrttm disorders and thetlftlieensed personnel supen ised b thttt ftgene A qttft1ifiedfttltismsen ice pro vider shftll ensttre eriminm bftekgrotlftd sereening ftftdfingerprintiftg ftftd ftdequttte trftining ftftd Stlpen isioft of allpersonnel tttilized to implement sen iees An ntttionftllieense oreertifietttion reeogftized b this seetion shftllbe fteeredited by theNtttioftm Commission fur Certifyiftg Agencies (NCCA)

fWt(6) Therapeutic care means services provided by a licensed

or certified speech therftlists therapist an occupational therftpists

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-11- AB 171

therapist or a physical therapists ~r an) ~ther appropriatelylieensed ~r eertihed pr~ bullbullider therapist

tH1(7) Treatment for atrtism speetmm dis~rders pervasive

developmental disorder or autism means all of the followingcare including necessary equipment that develops maintains orrestores to the maximum extent practicable the functioning orquality of life of an individual with pervasive developmentaldisorder or autism and is prescribed or ordered for an individualdiagnosed with ~ne ~f the atttism speetmm dis~Iders pervasivedevelopmental disorder or autism by a licensed physician andsurgeon or a licensed psychologist ~r an) ~ther appIopIiMelyHeensed ~r eertihed pr~vider who determines the care to bemedically necessary

(A) Behlh i~r8lhealth treatmenttB1(A) Pharmacy care if the policy includes coverage for

prescription drugsfeuro7(B) Psychiatric caretB1(C) Psychological care(E1(D) Therapeutic care(F) Any eare fur indi viduals Vol ith autism speetrum dis~rders

thM is dem~nstrMed based up~n best praetiees ~r evidenee basedreseareh t~ be mediealry neeessary

(8) Treatmentfor pervasive developmental disorder or autismdoes not include behavioral health treatment as defined in Section1014451

U) This section with the exception of subdivision (b) shall notapply to dental-only or vision-only health insurance policies

SEC 3 No reimbursement is required by this act pursuant toSection 6 of Article XIII B of the California Constitution becausethe only costs that may be incurred by a local agency or schooldistrict will be incurred because this act creates a new crime orinfraction eliminates a crime or infraction or changes the penaltyfor a crime or infraction within the meaning of Section 17556 ofthe Government Code or changes the definition of a crime within

96

AB 374 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASUREAUTHOR (S)TOPICHOUSE+LAST

AB NoHayashi

AthleticLOCATIONAMENDED DATE

374

SENOS272011

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

the request ofCOMM LOCATION

06162011In committee

authorSEN BUSINESS

Set first hearing Hearing canceled at

PROFESSIONS AND ECONOMIC DEVELOPMENT

TITLE An act to add Chapter 27 (commencing with Section18898) to Division 8 of the Business and ProfessionsCode relating to athletic trainers

httpwwwleginfocagovpub11-12billasmab_0351-0400ab_374_bill_20 652012

AB 386 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 386AUTHOR(S) GalgianiTOPIC Prisons telehealth systems+LAST AMENDED DATE 05112011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to add Section 50233 to the Penal Code relatingto prisoners

httpwww1eginfocagovpubI11-12lbillasmab_ 0351-0400ab _386_ bill_20120201_status 652012

-

AB 439 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPICHOUSE+LAST

AB No 439Skinner

Health care informationLOCATION SENAMENDED DATE 06282011

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 07052011LAST HIST ACTION In committee Set first hearing Held without

recommendationCOMM LOCATION SEN JUDICIARY

TITLE An act to amend Section 5636 of the Civil Coderelating to health care information

httpwwwleginfocagovpub11-12billasmab_0401-0450ab _439 _bill_20120509 _status 652012

-

AMENDED IN SENATE JUNE 28 2011

AMENDED IN ASSEMBLY MAY 182011

AMENDED IN ASSEMBLY APRIL 7 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 439

Introduced by Assembly Member Skinner

February 142011

An act to amend Section 5636 of the Civil Code relating to healthcare information

LEGISLATIVE COUNSELS DIGEST

AB 439 as amended Skinner Health care informationExisting law the Confidentiality of Medical Information Act (CMIA)

prohibits a health care provider a contractor or a health care serviceplan from disclosing medical information as defined regarding a patientof the provider or an enrollee or subscriber of the health care serviceplan without first obtaining an authorization except as specified Inaddition to other remedies available existing law authorizes anindividual to bring an action against any person or entity who hasnegligently released his or her confidential records in violation ofthoseprovisions for nominal damages of$lOOO

This bill would specify that in an action brought on or after January1 2012 a court may not award nominal damages if the defendantestablishes specified factors as an affirmative defense including butnot limited to that it is a covered entity as defined and has compliedwith any obligations to notify persons entitled to receive notice regardingthe release of the information The bill would also make a technicalnonsubstantive change

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Vote majority Appropriation no Fiscal committee noState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 5636 of the Civil Code is amended to2 read3 5636 (a) Any violation of the provisions of this part that4 results in economic loss or personal injury to a patient is punishable5 as a misdemeanor6 (b) In addition to any other remedies available at law any7 individual may bring an action against any person or entity who8 has negligently released confidential information or records9 concerning him or her in violation of this part for either or both

10 of the following11 (1) Except as provided in subdivision (e) nominal damages of12 one thousand dollars ($1000) In order to recover under this13 paragraph it shall not be necessary that the plaintiff suffered or14 was threatened with actual damages15 (2) The amount of actual damages if any sustained by the16 patient17 (c) (l) In addition any person or entity that negligently18 discloses medical information in violation of the provisions of this19 part shall also be liable irrespective of the amount of damages20 suffered by the patient as a result of that violation for an21 administrative fine or civil penalty not to exceed two thousand22 five hundred dollars ($2500) per violation23 (2) (A) Any person or entity other than a licensed health care24 professional who knowingly and willfully obtains discloses or25 uses medical information in violation of this part shall be liable26 for an administrative fine or civil penalty not to exceed twenty-five27 thousand dollars ($25000) per violation28 (B) Any licensed health care professional who knowingly and29 willfully obtains discloses or uses medical information in violation30 of this part shall be liable on a first violation for an administrative31 fine or civil penalty not to exceed two thousand five hundred32 dollars ($2500) per violation or on a second violation for an33 administrative fine or civil penalty not to exceed ten thousand34 dollars ($10000) per violation or on a third and subsequent35 violation for an administrative fine or civil penalty not to exceed

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twenty-five thousand dollars ($25000) per violation Nothing inthis subdivision shall be construed to limit the liability of a healthcare service plan a contractor or a provider of health care that isnot a licensed health care professional for any violation of thispart

(3) (A) Any person or entity other than a licensed health careprofessional who knowingly or willfully obtains or uses medicalinformation in violation of this part for the purpose of financialgain shall be liable for an administrative fine or civil penalty notto exceed two hundred fifty thousand dollars ($250000) perviolation and shall also be subject to disgorgement of any proceedsor other consideration obtained as a result of the violation

(B) Any licensed health care professional who knowingly andwillfully obtains discloses or uses medical information in violationofthis part for financial gain shall be liable on a first violation foran administrative fine or civil penalty not to exceed five thousanddollars ($5000) per violation or on a second violation for anadministrative fine or civil penalty not to exceed twenty-fivethousand dollars ($25000) per violation or on a third andsubsequent violation for an administrative fine or civil penalty notto exceed two hundred fifty thousand dollars ($250000) perviolation and shall also be subject to disgorgement of any proceedsor other consideration obtained as a result ofthe violation Nothingin this subdivision shall be construed to limit the liability of ahealth care service plan a contractor or a provider of health carethat is not a licensed health care professional for any violation ofthis part

(4) Nothing in this subdivision shall be construed as authorizingan administrative fine or civil penalty under both paragraphs (2)and (3) for the same violation

(5) Any person or entity who is not permitted to receive medicalinformation pursuant to this part and who knowingly and willfullyobtains discloses or uses medical information without writtenauthorization from the patient shall be liable for a civil penalty notto exceed two hundred fifty thousand dollars ($250000) perviolation

(d) In assessing the amount of an administrative fine or civilpenalty pursuant to subdivision (c) the Office of HealthInformation Integrity licensing agency or certifying board orcourt shall consider anyone or more of the relevant circumstances

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presented by any of the parties to the case including but not limitedto the following

(1) Whether the defendant has made a reasonable good faithattempt to comply with this part

(2) The nature and seriousness of the misconduct(3) The harm to the patient enrollee or subscriber(4) The number of violations(5) The persistence of the misconduct(6) The length of time over which the misconduct occurred(7) The willfulness of the defendants misconduct(8) The defendants assets liabilities and net worth(e) (1) In an action brought by an individual pursuant to

subdivision (b) on or after January 12012 the court shall awardany actual damages and reasonable attorneys fees and costs butmay not award nominal damages for a violation of this part if thedefendant establishes all of the following as an affirmative defense

(A) The defendant is a covered entity as defined in Section160103 of Title 45 of the Code of Federal Regulations

(B) The defendant has complied with any obligations to notifyall persons entitled to receive notice regarding the release of theinformation or records

(C) The release of confidential information or records was solelyto another covered entity

(D) The defendant took appropriate preventive actions to protectthe confidential information or records against release retentionor use by any person or entity other than the covered entity thatreceived the information or records including but not limited to

(i) Developing and implementing security policies andprocedures

(ii) Designating a security official who is responsible fordeveloping and implementing its security policies and proceduresincluding educating and training the workforce

(iii) Encrypting the information or records and protectingagainst the release or use of the encryption key and passwords ortransmitting the information or records in a manner designed toprovide similar protections against improper disclosures

(E) The defendant took appropriate corrective action after therelease of the confidential records or information and the coveredentity that received the information or records immediatelydestroyed or returned the information or records

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(F) The covered entity that received the confidential informationor records did not retain use or release the information or records

(G) The defendant has not Ifeviettsl) vielateti this IMt ef inthe eettrls tiisefetieft tieslite the Ifief vielatieftbeenfound liablefor a violation of this part within the three years preceding thealleged violation or the court determines that application of theaffirmative defense is found to be compelling and consistent withthe purposes ofthis section to promote reasonable conduct in lightof all the facts

(2) In an action under this subdivision a plaintiff shall beentitled to recover reasonable attorneys fees and costs withoutregard to an award of actual or nominal damages

(3) A defendant shall not be liable for more than one judgmenton the merits for a violation of this subdivision

(f) (1) The civil penalty pursuant to subdivision (c) shall beassessed and recovered in a civil action brought in the name of thepeople of the State of California in any court of competentjurisdiction by any of the following

(A) The Attorney General(B) Any district attorney(C) Any county counsel authorized by agreement with the

district attorney in actions involving violation of a countyordinance

(D) Any city attorney of a city(E) Any city attorney of a city and county having a population

in excess of 750000 with the consent of the district attorney(F) A city prosecutor in any city having a full-time city

prosecutor or with the consent of the district attorney by a cityattorney in any city and county

(G) The Director of the Office of Health Information Integritymay recommend that any person described in subparagraphs (A)to (F) inclusive bring a civil action under this section

(2) If the action is brought by the Attorney General one-halfofthe penalty collected shall be paid to the treasurer of the countyin which the judgment was entered and one-half to the GeneralFund If the action is brought by a district attorney or countycounsel the penalty collected shall be paid to the treasurer of thecounty in which the judgment was entered Except as provided inparagraph (3) if the action is brought by a city attorney or cityprosecutor one-half of the penalty collected shall be paid to the

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1 treasurer of the city in which the judgment was entered and one-half2 to the treasurer of the county in which the judgment was entered3 (3) If the action is brought by a city attorney of a city and4 county the entire amount of the penalty collected shall be paid to5 the treasurer of the city and county in which the judgment was6 entered7 (4) Nothing in this section shall be construed as authorizing8 both an administrative fine and civil penalty for the same violation9 (5) Imposition of a fine or penalty provided for in this section

10 shall not preclude imposition of any other sanctions or remedies11 authorized by law12 (6) Administrative fines or penalties issued pursuant to Section13 128015 of the Health and Safety Code shall offset any other14 administrative fine or civil penalty imposed under this section for15 the same violation16 (g) For purposes of this section knowing and willful shall17 have the same meanings as in Section 7 of the Penal Code18 (h) No person who discloses protected medical information in19 accordance with the provisions of this part shall be subject to the20 penalty provisions of this part

o

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AB 518 Assembly Bill Status Page I of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPICHOUSE+LAST

AB No 518Wagner

Elder and dependentLOCATION SENAMENDED DATE

adult abuse mandated reporters

03232011

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATION

06062011In committee Hearing postponed by committee

SEN BANKING AND FINANCIAL INSTITUTIONS

TITLE An act to repeal Section 7480 of the Government Codeand to amend Section 156301 of and to amend and repealSections 15633 15634 15640 and 156555 of theWelfare and Institutions Code relating to elder anddependent adult abuse

httpwwwleginfocagovpubll-12Ibillasmab_ 0501-0550ab_518_bill_2011 0615_status 652012

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AMENDED IN ASSEMBLY MARCH 23 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 518

Introduced by Assembly Member Wagner

February 152011

Aft aet to amend Seetion 156301 of the Welfare and InstittttionsCode relating to elder abtlse An act to repeal Section 7480 of theGovernment Code and to amend Section 156301 of and to amend andrepeal Sections 15633 15634 15640 and 156555 of the Welfare andInstitutions Code relating to elder and dependent adult abuse

LEGISLATIVE COUNSELS DIGEST

AB 518 as amended Wagner Elder and dependent adult abusemandated reporters

Existing law the Elder Abuse and Dependent Adult Civil ProtectionAct establishes procedures for the reporting investigation andprosecution of elder and dependent adult abuse including but notlimited to financial abuse as defined These procedures require personsdefined as mandated reporters to report known or suspected instancesof elder or dependent adult abuse A violation of the reportingrequirements by a mandated reporter is a misdemeanor Existing lawwhich will be repealed on January 12013 defines who is a mandatedreporter of suspected financial abuse of an elder or dependent adult Aviolation ofthe financial abuse reporting requirements is subject to civilpenalties

This bill would delete the January 1 2013 repeal date and makeconforming changes

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

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The people of the State of California do enact asfollows

1 SECTION 1 Section 7480 of the Government Code as2 amended by Section 2 of Chapter 234 of the Statutes of 2008 is3 repealed4 7480 Nothing in this ehapter prohibits an) of the following

(a) The dissemination of an) finaneial information that is not6 identified with or identifiable as being deri ved from the fiftMleial7 reeords of a partietllar etlstomer8 (b) When any poliee or sheriffs department or distriet attorney9 in this state eertines to a bank eredit tlftion or savin-gsassoeiation

in 4vritingthat a erime report has been filed that involves the11 alleged fratldttlent tlse of drafts eheeks or other orders drawfl12 tlJon MtY bank eredit tlftion or Sltv ings assoeiation in this state13 the poliee or sheriffs department or distriet attomey a eotlnty14 adttlt proteeti-ve sen iees oftiee 4vhen investigating the finaneial

abttse of an elder or dependent adttlt or a long term eare16 ombttdsman when investigating the finaneial abttse of an elder or17 dependent adttlt rna reqtlest a bank eredit tlftion or savings18 assoeiation to fttmish and a bank eredit tlftion or savings19 assoeiation shall fttmish a statement setting forth the folIowing

information with respeet to a etlstomer aeeotlnt speeified b) the21 reqttesting parry for a period 30 da s prior to and tlJ to 30 da) s22 following the date ofoeetnTenee of the alleged illegal aet invohin-g23 the aeeotlftt24 (1) The Itttftlber of items dishonored

(2) The nttmber of items paid that ereated Oierdrafts26 (3) The dollar volttme of the dishonored items and items paid27 whieh ereated overdrafts and a statement explaining an) eredit28 atTangementbetween the bank eredit tlftion or savin-gsassoeiation29 and etlstomer to pa) 0verdrafts

(4) The dates and amotlnts of deposits and debits and the aeeotlftt31 balanee on these dates32 (5) A eoJry of the signattlre eard inelttding the signattlre and33 an) addresses appearing on a etlstomers signattlre eard34 (6) The date the aeeottnt opened and ifapplieable the date the

aeeotlnt elosed36 (7) A bank eredit tlftion or saTvingsassoeiation that proiides37 the reqtlesting part) vvith eopies of one or more eomplete aeeottnt

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the taxpa er (2) the (iireet deposit refund bullbullas not rettlmed to theFranehise Tax Board and (3) the remnd TnaSdeposited direetlyon a speeifled date into the aeeotlftt of an aeeotmtholder of theflnaneial instittttion bullbullho bullbullas not entitled to reeei v e the refttndthen the flnaneial instittttion shall fttntish to the Franehise TaxBoard the name and address ofan eoo w ner eosigtter or an otherperson bullbullho had aeeess to the mnds in the aeeotlttt follo bullbulling thedate ofdiIeet deposit refund or if the aeeotmt has been dosed thename and address of the person bullbullho dosed the aeeOtlftt

(s) This seetion shall beeome operati v e on Jaftttary 1 2013SECTION 1SEC 2 Section 156301 of the Welfare and Institutions Code

is amended to read156301 (a) As used in this section mandated reporter of

suspected financial abuse of an elder or dependent adult meansall officers and employees of financial institutions

(b) As used in this section the term financial institution meansany of the following

(l) A depository institution as defined in Section 3(c) of theFederal Deposit Insurance Act (12 USC Sec 1813(c))

(2) An institution-affiliated party as defined in Section 3(u) ofthe Federal Deposit Insurance Act (12 USC Sec 1813(u))

(3) A federal credit union or state credit union as defined inSection 101 ofthe Federal Credit Union Act (12 USC Sec 1752)including but not limited to an institution-affiliated party of acredit union as defined in Section 206(r) of the Federal CreditUnion Act (12 USc Sec 1786(r))

(c) As used in this section financial abuse has the samemeaning as in Section 1561030

(d) (l) Any mandated reporter of suspected financial abuse ofan elder or dependent adult who has direct contact with the elderor dependent adult or who reviews or approves the elder ordependent adults financial documents records or transactionsin connection with providing financial services with respect to anelder or dependent adult and who within the scope of his or heremployment or professional practice has observed or hasknowledge of an incident that is directly related to the transactionor matter that is within that scope of employment or professionalpractice that reasonably appears to be financial abuse or whoreasonably suspects that abuse based solely on the information

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before him or her at the time of reviewing or approving thedocument record or transaction in the case of mandated reporterswho do not have direct contact with the elder or dependent adultshall report the known or suspected instance of financial abuse bytelephone immediately or as soon as practicably possible and bywritten report sent within two working days to the local adultprotective services agency or the local law enforcement agency

(2) When two or more mandated reporters jointly haveknowledge or reasonably suspect that financial abuse of an elderor a dependent adult for which the report is mandated has occurredand when there is an agreement among them the telephone reportmay be made by a member of the reporting team who is selectedby mutual agreement A single report may be made and signed bythe selected member of the reporting team Any member of theteam who has knowledge that the member designated to report hasfailed to do so shall thereafter make that report

(3) If the mandated reporter knows that the elder or dependentadult resides in a long-term care facility as defined in Section1561047 the report shall be made to the local ombudsman or locallaw enforcement agency

(e) An allegation by the elder or dependent adult or any otherperson that financial abuse has occurred is not sufficient to triggerthe reporting requirement under this section if both of the followingconditions are met

(1) The mandated reporter of suspected financial abuse of anelder or dependent adult is aware of no other corroborating orindependent evidence of the alleged financial abuse of an elder ordependent adult The mandated reporter of suspected financialabuse of an elder or dependent adult is not required to investigateany accusations

(2) In the exercise of his or her professional judgment themandated reporter of suspected financial abuse of an elder ordependent adult reasonably believes that financial abuse of anelder or dependent adult did not occur

(f) Failure to report financial abuse under this section shall besubject to a civil penalty not exceeding one thousand dollars($1000) or if the failure to report is willful a civil penalty notexceeding five thousand dollars ($5000) which shall be paid bythe financial institution that is the employer of the mandated

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reporter to the party bringing the action Subdivision (h) of Section15630 shall not apply to violations of this section

(g) (1) The civil penalty provided for in subdivision (f) shallbe recovered only in a civil action brought against the financialinstitution by the Attorney General district attorney or countycounsel No action shall be brought under this section by anyperson other than the Attorney General district attorney or countycounsel Multiple actions for the civil penalty may not be broughtfor the same violation

(2) Nothing in the Financial Elder Abuse Reporting Act of2005shall be construed to limit expand or otherwise modify any civilliability or remedy that may exist under this or any other law

(h) As used in this section suspected financial abuse of anelder or dependent adult occurs when a person who is requiredto report under subdivision (a) observes or has knowledge ofbehavior or unusual circumstances or transactions or a pattern ofbehavior or unusual circumstances or transactions that would leadan individual with like training or experience based on the samefacts to form a reasonable belief that an elder or dependent adultis the victim of financial abuse as defined in Section 1561030

(i) Reports of suspected financial abuse of an elder or dependentadult made by an employee or officer of a financial institutionpursuant to this section are covered under subdivision (b) of Section47 of the Civil Code

SEC 3 Section 15633 of the Welfare and Institutions Codeas amended by Section 5 of Chapter 140 of the Statutes of 2005is amended to read

15633 (a) The reports made pursuant to Sections 15630156301 and 15631 shall be confidential and may be disclosedonly as provided in subdivision (b) Any violation of theconfidentiality required by this chapter is a misdemeanorpunishable by not more than six months in the county jail by afine of five hundred dollars ($500) or by both that fine andimprisonment

(b) Reports of suspected abuse of an elder or dependent adultand information contained therein may be disclosed only to thefollowing

(1) Persons or agencies to whom disclosure of information orthe identity of the reporting party is permitted under Section156335

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(2) (A) Persons who are trained and qualified to serve onmultidisciplinary personnel teams may disclose to one anotherinformation and records that are relevant to the preventionidentification or treatment of abuse of elderly or dependentpersons

(B) Except as provided in subparagraph (A) any personnel ofthe multidisciplinary team or agency that receives informationpursuant to this chapter shall be under the same obligations andsubject to the same confidentiality penalties as the persondisclosing or providing that information The information obtainedshall be maintained in a manner that ensures the maximumprotection of privacy and confidentiality rights

(c) This section shall not be construed to allow disclosure ofany reports or records relevant to the reports of abuse of an elderor dependent adult if the disclosure would be prohibited by anyother provisions of state or federal law applicable to the reports orrecords relevant to the reports of the abuse nor shall it be construedto prohibit the disclosure by a financial institution of any reportsor records relevant to the reports of abuse of an elder or dependentadult if the disclosure would be required of a financial institutionby otherwise applicable state or federal law or court order

(d) This seetion shall remain in dIcet on) tmtilJantmry I 2813and as of that date is repealed unless a later enaeted statute thatis enaeted before JMlt1ary12813 deletes or extends that date

SEC 4 Section 15633 of the Welfare and Institutions Codeas added by Section 6 of Chapter 140 of the Statutes of 2005 isrepealed

15633 (a) The leports made ptlrstlMlt to Seetions 15638 and15631 shall be eonndential and may be diselosed on) as pro videdin stlbdivision (b) AIl) violation of the eonfidetttialrt reqtliredbythis ehapter is a misdemeanor ptlnishable bynot more than sixmoftths in the eounry jail b)l a nne ofn Vehundred dollars ($588)or byboth that nne and imprisonment

(b) Reports of stlspeeted elder 01 dependent adttlt abttse andinfenmation eontained therein may be diselosed only to thefollo vving

(1) Persons or ageneies to vvhomdiselostlfe of information orthe identity of the reporting pMty is permitted tlnder Seetion156335

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(2) EA) Persems who Me trftined Md qtlftlified to sene onmtlltidiseiplinftfjf persoflftel teftll1smfty diselose to one Mlotherinfermtttion Md reeords thftt Me relevflnt to the preventionidentifiefttion or trefttment of ftbttse of elderly or dependentpersons

EB) Exeept ftSpro vided in SMpMftgrftph EA) Mly personnel ofthe ftltlltidiseiplinftry teftftl or ftgeney thftt reeeives informfttionptlrstlftnt to this ehflPtel shftH he tinder the sftme ohligfttions ftndsttbjeet to the sftme eonfidentiftlity penftlties ftS the pelsondisdosing or pro viding thftt infermfttion The informfttion ohtftinedshftH he mftintftined in ft ftlftflfter thftt enstlfes the ftlftXimttmproteetion ofprivftey ftnd eonfidentiftlity rights

Ee) This seetion shftH not he eonstftled to ftHo diselostlfe ofMy reports or reeords rde vMit to the reports of elder or dependentftdttlt ftbttse if the disdostlfe votlld he prohibited hy My other110visions of stftte or federftllft bullbull ftppliefthle to the reports or reeordsrele vftnt to the reports of the flbttse

Ed) This seetion shftH heeome operftti ve on Jftntlftry I 2013SEC 5 Section 15634 of the Welfare and Institutions Code

as amended by Section 7 of Chapter 140 of the Statutes of 2005is amended to read

15634 (a) No care custodian clergy member healthpractitioner mandated reporter of suspected financial abuse of anelder or dependent adult or employee of an adult protectiveservices agency or a local law enforcement agency who reports aknown or suspected instance of abuse of an elder or dependentadult shall be civilly or criminally liable for any report requiredor authorized by this article Any other person reporting a knownor suspected instance of abuse of an elder or dependent adult shallnot incur civil or criminal liability as a result of any reportauthorized by this article unless it can be proven that a false reportwas made and the person knew that the report was false No personrequired to make a report pursuant to this article or any persontaking photographs at his or her discretion shall incur any civil orcriminal liability for taking photographs of a suspected victim ofabuse of an elder or dependent adult or causing photographs to betaken of such a suspected victim or for disseminating thephotographs with the reports required by this article Howeverthis section shall not be construed to grant immunity from thisliability with respect to any other use of the photographs

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(b) No care custodian clergy member health practitionermandated reporter of suspected financial abuse of an elder ordependent adult or employee of an adult protective services agencyor a local law enforcement agency who pursuant to a request froman adult protective services agency or a local law enforcementagency investigating a report of known or suspected abuse of anelder or dependent adult provides the requesting agency withaccess to the victim of a known or suspected instance of abuse ofan elder or dependent adult shall incur civil or criminal liabilityas a result of providing that access

(c) The Legislature finds that even though it has providedimmunity from liability to persons required to report abuse of anelder or dependent adult immunity does not eliminate thepossibility that actions may be brought against those persons basedupon required reports of abuse In order to further limit the financialhardship that those persons may incur as a result of fulfilling theirlegal responsibilities it is necessary that they not be unfairlyburdened by legal fees incurred in defending those actionsTherefore a care custodian clergy member health practitioneror an employee of an adult protective services agency or a locallaw enforcement agency may present to the StMe B6Md 6pound C6ntr61California Victim Compensation and Government Claims Boarda claim for reasonable fttt6meys attorneys fees incurred in anyaction against that person on the basis of making a report requiredor authorized by this article if the court has dismissed the actionupon a demurrer or motion for summary judgment made by thatperson or if he or she prevails in the action The StMe B6ftrd 6fC6ntr61 California Victim Compensation and Government ClaimsBoard shall allow that claim if the requirements ofthis subdivisionare met and the claim shall be paid from an appropriation to bemade for that purpose Att6mey s Attorneys fees awarded pursuantto this section shall not exceed an hourly rate greater than the ratecharged by the Attorney General at the time the award is madeand shall not exceed an aggregate amount of fifty thousand dollars($50000) This subdivision shall not apply if a public entity hasprovided for the defense of the action pursuant to Section 995 ofthe Government Code

(d) This seeti6n shftll remftin in dfeet 6ttly tmtil J8fttlfll)1 2013ftnd ftS6pound thftt dMe is repeftled wIess ft IMer enfteted stMute thMis en8eted before Jftftt18ry12013 deletes 6r extends thM dMe

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SEC 6 Section 15634 of the Welfare and Institutions Codeas amended by Section 711 ojChapter 538 of the Statutes oj2006is repealed

15634 eft) No eMe etlstodimt ele~ member hea-lthpraetitioner or employee of an adttlt proteeti-ve serviees ageneyor a loeal larn enforeement ageney who reports a lrnown orsttspeeted instanee of elder or dependent adtllt abtlse shaHbe eiviHyor eriminalry liable for any report reqttired or attthorizedby thisartiele Any other peIson reporting a lrnOWfior stlspeeted instaneeof elder or dependeItt adttIt abtlse shall not inettr ei vil or eriminalliability as a restllt of any report attthorizedby this artiele ttnlessit ean be pro ven that a false report was made and the person knewthat the report vvasrelse gteJoperson reqtlired to make a reportptlrstlant to this artiele or any person taking photographs at his orher diseretion shall inettr any eivii or eriminalliability fer takingphotographs of a stlspeeted vietim of elder or dependent adtlltabtlse or eattsing photographs to be taken of the stlspeeted vietimor fOIdisseminating the photographs with the reports reqtlired bythis artiele However this seetion shall not be eonstmed to gIantimmttnity from this liability vvithrespeet to any other tlse of thephotographs

(b) No eMe etlstodian el~ member health praetitioner oremployee of an adtlIt proteetive seniees ageney or a loea-l lawenfereemeItt ageney who pttrsttant to a reqtlest from an adttltproteeti-ie seniees ageney or a loeal lavI enforeemeItt ageneyinvestigating a report of lrnOViftor stlspeeted elder or dependentadtllt abtlse proides the reqtlesting ageney with aeeess to thevietim of a lrnovvnor stlspeeted instanee of elder or dependeIttadttlt abtlse shall inettr eiviI or eriminal liability as a restlIt ofpro viding that aeeess

ee) The Legislatttre finds that even thOtlgh it has pIOvidedimmtlnity from liability to peIsons reqtlired to report elder ordependent mit abttse immtlIlity does not eliminate the possibilitythat aetions may be brotlght agamst those persons based tlJ0nreqtlired reports of abtlse In order to fttrther limit the finaneialhardship that those persons may inettr as a resttIt offttlfilling theirlegal responsibilities it is neeessary that they not be tlftreirlybttrdened by legal fees inetlffed in defending those aetionsTherefore a eMeetlstodian ele~ member health praetitioneror employee ofan adttlt proteetive seniees ageney or a loeallffi7t

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enfOieement agene)l ma) present to the CalifeJmia VietimCempensatien and Geemment Claims BeMd a elaim feJrreasenable atteme)s fees inetJifedin any aetien agffinstthat persenen the basis efmMcinga repert reqtlired er attth6rizedb)l this Mtieleif the eeM has dismissed the aetien t1pen a demtlffer el metienfur sttmillM)lj tldgment made b that persen el ifhe er she preailsin the aetien The Califumia Vietim Cempensatien andGeemment Claims Beard shall allew that ehtim if thereqtlirements ef this sttbdi isien Me met and the elaim shall bepaid fl6man fllprepriatien te be made fur that ptllpese Atteme) sfees aarded ptliStlMltto this seetien shall net exeeedan hetlilyrate greater than the late eharged b the Attemey General at thetime the aard is made and sh8llnet exeeedan aggregate amettllteffitty thetlsanBdellMs ($50000) This sttbdF isien shall net applyif a pttblie enti) has pmbullided fer the defense ef the aetien ptlistlantte Seetien 995 ef the Ge emment Cede

(6) This seetien shall beeeme eperatie en JMttlM)12013SEC 7 Section 15640 of the Welfare and Institutions Code

as amended by Section 9 of Chapter 140 of the Statutes of2005is amended to read

15640 (a) (1) An adult protective services agency shallimmediately or as soon as practically possible report by telephoneto the law enforcement agency having jurisdiction over the caseany known or suspected instance of criminal activity and to anypublic agency given responsibility for investigation in thatjurisdiction of cases of elder and dependent adult abuse everyknown or suspected instance of abuse pursuant to Section 15630or 156301 of an elder or dependent adult A county adult protectiveservices agency shall also send a written report thereof within twoworking days of receiving the information concerning the incidentto each agency to which it is required to make a telephone reportunder this subdivision Prior to making any cross-report ofallegations of financial abuse to law enforcement agencies anadult protective services agency shall first determine whether thereis reasonable suspicion of any criminal activity

(2) If an adult protective services agency receives a report ofabuse alleged to have occurred in a long-term care facility thatadult protective services agency shall immediately inform theperson making the report that he or she is required to make thereport to the long-term care ombudsman program or to a local law

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-19- AB518

enforcement agency The adult protective services agency shallnot accept the report by telephone but shall forward any writtenreport received to the long-term care ombudsman

(b) If an adult protective services agency or local lawenforcement agency or ombudsman program receiving a report ofknown or suspected elder or dependent adult abuse determinespursuant to its investigation that the abuse is being committed bya health practitioner licensed under Division 2 (commencing withSection 500) of the Business and Professions Code or any relatedinitiative act or by a person purporting to be a licensee the adultprotective services agency or local law enforcement agency orombudsman program shall immediately or as soon as practicallypossible report this information to the appropriate licensingagency The licensing agency shall investigate the report in lightof the potential for physical harm The transmittal of informationto the appropriate licensing agency shall not relieve the adultprotective services agency or local law enforcement agency orombudsman program of the responsibility to continue its owninvestigation as required under applicable provisions of law Theinformation reported pursuant to this paragraph shall remainconfidential and shall not be disclosed

(c) A local law enforcement agency shall immediately or assoon as practically possible report by telephone to the long-termcare ombudsman program when the abuse is alleged to haveoccurred in a long-term care facility or to the county adultprotective services agency when it is alleged to have occurredanywhere else and to the agency given responsibility for theinvestigation of cases of elder and dependent adult abuse everyknown or suspected instance of abuse of an elder or dependentadult A local law enforcement agency shall also send a writtenreport thereof within two working days of receiving the informationconcerning the incident to any agency to which it is required tomake a telephone report under this subdivision

(d) A long-term care ombudsman coordinator may report theinstance of abuse to the county adult protective services agencyor to the local law enforcement agency for assistance in theinvestigation of the abuse if the victim gives his or her consent Along-term care ombudsman program and the Licensing andCertification Division ofthe State Department ofIIealth SeI ieesPublic Health shall immediately report by telephone and in writing

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AB518 -20-

1 within two working days to the bureau any instance of neglect2 occurring in a health care facility that has seriously harmed any3 patient or reasonably appears to present a serious threat to the4 health or physical well-being of a patient in that facility If a victim5 or potential victim of the neglect withholds consent to being6 identified in that report the report shall contain circumstantial7 information about the neglect but shall not identify that victim or8 potential victim and the bureau and the reporting agency shall9 maintain the confidentiality of the report until the report becomes

lOa matter of public record11 (e) When a county adult protective services agency a long-term12 care ombudsman program or a local law enforcement agency13 receives a report of abuse neglect or abandonment of an elder or14 dependent adult alleged to have occurred in a long-term care15 facility that county adult protective services agency long-term16 care ombudsman coordinator or local law enforcement agency17 shall report the incident to the licensing agency by telephone as18 soon as possible19 (f) County adult protective services agencies long-term care20 ombudsman programs and local law enforcement agencies shall21 report the results of their investigations of referrals or reports of22 abuse to the respective referring or reporting agencies23 Eg) This seeti6n shall remain in dIcet 6ny tlfttilJ~ 1201324 and as 6f that date is repealed unless a later enaeted stMttte that25 is enaeted bef6re Janttary 12013 deletes 6r extends that date26 SEC 8 Section 15640 of the Welfare and Institutions Code27 as added by Section 10 of Chapter 140 of the Statutes of 2005 is28 repealed 29 15640 Ea) E1) An adult pr6teeti e sen iees ageney shall30 immediate) 6r as S66nas praetieal) p6ssible rep6rt 0 te1eph6ne31 t6 the la~ enf6reement ageney haing jttrisdieti6n 6er the ease32 an kntMfl6r suspeeted instanee 6f eriminal aeth it) and t6 any33 pttblie agene gien resp6nsibilit) f6r illestigMi6n in that34 jurisdieti6n 6f eases 6f elder and dependent adttlt abuse eery35 kfl6n6r suspeeted instanee 6f aetlse purstlant t6 Seeti6n 1563036 6f an elder 6r dependent adttlt A e6t11ltyadttlt pr6teeti e sen iees37 ageney shall als6 send a TV ritten rep6rt there6f Vv ithin ti 6 V 6rking38 days 6f reeeiving the inwrmati6n e6neeming the ineident t6 eaeh39 ageney t6 vv hieh it is reqtlired t6 make a teleph6ne Iep6rt tlftder40 this subdiisi6n Pri6r t6 making an er6SSIep6rt 6f allegati6ns

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-21- AB518

offilumeial abttse to lavvenforeemertt a-geneiesMladult proteetFesen iees agene) shaH first determine whether there is reasonablesuspieion of tmJ eriminM aeti vit

(2) If an adult proteeti ve sen iees agene) reeei ves a report ofabttse alleged to ha ve oeettlTed in a long teml eare faeilit) thatadttlt proteeti ve sen iees ageney shall immediate) infoml theperson making the report that he or she is required to make thereport to the long term eare ombttdsman program 01 to aloeallawenforeemertt a-geneyThe adttlt proteeti ve sen iees agene) shallnot aeeept the report b) telephone btlt shall fonvMd flit) vvTittenreport leeehed to the long teml eare ornbtldsman

(b) If an adtllt proteetive seniees ageney or loeal lawenforeement agene) or ornbtldsman program reeei vinga report ofkftovm or stlspeeted elder or dependent adttlt MtlSe determinespttrstlartt to its inYestigationthat the flbttseis being eommitted bya health 11aetitioner lieensed tlftder Division 2 (eonJffieneingwithSeetion 500) of the Btlsiness flftdProfessions Code or flit) lelatedinitiatiye aet or by a person ptlrporting to be a lieensee the adtlltproteetive seniees a-gene) or loeallaw enforeement agene) orombttdsman program shall immediate) or as soon as praetieall)possible report this mformation to the appropriate lieensingagene) The lieensing agene) shall investigate the report in lightof the poterttial fur ph) sieal hamlThe trMlsmittfllof informationto the appropriate lieensing agene) shall not relieve the adtlltproteethe serviees agene) or loeallaw enforeement agene) orornbtldsmflft program of the responsibility to eorttinue its 0~vninvestigation as reqttired tlftder applieable provisions of law Theinformation reported pttrstlant to this paragraph shall remaineoniiderttial flItdshfl11not be diselosed

(e) A loealla bullbull enforeement agefte) shall immediate) or assoon as praetieal) possible report b) telephone to the long termeare ombtldsman program bullbullhen the abtlse is alleged to haveoeetllTed in a long term eare faeilit) or to the eotlnt) adttltproteetive seniees agene) bullbullhen it is alleged to have oeeUlfedan) vvhere else flftd to the agene) gh en responsibilit) for theinvestigation of eases of elder and dependent adttlt abtlse everykftovm or stlspeeted instflftee of MtlSe of an elder or dependerttadttlt A loeallaw enforeement ageney shall also send a Ylfittenreport thereof bullbullithin ftv0 vvorking dfl)s ofreeei ving the infomlation

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AB518 -22-

eoneeming the ineident to an agenC) to vvhieh it is reqtlired toftutke a telephone report tlIlderthis stlbdh ision

Ed) A long tenn eare ombttdsman eoordinator mll) report theinstlllleeof abtlse to the eot1llryadttlt proteetive seniees ageneyor to the loeal la bullbull enforeement agenC) for assistlllleein theinvestigationof the abttse if the vietim gives his or her eonsent Along tenn eMe ombtldsmllllprogram llIldthe Lieensing llIldCertifieation Division of the State DepMtment ofIIealth Senieesshall immediately report b telephone llIldin vvriting vvithin hiv0tv orkingdll) s to the bm eatl an instlllleeof negleet oeet1ffingin ahealth eare faeiliry that has seriotlsl hMmed an patient orreasonably appeMs to present a seriotls threat to the health orph sieal vvell being of a patient in that ffteiliry If a J ietim orpotential TV ietim of the neglect vithholds eonsent to being identifiedin that report the report shall eontain eirettmstlllltialinformationabom the negleet bm shall not identif) that vietim or potentialvietim and the bttreatl llIldthe reporting agenC) shall maintain theeoniidentialiry of the report tlntil the report beeomes a matter ofptlblie reeord

Ee) hen a eotlllryadttlt proteeti ve sen iees agenC) a long termeare ombtldsman program or a loeal la enforeement ageneyreeeives a report ofabttse negleet or ablllldonmentofllllelder ordependent adttlt alleged to have oeet1ffedin a long term earefaeiliry that eotlnty adtllt proteeti ve sen iees agenC) long termeare ombtldsmlllleoordinator or loeallavv enforeement ageneyshall report the ineident to the lieensing agene b telephone assoon as possible

ED COtl1lt)adtllt proteetive seniees ageneies long term eareombttdsman programs and 10ea1lavvenforeement ageneies shallreport the restllts of their investigations of referrals or reports ofabtlse to the respeetive referring or reporting ageneies

Eg) This seetion shall beeome operative on JllIlt1flry12013SEC 9 Section 156555 of the Welfare and Institutions Code

as amended by Section 11 of Chapter 140 of the Statutes of 2005is amended to read

156555 A county adult protective services agency shallprovide the organizations listed in paragraphs (v) (w) and (x) ofSection 1561017 and mandated reporters of suspected financialabuse of an elder or dependent adult pursuant to Section 156301with instructional materials regarding abuse and neglect of an elder

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1 or dependent adult and their obligation to report under this chapter2 At a minimum the instructional materials shall include the3 following4 (a) An explanation of abuse and neglect of an elder or dependent

adult as defined in this chapter6 (b) Information on how to recognize potential abuse and neglect7 of an elder or dependent adult8 (c) Information on how the county adult protective services9 agency investigates reports of known or suspected abuse and

neglect11 (d) Instructions on how to report known or suspected incidents12 of abuse and neglect including the appropriate telephone numbers13 to call and what types of information would assist the county adult14 protective services agency with its investigation of the report

(e) This seetion shall remain in eifcet only tlfttil Jflfttlttry 1 201316 and as of that date is repealed tmless a later enaeted stattlte that17 is enaeted before Jafttlttry 12013 deletes or extends that date18 SEC 10 Section 156555 of the Welfareand Institutions Code19 as amended by Section 712 of Chapter 538 of the Statutes of2006

is repealed21 156555 A eottftt) achtlt proteetive serviees agene) shall22 pmvide the organi2ations listed in paragraphs (v) (vv) and Ex) of23 Seetion 1561017 with instItletional materials regarding elder and24 dependent achtlt abtlse and negleet and their obligation to report

under this ehapter At a minimum the instruetional materials shall26 inelude the follovving27 (a) An explanation of elder and dependent achtlt abuse and28 negleet as defined in this ehapter29 (b) Information on how to reeogni2e potential elder and

dependent achtlt abuse and negleet31 (e) Information on ho vIthe eottftt) achtlt proteeti ve serv iees32 agene) investigates reports of knovm or suspeeted abuse and33 negleet34 (d) Instmetions on hovv to report ]movvn or suspeeted ineidents

of abuse and negleet ineltlding the appropriate telephone llt11llbers36 to eall and what rypes of information vvould assist the eount) adult37 proteetirv e sen iees agene) with its in (estigation of the report38 (e) This seetion shall beeome operati e on January I 20 13

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AB 608 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 608Pan

Health care coverage telemedicine

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to health care

httpwww1eginfocagovpubII-12Ibillasmab_0601-0650ab _608_ bill_ 20120201_status 652012

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AB 783 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 783AUTHOR(S) HayashiTOPIC Professional corporations licensed physical therapists

and occupational therapists+LAST AMENDED DATE 04072011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

COMMCOMMCOMM

HIST ACT DATEHIST ACTION

From committeeRule 62(a)

LOCATION SENACTION DATEACTION

06282011In committee Set second hearing Failed passagewithout further action pursuant to Joint

LASTLAST

BUSINESS PROFESSIONS AND ECONOMIC DEVELOPMENT06272011

Set second hearing Failed passage in Committee

TITLE An act to amend Section 2406 of the Business andProfessions Code and to amend Section 134015 of theCorporations Code relating to professional corporations

httpwwwleginfocagovpub11-12billasmab_0751-0800ab_783_bill_20111115_status 652012

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AMENDED IN ASSEMBLY APRIL 7 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 783

Introduced by Assembly Member Hayashi

February 172011

An act to amend Section 2406 of the Business and Professions Codeand to amend Section 134015 of the Corporations Code relating toprofcssiemal eorporations and deelaring the mgeney thereof to tttkeeffeet immediatelyprofessional corporations

LEGISLATIVE COUNSELS DIGEST

AB 783 as amended Hayashi Professional corporations licensedphysical therapists and occupational therapists

Existing law regulating professional corporations provides that certainhealing arts practitioners may be shareholders officers directors orprofessional employees of a medical corporation-er-a podiatric medicalcorporation or a chiropractic corporation subject to certain limitations

This bill would add licensed physical therapists and licensedoccupational therapists to the list of healing arts practitioners who maybe shareholders officers directors or professional employees of thosecorporations The bill would also make conforming changes to a relatedprovision

This bill vv otlld deelare that it is to take etteet immediately as anmgeney statttte

Vote -majority Appropriation no Fiscal committee noState-mandated local program no

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AB783 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 2406 of the Business and Professions2 Code is amended to read3 2406 A medical corporation or podiatry corporation is a4 corporation that is authorized to render professional services as

defined in Sections 13401 and 134015 ofthe Corporations Code6 so long as that corporation and its shareholders officers directors7 and employees rendering professional services who are physicians8 and surgeons psychologists registered nurses optometrists9 podiatrists chiropractors acupuncturists naturopathic doctors

physical therapists or in the case of a medical corporation only11 physician assistants marriage and family therapists or clinical12 social workers are in compliance with the Moscone-Knox13 Professional Corporation Act the provisions of this article and all14 other statutes and regulations now or hereafter enacted or adopted

pertaining to the corporation and the conduct of its affairs16 With respect to a medical corporation or podiatry corporation17 the governmental agency referred to in the Moscone-Knox18 Professional Corporation Act is the board19 SEC 2 Section 134015 of the Corporations Code is amended

to read21 134015 Notwithstanding subdivision (d) of Section 1340122 and any other provision of law the following licensed persons23 may be shareholders officers directors or professional employees24 of the professional corporations designated in this section so long

as the sum of all shares owned by those licensed persons does not26 exceed 49 percent ofthe total number of shares of the professional27 corporation so designated herein and so long as the number of28 those licensed persons owning shares in the professional29 corporation so designated herein does not exceed the number of

persons licensed by the governmental agency regulating the31 designated professional corporation32 (a) Medical corporation33 (1) Licensed doctors of podiatric medicine34 (2) Licensed psychologists

(3) Registered nurses36 (4) Licensed optometrists37 (5) Licensed marriage and family therapists38 (6) Licensed clinical social workers

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-3-

(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists(10) Naturopathic doctors(11) Licensed physical therapists(12)Licensed occupational therapists(b) Podiatric medical corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed optometrists(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(8) Licensed physical therapists(9) Licensed occupational therapists(c) Psychological corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Registered nurses(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed chiropractors(8) Licensed acupuncturists(9) Naturopathic doctors(d) Speech-language pathology corporation(1) Licensed audiologists(e) Audiology corporation(1) Licensed speech-language pathologists(t) Nursing corporation(l) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists

AB783

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AB783 -4-

(10) Naturopathic doctors(g) Marriage and family therapy corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed clinical social workers(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(h) Licensed clinical social worker corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed marriage and family therapists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(i) Physician assistants corporation(1) Licensed physicians and surgeons(2) Registered nurses(3) Licensed acupuncturists(4) Naturopathic doctorsG) Optometric corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(k) Chiropractic corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed acupuncturists(9) Naturopathic doctors

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-5- AB783

(10) Licensed physical therapists(11) Licensed occupational therapists(l) Acupuncture corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed physician assistants(9) Licensed chiropractors(10) Naturopathic doctors(m) Naturopathic doctor corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed physician assistants(5) Licensed chiropractors(6) Licensed acupuncturists(7) Licensed physical therapists(8) Licensed doctors of podiatric medicine(9) Licensed marriage family and child counselors(10) Licensed clinical social workers(11) Licensed optometrists(n) Dental corporation(1) Licensed physicians and surgeons(2) Dental assistants(3) Registered dental assistants(4) Registered dental assistants in extended functions(5) Registered dental hygienists(6) Registered dental hygienists in extended functions(7) Registered dental hygienists in alternative practiceSEC 3 This aet is Ml ttrgene statttte neeessary for the

immediatepresenation of the ptlblie peaee hettlihor saferyvvithinthe meMling of Miele IV of the Constittttion Mld shaHgo intoimmediate effeet The fftets eonstitttting the neeessiry Me

In order to 8t1thorizelieensed physieal therapists to beshareholders offieers mreetors or professional employees of

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1 memeal eorpofatiofts andpodiatrie medieal eorpofatiofts as soOft2 as possible it is fteeessary that this aet tftke dIeet immediately

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AB 800 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 800Huber

Boards and commissions time reporting

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to add Section 1156410 to the Government Coderelating to boards and commissions

httpwwwleginfocagovpubI11-12billasmlab_0751-0800ab _800_ bill_20120201_status 652012

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AB 958 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 958Bill Berryhill

Regulatory boards limitations periods

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to Art IV Sec 10(e) of theFrom committee Filed with the Chiefto Joint Rule 56BUSINESS PROFESSIONS AND CONSUMER PROTECTION

TITLE An act to add Section 1105 to and to repeal Sections16702 22305 296005 3137 375051 498205499032 5561 5661 76865 988420 and 98898 of theBusiness and Professions Code relating to regulatoryboards

httpwwwleginfocagovpub11-12lbillasmlab_0951-1 OOOab_958 _bill_ 20120202_ status 652012

AB 1003 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 1003Smyth

Professional and vocational licenses

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to professional and vocational licenses

httpwwwleginfocagovpubll-12Ibillasmlab_l00l-l 050ab_1003 _bill_2012020 I_statu 652012

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AB 1205 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1205AUTHOR(S) Bill BerryhillTOPIC Licensed behavior analysts+LAST AMENDED DATE 04042011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to amend Section 499018 of and to add Chapter52 (commencing with Section 252971) to Division 2 ofthe Business and Professions Code relating to healingarts

httpwwwleginfocagovpub11-12billasmab _120 1-1250ab_1205 _bill_20 120201_statu 652012

AB 1435 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1435AUTHOR(S) Dickinson (Coauthors Alejo Buchanan and Hill) TOPIC Child abuse reporting athletic personnelHOUSE LOCATION SEN+LAST AMENDED DATE OS252012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredState-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS for

LASTLAST

APPROPRIATIONSOS252012

Do pass as amendedAyes 17 Noes OOPASS

TITLE An act to amend Section 111657 of the Penal Coderelating to child abuse reporting

httpwww1eginfocagovpub11-12lbiIVasmab_140 1-1450ab _1435 _bill~0120601_statu 652012

AMENDED IN ASSEMBLY MAY 25 2012

AMENDED IN ASSEMBLY MARCH 21 2012

AMENDED IN ASSEMBLY MARCH 142012

AMENDED IN ASSEMBLY FEBRUARY 29 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1435

Introduced by Assembly Member Dickinson(Coauthors Assembly Members Alejo Buchanan and Hill)

January 4 2012

An act to amend Section 111657 of the Penal Code relating to childabuse reporting

LEGISLATIVE COUNSELS DIGEST

AB 1435 as amended Dickinson Child abuse reporting athleticpersonnel

Existing law the Child Abuse and Neglect Reporting Act requiresa mandated reporter as defined to report whenever he or she in his orher professional capacity or within the scope of his or her employmenthas knowledge of or observed a child whom the mandated reporterknows or reasonably suspects has been the victim of child abuse orneglect Failure to report an incident is a crime punishable byimprisonment in a county jail for a period of up to 6 months a fine ofup to $1000 or by both that imprisonment and fine

This bill would add athletic coaches athletic administrators andathletic directors employed by a public or private organization to thelist of individuals who are mandated reporters The bill otlld reqtlirean ptlblie or pri v ate orgflftizationernplo ing flftathletieeoaen Mhletie

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ftdministrator or Mhletie direetor to hftve provided initiftl trftining byJflfttlM) I 2014 on speeified mfttters relMing to ehiM a-bttse ftftdnegleetfor those employees On ftftd ftfter lftnuftry 12014 the bill vvottld reeJtlireinitiftl trftining to be pro vided IV ithin 6 months of the dMe ftn indi vidttftlbeeomes employed in thM eftlfteiry The bill vvouM require theseindividuftls to eomplete eontifttling tminmg every 2 yeMs

By imposing the reporting requirements on a new class of personsfor whom failure to report specified conduct is a crime ftftdby imposingne~ trftining reeJtlirements on publie oIgftfiiZMions ineluding loeftlgOvernment entities this bill would impose a state-mandated localprogram

The Cftlifomift Constittltion reqtlires the stMe to reimbtlfse loeftlftgeneies ftnd sehool distriets for eertftin eosts mftftdMed by the stftteStftttltory pItYvisions esffiblish proeedtlfes for mftkffigthftt reimbtlfsement

This bill hould pro vide thM 4vith regMd to eertftin mftftdfttes noIeimbtlfsement is reeJtlired by this ftet for ft speeified reftson

Vith regftM to ftny other mftndMeS this bill vv0tlM pro vide thM if theCommission on StMe ~bndtltes determines thM the bill eontftins eostsso mftndftted by the stftte reimbttIsement for those eosts shftll be mftdeptlfStlftnt to the stftttltory pro visions noted ttbo ve

The California Constitution requires the state to reimburse localagencies and school districts for certain costs mandated by the stateStatutory provisions establish procedures for making thatreimbursement

This bill would provide that no reimbursement is required by this actfor a specified reason

Vote majority Appropriation no Fiscal committee yesState-mandated local program yes

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 111657 of the Penal Code is amended2 to read3 111657 (a) As used in this article mandated reporter is4 defined as any of the following5 (1) A teacher6 (2) An instructional aide7 (3) A teachers aide or teachers assistant employed by any8 public or private schooL9 (4) A classified employee of any public schooL

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10

15

20

25

30

35

40

-3- AB 1435

1 (5) An administrative officer or supervisor of child welfare and2 attendance or a certificated pupil personnel employee of any public3 or private school4 (6) An administrator of a public or private day camp

(7) An administrator or employee of a public or private youth6 center youth recreation program or youth organization7 (8) An administrator or employee of a public or private8 organization whose duties require direct contact and supervision9 of children

(9) Any employee of a county office of education or the State11 Department of Education whose duties bring the employee into12 contact with children on a regular basis13 (10) A licensee an administrator or an employee of a licensed14 community care or child day care facility

(11) A Head Start program teacher16 (12) A licensing worker or licensing evaluator employed by a17 licensing agency as defined in Section 111651118 (13) A public assistance worker19 (14) An employee of a child care institution including but not

limited to foster parents group home personnel and personnel of21 residential care facilities22 (15) A social worker probation officer or parole officer23 (16) An employee of a school district police or security24 department

(17) Any person who is an administrator or presenter of or a26 counselor in a child abuse prevention program in any public or27 private school28 (18) A district attorney investigator inspector or local child29 support agency caseworker unless the investigator inspector or

caseworker is working with an attorney appointed pursuant to31 Section 317 of the Welfare and Institutions Code to represent a32 mmor33 (19) A peace officer as defined in Chapter 45 (commencing34 with Section 830) of Title 3 of Part 2 who is not otherwise

described in this section36 (20) A firefighter except for volunteer firefighters37 (21) A physician and surgeon psychiatrist psychologist dentist38 resident intern podiatrist chiropractor licensed nurse dental39 hygienist optometrist marriage and family therapist clinical social

worker professional clinical counselor or any other person who

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AB 1435 -4-

is currently licensed under Division 2 (commencing with Section500) of the Business and Professions Code

(22) Any emergency medical technician I or II paramedic orother person certified pursuant to Division 25 (commencing withSection 1797) of the Health and Safety Code

(23) A psychological assistant registered pursuant to Section2913 of the Business and Professions Code

(24) A marriage and family therapist trainee as defined insubdivision (c) of Section 498003 of the Business and ProfessionsCode

(25) An unlicensed marriage and family therapist internregistered under Section 498044 of the Business and ProfessionsCode

(26) A state or county public health employee who treats a minorfor venereal disease or any other condition

(27) A coroner(28) A medical examiner or any other person who performs

autopsies(29) A commercial film and photographic print processor as

specified in subdivision (e) of Section 11166 As used in thisarticle commercial film and photographic print processor meansany person who develops exposed photographic film into negativesslides or prints or who makes prints from negatives or slides forcompensation The term includes any employee of such a personit does not include a person who develops film or makes prints fora public agency

(30) A child visitation monitor As used in this article childvisitation monitor means any person who for financialcompensation acts as monitor of a visit between a child and anyother person when the monitoring of that visit has been orderedby a court of law

(31) An animal control officer or humane society officer Forthe purposes ofthis article the following terms have the followingmeanings

(A) Animal control officer means any person employed by acity county or city and county for the purpose of enforcing animalcontrol laws or regulations

(B) Humane society officer means any person appointed oremployed by a public or private entity as a humane officer who is

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-5- AB 1435

qualified pursuant to Section 14502 or 14503 of the CorporationsCode

(32) A clergy member as specified in subdivision (d) of Section11166 As used in this article clergy member means a priestminister rabbi religious practitioner or similar functionary of achurch temple or recognized denomination or organization

(33) Any custodian of records of a clergy member as specifiedin this section and subdivision (d) of Section 11166

(34) Any employee of any police department county sheriffsdepartment county probation department or county welfaredepartment

(35) An employee or volunteer of a Court Appointed SpecialAdvocate program as defined in Rule 1424 ofthe California Rulesof Court

(36) A custodial officer as defined in Section 8315(37) Any person providing services to a minor child under

Section 12300 or 123001 of the Welfare and Institutions Code(38) An alcohol and drug counselor As used in this article an

alcohol and drug counselor is a person providing counselingtherapy or other clinical services for a state licensed or certifieddrug alcohol or drug and alcohol treatment program Howeveralcohol or drug abuse or both alcohol and drug abuse is not inand of itself a sufficient basis for reporting child abuse or neglect

(39) A clinical counselor trainee as defined in subdivision (g)of Section 499912 of the Business and Professions Code

(40) A clinical counselor intern registered under Section 499942of the Business and Professions Code

(41) An athletic coach athletic administrator or athletic directoremployed by a public or private organization including but notlimited to schools and instittttions of higher e6ueation thatprovidekindergarten or any of grades 1 to 12 inclusive

(b) Except as provided in paragraph (35) of subdivision (a)volunteers of public or private organizations whose duties requiredirect contact with and supervision of children are not mandatedreporters but are encouraged to obtain training in the identificationand reporting of child abuse and neglect and are further encouragedto report known or suspected instances of child abuse or neglectto an agency specified in Section 111659

(c) Employers are strongly encouraged to provide theiremployees who are mandated reporters with training in the duties

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AB 1435 -6-

imposed by this article This training shall include training in childabuse and neglect identification and training in child abuse andneglect reporting Whether or not employers provide theiremployees with training in child abuse and neglect identificationand reporting the employers shall provide their employees whoare mandated reporters with the statement required pursuant tosubdivision (a) of Section 111665

(d) School districts that do not train their employees specifiedin subdivision (a) in the duties of mandated reporters under thechild abuse reporting laws shall report to the State Department ofEducation the reasons why this training is not provided

(e) Unless otherwise specifically provided the absence oftraining shall not excuse a mandated reporter from the dutiesimposed by this article

(f) Public and private organizations are encouraged to providetheir volunteers whose duties require direct contact with andsupervision of children with training in the identification andreporting of child abuse and neglect

(g) (1) On 6r befure Jttmtary 1 2014 ttll) pttblie 6r privflie6rganizttti6ftemp16ing ttft Mhletie e6tteh Mhletie ttdmimstrltt6r6r Mhletie direet6r ttSspeeified ift pMttgrttph (41) 6f sttbdivisi6ft(tt) shttll pr6 vide iftitittl trttining f6r th6se empl~ ees 6n thefull6vvingmtttters

(A) The identifiettti6n 6f ehild ttbttse ttnd negleet(D) Aeti vities thttt e6ftstitttte inltppr6prittte ttftd illegttl e6ntttet

betiveen tt 6tlth ltftd ltft ttthietie e6tteh Mhletie ttdmiftistrttt6r 6rttthietie direet6r

(6) The resp6nsibilities 6f tt pers6n identified lIStt mttndfliedrep6rter in this seeti6n ineIttding btl ft6t limited t6 ttll 6f thefull6 vving

(i) T6 ~h6m tt rep6rt is reqtlired t6 be mttde(ii) The inf6rmttti6n thttt is reqttired t6 be ifte1ttdedin tt rep6rt(iii) The time vvithiftvvhieha mandated rep6rter is reqttired t6

file tt rep6rt(2) Initittl training shall be pr6vided b perS6ftSkn6vvledgeltble

ift the identifiettti6n 6fehild aettse ttnd negleet inltppf6prittte ltftdillegal e6ntaet bem eena 6ttth and ltftadttIt ltftdstatttt6ry rep6rtingreqttiremeftts ltftdshttll e6nsist 6ftw6 h6ttrs 6felassr66m 6r 6therinteraetive trainiftg ltftdedttettti6n

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-7- AB 1435

1 (h) Commeneing on fmd aftel Jfmtlftry12014 fmofgfmization2 speeified in sttbdivision (g) shaHpro ide initial training within six3 months of the date that fm individtutl beeomes empleryed as an4 Mhletie eoaeh athletie administrator or athletie direetor ttnless5 the indi idttal reeei ed training Hithin tw0 years prior to the date6 the indi idtlal is empleryed An Mhletie eoaeh athletie7 administrator or athletie direetor Hho has leeeied initial training8 ptlfStlafttto sttbdiision (g) shall eomplete eontifttling training9 thereafter onee eery two years eonsisting of one hottf of

10 elassroom or other interaeti e training fmd edtteation11 SEC 2 No reimbtlrsement is reqtlired by this aet pttfStlafttto12 Seetion 6 ofArtiele )GIlD of the California Constitution for eertain13 eosts that may be inetllTed by a loeal ageney or sehool distriet14 beeatlse ift that regard this aet ereates a nev erime or infraetion15 eliminates a erime or infraetion or ehfmges the penalty fOfa erime16 or inflaetion Hithin the meaning of Seetion 17556 of the17 Goemment Code or ehanges the definition ofa elime Hithin the18 meaning of Seetion 6 of Aniele XIII D of the Califomia19 Constitution20 IIo~eer if the Commission on State Mfmdates determines that21 this aet eontainsother eosts mfmdated by the state reimbttfsement22 to loeal ageneies fmd sehool distliets for those eosts shall be made23 ptlfStlafttto Part 7 (eommeneing Hith Seetion 17500) of Division24 4 of Title 2 of the Goemment Code25 SEC 2 No reimbursement is required by this act pursuant to26 Section 6 of Article XIII B of the California Constitution because27 the only costs that may be incurred by a local agency or school28 district will be incurred because this act creates a new crime or29 infraction eliminates a crime or infraction or changes thepenalty30 for a crime or infraction within the meaning of Section 17556 of31 the Government Code or changes the definition of a crime within32 the meaning of Section 6 of Article XIII B of the California33 Constitution

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AB 1904 Assembly Bill Status

MEASURE AUTHOR(S)TOPIC

HOUSE

CURRENT BILL STATUS

AB No 1904Block Butler and

Professions and vocationslicenses

LOCATION

Cookmilitary spouses temporary

TYPE OF BILL

SEN

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyAppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpub11-12billasmab _1901-1950ab _1904_ bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes Noes OOPASS17

An act to add Section 1155 to the Business andProfessions Code relating to professions and vocationsand making an appropriation therefor

-

AB 1588 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1588AUTHOR(S) Atkins (Principal coauthors Cook and Nielsen)

(Coauthors Block Beth Gaines Pan V Manuel PerezWilliams and Yamada)

TOPIC Professions and vocations reservist licensees fees andcontinuing education

HOUSE LOCATION SEN+LAST AMENDED DATE 03052012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS forLAST

LAST

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

TITLE An act to add Section 1143 to the Business andProfessions Code relating to professions and vocations

htlpllwwwleginfocagovpubll-12Ibillasmlab _1551-1600ab _1588 _bill_20120601_statu 652012

middot

AMENDED IN ASSEMBLY MARCH 5 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1588

Introduced by Assembly Member Atkins(Principal coauthors Assembly Members Cook and Nielsen)

(Coauthors Assembly Members Block Beth Gaines PanV Manuel Perez Williams and Yamada)

February 6 2012

An act to add Section 1143 to the Business and Professions Coderelating to professions and vocations

LEGISLATIVE COUNSELS DIGEST

AB 1588 as amended Atkins Professions and vocations reservistlicensees fees and continuing education

Existing law provides for the regulation of various professions andvocations by boards commissions or bureaus within the Departmentof Consumer Affairs and for the licensure or registration of individualsin that regard Existing law authorizes any licensee whose licenseexpired while he or she was on active duty as a member of the CaliforniaNational Guard or the United States Armed Forces to reinstate his orher license without examination or penalty if certain requirements aremet

This bill would require the boards commissions or bureaus describedabove to waive the renewal fees and continuing education requirementsif either is applicable of any licensee or registrant who is a reservistcalled to active duty as a member of the United States Military Reserveor the California National Guard if certain requirements are met

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

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AB 1588 -2-

Thepeople of the State of Califomi a do enact asfollows

1 SECTION 1 Section 1143 is added to the Business and2 Professions Code to read3 1143 Notwithstanding any other provision oflaw everyboard4 commission or bureau within the department shall waive the5 renewal fees and continuing education requirements if either is6 applicable for any licensee or registrant who is a reservist called7 to active duty as a member of the United States Military Reserve8 or the California National Guard if all of the following9 requirements are met

10 (a) The licensee or registrant was in good standing with the11 board commission or bureau at the time the reservist was called12 to active duty13 (b) The renewal fees or continuing education requirements are14 waived only for the period during which the reservist is on active15 duty service16 (c) The active duty reservist or the active duty reservists spouse17 or registered domestic partner provides written notice satisfactory18 to the board commission or bureau that substantiates the19 reservists active duty service

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AB 1896 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1896AUTHOR(S) ChesbroTOPIC Tribal health programs health care practitionersHOUSE LOCATION SEN+LAST AMENDED DATE 03272012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATIONCOMM ACTION DATECOMM ACTIONCOMM VOTE SUMMARY

ASM

05172012Referred to Com on B P amp EDBUSINESS PROFESSIONS AND CONSUMER PROTECTION04102012

Do passAyes 09 Noes OOPASS

TITLE An act to amend the heading of Article 10 (commencingwith Section 710) of Chapter 1 of Division 2 of and toadd Section 719 to the Business and Professions Coderelating to healing arts

httpwwwleginfocagovpubI11-12lbillasmab_1851-1900ab_1896_bill_20120517 _statu 652012

-

AMENDED IN ASSEMBLY MARCH 27 2012

CALIFORNIA LEGISLATURE-20II-12 REGULAR SESSION

ASSEMBLY BILL No 1896

Introduced by Assembly Member Chesbro

February 222012

An act to amend the heading of Article 10 (commencing with Section710) of Chapter 1 of Division 2 of and to add Section 719 to theBusiness and Professions Code relating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1896 as amended Chesbro Tribal health programs health carepractitioners

Under existing federal law licensed health professionals employedby a tribal health program are required to be exempt if licensed in anystate from the licensing requirements of the state in which the tribalhealth program performs specified services A tribal health program isdefined as an Indian tribe or tribal organization that operates any healthprogram service function activity or facility funded in whole or partby the Indian Health Service

Existing law provides for the licensure and regulation of health carepractitioners by various healing arts boards within the Department ofConsumer Affairs

This bill would codify that federal requirement by specifying that aperson who is licensed as a health care practitioner in any other stateand is employed by a tribal health program is exempt from any statelicensing requirement with respect to acts authorized under thepersonslicense where the tribal health program performs specified services

Vote majority Appropriation no Fiscal committee noState-mandated local program no

98

AD 1896 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 The heading of Article 10 (commencing with2 Section 710) of Chapter 1 of Division 2 of the Business and3 Professions Code is amended to read456789

101112131415161718192021

Article 10 Federal Personnel and Tribal Health Programs

SEC 2 Section 719 is added to the Business and ProfessionsCode to read

719 (a) A person who is licensed as a health care practitionerin any other state and is employed by a tribal health program asdefined in Section 1603 of Title 25 of the United States Code shallbe exempt from any licensing requirement described in this divisionwith respect to acts authorized under the persons license wherethe tribal health program performs the services described in thecontract or compact of the tribal health program under the IndianSelf-Determination and Education Assistance Act (25 USC Sec450 et seq)

(b) For purposes of this section health care practitioner meansany person who engages in acts that are the subject of licensureor regulation under this division or Ml) initiative 8et referred to inthis division the law of any other state

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98

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1904

Introduced by Assembly Members Block Butler and Cook

February 222012

An act to add Section 1155 to the Business and Professions Coderelating to professions and vocations and making an appropriationtherefor

LEGISLATIVE COUNSELS DIGEST

AB 1904 as introduced Block Professions and vocations militaryspouses temporary licenses

Existing law provides for the licensure and regulation of variousprofessions and vocations by boards within the Department of ConsumerAffairs Existing law provides for the issuance of reciprocal licenses incertain fields where the applicant among other requirements has alicense to practice within that field in another jurisdiction as specifiedUnder existing law licensing fees imposed by certain boards withinthe department are deposited in funds that are continuously appropriated

This bill would authorize a board within the department to issue atemporary license to an applicant who among other requirements holdsan equivalent license in another jurisdiction as specified and is marriedto or in a legal union with an active duty member of the Armed Forcesofthe United States who is assigned to a duty station in California underofficial active duty military orders The bill would require a board toexpedite the process for issuing these temporary licenses The bill wouldrequire the applicant to pay any fees required by the board and wouldrequire that those fees be deposited in the fund used by the board toadminister its licensing program To the extent that the bill would

99

AB 1904 -2-

increase the amount of money deposited into a continuously appropriatedfund the bill would make an appropriation

Vote majority Appropriation yes Fiscal committee yesState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 1155 is added to the Business and2 Professions Code to read3 1155 (a) A board within the department may issue a4 temporary license to an applicant who meets all of the following5 requirements6 (l) Submits an application in the manner prescribed by the7 board8 (2) Supplies evidence satisfactory to the board that the applicant9 is married to or in a domestic partnership or other legal union

10 with an active duty member of the Armed Forces of the United11 States who is assigned to a duty station in this state under official12 active duty military orders13 (3) Holds a current license in another state district or territory14 of the United States with the requirements that the board determines15 are substantially equivalent to those established under this code16 for that occupation17 (4) Has not committed an act in anyjurisdiction that would have18 constituted grounds for denial suspension or revocation of the19 license under this code at the time the act was committed20 (5) Has not been disciplined by a licensing entity in another21 jurisdiction and is not the subject of an unresolved complaint22 review procedure or disciplinary proceeding conducted by a23 licensing entity in another jurisdiction24 (6) Pays any fees required by the board Those fees shall be25 deposited in the applicable fund or account used by the board to26 administer its licensing program27 (7) Submits fingerprints and any applicable fingerprinting fee28 in the manner required of an applicant for a regular license29 (b) A board shall expedite the procedure for issuing a temporary30 license pursuant to this section31 (c) A temporary license issued under this section shall be valid32 for 180 days except that the license may at the discretion of the

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-3- AB 1904

I board be extended for an additional180-day period on application2 of the license holder3 (d) A board may adopt regulations necessary to administer this4 section

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99

AB 1932 Assembly Bill Status

MEASURE AUTHOR(S)TOPICHOUSE+LAST

CURRENT BILL STATUS

AB No 1932Gorell (Coauthor Cook)

United States armed services healing arts boardsLOCATION SENAMENDED DATE 04172012

TYPE OF BILL

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpubI11-12Ibillasmab_1901-1950ab_1932_bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

An act to add Section 7102 to the Business andProfessions Code relating to healing arts

-

AMENDED IN ASSEMBLY APRIL 172012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1932

Introduced by Assembly Member-Ceek Gorell(Coauthor Assembly Member Cook)

February 222012

An act to add Section 7102 to the Business and Professions Coderelating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1932 as amended euroook Gorell United States armed serviceshealing arts boards

Existing law provides for the licensure and regulation of varioushealing arts professions and vocations by boards within the Departmentof Consumer Affairs Existing law requires the rules and regulations ofthese healing arts boards to provide for methods of evaluating educationtraining and experience obtained in military service if such training isapplicable to the requirements of the particular profession or vocationregulated by the board Under existing law the Department of VeteransAffairs has specified powers and duties relating to various programsserving veterans

This bill would require by January 12014 and annually thereafterevery healing arts board to issue a specified written report to theDepartment of Veterans Affairs and the Legislature as specified thatclearly details the methods of evaluating the education training andexperience obtained in military service and whether that educationtraining and experience is applicable to the boards requirements forlicensure The bill would declare the intent of the Legislature in thisregard

98

AB 1932 -2-

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 710 of the Business and Professions Code2 was enacted in 1969 and because healing arts boards have not3 demonstrated significant compliance with that section it is the4 intent of the Legislature to establish an annual reporting5 requirement to compel these boards to provide information about6 the methods of evaluating education training and experience7 obtained in military service in order to meet the needs of the8 upcoming wave of armed service members returning to civilian9 life

10 SEC 2 Section 7102 is added to the Business and Professions11 Code to read12 7102 (a) By January 12014 and annually thereafter every13 healing arts board described in this division shall issue a written14 report to the Department of Veterans Affairs and to the Legislature15 that clearly details the methods of evaluating the education16 training and experience obtained in military service and whether17 that education training and experience is applicable to the boards18 requirements for licensure This written report shall include but19 not be limited to quantitative information about the number of20 service members who have applied for and have used their military21 education training and experience to fulfill the boards22 requirements for licensure23 (b) (1) The requirement to submit a report to the Legislature24 under subdivision (a) shall be inoperative on January 1 201825 pursuant to Section 102315 of the Government Code26 (2) A report to the Legislature shall be submitted in compliance27 with Section 9795 of the Government Code

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      • AGENDA ITEM 4
      • DISCUSSION AND POSSIBLE ACTION REGARDING PENDING LEGISLATION
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                  • AB 171 Assembly Bill- Status
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Page 2: DISCUSSION ANDPOSSIBLE ACTION REGARDING PENDING … · 2012-06-14  · Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of2010 (PublicLaw 111-152)

AB 171 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 171AUTHOR(S) Beall (Coauthors Arnmiano Blumenfield Brownley

Carter Chesbro Eng Huffman Mitchell SwansonWieckowski Williams and Yamada)

Pervasive developmental disorder or autismLOCATION SENAMENDED DATE

TOPICHOUSE+LAST 01232012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredState-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATE 02162012LAST HIST ACTION Referred to Com on HEALTHCOMM LOCATION SEN HEALTH

TITLE An act to add Section 1374745 to the Health and SafetyCode and to add Section 1014453 to the Insurance Coderelating to health care coverage

httpwww1eginfocagovpub11-12lbillasmab_0 151-0200ab _171_ bill_20120306 _status 652012

AMENDED IN ASSEMBLY JANUARY 23 2012

AMENDED IN ASSEMBLY MAY 3 2011

AMENDED IN ASSEMBLY APRIL 6 2011

CALIFORNIA LEGISLATURE-20II-12 REGULAR SESSION

ASSEMBLY BILL No 171

Introduced by Assembly Member Beall(Coauthors Assembly Members Ammiano Blumenfield Brownley

Carter Chesbro Eng Huffman Mitchell Swanson WieckowskiWilliams and Yamada)

January 202011

An act to add Section 131413 1374745 to the Health and SafetyCode and to add Section 1014451 1014453 to the Insurance Coderelating to health care coverage

LEGISLATIVE COUNSELS DIGEST

AB 171 as amended Beall Atttism sleetmm elisorder Pervasivedevelopmental disorder or autism

(1) Existing law provides for licensing and regulation of health careservice plans by the Department of Managed Health Care A willfulviolation of these provisions is a crime Existing law provides forlieeftsin-g Imel the regulation of health insurers by the InsuranceCommissioner Existing law requires health care service plan contractsand health insurance policies to provide benefits fell speemeel eoftelitiollsilleltlelillgeertaill mefttal health eoftelitiofts coverage for the diagnosisand treatment of severe mental illnesses including pervasivedevelopmental disorder or autism under the same terms and conditionsapplied to other medical conditions as specified Commencing July 12012 and until July 1 2014 existing law requires health care service

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plan contracts and health insurance policies to provide coverage forbehavioral health treatment as defined for pervasive developmentaldisorder or autism

This bill would require health care service plan contracts and healthinsurance policies to provide coverage for the screening diagnosis andtreatment other than behavioral health treatment of mrtism speetmmdis()rderspervasive developmental disorder or autism The bill wouldhowever provide that no benefits are required to be provided lry a hettlthbenefit plan ()iIered tllf()t1gft the Califomia Health Benefit EJCehangethat eJteeedthe essentittlhettlthbenefits reqttired that exceed the essentialhealth benefits that will be required under specified federal law Thebill would prohibit e()vetagefr()Mbeing denied for speeified reas()nshealth care service plans and health insurersfrom denying terminatingor refusing to renew coverage solely because the individual is diagnosedwith or has received treatment for pervasive developmental disorderor autism Because the bill would change the definition of a crime withrespect to health care service plans it would thereby impose astate-mandated local program

(2) The California Constitution requires the state to reimburse localagencies and school districts for certain costs mandated by the stateStatutory provisions establish procedures for making that reimbursement

This bill would provide that no reimbursement is required by this actfor a specified reason

Vote majority Appropriation no Fiscal committee yesState-mandated local program yes

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 137473 1374745 is added to the Health2 and Safety Code to read3 1374734 1374745 (a) Every health care service plan contract issued5 amended or renewed on or after January 1~ 2013 that6 provides hospital medical or surgical coverage shall provide7 coverage for the screening diagnosis and treatment of mrtism8 speetlttM dis()rderspervasive developmental disorder or autism9 (b) A health care service plan shall not terminate coverage or

10 refuse to deliver execute issue amend adjust or renew coverage11 to an enrollee solely because the individual is diagnosed with or

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has received treatment for 811mttism sleetmm disorder pervasivedevelopmental disorder or autism

(c) Coverage required to be provided under this section shallextend to all medically necessary services and shall not be subjectto any limits regarding age number of visits or dollar amountsCoverage required to be provided under this section shall not besubject to provisions relating to lifetime maximums deductiblescopayments or coinsurance or other terms and conditions that areless favorable to an enrollee than lifetime maximums deductiblescopayments or coinsurance or other terms and conditions thatapply to physical illness generally under the plan contract

(d) Coverage required to be provided under this section is ahealth care service and a covered health care benefit for purposesof this chapter Coverage shall not be denied on the basis of thelocation of delivery of the treatment or on the basis that thetreatment is habilitative nonrestorative educational academic orcustodial in nature

(e) A health care service plan may request no more than onceannually a review of treatment provided to an enrollee for mttismsleetmm disorders pervasive developmental disorder or autismThe cost of obtaining the review shall be borne by the plan Thissubdivision does not apply to inpatient services

(f) A health care service plan shall establish and maintain anadequate network of qualified mttism service providers withappropriate training and experience in 8tttism sleetmm disorderspervasive developmental disorder or autism to ensure that enrolleeshave a choice of providers and have timely access continuity ofcare and ready referral to all services required to be provided bythis section consistent with Sections 1367 and 136703 and theregulations adopted pursuant thereto

(g) (l) This section shall not be construed as reducing anyobligation to provide services to an enrollee under an individualizedfamily service plan an individualized program plan a preventionprogram plan an individualized education program or anindividualized service plan

(2) This section shall not be construed as limiting or excludingbenefits that are otherwise available to an enrollee under a healthcare service-plan-plan including but not limited to benefits thatare required to be covered pursuant to Sections 137472 and137473

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(3) This section shall not be construed to mean that the servicesrequired to be covered pursuant to this section are not requiredto be covered under other provisions of this chapterffl(4) This section shall not be construed as affecting litigation

that is pending on January 12012(h) On and after Jalttlllry 1 2014 to the extent that this seetion

reqttires health henefits to he pt0 vided that ellteeedthe essenti8lhealth henefits reqtlired to he pro vided tmder Seetion 1302(h) ofthe federal Patient Proteetion and Affordable CMe Aet (Ptth1ieLaw 111 148) as amended h the federal He8lth Cate andEdtteation Reeoneiliation Aet of 2010 (Ptlhlie La~v 111 152) hyqtl8lifiedhe8lth plans offering those henefits in the CalifomiaHealth Benefit ElltehangeptlfStl8lltto Title 22 (eommeneing vvithSeetion 100500) of the Government Code the speeifie henefitsthat ellteeedthe federaU reqtlired essential health henefits are notreqttired to he pro vided hen offered h a health eat e sen iee planeontIaet thrOtlgh the ElltehangeHowe-fer those speeifie henefitsMereqtlired to he pro vided if offered h a health eMe sen iee planeontraet otltside of the Elltehange

(h) Notwithstanding subdivision (a) on and after January 12014 this section does not require any benefits to beprovided thatexceed the essential health benefits that all health plans will berequired byfederal regulations to provide under Section 1302(b)of the federal Patient Protection and Affordable Care Act (PublicLaw 111-148) as amended by the federal Health Care andEducation Reconciliation Act of2010 (Public Law 111-152)

(i) As used in this section the following tenus shall have thefollowing meanings

(1) Atltism speetunn disorder means a nettrohiologiealeondition that inelttdes 8ttistiedisorder Aspergers disorder Rettsdisorder ehildhood disintegtative disorder and penasivedeielopment8l disorder not othenv ise speeified

(2) Behavioral health treatment me8fiSprofessional senieesand treatment progt ams ineltlding heh8gtioml inten ention thetapy81plied heh8iioral analysis and other intensive hehavioralprograms that have demonstrated eftieae to develop maintainor restore to the m8lltimttmellttentpraetieable the ftmetioning orqtla1iryof life of an individttal and that have been demonstrated

96

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-5- AB 171

to trettt the eore symptoms ttssoeittted Wvith tttttism speetrumdisorder

(3) Behtt iorttl intervefttion therttpy meMS the designimplementMion Md ettltltttion of enironmentttl modifietttionstlsing behtt iorM stimttli Md eonseqtlenees to prodttee soeittllysignifiettftt impro vement in behtt iors inelttding the tlse of direetobsen tttion mettstlfement ttnd fttnetionM ttnMyses of thereltttionship beh een engtironment Md behtt iorf41(1) Diagnosis of tttttism speetrum disoIders pervasive

developmental disorder or autism means medically necessaryassessment evaluations or tests to diagnose whether an individualhas one of the tttttism speetmm disoIders pervasive developmentaldisorder or autism

(5) E idenee bttsed resettreh mettns resettreh thttt ttppliesrigorotls sy stemtttie md obj eeti bulle proeedtlres to obtttin bullttlidknovvledge rek4ttnt to tttttism speetmm disorders

(2) Pervasive developmental disorder or autism shall havethe same meaning and interpretation as used in Section 137472

(3) Pharmacy care means medications prescribed by a licensedphysician and surgeon or other appropriately licensed or certifiedprovider and any health-related services deemed medicallynecessary to determine the need or effectiveness of the medications

e1(4) Psychiatric care means direct or consultative psychiatric

services provided by a psychiatrist or ttftY other ttppropritttelylieensed or eertified proider licensed in the state in which he orshe practices

t81(5) Psychological care means direct or consultative

psychological services provided by a psychologist or ttny otherftPpropritttely lieensed or eertified pro ider licensed in the state inwhich he or she practices

(9) Qtlttlified tttttism sen iee pro dder shttll inelttde Myntttionttlly or stttte lieensed or eertified person entity or grottp thtttdesigns sttpervises or pro) ides tretttment of tttttism speetntmdisorders Md the ttnlieensed persoflftel sttpervised by the lieensedor eertified person entity or gIOtlp proided the seniees ttreWvithinthe expeIienee md seope of prttetiee of the lieensed or

96

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AD 171 -6-

eertified person entity or grottp Qualified atltism senieeprolider shall also inelttde llft)serviee prot idef that is venaorizedby a regional eenter to pro vide those same seniees for fltltismspeetrttm disorders under DF~ision45 (eommeneing with Seetion4500) of the WeUftre and Instittttions Code or Title 14(eommeneing with Seetion 95000) of the GOvernment Code tmdthe ttnlieensed personnel sttpen ised b that pro vider or a StateDepMtment of Edtleation nonpttblie nonseetMitm agenq asdefined in Seetion 56035 of the Edtteation Code llpproved topro vide those same sen iees for fltltismspeetl tlm disorders and thettnlieensed personnel supen ised b that agene A qttalifiedfltltismseniee prOvider shall enstlfe eriminal baekgrotmdsereening tmdfingerprinting and adeqttate training and stlpenision of allpersonnel tltilizedto implement serviees Any nationallieense oreertifieation reeognizedby this seetion shaH be aeeredited by theNational Commission for Certiryi~ Agencies ~mCA)

fW1(6) Therapeutic care means services provided by a licensed

or certified speech therllpists therapist an occupational therllpiststherapist or a physical therllpists or tmy other llppropriatelylieensed or eertified pro vider therapist

fH1(7) Treatment for fltltism speetrttm disorders pervasive

developmental disorder or autism means all of the followingcare including necessary equipment that develops maintains orrestores to the maximum extent practicable the functioning orquality of life of an individual with pervasive developmentaldisorder or autism and is prescribed or ordered for an individualdiagnosed with one of the fltltism speetrttm disorders pervasivedevelopmental disorder or autism by a licensed physician andsurgeon or a licensed psychologist or an other llppropriatelylieensed or eertified pro vider who determines the care to bemedically necessary

(A) Behavioral health treatlnent(B1(A) Pharmacy care if the plan contract includes coverage for

prescription drugseuro1(B) Psychiatric care(B1

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-7- AB 171

(C) Psychological care$1(D) Therapeutic care(F) Aft) eMe flt)rindi vidttals vvith tttttism sleetmm dis6rders

that is dem6nstrated based tlf6n best Ilaetiees 6r evidenee basedreseMeh t6 be medieaH) neeessary

(8) Treatmentfor pervasive developmental disorder or autismdoes not include behavioral health treatment as defined in Section137473

(j) This section with the exception of subdivision (b) shall notapply to dental-only or vision-only health care service plancontracts

SEC 2 Section 10144511014453 is added to the InsuranceCode to read

10144511014453 (a) Everyhealthinsurancepolicyissuedamended

or renewed on or after January 1 2012 2013 that provideshospital medical or surgical coverage shall provide coverage forthe screening diagnosis and treatment of atltism sleetmmdis6rders pervasive developmental disorder or autism

(b) A health insurer shall not terminate coverage or refuse todeliver execute issue amend adjust or renew coverage to aninsured solely because the individual is diagnosed with or hasreceived treatment for Mt Mttism sleetmm dis6rder pervasivedevelopmental disorder or autism

(c) Coverage required to be provided under this section shallextend to all medically necessary services and shall not be subjectto any limits regarding age number of visits or dollar amountsCoverage required to be provided under this section shall not besubject to provisions relating to lifetime maximums deductiblescopayments or coinsurance or other terms and conditions that areless favorable to an insured than lifetime maximums deductiblescopayments or coinsurance or other terms and conditions thatapply to physical illness generally under the policy

(d) Coverage required to be provided under this section is ahealth care service and a covered health care benefit for purposesof this part Coverage shall not be denied on the basis of thelocation of delivery of the treatment or on the basis that thetreatment is habilitative nonrestorative educational academic orcustodial in nature

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AB 171 -8-

(e) A health insurer may request no more than once annuallya review of treatment provided to an insured for tttttism speetfllftidisorders pervasive developmental disorder or autism The costof obtaining the review shall be borne by the insurer Thissubdivision does not apply to inpatient services

(f) A health insurer shall establish and maintain an adequatenetwork of qualified tttttism service providers with appropriatetraining and experience in atttism speetmm disorders pervasivedevelopmental disorder or autism to ensure that insureds have achoice of providers and have timely access continuity of careand ready referral to all services required to be provided by thissection consistent with Sections 101335 and 1013355 and theregulations adopted pursuant thereto

(g) (1) This section shall not be construed as reducing anyobligation to provide services to an insured under an individualizedfamily service plan an individualized program plan a preventionprogram plan an individualized education program or anindividualized service plan

(2) This section shall not be construed as limiting or excludingbenefits that are otherwise available to an enrollee under a healthinsurance policy including but not limited to benefits that arerequired to be covered under Sections 101445 and 1014451

(3) This section shall not be construed to mean that the servicesrequired to be covered pursuant to this section are not requiredto be covered under other provisions of this chapter

f31(4) This section shall not be construed as affecting litigation

that is pending on January 12012(h) On ttnd after JMltlttry12014 to the extent that this seetion

reqtlires health benefits to be 110 vided that exeeed the essentittlhettlth benefits Ieqtlired to be provided tmder Seetion 1302(b) ofthe federal Patient Proteetion and Apoundfordable CMe Aet (PtlblieLal9 III 148) as amended b the federal Health CMe ttndEdtteation Reeoneiliation Aet of 2010 (Pttblie La bullbull III 152) byqualified hettlth plttns otIering those benefits in the CaliforniaHealth Benefit Exehttnge ptlfStltlntto Title 22 (eommeneing bullbullithSeetion 100500) of the GOvemment Code the speeifie benefitsthat exeeed the federally reqtlired essential health benefits Me notreqt1ired to be pro vided 17 hen otIered b a health instlIttneepolieytftrotlgh the Exehttnge However those speeifle benefits Me

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-9- AB 171

reqtlired to be pIovided if otIered b~ a health iftsttIfmee polieyotltside of the Exehflftge

(h) Notwithstanding subdivision (a) on and after January 12014 this section does not require any benefits to beprovided thatexceed the essential health benefits that all health plans will berequired byfederal regulations to provide under Section 1302(b)of thefederal Patient Protection and Affordable Care Act (PublicLaw 111-148) as amended by the federal Health Care andEducation Reconciliation Act of 2010 (Public Law 111-152)

(i) As used in this section the following terms shall have thefollowing meanings

(1) Atttism speetIttm disorder meflftS a ftettrobiologieaeoftditioft thM ifteltldes atttistie disorder AspergeIs disorder Rertsdisorder ehildhood disiffiegrMi ve disorder flftd per- asivede velopmemal disorder ftot otheIvise speeified

(2) Dehav iora health treatmem meflftS professioftal servieesand treatmem pf6grMlls ineluding beha vioral intergtentioft therapyapplied beha vioral flft~ sis flftd other imeftsi ve beha vioraprograms thM ha ve demonstrated effie~ to de velop maiffifliftor restore to the maximttm extem pIaetieable the fttftetioftiftg orquality of life of aft individttal and thM have beeft demoftstrMedto treat the eore s~mptoms assoeiMed fv ith atttism speetrumdisorder

(3) Dehavioral imer-efttioft thera~ meaftS the desigftimplememMioft flftd eJalttMioft of eftviromnemal modifieMioftsusiftg behavioral stimuli flftd eoftseqtleftees to produee soeiallysigftifieam improvement ift behflviOfs ifteludiftg the use of direetobser- Mioft meastlI emem flftd fuftetional flftaryses of therelMioftship betveen en viromneftt flftd beha viorf41(1) Diagnosis of atltism speetrtlm disoIders pervasive

developmental disorder or autism means medically necessaryassessment evaluations or tests to diagnose whether an individualhas ofte of the atltism speetrtim disorders pervasive developmentaldisorder or autism

(5) Evidenee based researeh meaftS research that appliesrigorotls s~stemMie and obj eetive proeedttres to obtaift validkftowledge re1eam to atttism speetrtlm disorders

(2) Pervasive developmental disorder or autism shall havethe same meaning and interpretation as used in Section 137472

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AB 171 -10-

t61(3) Pharmacy care means medications prescribed by a licensed

physician and surgeon or other appropriately licensed or certifiedprovider and any health-related services deemed medicallynecessary to determine the need or effectiveness of the medications

ffl(4) Psychiatric care means direct or consultative psychiatric

services provided by a psychiatrist or ftny other ftlpropritttelylieensed or eertified pro vider licensed in the state in which he orshe practices

t81(5) Psychological care means direct or consultative

psychological services provided by a psychologist or fm)i otherflPproprifttely lieensed or eertified provider licensed in the state inwhich he or she practices

(9) Quftlified fttltism serviee provider shftll inelude ftftyntttionftlry or stttte lieensed or eertified person entity or gIOtlp thtttdesigns sttpeIv ises or pro vides trefttment of fttttism speetI mndisorders ftndthe tlftlieensed pel sonnel Stlpen ised b the lieensedor eertified person entity or grotlp pro vided the sen iees Mefv ithin the experienee ftnd seope of prftetiee of the lieensed oreertified person entity or grotlp Qtlftlified fttltism senieepm vider shftllmso include ftft serviee pro vider thttt is vendorizedb ftregionM eenter to pro vide those sftme sen iees fur fttltismspeetrttm disorders tlftder DiVisioft 45 (eommeneiftg with Seetion4588) of the WeIfMe ftftd Instittttions Code or Title 14(eommefteiftg vvith Seetion 95888) of the GOvernment Code ftftdthe tlftlieensed personnel stlpen ised b thftt pro vider 01 ftStttteDepMtment of Edtlefttion nonpttblie ftonseetftriftft ftgene ftSdefifted in Seetioft 56835 of the Edtletttion Code flPProved 16pro vide those SMIlesen iees fuI fttltism speetrttm disorders and thetlftlieensed personnel supen ised b thttt ftgene A qttft1ifiedfttltismsen ice pro vider shftll ensttre eriminm bftekgrotlftd sereening ftftdfingerprintiftg ftftd ftdequttte trftining ftftd Stlpen isioft of allpersonnel tttilized to implement sen iees An ntttionftllieense oreertifietttion reeogftized b this seetion shftllbe fteeredited by theNtttioftm Commission fur Certifyiftg Agencies (NCCA)

fWt(6) Therapeutic care means services provided by a licensed

or certified speech therftlists therapist an occupational therftpists

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-11- AB 171

therapist or a physical therapists ~r an) ~ther appropriatelylieensed ~r eertihed pr~ bullbullider therapist

tH1(7) Treatment for atrtism speetmm dis~rders pervasive

developmental disorder or autism means all of the followingcare including necessary equipment that develops maintains orrestores to the maximum extent practicable the functioning orquality of life of an individual with pervasive developmentaldisorder or autism and is prescribed or ordered for an individualdiagnosed with ~ne ~f the atttism speetmm dis~Iders pervasivedevelopmental disorder or autism by a licensed physician andsurgeon or a licensed psychologist ~r an) ~ther appIopIiMelyHeensed ~r eertihed pr~vider who determines the care to bemedically necessary

(A) Behlh i~r8lhealth treatmenttB1(A) Pharmacy care if the policy includes coverage for

prescription drugsfeuro7(B) Psychiatric caretB1(C) Psychological care(E1(D) Therapeutic care(F) Any eare fur indi viduals Vol ith autism speetrum dis~rders

thM is dem~nstrMed based up~n best praetiees ~r evidenee basedreseareh t~ be mediealry neeessary

(8) Treatmentfor pervasive developmental disorder or autismdoes not include behavioral health treatment as defined in Section1014451

U) This section with the exception of subdivision (b) shall notapply to dental-only or vision-only health insurance policies

SEC 3 No reimbursement is required by this act pursuant toSection 6 of Article XIII B of the California Constitution becausethe only costs that may be incurred by a local agency or schooldistrict will be incurred because this act creates a new crime orinfraction eliminates a crime or infraction or changes the penaltyfor a crime or infraction within the meaning of Section 17556 ofthe Government Code or changes the definition of a crime within

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AB 374 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASUREAUTHOR (S)TOPICHOUSE+LAST

AB NoHayashi

AthleticLOCATIONAMENDED DATE

374

SENOS272011

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

the request ofCOMM LOCATION

06162011In committee

authorSEN BUSINESS

Set first hearing Hearing canceled at

PROFESSIONS AND ECONOMIC DEVELOPMENT

TITLE An act to add Chapter 27 (commencing with Section18898) to Division 8 of the Business and ProfessionsCode relating to athletic trainers

httpwwwleginfocagovpub11-12billasmab_0351-0400ab_374_bill_20 652012

AB 386 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 386AUTHOR(S) GalgianiTOPIC Prisons telehealth systems+LAST AMENDED DATE 05112011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to add Section 50233 to the Penal Code relatingto prisoners

httpwww1eginfocagovpubI11-12lbillasmab_ 0351-0400ab _386_ bill_20120201_status 652012

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AB 439 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPICHOUSE+LAST

AB No 439Skinner

Health care informationLOCATION SENAMENDED DATE 06282011

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 07052011LAST HIST ACTION In committee Set first hearing Held without

recommendationCOMM LOCATION SEN JUDICIARY

TITLE An act to amend Section 5636 of the Civil Coderelating to health care information

httpwwwleginfocagovpub11-12billasmab_0401-0450ab _439 _bill_20120509 _status 652012

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AMENDED IN SENATE JUNE 28 2011

AMENDED IN ASSEMBLY MAY 182011

AMENDED IN ASSEMBLY APRIL 7 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 439

Introduced by Assembly Member Skinner

February 142011

An act to amend Section 5636 of the Civil Code relating to healthcare information

LEGISLATIVE COUNSELS DIGEST

AB 439 as amended Skinner Health care informationExisting law the Confidentiality of Medical Information Act (CMIA)

prohibits a health care provider a contractor or a health care serviceplan from disclosing medical information as defined regarding a patientof the provider or an enrollee or subscriber of the health care serviceplan without first obtaining an authorization except as specified Inaddition to other remedies available existing law authorizes anindividual to bring an action against any person or entity who hasnegligently released his or her confidential records in violation ofthoseprovisions for nominal damages of$lOOO

This bill would specify that in an action brought on or after January1 2012 a court may not award nominal damages if the defendantestablishes specified factors as an affirmative defense including butnot limited to that it is a covered entity as defined and has compliedwith any obligations to notify persons entitled to receive notice regardingthe release of the information The bill would also make a technicalnonsubstantive change

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Vote majority Appropriation no Fiscal committee noState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 5636 of the Civil Code is amended to2 read3 5636 (a) Any violation of the provisions of this part that4 results in economic loss or personal injury to a patient is punishable5 as a misdemeanor6 (b) In addition to any other remedies available at law any7 individual may bring an action against any person or entity who8 has negligently released confidential information or records9 concerning him or her in violation of this part for either or both

10 of the following11 (1) Except as provided in subdivision (e) nominal damages of12 one thousand dollars ($1000) In order to recover under this13 paragraph it shall not be necessary that the plaintiff suffered or14 was threatened with actual damages15 (2) The amount of actual damages if any sustained by the16 patient17 (c) (l) In addition any person or entity that negligently18 discloses medical information in violation of the provisions of this19 part shall also be liable irrespective of the amount of damages20 suffered by the patient as a result of that violation for an21 administrative fine or civil penalty not to exceed two thousand22 five hundred dollars ($2500) per violation23 (2) (A) Any person or entity other than a licensed health care24 professional who knowingly and willfully obtains discloses or25 uses medical information in violation of this part shall be liable26 for an administrative fine or civil penalty not to exceed twenty-five27 thousand dollars ($25000) per violation28 (B) Any licensed health care professional who knowingly and29 willfully obtains discloses or uses medical information in violation30 of this part shall be liable on a first violation for an administrative31 fine or civil penalty not to exceed two thousand five hundred32 dollars ($2500) per violation or on a second violation for an33 administrative fine or civil penalty not to exceed ten thousand34 dollars ($10000) per violation or on a third and subsequent35 violation for an administrative fine or civil penalty not to exceed

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twenty-five thousand dollars ($25000) per violation Nothing inthis subdivision shall be construed to limit the liability of a healthcare service plan a contractor or a provider of health care that isnot a licensed health care professional for any violation of thispart

(3) (A) Any person or entity other than a licensed health careprofessional who knowingly or willfully obtains or uses medicalinformation in violation of this part for the purpose of financialgain shall be liable for an administrative fine or civil penalty notto exceed two hundred fifty thousand dollars ($250000) perviolation and shall also be subject to disgorgement of any proceedsor other consideration obtained as a result of the violation

(B) Any licensed health care professional who knowingly andwillfully obtains discloses or uses medical information in violationofthis part for financial gain shall be liable on a first violation foran administrative fine or civil penalty not to exceed five thousanddollars ($5000) per violation or on a second violation for anadministrative fine or civil penalty not to exceed twenty-fivethousand dollars ($25000) per violation or on a third andsubsequent violation for an administrative fine or civil penalty notto exceed two hundred fifty thousand dollars ($250000) perviolation and shall also be subject to disgorgement of any proceedsor other consideration obtained as a result ofthe violation Nothingin this subdivision shall be construed to limit the liability of ahealth care service plan a contractor or a provider of health carethat is not a licensed health care professional for any violation ofthis part

(4) Nothing in this subdivision shall be construed as authorizingan administrative fine or civil penalty under both paragraphs (2)and (3) for the same violation

(5) Any person or entity who is not permitted to receive medicalinformation pursuant to this part and who knowingly and willfullyobtains discloses or uses medical information without writtenauthorization from the patient shall be liable for a civil penalty notto exceed two hundred fifty thousand dollars ($250000) perviolation

(d) In assessing the amount of an administrative fine or civilpenalty pursuant to subdivision (c) the Office of HealthInformation Integrity licensing agency or certifying board orcourt shall consider anyone or more of the relevant circumstances

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presented by any of the parties to the case including but not limitedto the following

(1) Whether the defendant has made a reasonable good faithattempt to comply with this part

(2) The nature and seriousness of the misconduct(3) The harm to the patient enrollee or subscriber(4) The number of violations(5) The persistence of the misconduct(6) The length of time over which the misconduct occurred(7) The willfulness of the defendants misconduct(8) The defendants assets liabilities and net worth(e) (1) In an action brought by an individual pursuant to

subdivision (b) on or after January 12012 the court shall awardany actual damages and reasonable attorneys fees and costs butmay not award nominal damages for a violation of this part if thedefendant establishes all of the following as an affirmative defense

(A) The defendant is a covered entity as defined in Section160103 of Title 45 of the Code of Federal Regulations

(B) The defendant has complied with any obligations to notifyall persons entitled to receive notice regarding the release of theinformation or records

(C) The release of confidential information or records was solelyto another covered entity

(D) The defendant took appropriate preventive actions to protectthe confidential information or records against release retentionor use by any person or entity other than the covered entity thatreceived the information or records including but not limited to

(i) Developing and implementing security policies andprocedures

(ii) Designating a security official who is responsible fordeveloping and implementing its security policies and proceduresincluding educating and training the workforce

(iii) Encrypting the information or records and protectingagainst the release or use of the encryption key and passwords ortransmitting the information or records in a manner designed toprovide similar protections against improper disclosures

(E) The defendant took appropriate corrective action after therelease of the confidential records or information and the coveredentity that received the information or records immediatelydestroyed or returned the information or records

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(F) The covered entity that received the confidential informationor records did not retain use or release the information or records

(G) The defendant has not Ifeviettsl) vielateti this IMt ef inthe eettrls tiisefetieft tieslite the Ifief vielatieftbeenfound liablefor a violation of this part within the three years preceding thealleged violation or the court determines that application of theaffirmative defense is found to be compelling and consistent withthe purposes ofthis section to promote reasonable conduct in lightof all the facts

(2) In an action under this subdivision a plaintiff shall beentitled to recover reasonable attorneys fees and costs withoutregard to an award of actual or nominal damages

(3) A defendant shall not be liable for more than one judgmenton the merits for a violation of this subdivision

(f) (1) The civil penalty pursuant to subdivision (c) shall beassessed and recovered in a civil action brought in the name of thepeople of the State of California in any court of competentjurisdiction by any of the following

(A) The Attorney General(B) Any district attorney(C) Any county counsel authorized by agreement with the

district attorney in actions involving violation of a countyordinance

(D) Any city attorney of a city(E) Any city attorney of a city and county having a population

in excess of 750000 with the consent of the district attorney(F) A city prosecutor in any city having a full-time city

prosecutor or with the consent of the district attorney by a cityattorney in any city and county

(G) The Director of the Office of Health Information Integritymay recommend that any person described in subparagraphs (A)to (F) inclusive bring a civil action under this section

(2) If the action is brought by the Attorney General one-halfofthe penalty collected shall be paid to the treasurer of the countyin which the judgment was entered and one-half to the GeneralFund If the action is brought by a district attorney or countycounsel the penalty collected shall be paid to the treasurer of thecounty in which the judgment was entered Except as provided inparagraph (3) if the action is brought by a city attorney or cityprosecutor one-half of the penalty collected shall be paid to the

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AB439 -6-

1 treasurer of the city in which the judgment was entered and one-half2 to the treasurer of the county in which the judgment was entered3 (3) If the action is brought by a city attorney of a city and4 county the entire amount of the penalty collected shall be paid to5 the treasurer of the city and county in which the judgment was6 entered7 (4) Nothing in this section shall be construed as authorizing8 both an administrative fine and civil penalty for the same violation9 (5) Imposition of a fine or penalty provided for in this section

10 shall not preclude imposition of any other sanctions or remedies11 authorized by law12 (6) Administrative fines or penalties issued pursuant to Section13 128015 of the Health and Safety Code shall offset any other14 administrative fine or civil penalty imposed under this section for15 the same violation16 (g) For purposes of this section knowing and willful shall17 have the same meanings as in Section 7 of the Penal Code18 (h) No person who discloses protected medical information in19 accordance with the provisions of this part shall be subject to the20 penalty provisions of this part

o

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AB 518 Assembly Bill Status Page I of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPICHOUSE+LAST

AB No 518Wagner

Elder and dependentLOCATION SENAMENDED DATE

adult abuse mandated reporters

03232011

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATION

06062011In committee Hearing postponed by committee

SEN BANKING AND FINANCIAL INSTITUTIONS

TITLE An act to repeal Section 7480 of the Government Codeand to amend Section 156301 of and to amend and repealSections 15633 15634 15640 and 156555 of theWelfare and Institutions Code relating to elder anddependent adult abuse

httpwwwleginfocagovpubll-12Ibillasmab_ 0501-0550ab_518_bill_2011 0615_status 652012

-

AMENDED IN ASSEMBLY MARCH 23 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 518

Introduced by Assembly Member Wagner

February 152011

Aft aet to amend Seetion 156301 of the Welfare and InstittttionsCode relating to elder abtlse An act to repeal Section 7480 of theGovernment Code and to amend Section 156301 of and to amend andrepeal Sections 15633 15634 15640 and 156555 of the Welfare andInstitutions Code relating to elder and dependent adult abuse

LEGISLATIVE COUNSELS DIGEST

AB 518 as amended Wagner Elder and dependent adult abusemandated reporters

Existing law the Elder Abuse and Dependent Adult Civil ProtectionAct establishes procedures for the reporting investigation andprosecution of elder and dependent adult abuse including but notlimited to financial abuse as defined These procedures require personsdefined as mandated reporters to report known or suspected instancesof elder or dependent adult abuse A violation of the reportingrequirements by a mandated reporter is a misdemeanor Existing lawwhich will be repealed on January 12013 defines who is a mandatedreporter of suspected financial abuse of an elder or dependent adult Aviolation ofthe financial abuse reporting requirements is subject to civilpenalties

This bill would delete the January 1 2013 repeal date and makeconforming changes

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

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20

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30

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The people of the State of California do enact asfollows

1 SECTION 1 Section 7480 of the Government Code as2 amended by Section 2 of Chapter 234 of the Statutes of 2008 is3 repealed4 7480 Nothing in this ehapter prohibits an) of the following

(a) The dissemination of an) finaneial information that is not6 identified with or identifiable as being deri ved from the fiftMleial7 reeords of a partietllar etlstomer8 (b) When any poliee or sheriffs department or distriet attorney9 in this state eertines to a bank eredit tlftion or savin-gsassoeiation

in 4vritingthat a erime report has been filed that involves the11 alleged fratldttlent tlse of drafts eheeks or other orders drawfl12 tlJon MtY bank eredit tlftion or Sltv ings assoeiation in this state13 the poliee or sheriffs department or distriet attomey a eotlnty14 adttlt proteeti-ve sen iees oftiee 4vhen investigating the finaneial

abttse of an elder or dependent adttlt or a long term eare16 ombttdsman when investigating the finaneial abttse of an elder or17 dependent adttlt rna reqtlest a bank eredit tlftion or savings18 assoeiation to fttmish and a bank eredit tlftion or savings19 assoeiation shall fttmish a statement setting forth the folIowing

information with respeet to a etlstomer aeeotlnt speeified b) the21 reqttesting parry for a period 30 da s prior to and tlJ to 30 da) s22 following the date ofoeetnTenee of the alleged illegal aet invohin-g23 the aeeotlftt24 (1) The Itttftlber of items dishonored

(2) The nttmber of items paid that ereated Oierdrafts26 (3) The dollar volttme of the dishonored items and items paid27 whieh ereated overdrafts and a statement explaining an) eredit28 atTangementbetween the bank eredit tlftion or savin-gsassoeiation29 and etlstomer to pa) 0verdrafts

(4) The dates and amotlnts of deposits and debits and the aeeotlftt31 balanee on these dates32 (5) A eoJry of the signattlre eard inelttding the signattlre and33 an) addresses appearing on a etlstomers signattlre eard34 (6) The date the aeeottnt opened and ifapplieable the date the

aeeotlnt elosed36 (7) A bank eredit tlftion or saTvingsassoeiation that proiides37 the reqtlesting part) vvith eopies of one or more eomplete aeeottnt

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the taxpa er (2) the (iireet deposit refund bullbullas not rettlmed to theFranehise Tax Board and (3) the remnd TnaSdeposited direetlyon a speeifled date into the aeeotlftt of an aeeotmtholder of theflnaneial instittttion bullbullho bullbullas not entitled to reeei v e the refttndthen the flnaneial instittttion shall fttntish to the Franehise TaxBoard the name and address ofan eoo w ner eosigtter or an otherperson bullbullho had aeeess to the mnds in the aeeotlttt follo bullbulling thedate ofdiIeet deposit refund or if the aeeotmt has been dosed thename and address of the person bullbullho dosed the aeeOtlftt

(s) This seetion shall beeome operati v e on Jaftttary 1 2013SECTION 1SEC 2 Section 156301 of the Welfare and Institutions Code

is amended to read156301 (a) As used in this section mandated reporter of

suspected financial abuse of an elder or dependent adult meansall officers and employees of financial institutions

(b) As used in this section the term financial institution meansany of the following

(l) A depository institution as defined in Section 3(c) of theFederal Deposit Insurance Act (12 USC Sec 1813(c))

(2) An institution-affiliated party as defined in Section 3(u) ofthe Federal Deposit Insurance Act (12 USC Sec 1813(u))

(3) A federal credit union or state credit union as defined inSection 101 ofthe Federal Credit Union Act (12 USC Sec 1752)including but not limited to an institution-affiliated party of acredit union as defined in Section 206(r) of the Federal CreditUnion Act (12 USc Sec 1786(r))

(c) As used in this section financial abuse has the samemeaning as in Section 1561030

(d) (l) Any mandated reporter of suspected financial abuse ofan elder or dependent adult who has direct contact with the elderor dependent adult or who reviews or approves the elder ordependent adults financial documents records or transactionsin connection with providing financial services with respect to anelder or dependent adult and who within the scope of his or heremployment or professional practice has observed or hasknowledge of an incident that is directly related to the transactionor matter that is within that scope of employment or professionalpractice that reasonably appears to be financial abuse or whoreasonably suspects that abuse based solely on the information

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before him or her at the time of reviewing or approving thedocument record or transaction in the case of mandated reporterswho do not have direct contact with the elder or dependent adultshall report the known or suspected instance of financial abuse bytelephone immediately or as soon as practicably possible and bywritten report sent within two working days to the local adultprotective services agency or the local law enforcement agency

(2) When two or more mandated reporters jointly haveknowledge or reasonably suspect that financial abuse of an elderor a dependent adult for which the report is mandated has occurredand when there is an agreement among them the telephone reportmay be made by a member of the reporting team who is selectedby mutual agreement A single report may be made and signed bythe selected member of the reporting team Any member of theteam who has knowledge that the member designated to report hasfailed to do so shall thereafter make that report

(3) If the mandated reporter knows that the elder or dependentadult resides in a long-term care facility as defined in Section1561047 the report shall be made to the local ombudsman or locallaw enforcement agency

(e) An allegation by the elder or dependent adult or any otherperson that financial abuse has occurred is not sufficient to triggerthe reporting requirement under this section if both of the followingconditions are met

(1) The mandated reporter of suspected financial abuse of anelder or dependent adult is aware of no other corroborating orindependent evidence of the alleged financial abuse of an elder ordependent adult The mandated reporter of suspected financialabuse of an elder or dependent adult is not required to investigateany accusations

(2) In the exercise of his or her professional judgment themandated reporter of suspected financial abuse of an elder ordependent adult reasonably believes that financial abuse of anelder or dependent adult did not occur

(f) Failure to report financial abuse under this section shall besubject to a civil penalty not exceeding one thousand dollars($1000) or if the failure to report is willful a civil penalty notexceeding five thousand dollars ($5000) which shall be paid bythe financial institution that is the employer of the mandated

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reporter to the party bringing the action Subdivision (h) of Section15630 shall not apply to violations of this section

(g) (1) The civil penalty provided for in subdivision (f) shallbe recovered only in a civil action brought against the financialinstitution by the Attorney General district attorney or countycounsel No action shall be brought under this section by anyperson other than the Attorney General district attorney or countycounsel Multiple actions for the civil penalty may not be broughtfor the same violation

(2) Nothing in the Financial Elder Abuse Reporting Act of2005shall be construed to limit expand or otherwise modify any civilliability or remedy that may exist under this or any other law

(h) As used in this section suspected financial abuse of anelder or dependent adult occurs when a person who is requiredto report under subdivision (a) observes or has knowledge ofbehavior or unusual circumstances or transactions or a pattern ofbehavior or unusual circumstances or transactions that would leadan individual with like training or experience based on the samefacts to form a reasonable belief that an elder or dependent adultis the victim of financial abuse as defined in Section 1561030

(i) Reports of suspected financial abuse of an elder or dependentadult made by an employee or officer of a financial institutionpursuant to this section are covered under subdivision (b) of Section47 of the Civil Code

SEC 3 Section 15633 of the Welfare and Institutions Codeas amended by Section 5 of Chapter 140 of the Statutes of 2005is amended to read

15633 (a) The reports made pursuant to Sections 15630156301 and 15631 shall be confidential and may be disclosedonly as provided in subdivision (b) Any violation of theconfidentiality required by this chapter is a misdemeanorpunishable by not more than six months in the county jail by afine of five hundred dollars ($500) or by both that fine andimprisonment

(b) Reports of suspected abuse of an elder or dependent adultand information contained therein may be disclosed only to thefollowing

(1) Persons or agencies to whom disclosure of information orthe identity of the reporting party is permitted under Section156335

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(2) (A) Persons who are trained and qualified to serve onmultidisciplinary personnel teams may disclose to one anotherinformation and records that are relevant to the preventionidentification or treatment of abuse of elderly or dependentpersons

(B) Except as provided in subparagraph (A) any personnel ofthe multidisciplinary team or agency that receives informationpursuant to this chapter shall be under the same obligations andsubject to the same confidentiality penalties as the persondisclosing or providing that information The information obtainedshall be maintained in a manner that ensures the maximumprotection of privacy and confidentiality rights

(c) This section shall not be construed to allow disclosure ofany reports or records relevant to the reports of abuse of an elderor dependent adult if the disclosure would be prohibited by anyother provisions of state or federal law applicable to the reports orrecords relevant to the reports of the abuse nor shall it be construedto prohibit the disclosure by a financial institution of any reportsor records relevant to the reports of abuse of an elder or dependentadult if the disclosure would be required of a financial institutionby otherwise applicable state or federal law or court order

(d) This seetion shall remain in dIcet on) tmtilJantmry I 2813and as of that date is repealed unless a later enaeted statute thatis enaeted before JMlt1ary12813 deletes or extends that date

SEC 4 Section 15633 of the Welfare and Institutions Codeas added by Section 6 of Chapter 140 of the Statutes of 2005 isrepealed

15633 (a) The leports made ptlrstlMlt to Seetions 15638 and15631 shall be eonndential and may be diselosed on) as pro videdin stlbdivision (b) AIl) violation of the eonfidetttialrt reqtliredbythis ehapter is a misdemeanor ptlnishable bynot more than sixmoftths in the eounry jail b)l a nne ofn Vehundred dollars ($588)or byboth that nne and imprisonment

(b) Reports of stlspeeted elder 01 dependent adttlt abttse andinfenmation eontained therein may be diselosed only to thefollo vving

(1) Persons or ageneies to vvhomdiselostlfe of information orthe identity of the reporting pMty is permitted tlnder Seetion156335

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(2) EA) Persems who Me trftined Md qtlftlified to sene onmtlltidiseiplinftfjf persoflftel teftll1smfty diselose to one Mlotherinfermtttion Md reeords thftt Me relevflnt to the preventionidentifiefttion or trefttment of ftbttse of elderly or dependentpersons

EB) Exeept ftSpro vided in SMpMftgrftph EA) Mly personnel ofthe ftltlltidiseiplinftry teftftl or ftgeney thftt reeeives informfttionptlrstlftnt to this ehflPtel shftH he tinder the sftme ohligfttions ftndsttbjeet to the sftme eonfidentiftlity penftlties ftS the pelsondisdosing or pro viding thftt infermfttion The informfttion ohtftinedshftH he mftintftined in ft ftlftflfter thftt enstlfes the ftlftXimttmproteetion ofprivftey ftnd eonfidentiftlity rights

Ee) This seetion shftH not he eonstftled to ftHo diselostlfe ofMy reports or reeords rde vMit to the reports of elder or dependentftdttlt ftbttse if the disdostlfe votlld he prohibited hy My other110visions of stftte or federftllft bullbull ftppliefthle to the reports or reeordsrele vftnt to the reports of the flbttse

Ed) This seetion shftH heeome operftti ve on Jftntlftry I 2013SEC 5 Section 15634 of the Welfare and Institutions Code

as amended by Section 7 of Chapter 140 of the Statutes of 2005is amended to read

15634 (a) No care custodian clergy member healthpractitioner mandated reporter of suspected financial abuse of anelder or dependent adult or employee of an adult protectiveservices agency or a local law enforcement agency who reports aknown or suspected instance of abuse of an elder or dependentadult shall be civilly or criminally liable for any report requiredor authorized by this article Any other person reporting a knownor suspected instance of abuse of an elder or dependent adult shallnot incur civil or criminal liability as a result of any reportauthorized by this article unless it can be proven that a false reportwas made and the person knew that the report was false No personrequired to make a report pursuant to this article or any persontaking photographs at his or her discretion shall incur any civil orcriminal liability for taking photographs of a suspected victim ofabuse of an elder or dependent adult or causing photographs to betaken of such a suspected victim or for disseminating thephotographs with the reports required by this article Howeverthis section shall not be construed to grant immunity from thisliability with respect to any other use of the photographs

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(b) No care custodian clergy member health practitionermandated reporter of suspected financial abuse of an elder ordependent adult or employee of an adult protective services agencyor a local law enforcement agency who pursuant to a request froman adult protective services agency or a local law enforcementagency investigating a report of known or suspected abuse of anelder or dependent adult provides the requesting agency withaccess to the victim of a known or suspected instance of abuse ofan elder or dependent adult shall incur civil or criminal liabilityas a result of providing that access

(c) The Legislature finds that even though it has providedimmunity from liability to persons required to report abuse of anelder or dependent adult immunity does not eliminate thepossibility that actions may be brought against those persons basedupon required reports of abuse In order to further limit the financialhardship that those persons may incur as a result of fulfilling theirlegal responsibilities it is necessary that they not be unfairlyburdened by legal fees incurred in defending those actionsTherefore a care custodian clergy member health practitioneror an employee of an adult protective services agency or a locallaw enforcement agency may present to the StMe B6Md 6pound C6ntr61California Victim Compensation and Government Claims Boarda claim for reasonable fttt6meys attorneys fees incurred in anyaction against that person on the basis of making a report requiredor authorized by this article if the court has dismissed the actionupon a demurrer or motion for summary judgment made by thatperson or if he or she prevails in the action The StMe B6ftrd 6fC6ntr61 California Victim Compensation and Government ClaimsBoard shall allow that claim if the requirements ofthis subdivisionare met and the claim shall be paid from an appropriation to bemade for that purpose Att6mey s Attorneys fees awarded pursuantto this section shall not exceed an hourly rate greater than the ratecharged by the Attorney General at the time the award is madeand shall not exceed an aggregate amount of fifty thousand dollars($50000) This subdivision shall not apply if a public entity hasprovided for the defense of the action pursuant to Section 995 ofthe Government Code

(d) This seeti6n shftll remftin in dfeet 6ttly tmtil J8fttlfll)1 2013ftnd ftS6pound thftt dMe is repeftled wIess ft IMer enfteted stMute thMis en8eted before Jftftt18ry12013 deletes 6r extends thM dMe

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SEC 6 Section 15634 of the Welfare and Institutions Codeas amended by Section 711 ojChapter 538 of the Statutes oj2006is repealed

15634 eft) No eMe etlstodimt ele~ member hea-lthpraetitioner or employee of an adttlt proteeti-ve serviees ageneyor a loeal larn enforeement ageney who reports a lrnown orsttspeeted instanee of elder or dependent adtllt abtlse shaHbe eiviHyor eriminalry liable for any report reqttired or attthorizedby thisartiele Any other peIson reporting a lrnOWfior stlspeeted instaneeof elder or dependeItt adttIt abtlse shall not inettr ei vil or eriminalliability as a restllt of any report attthorizedby this artiele ttnlessit ean be pro ven that a false report was made and the person knewthat the report vvasrelse gteJoperson reqtlired to make a reportptlrstlant to this artiele or any person taking photographs at his orher diseretion shall inettr any eivii or eriminalliability fer takingphotographs of a stlspeeted vietim of elder or dependent adtlltabtlse or eattsing photographs to be taken of the stlspeeted vietimor fOIdisseminating the photographs with the reports reqtlired bythis artiele However this seetion shall not be eonstmed to gIantimmttnity from this liability vvithrespeet to any other tlse of thephotographs

(b) No eMe etlstodian el~ member health praetitioner oremployee of an adtlIt proteetive seniees ageney or a loea-l lawenfereemeItt ageney who pttrsttant to a reqtlest from an adttltproteeti-ie seniees ageney or a loeal lavI enforeemeItt ageneyinvestigating a report of lrnOViftor stlspeeted elder or dependentadtllt abtlse proides the reqtlesting ageney with aeeess to thevietim of a lrnovvnor stlspeeted instanee of elder or dependeIttadttlt abtlse shall inettr eiviI or eriminal liability as a restlIt ofpro viding that aeeess

ee) The Legislatttre finds that even thOtlgh it has pIOvidedimmtlnity from liability to peIsons reqtlired to report elder ordependent mit abttse immtlIlity does not eliminate the possibilitythat aetions may be brotlght agamst those persons based tlJ0nreqtlired reports of abtlse In order to fttrther limit the finaneialhardship that those persons may inettr as a resttIt offttlfilling theirlegal responsibilities it is neeessary that they not be tlftreirlybttrdened by legal fees inetlffed in defending those aetionsTherefore a eMeetlstodian ele~ member health praetitioneror employee ofan adttlt proteetive seniees ageney or a loeallffi7t

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AB518 -18-

enfOieement agene)l ma) present to the CalifeJmia VietimCempensatien and Geemment Claims BeMd a elaim feJrreasenable atteme)s fees inetJifedin any aetien agffinstthat persenen the basis efmMcinga repert reqtlired er attth6rizedb)l this Mtieleif the eeM has dismissed the aetien t1pen a demtlffer el metienfur sttmillM)lj tldgment made b that persen el ifhe er she preailsin the aetien The Califumia Vietim Cempensatien andGeemment Claims Beard shall allew that ehtim if thereqtlirements ef this sttbdi isien Me met and the elaim shall bepaid fl6man fllprepriatien te be made fur that ptllpese Atteme) sfees aarded ptliStlMltto this seetien shall net exeeedan hetlilyrate greater than the late eharged b the Attemey General at thetime the aard is made and sh8llnet exeeedan aggregate amettllteffitty thetlsanBdellMs ($50000) This sttbdF isien shall net applyif a pttblie enti) has pmbullided fer the defense ef the aetien ptlistlantte Seetien 995 ef the Ge emment Cede

(6) This seetien shall beeeme eperatie en JMttlM)12013SEC 7 Section 15640 of the Welfare and Institutions Code

as amended by Section 9 of Chapter 140 of the Statutes of2005is amended to read

15640 (a) (1) An adult protective services agency shallimmediately or as soon as practically possible report by telephoneto the law enforcement agency having jurisdiction over the caseany known or suspected instance of criminal activity and to anypublic agency given responsibility for investigation in thatjurisdiction of cases of elder and dependent adult abuse everyknown or suspected instance of abuse pursuant to Section 15630or 156301 of an elder or dependent adult A county adult protectiveservices agency shall also send a written report thereof within twoworking days of receiving the information concerning the incidentto each agency to which it is required to make a telephone reportunder this subdivision Prior to making any cross-report ofallegations of financial abuse to law enforcement agencies anadult protective services agency shall first determine whether thereis reasonable suspicion of any criminal activity

(2) If an adult protective services agency receives a report ofabuse alleged to have occurred in a long-term care facility thatadult protective services agency shall immediately inform theperson making the report that he or she is required to make thereport to the long-term care ombudsman program or to a local law

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-19- AB518

enforcement agency The adult protective services agency shallnot accept the report by telephone but shall forward any writtenreport received to the long-term care ombudsman

(b) If an adult protective services agency or local lawenforcement agency or ombudsman program receiving a report ofknown or suspected elder or dependent adult abuse determinespursuant to its investigation that the abuse is being committed bya health practitioner licensed under Division 2 (commencing withSection 500) of the Business and Professions Code or any relatedinitiative act or by a person purporting to be a licensee the adultprotective services agency or local law enforcement agency orombudsman program shall immediately or as soon as practicallypossible report this information to the appropriate licensingagency The licensing agency shall investigate the report in lightof the potential for physical harm The transmittal of informationto the appropriate licensing agency shall not relieve the adultprotective services agency or local law enforcement agency orombudsman program of the responsibility to continue its owninvestigation as required under applicable provisions of law Theinformation reported pursuant to this paragraph shall remainconfidential and shall not be disclosed

(c) A local law enforcement agency shall immediately or assoon as practically possible report by telephone to the long-termcare ombudsman program when the abuse is alleged to haveoccurred in a long-term care facility or to the county adultprotective services agency when it is alleged to have occurredanywhere else and to the agency given responsibility for theinvestigation of cases of elder and dependent adult abuse everyknown or suspected instance of abuse of an elder or dependentadult A local law enforcement agency shall also send a writtenreport thereof within two working days of receiving the informationconcerning the incident to any agency to which it is required tomake a telephone report under this subdivision

(d) A long-term care ombudsman coordinator may report theinstance of abuse to the county adult protective services agencyor to the local law enforcement agency for assistance in theinvestigation of the abuse if the victim gives his or her consent Along-term care ombudsman program and the Licensing andCertification Division ofthe State Department ofIIealth SeI ieesPublic Health shall immediately report by telephone and in writing

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AB518 -20-

1 within two working days to the bureau any instance of neglect2 occurring in a health care facility that has seriously harmed any3 patient or reasonably appears to present a serious threat to the4 health or physical well-being of a patient in that facility If a victim5 or potential victim of the neglect withholds consent to being6 identified in that report the report shall contain circumstantial7 information about the neglect but shall not identify that victim or8 potential victim and the bureau and the reporting agency shall9 maintain the confidentiality of the report until the report becomes

lOa matter of public record11 (e) When a county adult protective services agency a long-term12 care ombudsman program or a local law enforcement agency13 receives a report of abuse neglect or abandonment of an elder or14 dependent adult alleged to have occurred in a long-term care15 facility that county adult protective services agency long-term16 care ombudsman coordinator or local law enforcement agency17 shall report the incident to the licensing agency by telephone as18 soon as possible19 (f) County adult protective services agencies long-term care20 ombudsman programs and local law enforcement agencies shall21 report the results of their investigations of referrals or reports of22 abuse to the respective referring or reporting agencies23 Eg) This seeti6n shall remain in dIcet 6ny tlfttilJ~ 1201324 and as 6f that date is repealed unless a later enaeted stMttte that25 is enaeted bef6re Janttary 12013 deletes 6r extends that date26 SEC 8 Section 15640 of the Welfare and Institutions Code27 as added by Section 10 of Chapter 140 of the Statutes of 2005 is28 repealed 29 15640 Ea) E1) An adult pr6teeti e sen iees ageney shall30 immediate) 6r as S66nas praetieal) p6ssible rep6rt 0 te1eph6ne31 t6 the la~ enf6reement ageney haing jttrisdieti6n 6er the ease32 an kntMfl6r suspeeted instanee 6f eriminal aeth it) and t6 any33 pttblie agene gien resp6nsibilit) f6r illestigMi6n in that34 jurisdieti6n 6f eases 6f elder and dependent adttlt abuse eery35 kfl6n6r suspeeted instanee 6f aetlse purstlant t6 Seeti6n 1563036 6f an elder 6r dependent adttlt A e6t11ltyadttlt pr6teeti e sen iees37 ageney shall als6 send a TV ritten rep6rt there6f Vv ithin ti 6 V 6rking38 days 6f reeeiving the inwrmati6n e6neeming the ineident t6 eaeh39 ageney t6 vv hieh it is reqtlired t6 make a teleph6ne Iep6rt tlftder40 this subdiisi6n Pri6r t6 making an er6SSIep6rt 6f allegati6ns

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-21- AB518

offilumeial abttse to lavvenforeemertt a-geneiesMladult proteetFesen iees agene) shaH first determine whether there is reasonablesuspieion of tmJ eriminM aeti vit

(2) If an adult proteeti ve sen iees agene) reeei ves a report ofabttse alleged to ha ve oeettlTed in a long teml eare faeilit) thatadttlt proteeti ve sen iees ageney shall immediate) infoml theperson making the report that he or she is required to make thereport to the long term eare ombttdsman program 01 to aloeallawenforeemertt a-geneyThe adttlt proteeti ve sen iees agene) shallnot aeeept the report b) telephone btlt shall fonvMd flit) vvTittenreport leeehed to the long teml eare ornbtldsman

(b) If an adtllt proteetive seniees ageney or loeal lawenforeement agene) or ornbtldsman program reeei vinga report ofkftovm or stlspeeted elder or dependent adttlt MtlSe determinespttrstlartt to its inYestigationthat the flbttseis being eommitted bya health 11aetitioner lieensed tlftder Division 2 (eonJffieneingwithSeetion 500) of the Btlsiness flftdProfessions Code or flit) lelatedinitiatiye aet or by a person ptlrporting to be a lieensee the adtlltproteetive seniees a-gene) or loeallaw enforeement agene) orombttdsman program shall immediate) or as soon as praetieall)possible report this mformation to the appropriate lieensingagene) The lieensing agene) shall investigate the report in lightof the poterttial fur ph) sieal hamlThe trMlsmittfllof informationto the appropriate lieensing agene) shall not relieve the adtlltproteethe serviees agene) or loeallaw enforeement agene) orornbtldsmflft program of the responsibility to eorttinue its 0~vninvestigation as reqttired tlftder applieable provisions of law Theinformation reported pttrstlant to this paragraph shall remaineoniiderttial flItdshfl11not be diselosed

(e) A loealla bullbull enforeement agefte) shall immediate) or assoon as praetieal) possible report b) telephone to the long termeare ombtldsman program bullbullhen the abtlse is alleged to haveoeetllTed in a long term eare faeilit) or to the eotlnt) adttltproteetive seniees agene) bullbullhen it is alleged to have oeeUlfedan) vvhere else flftd to the agene) gh en responsibilit) for theinvestigation of eases of elder and dependent adttlt abtlse everykftovm or stlspeeted instflftee of MtlSe of an elder or dependerttadttlt A loeallaw enforeement ageney shall also send a Ylfittenreport thereof bullbullithin ftv0 vvorking dfl)s ofreeei ving the infomlation

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AB518 -22-

eoneeming the ineident to an agenC) to vvhieh it is reqtlired toftutke a telephone report tlIlderthis stlbdh ision

Ed) A long tenn eare ombttdsman eoordinator mll) report theinstlllleeof abtlse to the eot1llryadttlt proteetive seniees ageneyor to the loeal la bullbull enforeement agenC) for assistlllleein theinvestigationof the abttse if the vietim gives his or her eonsent Along tenn eMe ombtldsmllllprogram llIldthe Lieensing llIldCertifieation Division of the State DepMtment ofIIealth Senieesshall immediately report b telephone llIldin vvriting vvithin hiv0tv orkingdll) s to the bm eatl an instlllleeof negleet oeet1ffingin ahealth eare faeiliry that has seriotlsl hMmed an patient orreasonably appeMs to present a seriotls threat to the health orph sieal vvell being of a patient in that ffteiliry If a J ietim orpotential TV ietim of the neglect vithholds eonsent to being identifiedin that report the report shall eontain eirettmstlllltialinformationabom the negleet bm shall not identif) that vietim or potentialvietim and the bttreatl llIldthe reporting agenC) shall maintain theeoniidentialiry of the report tlntil the report beeomes a matter ofptlblie reeord

Ee) hen a eotlllryadttlt proteeti ve sen iees agenC) a long termeare ombtldsman program or a loeal la enforeement ageneyreeeives a report ofabttse negleet or ablllldonmentofllllelder ordependent adttlt alleged to have oeet1ffedin a long term earefaeiliry that eotlnty adtllt proteeti ve sen iees agenC) long termeare ombtldsmlllleoordinator or loeallavv enforeement ageneyshall report the ineident to the lieensing agene b telephone assoon as possible

ED COtl1lt)adtllt proteetive seniees ageneies long term eareombttdsman programs and 10ea1lavvenforeement ageneies shallreport the restllts of their investigations of referrals or reports ofabtlse to the respeetive referring or reporting ageneies

Eg) This seetion shall beeome operative on JllIlt1flry12013SEC 9 Section 156555 of the Welfare and Institutions Code

as amended by Section 11 of Chapter 140 of the Statutes of 2005is amended to read

156555 A county adult protective services agency shallprovide the organizations listed in paragraphs (v) (w) and (x) ofSection 1561017 and mandated reporters of suspected financialabuse of an elder or dependent adult pursuant to Section 156301with instructional materials regarding abuse and neglect of an elder

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-23- AB518

1 or dependent adult and their obligation to report under this chapter2 At a minimum the instructional materials shall include the3 following4 (a) An explanation of abuse and neglect of an elder or dependent

adult as defined in this chapter6 (b) Information on how to recognize potential abuse and neglect7 of an elder or dependent adult8 (c) Information on how the county adult protective services9 agency investigates reports of known or suspected abuse and

neglect11 (d) Instructions on how to report known or suspected incidents12 of abuse and neglect including the appropriate telephone numbers13 to call and what types of information would assist the county adult14 protective services agency with its investigation of the report

(e) This seetion shall remain in eifcet only tlfttil Jflfttlttry 1 201316 and as of that date is repealed tmless a later enaeted stattlte that17 is enaeted before Jafttlttry 12013 deletes or extends that date18 SEC 10 Section 156555 of the Welfareand Institutions Code19 as amended by Section 712 of Chapter 538 of the Statutes of2006

is repealed21 156555 A eottftt) achtlt proteetive serviees agene) shall22 pmvide the organi2ations listed in paragraphs (v) (vv) and Ex) of23 Seetion 1561017 with instItletional materials regarding elder and24 dependent achtlt abtlse and negleet and their obligation to report

under this ehapter At a minimum the instruetional materials shall26 inelude the follovving27 (a) An explanation of elder and dependent achtlt abuse and28 negleet as defined in this ehapter29 (b) Information on how to reeogni2e potential elder and

dependent achtlt abuse and negleet31 (e) Information on ho vIthe eottftt) achtlt proteeti ve serv iees32 agene) investigates reports of knovm or suspeeted abuse and33 negleet34 (d) Instmetions on hovv to report ]movvn or suspeeted ineidents

of abuse and negleet ineltlding the appropriate telephone llt11llbers36 to eall and what rypes of information vvould assist the eount) adult37 proteetirv e sen iees agene) with its in (estigation of the report38 (e) This seetion shall beeome operati e on January I 20 13

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AB 608 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 608Pan

Health care coverage telemedicine

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to health care

httpwww1eginfocagovpubII-12Ibillasmab_0601-0650ab _608_ bill_ 20120201_status 652012

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AB 783 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 783AUTHOR(S) HayashiTOPIC Professional corporations licensed physical therapists

and occupational therapists+LAST AMENDED DATE 04072011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

COMMCOMMCOMM

HIST ACT DATEHIST ACTION

From committeeRule 62(a)

LOCATION SENACTION DATEACTION

06282011In committee Set second hearing Failed passagewithout further action pursuant to Joint

LASTLAST

BUSINESS PROFESSIONS AND ECONOMIC DEVELOPMENT06272011

Set second hearing Failed passage in Committee

TITLE An act to amend Section 2406 of the Business andProfessions Code and to amend Section 134015 of theCorporations Code relating to professional corporations

httpwwwleginfocagovpub11-12billasmab_0751-0800ab_783_bill_20111115_status 652012

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AMENDED IN ASSEMBLY APRIL 7 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 783

Introduced by Assembly Member Hayashi

February 172011

An act to amend Section 2406 of the Business and Professions Codeand to amend Section 134015 of the Corporations Code relating toprofcssiemal eorporations and deelaring the mgeney thereof to tttkeeffeet immediatelyprofessional corporations

LEGISLATIVE COUNSELS DIGEST

AB 783 as amended Hayashi Professional corporations licensedphysical therapists and occupational therapists

Existing law regulating professional corporations provides that certainhealing arts practitioners may be shareholders officers directors orprofessional employees of a medical corporation-er-a podiatric medicalcorporation or a chiropractic corporation subject to certain limitations

This bill would add licensed physical therapists and licensedoccupational therapists to the list of healing arts practitioners who maybe shareholders officers directors or professional employees of thosecorporations The bill would also make conforming changes to a relatedprovision

This bill vv otlld deelare that it is to take etteet immediately as anmgeney statttte

Vote -majority Appropriation no Fiscal committee noState-mandated local program no

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AB783 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 2406 of the Business and Professions2 Code is amended to read3 2406 A medical corporation or podiatry corporation is a4 corporation that is authorized to render professional services as

defined in Sections 13401 and 134015 ofthe Corporations Code6 so long as that corporation and its shareholders officers directors7 and employees rendering professional services who are physicians8 and surgeons psychologists registered nurses optometrists9 podiatrists chiropractors acupuncturists naturopathic doctors

physical therapists or in the case of a medical corporation only11 physician assistants marriage and family therapists or clinical12 social workers are in compliance with the Moscone-Knox13 Professional Corporation Act the provisions of this article and all14 other statutes and regulations now or hereafter enacted or adopted

pertaining to the corporation and the conduct of its affairs16 With respect to a medical corporation or podiatry corporation17 the governmental agency referred to in the Moscone-Knox18 Professional Corporation Act is the board19 SEC 2 Section 134015 of the Corporations Code is amended

to read21 134015 Notwithstanding subdivision (d) of Section 1340122 and any other provision of law the following licensed persons23 may be shareholders officers directors or professional employees24 of the professional corporations designated in this section so long

as the sum of all shares owned by those licensed persons does not26 exceed 49 percent ofthe total number of shares of the professional27 corporation so designated herein and so long as the number of28 those licensed persons owning shares in the professional29 corporation so designated herein does not exceed the number of

persons licensed by the governmental agency regulating the31 designated professional corporation32 (a) Medical corporation33 (1) Licensed doctors of podiatric medicine34 (2) Licensed psychologists

(3) Registered nurses36 (4) Licensed optometrists37 (5) Licensed marriage and family therapists38 (6) Licensed clinical social workers

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-3-

(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists(10) Naturopathic doctors(11) Licensed physical therapists(12)Licensed occupational therapists(b) Podiatric medical corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed optometrists(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(8) Licensed physical therapists(9) Licensed occupational therapists(c) Psychological corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Registered nurses(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed chiropractors(8) Licensed acupuncturists(9) Naturopathic doctors(d) Speech-language pathology corporation(1) Licensed audiologists(e) Audiology corporation(1) Licensed speech-language pathologists(t) Nursing corporation(l) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists

AB783

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AB783 -4-

(10) Naturopathic doctors(g) Marriage and family therapy corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed clinical social workers(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(h) Licensed clinical social worker corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed marriage and family therapists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(i) Physician assistants corporation(1) Licensed physicians and surgeons(2) Registered nurses(3) Licensed acupuncturists(4) Naturopathic doctorsG) Optometric corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(k) Chiropractic corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed acupuncturists(9) Naturopathic doctors

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-5- AB783

(10) Licensed physical therapists(11) Licensed occupational therapists(l) Acupuncture corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed physician assistants(9) Licensed chiropractors(10) Naturopathic doctors(m) Naturopathic doctor corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed physician assistants(5) Licensed chiropractors(6) Licensed acupuncturists(7) Licensed physical therapists(8) Licensed doctors of podiatric medicine(9) Licensed marriage family and child counselors(10) Licensed clinical social workers(11) Licensed optometrists(n) Dental corporation(1) Licensed physicians and surgeons(2) Dental assistants(3) Registered dental assistants(4) Registered dental assistants in extended functions(5) Registered dental hygienists(6) Registered dental hygienists in extended functions(7) Registered dental hygienists in alternative practiceSEC 3 This aet is Ml ttrgene statttte neeessary for the

immediatepresenation of the ptlblie peaee hettlihor saferyvvithinthe meMling of Miele IV of the Constittttion Mld shaHgo intoimmediate effeet The fftets eonstitttting the neeessiry Me

In order to 8t1thorizelieensed physieal therapists to beshareholders offieers mreetors or professional employees of

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AD7S3 -6-

1 memeal eorpofatiofts andpodiatrie medieal eorpofatiofts as soOft2 as possible it is fteeessary that this aet tftke dIeet immediately

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AB 800 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 800Huber

Boards and commissions time reporting

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to add Section 1156410 to the Government Coderelating to boards and commissions

httpwwwleginfocagovpubI11-12billasmlab_0751-0800ab _800_ bill_20120201_status 652012

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AB 958 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 958Bill Berryhill

Regulatory boards limitations periods

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to Art IV Sec 10(e) of theFrom committee Filed with the Chiefto Joint Rule 56BUSINESS PROFESSIONS AND CONSUMER PROTECTION

TITLE An act to add Section 1105 to and to repeal Sections16702 22305 296005 3137 375051 498205499032 5561 5661 76865 988420 and 98898 of theBusiness and Professions Code relating to regulatoryboards

httpwwwleginfocagovpub11-12lbillasmlab_0951-1 OOOab_958 _bill_ 20120202_ status 652012

AB 1003 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 1003Smyth

Professional and vocational licenses

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to professional and vocational licenses

httpwwwleginfocagovpubll-12Ibillasmlab_l00l-l 050ab_1003 _bill_2012020 I_statu 652012

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AB 1205 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1205AUTHOR(S) Bill BerryhillTOPIC Licensed behavior analysts+LAST AMENDED DATE 04042011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to amend Section 499018 of and to add Chapter52 (commencing with Section 252971) to Division 2 ofthe Business and Professions Code relating to healingarts

httpwwwleginfocagovpub11-12billasmab _120 1-1250ab_1205 _bill_20 120201_statu 652012

AB 1435 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1435AUTHOR(S) Dickinson (Coauthors Alejo Buchanan and Hill) TOPIC Child abuse reporting athletic personnelHOUSE LOCATION SEN+LAST AMENDED DATE OS252012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredState-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS for

LASTLAST

APPROPRIATIONSOS252012

Do pass as amendedAyes 17 Noes OOPASS

TITLE An act to amend Section 111657 of the Penal Coderelating to child abuse reporting

httpwww1eginfocagovpub11-12lbiIVasmab_140 1-1450ab _1435 _bill~0120601_statu 652012

AMENDED IN ASSEMBLY MAY 25 2012

AMENDED IN ASSEMBLY MARCH 21 2012

AMENDED IN ASSEMBLY MARCH 142012

AMENDED IN ASSEMBLY FEBRUARY 29 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1435

Introduced by Assembly Member Dickinson(Coauthors Assembly Members Alejo Buchanan and Hill)

January 4 2012

An act to amend Section 111657 of the Penal Code relating to childabuse reporting

LEGISLATIVE COUNSELS DIGEST

AB 1435 as amended Dickinson Child abuse reporting athleticpersonnel

Existing law the Child Abuse and Neglect Reporting Act requiresa mandated reporter as defined to report whenever he or she in his orher professional capacity or within the scope of his or her employmenthas knowledge of or observed a child whom the mandated reporterknows or reasonably suspects has been the victim of child abuse orneglect Failure to report an incident is a crime punishable byimprisonment in a county jail for a period of up to 6 months a fine ofup to $1000 or by both that imprisonment and fine

This bill would add athletic coaches athletic administrators andathletic directors employed by a public or private organization to thelist of individuals who are mandated reporters The bill otlld reqtlirean ptlblie or pri v ate orgflftizationernplo ing flftathletieeoaen Mhletie

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AB 1435 -2-

ftdministrator or Mhletie direetor to hftve provided initiftl trftining byJflfttlM) I 2014 on speeified mfttters relMing to ehiM a-bttse ftftdnegleetfor those employees On ftftd ftfter lftnuftry 12014 the bill vvottld reeJtlireinitiftl trftining to be pro vided IV ithin 6 months of the dMe ftn indi vidttftlbeeomes employed in thM eftlfteiry The bill vvouM require theseindividuftls to eomplete eontifttling tminmg every 2 yeMs

By imposing the reporting requirements on a new class of personsfor whom failure to report specified conduct is a crime ftftdby imposingne~ trftining reeJtlirements on publie oIgftfiiZMions ineluding loeftlgOvernment entities this bill would impose a state-mandated localprogram

The Cftlifomift Constittltion reqtlires the stMe to reimbtlfse loeftlftgeneies ftnd sehool distriets for eertftin eosts mftftdMed by the stftteStftttltory pItYvisions esffiblish proeedtlfes for mftkffigthftt reimbtlfsement

This bill hould pro vide thM 4vith regMd to eertftin mftftdfttes noIeimbtlfsement is reeJtlired by this ftet for ft speeified reftson

Vith regftM to ftny other mftndMeS this bill vv0tlM pro vide thM if theCommission on StMe ~bndtltes determines thM the bill eontftins eostsso mftndftted by the stftte reimbttIsement for those eosts shftll be mftdeptlfStlftnt to the stftttltory pro visions noted ttbo ve

The California Constitution requires the state to reimburse localagencies and school districts for certain costs mandated by the stateStatutory provisions establish procedures for making thatreimbursement

This bill would provide that no reimbursement is required by this actfor a specified reason

Vote majority Appropriation no Fiscal committee yesState-mandated local program yes

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 111657 of the Penal Code is amended2 to read3 111657 (a) As used in this article mandated reporter is4 defined as any of the following5 (1) A teacher6 (2) An instructional aide7 (3) A teachers aide or teachers assistant employed by any8 public or private schooL9 (4) A classified employee of any public schooL

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15

20

25

30

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-3- AB 1435

1 (5) An administrative officer or supervisor of child welfare and2 attendance or a certificated pupil personnel employee of any public3 or private school4 (6) An administrator of a public or private day camp

(7) An administrator or employee of a public or private youth6 center youth recreation program or youth organization7 (8) An administrator or employee of a public or private8 organization whose duties require direct contact and supervision9 of children

(9) Any employee of a county office of education or the State11 Department of Education whose duties bring the employee into12 contact with children on a regular basis13 (10) A licensee an administrator or an employee of a licensed14 community care or child day care facility

(11) A Head Start program teacher16 (12) A licensing worker or licensing evaluator employed by a17 licensing agency as defined in Section 111651118 (13) A public assistance worker19 (14) An employee of a child care institution including but not

limited to foster parents group home personnel and personnel of21 residential care facilities22 (15) A social worker probation officer or parole officer23 (16) An employee of a school district police or security24 department

(17) Any person who is an administrator or presenter of or a26 counselor in a child abuse prevention program in any public or27 private school28 (18) A district attorney investigator inspector or local child29 support agency caseworker unless the investigator inspector or

caseworker is working with an attorney appointed pursuant to31 Section 317 of the Welfare and Institutions Code to represent a32 mmor33 (19) A peace officer as defined in Chapter 45 (commencing34 with Section 830) of Title 3 of Part 2 who is not otherwise

described in this section36 (20) A firefighter except for volunteer firefighters37 (21) A physician and surgeon psychiatrist psychologist dentist38 resident intern podiatrist chiropractor licensed nurse dental39 hygienist optometrist marriage and family therapist clinical social

worker professional clinical counselor or any other person who

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AB 1435 -4-

is currently licensed under Division 2 (commencing with Section500) of the Business and Professions Code

(22) Any emergency medical technician I or II paramedic orother person certified pursuant to Division 25 (commencing withSection 1797) of the Health and Safety Code

(23) A psychological assistant registered pursuant to Section2913 of the Business and Professions Code

(24) A marriage and family therapist trainee as defined insubdivision (c) of Section 498003 of the Business and ProfessionsCode

(25) An unlicensed marriage and family therapist internregistered under Section 498044 of the Business and ProfessionsCode

(26) A state or county public health employee who treats a minorfor venereal disease or any other condition

(27) A coroner(28) A medical examiner or any other person who performs

autopsies(29) A commercial film and photographic print processor as

specified in subdivision (e) of Section 11166 As used in thisarticle commercial film and photographic print processor meansany person who develops exposed photographic film into negativesslides or prints or who makes prints from negatives or slides forcompensation The term includes any employee of such a personit does not include a person who develops film or makes prints fora public agency

(30) A child visitation monitor As used in this article childvisitation monitor means any person who for financialcompensation acts as monitor of a visit between a child and anyother person when the monitoring of that visit has been orderedby a court of law

(31) An animal control officer or humane society officer Forthe purposes ofthis article the following terms have the followingmeanings

(A) Animal control officer means any person employed by acity county or city and county for the purpose of enforcing animalcontrol laws or regulations

(B) Humane society officer means any person appointed oremployed by a public or private entity as a humane officer who is

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-5- AB 1435

qualified pursuant to Section 14502 or 14503 of the CorporationsCode

(32) A clergy member as specified in subdivision (d) of Section11166 As used in this article clergy member means a priestminister rabbi religious practitioner or similar functionary of achurch temple or recognized denomination or organization

(33) Any custodian of records of a clergy member as specifiedin this section and subdivision (d) of Section 11166

(34) Any employee of any police department county sheriffsdepartment county probation department or county welfaredepartment

(35) An employee or volunteer of a Court Appointed SpecialAdvocate program as defined in Rule 1424 ofthe California Rulesof Court

(36) A custodial officer as defined in Section 8315(37) Any person providing services to a minor child under

Section 12300 or 123001 of the Welfare and Institutions Code(38) An alcohol and drug counselor As used in this article an

alcohol and drug counselor is a person providing counselingtherapy or other clinical services for a state licensed or certifieddrug alcohol or drug and alcohol treatment program Howeveralcohol or drug abuse or both alcohol and drug abuse is not inand of itself a sufficient basis for reporting child abuse or neglect

(39) A clinical counselor trainee as defined in subdivision (g)of Section 499912 of the Business and Professions Code

(40) A clinical counselor intern registered under Section 499942of the Business and Professions Code

(41) An athletic coach athletic administrator or athletic directoremployed by a public or private organization including but notlimited to schools and instittttions of higher e6ueation thatprovidekindergarten or any of grades 1 to 12 inclusive

(b) Except as provided in paragraph (35) of subdivision (a)volunteers of public or private organizations whose duties requiredirect contact with and supervision of children are not mandatedreporters but are encouraged to obtain training in the identificationand reporting of child abuse and neglect and are further encouragedto report known or suspected instances of child abuse or neglectto an agency specified in Section 111659

(c) Employers are strongly encouraged to provide theiremployees who are mandated reporters with training in the duties

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AB 1435 -6-

imposed by this article This training shall include training in childabuse and neglect identification and training in child abuse andneglect reporting Whether or not employers provide theiremployees with training in child abuse and neglect identificationand reporting the employers shall provide their employees whoare mandated reporters with the statement required pursuant tosubdivision (a) of Section 111665

(d) School districts that do not train their employees specifiedin subdivision (a) in the duties of mandated reporters under thechild abuse reporting laws shall report to the State Department ofEducation the reasons why this training is not provided

(e) Unless otherwise specifically provided the absence oftraining shall not excuse a mandated reporter from the dutiesimposed by this article

(f) Public and private organizations are encouraged to providetheir volunteers whose duties require direct contact with andsupervision of children with training in the identification andreporting of child abuse and neglect

(g) (1) On 6r befure Jttmtary 1 2014 ttll) pttblie 6r privflie6rganizttti6ftemp16ing ttft Mhletie e6tteh Mhletie ttdmimstrltt6r6r Mhletie direet6r ttSspeeified ift pMttgrttph (41) 6f sttbdivisi6ft(tt) shttll pr6 vide iftitittl trttining f6r th6se empl~ ees 6n thefull6vvingmtttters

(A) The identifiettti6n 6f ehild ttbttse ttnd negleet(D) Aeti vities thttt e6ftstitttte inltppr6prittte ttftd illegttl e6ntttet

betiveen tt 6tlth ltftd ltft ttthietie e6tteh Mhletie ttdmiftistrttt6r 6rttthietie direet6r

(6) The resp6nsibilities 6f tt pers6n identified lIStt mttndfliedrep6rter in this seeti6n ineIttding btl ft6t limited t6 ttll 6f thefull6 vving

(i) T6 ~h6m tt rep6rt is reqtlired t6 be mttde(ii) The inf6rmttti6n thttt is reqttired t6 be ifte1ttdedin tt rep6rt(iii) The time vvithiftvvhieha mandated rep6rter is reqttired t6

file tt rep6rt(2) Initittl training shall be pr6vided b perS6ftSkn6vvledgeltble

ift the identifiettti6n 6fehild aettse ttnd negleet inltppf6prittte ltftdillegal e6ntaet bem eena 6ttth and ltftadttIt ltftdstatttt6ry rep6rtingreqttiremeftts ltftdshttll e6nsist 6ftw6 h6ttrs 6felassr66m 6r 6therinteraetive trainiftg ltftdedttettti6n

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-7- AB 1435

1 (h) Commeneing on fmd aftel Jfmtlftry12014 fmofgfmization2 speeified in sttbdivision (g) shaHpro ide initial training within six3 months of the date that fm individtutl beeomes empleryed as an4 Mhletie eoaeh athletie administrator or athletie direetor ttnless5 the indi idttal reeei ed training Hithin tw0 years prior to the date6 the indi idtlal is empleryed An Mhletie eoaeh athletie7 administrator or athletie direetor Hho has leeeied initial training8 ptlfStlafttto sttbdiision (g) shall eomplete eontifttling training9 thereafter onee eery two years eonsisting of one hottf of

10 elassroom or other interaeti e training fmd edtteation11 SEC 2 No reimbtlrsement is reqtlired by this aet pttfStlafttto12 Seetion 6 ofArtiele )GIlD of the California Constitution for eertain13 eosts that may be inetllTed by a loeal ageney or sehool distriet14 beeatlse ift that regard this aet ereates a nev erime or infraetion15 eliminates a erime or infraetion or ehfmges the penalty fOfa erime16 or inflaetion Hithin the meaning of Seetion 17556 of the17 Goemment Code or ehanges the definition ofa elime Hithin the18 meaning of Seetion 6 of Aniele XIII D of the Califomia19 Constitution20 IIo~eer if the Commission on State Mfmdates determines that21 this aet eontainsother eosts mfmdated by the state reimbttfsement22 to loeal ageneies fmd sehool distliets for those eosts shall be made23 ptlfStlafttto Part 7 (eommeneing Hith Seetion 17500) of Division24 4 of Title 2 of the Goemment Code25 SEC 2 No reimbursement is required by this act pursuant to26 Section 6 of Article XIII B of the California Constitution because27 the only costs that may be incurred by a local agency or school28 district will be incurred because this act creates a new crime or29 infraction eliminates a crime or infraction or changes thepenalty30 for a crime or infraction within the meaning of Section 17556 of31 the Government Code or changes the definition of a crime within32 the meaning of Section 6 of Article XIII B of the California33 Constitution

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AB 1904 Assembly Bill Status

MEASURE AUTHOR(S)TOPIC

HOUSE

CURRENT BILL STATUS

AB No 1904Block Butler and

Professions and vocationslicenses

LOCATION

Cookmilitary spouses temporary

TYPE OF BILL

SEN

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyAppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpub11-12billasmab _1901-1950ab _1904_ bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes Noes OOPASS17

An act to add Section 1155 to the Business andProfessions Code relating to professions and vocationsand making an appropriation therefor

-

AB 1588 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1588AUTHOR(S) Atkins (Principal coauthors Cook and Nielsen)

(Coauthors Block Beth Gaines Pan V Manuel PerezWilliams and Yamada)

TOPIC Professions and vocations reservist licensees fees andcontinuing education

HOUSE LOCATION SEN+LAST AMENDED DATE 03052012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS forLAST

LAST

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

TITLE An act to add Section 1143 to the Business andProfessions Code relating to professions and vocations

htlpllwwwleginfocagovpubll-12Ibillasmlab _1551-1600ab _1588 _bill_20120601_statu 652012

middot

AMENDED IN ASSEMBLY MARCH 5 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1588

Introduced by Assembly Member Atkins(Principal coauthors Assembly Members Cook and Nielsen)

(Coauthors Assembly Members Block Beth Gaines PanV Manuel Perez Williams and Yamada)

February 6 2012

An act to add Section 1143 to the Business and Professions Coderelating to professions and vocations

LEGISLATIVE COUNSELS DIGEST

AB 1588 as amended Atkins Professions and vocations reservistlicensees fees and continuing education

Existing law provides for the regulation of various professions andvocations by boards commissions or bureaus within the Departmentof Consumer Affairs and for the licensure or registration of individualsin that regard Existing law authorizes any licensee whose licenseexpired while he or she was on active duty as a member of the CaliforniaNational Guard or the United States Armed Forces to reinstate his orher license without examination or penalty if certain requirements aremet

This bill would require the boards commissions or bureaus describedabove to waive the renewal fees and continuing education requirementsif either is applicable of any licensee or registrant who is a reservistcalled to active duty as a member of the United States Military Reserveor the California National Guard if certain requirements are met

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

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AB 1588 -2-

Thepeople of the State of Califomi a do enact asfollows

1 SECTION 1 Section 1143 is added to the Business and2 Professions Code to read3 1143 Notwithstanding any other provision oflaw everyboard4 commission or bureau within the department shall waive the5 renewal fees and continuing education requirements if either is6 applicable for any licensee or registrant who is a reservist called7 to active duty as a member of the United States Military Reserve8 or the California National Guard if all of the following9 requirements are met

10 (a) The licensee or registrant was in good standing with the11 board commission or bureau at the time the reservist was called12 to active duty13 (b) The renewal fees or continuing education requirements are14 waived only for the period during which the reservist is on active15 duty service16 (c) The active duty reservist or the active duty reservists spouse17 or registered domestic partner provides written notice satisfactory18 to the board commission or bureau that substantiates the19 reservists active duty service

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AB 1896 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1896AUTHOR(S) ChesbroTOPIC Tribal health programs health care practitionersHOUSE LOCATION SEN+LAST AMENDED DATE 03272012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATIONCOMM ACTION DATECOMM ACTIONCOMM VOTE SUMMARY

ASM

05172012Referred to Com on B P amp EDBUSINESS PROFESSIONS AND CONSUMER PROTECTION04102012

Do passAyes 09 Noes OOPASS

TITLE An act to amend the heading of Article 10 (commencingwith Section 710) of Chapter 1 of Division 2 of and toadd Section 719 to the Business and Professions Coderelating to healing arts

httpwwwleginfocagovpubI11-12lbillasmab_1851-1900ab_1896_bill_20120517 _statu 652012

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AMENDED IN ASSEMBLY MARCH 27 2012

CALIFORNIA LEGISLATURE-20II-12 REGULAR SESSION

ASSEMBLY BILL No 1896

Introduced by Assembly Member Chesbro

February 222012

An act to amend the heading of Article 10 (commencing with Section710) of Chapter 1 of Division 2 of and to add Section 719 to theBusiness and Professions Code relating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1896 as amended Chesbro Tribal health programs health carepractitioners

Under existing federal law licensed health professionals employedby a tribal health program are required to be exempt if licensed in anystate from the licensing requirements of the state in which the tribalhealth program performs specified services A tribal health program isdefined as an Indian tribe or tribal organization that operates any healthprogram service function activity or facility funded in whole or partby the Indian Health Service

Existing law provides for the licensure and regulation of health carepractitioners by various healing arts boards within the Department ofConsumer Affairs

This bill would codify that federal requirement by specifying that aperson who is licensed as a health care practitioner in any other stateand is employed by a tribal health program is exempt from any statelicensing requirement with respect to acts authorized under thepersonslicense where the tribal health program performs specified services

Vote majority Appropriation no Fiscal committee noState-mandated local program no

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AD 1896 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 The heading of Article 10 (commencing with2 Section 710) of Chapter 1 of Division 2 of the Business and3 Professions Code is amended to read456789

101112131415161718192021

Article 10 Federal Personnel and Tribal Health Programs

SEC 2 Section 719 is added to the Business and ProfessionsCode to read

719 (a) A person who is licensed as a health care practitionerin any other state and is employed by a tribal health program asdefined in Section 1603 of Title 25 of the United States Code shallbe exempt from any licensing requirement described in this divisionwith respect to acts authorized under the persons license wherethe tribal health program performs the services described in thecontract or compact of the tribal health program under the IndianSelf-Determination and Education Assistance Act (25 USC Sec450 et seq)

(b) For purposes of this section health care practitioner meansany person who engages in acts that are the subject of licensureor regulation under this division or Ml) initiative 8et referred to inthis division the law of any other state

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CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1904

Introduced by Assembly Members Block Butler and Cook

February 222012

An act to add Section 1155 to the Business and Professions Coderelating to professions and vocations and making an appropriationtherefor

LEGISLATIVE COUNSELS DIGEST

AB 1904 as introduced Block Professions and vocations militaryspouses temporary licenses

Existing law provides for the licensure and regulation of variousprofessions and vocations by boards within the Department of ConsumerAffairs Existing law provides for the issuance of reciprocal licenses incertain fields where the applicant among other requirements has alicense to practice within that field in another jurisdiction as specifiedUnder existing law licensing fees imposed by certain boards withinthe department are deposited in funds that are continuously appropriated

This bill would authorize a board within the department to issue atemporary license to an applicant who among other requirements holdsan equivalent license in another jurisdiction as specified and is marriedto or in a legal union with an active duty member of the Armed Forcesofthe United States who is assigned to a duty station in California underofficial active duty military orders The bill would require a board toexpedite the process for issuing these temporary licenses The bill wouldrequire the applicant to pay any fees required by the board and wouldrequire that those fees be deposited in the fund used by the board toadminister its licensing program To the extent that the bill would

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AB 1904 -2-

increase the amount of money deposited into a continuously appropriatedfund the bill would make an appropriation

Vote majority Appropriation yes Fiscal committee yesState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 1155 is added to the Business and2 Professions Code to read3 1155 (a) A board within the department may issue a4 temporary license to an applicant who meets all of the following5 requirements6 (l) Submits an application in the manner prescribed by the7 board8 (2) Supplies evidence satisfactory to the board that the applicant9 is married to or in a domestic partnership or other legal union

10 with an active duty member of the Armed Forces of the United11 States who is assigned to a duty station in this state under official12 active duty military orders13 (3) Holds a current license in another state district or territory14 of the United States with the requirements that the board determines15 are substantially equivalent to those established under this code16 for that occupation17 (4) Has not committed an act in anyjurisdiction that would have18 constituted grounds for denial suspension or revocation of the19 license under this code at the time the act was committed20 (5) Has not been disciplined by a licensing entity in another21 jurisdiction and is not the subject of an unresolved complaint22 review procedure or disciplinary proceeding conducted by a23 licensing entity in another jurisdiction24 (6) Pays any fees required by the board Those fees shall be25 deposited in the applicable fund or account used by the board to26 administer its licensing program27 (7) Submits fingerprints and any applicable fingerprinting fee28 in the manner required of an applicant for a regular license29 (b) A board shall expedite the procedure for issuing a temporary30 license pursuant to this section31 (c) A temporary license issued under this section shall be valid32 for 180 days except that the license may at the discretion of the

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-3- AB 1904

I board be extended for an additional180-day period on application2 of the license holder3 (d) A board may adopt regulations necessary to administer this4 section

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AB 1932 Assembly Bill Status

MEASURE AUTHOR(S)TOPICHOUSE+LAST

CURRENT BILL STATUS

AB No 1932Gorell (Coauthor Cook)

United States armed services healing arts boardsLOCATION SENAMENDED DATE 04172012

TYPE OF BILL

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpubI11-12Ibillasmab_1901-1950ab_1932_bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

An act to add Section 7102 to the Business andProfessions Code relating to healing arts

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AMENDED IN ASSEMBLY APRIL 172012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1932

Introduced by Assembly Member-Ceek Gorell(Coauthor Assembly Member Cook)

February 222012

An act to add Section 7102 to the Business and Professions Coderelating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1932 as amended euroook Gorell United States armed serviceshealing arts boards

Existing law provides for the licensure and regulation of varioushealing arts professions and vocations by boards within the Departmentof Consumer Affairs Existing law requires the rules and regulations ofthese healing arts boards to provide for methods of evaluating educationtraining and experience obtained in military service if such training isapplicable to the requirements of the particular profession or vocationregulated by the board Under existing law the Department of VeteransAffairs has specified powers and duties relating to various programsserving veterans

This bill would require by January 12014 and annually thereafterevery healing arts board to issue a specified written report to theDepartment of Veterans Affairs and the Legislature as specified thatclearly details the methods of evaluating the education training andexperience obtained in military service and whether that educationtraining and experience is applicable to the boards requirements forlicensure The bill would declare the intent of the Legislature in thisregard

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AB 1932 -2-

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 710 of the Business and Professions Code2 was enacted in 1969 and because healing arts boards have not3 demonstrated significant compliance with that section it is the4 intent of the Legislature to establish an annual reporting5 requirement to compel these boards to provide information about6 the methods of evaluating education training and experience7 obtained in military service in order to meet the needs of the8 upcoming wave of armed service members returning to civilian9 life

10 SEC 2 Section 7102 is added to the Business and Professions11 Code to read12 7102 (a) By January 12014 and annually thereafter every13 healing arts board described in this division shall issue a written14 report to the Department of Veterans Affairs and to the Legislature15 that clearly details the methods of evaluating the education16 training and experience obtained in military service and whether17 that education training and experience is applicable to the boards18 requirements for licensure This written report shall include but19 not be limited to quantitative information about the number of20 service members who have applied for and have used their military21 education training and experience to fulfill the boards22 requirements for licensure23 (b) (1) The requirement to submit a report to the Legislature24 under subdivision (a) shall be inoperative on January 1 201825 pursuant to Section 102315 of the Government Code26 (2) A report to the Legislature shall be submitted in compliance27 with Section 9795 of the Government Code

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      • DISCUSSION AND POSSIBLE ACTION REGARDING PENDING LEGISLATION
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Page 3: DISCUSSION ANDPOSSIBLE ACTION REGARDING PENDING … · 2012-06-14  · Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of2010 (PublicLaw 111-152)

AMENDED IN ASSEMBLY JANUARY 23 2012

AMENDED IN ASSEMBLY MAY 3 2011

AMENDED IN ASSEMBLY APRIL 6 2011

CALIFORNIA LEGISLATURE-20II-12 REGULAR SESSION

ASSEMBLY BILL No 171

Introduced by Assembly Member Beall(Coauthors Assembly Members Ammiano Blumenfield Brownley

Carter Chesbro Eng Huffman Mitchell Swanson WieckowskiWilliams and Yamada)

January 202011

An act to add Section 131413 1374745 to the Health and SafetyCode and to add Section 1014451 1014453 to the Insurance Coderelating to health care coverage

LEGISLATIVE COUNSELS DIGEST

AB 171 as amended Beall Atttism sleetmm elisorder Pervasivedevelopmental disorder or autism

(1) Existing law provides for licensing and regulation of health careservice plans by the Department of Managed Health Care A willfulviolation of these provisions is a crime Existing law provides forlieeftsin-g Imel the regulation of health insurers by the InsuranceCommissioner Existing law requires health care service plan contractsand health insurance policies to provide benefits fell speemeel eoftelitiollsilleltlelillgeertaill mefttal health eoftelitiofts coverage for the diagnosisand treatment of severe mental illnesses including pervasivedevelopmental disorder or autism under the same terms and conditionsapplied to other medical conditions as specified Commencing July 12012 and until July 1 2014 existing law requires health care service

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plan contracts and health insurance policies to provide coverage forbehavioral health treatment as defined for pervasive developmentaldisorder or autism

This bill would require health care service plan contracts and healthinsurance policies to provide coverage for the screening diagnosis andtreatment other than behavioral health treatment of mrtism speetmmdis()rderspervasive developmental disorder or autism The bill wouldhowever provide that no benefits are required to be provided lry a hettlthbenefit plan ()iIered tllf()t1gft the Califomia Health Benefit EJCehangethat eJteeedthe essentittlhettlthbenefits reqttired that exceed the essentialhealth benefits that will be required under specified federal law Thebill would prohibit e()vetagefr()Mbeing denied for speeified reas()nshealth care service plans and health insurersfrom denying terminatingor refusing to renew coverage solely because the individual is diagnosedwith or has received treatment for pervasive developmental disorderor autism Because the bill would change the definition of a crime withrespect to health care service plans it would thereby impose astate-mandated local program

(2) The California Constitution requires the state to reimburse localagencies and school districts for certain costs mandated by the stateStatutory provisions establish procedures for making that reimbursement

This bill would provide that no reimbursement is required by this actfor a specified reason

Vote majority Appropriation no Fiscal committee yesState-mandated local program yes

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 137473 1374745 is added to the Health2 and Safety Code to read3 1374734 1374745 (a) Every health care service plan contract issued5 amended or renewed on or after January 1~ 2013 that6 provides hospital medical or surgical coverage shall provide7 coverage for the screening diagnosis and treatment of mrtism8 speetlttM dis()rderspervasive developmental disorder or autism9 (b) A health care service plan shall not terminate coverage or

10 refuse to deliver execute issue amend adjust or renew coverage11 to an enrollee solely because the individual is diagnosed with or

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has received treatment for 811mttism sleetmm disorder pervasivedevelopmental disorder or autism

(c) Coverage required to be provided under this section shallextend to all medically necessary services and shall not be subjectto any limits regarding age number of visits or dollar amountsCoverage required to be provided under this section shall not besubject to provisions relating to lifetime maximums deductiblescopayments or coinsurance or other terms and conditions that areless favorable to an enrollee than lifetime maximums deductiblescopayments or coinsurance or other terms and conditions thatapply to physical illness generally under the plan contract

(d) Coverage required to be provided under this section is ahealth care service and a covered health care benefit for purposesof this chapter Coverage shall not be denied on the basis of thelocation of delivery of the treatment or on the basis that thetreatment is habilitative nonrestorative educational academic orcustodial in nature

(e) A health care service plan may request no more than onceannually a review of treatment provided to an enrollee for mttismsleetmm disorders pervasive developmental disorder or autismThe cost of obtaining the review shall be borne by the plan Thissubdivision does not apply to inpatient services

(f) A health care service plan shall establish and maintain anadequate network of qualified mttism service providers withappropriate training and experience in 8tttism sleetmm disorderspervasive developmental disorder or autism to ensure that enrolleeshave a choice of providers and have timely access continuity ofcare and ready referral to all services required to be provided bythis section consistent with Sections 1367 and 136703 and theregulations adopted pursuant thereto

(g) (l) This section shall not be construed as reducing anyobligation to provide services to an enrollee under an individualizedfamily service plan an individualized program plan a preventionprogram plan an individualized education program or anindividualized service plan

(2) This section shall not be construed as limiting or excludingbenefits that are otherwise available to an enrollee under a healthcare service-plan-plan including but not limited to benefits thatare required to be covered pursuant to Sections 137472 and137473

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(3) This section shall not be construed to mean that the servicesrequired to be covered pursuant to this section are not requiredto be covered under other provisions of this chapterffl(4) This section shall not be construed as affecting litigation

that is pending on January 12012(h) On and after Jalttlllry 1 2014 to the extent that this seetion

reqttires health henefits to he pt0 vided that ellteeedthe essenti8lhealth henefits reqtlired to he pro vided tmder Seetion 1302(h) ofthe federal Patient Proteetion and Affordable CMe Aet (Ptth1ieLaw 111 148) as amended h the federal He8lth Cate andEdtteation Reeoneiliation Aet of 2010 (Ptlhlie La~v 111 152) hyqtl8lifiedhe8lth plans offering those henefits in the CalifomiaHealth Benefit ElltehangeptlfStl8lltto Title 22 (eommeneing vvithSeetion 100500) of the Government Code the speeifie henefitsthat ellteeedthe federaU reqtlired essential health henefits are notreqttired to he pro vided hen offered h a health eat e sen iee planeontIaet thrOtlgh the ElltehangeHowe-fer those speeifie henefitsMereqtlired to he pro vided if offered h a health eMe sen iee planeontraet otltside of the Elltehange

(h) Notwithstanding subdivision (a) on and after January 12014 this section does not require any benefits to beprovided thatexceed the essential health benefits that all health plans will berequired byfederal regulations to provide under Section 1302(b)of the federal Patient Protection and Affordable Care Act (PublicLaw 111-148) as amended by the federal Health Care andEducation Reconciliation Act of2010 (Public Law 111-152)

(i) As used in this section the following tenus shall have thefollowing meanings

(1) Atltism speetunn disorder means a nettrohiologiealeondition that inelttdes 8ttistiedisorder Aspergers disorder Rettsdisorder ehildhood disintegtative disorder and penasivedeielopment8l disorder not othenv ise speeified

(2) Behavioral health treatment me8fiSprofessional senieesand treatment progt ams ineltlding heh8gtioml inten ention thetapy81plied heh8iioral analysis and other intensive hehavioralprograms that have demonstrated eftieae to develop maintainor restore to the m8lltimttmellttentpraetieable the ftmetioning orqtla1iryof life of an individttal and that have been demonstrated

96

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-5- AB 171

to trettt the eore symptoms ttssoeittted Wvith tttttism speetrumdisorder

(3) Behtt iorttl intervefttion therttpy meMS the designimplementMion Md ettltltttion of enironmentttl modifietttionstlsing behtt iorM stimttli Md eonseqtlenees to prodttee soeittllysignifiettftt impro vement in behtt iors inelttding the tlse of direetobsen tttion mettstlfement ttnd fttnetionM ttnMyses of thereltttionship beh een engtironment Md behtt iorf41(1) Diagnosis of tttttism speetrum disoIders pervasive

developmental disorder or autism means medically necessaryassessment evaluations or tests to diagnose whether an individualhas one of the tttttism speetmm disoIders pervasive developmentaldisorder or autism

(5) E idenee bttsed resettreh mettns resettreh thttt ttppliesrigorotls sy stemtttie md obj eeti bulle proeedtlres to obtttin bullttlidknovvledge rek4ttnt to tttttism speetmm disorders

(2) Pervasive developmental disorder or autism shall havethe same meaning and interpretation as used in Section 137472

(3) Pharmacy care means medications prescribed by a licensedphysician and surgeon or other appropriately licensed or certifiedprovider and any health-related services deemed medicallynecessary to determine the need or effectiveness of the medications

e1(4) Psychiatric care means direct or consultative psychiatric

services provided by a psychiatrist or ttftY other ttppropritttelylieensed or eertified proider licensed in the state in which he orshe practices

t81(5) Psychological care means direct or consultative

psychological services provided by a psychologist or ttny otherftPpropritttely lieensed or eertified pro ider licensed in the state inwhich he or she practices

(9) Qtlttlified tttttism sen iee pro dder shttll inelttde Myntttionttlly or stttte lieensed or eertified person entity or grottp thtttdesigns sttpervises or pro) ides tretttment of tttttism speetntmdisorders Md the ttnlieensed persoflftel sttpervised by the lieensedor eertified person entity or gIOtlp proided the seniees ttreWvithinthe expeIienee md seope of prttetiee of the lieensed or

96

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AD 171 -6-

eertified person entity or grottp Qualified atltism senieeprolider shall also inelttde llft)serviee prot idef that is venaorizedby a regional eenter to pro vide those same seniees for fltltismspeetrttm disorders under DF~ision45 (eommeneing with Seetion4500) of the WeUftre and Instittttions Code or Title 14(eommeneing with Seetion 95000) of the GOvernment Code tmdthe ttnlieensed personnel sttpen ised b that pro vider or a StateDepMtment of Edtleation nonpttblie nonseetMitm agenq asdefined in Seetion 56035 of the Edtteation Code llpproved topro vide those same sen iees for fltltismspeetl tlm disorders and thettnlieensed personnel supen ised b that agene A qttalifiedfltltismseniee prOvider shall enstlfe eriminal baekgrotmdsereening tmdfingerprinting and adeqttate training and stlpenision of allpersonnel tltilizedto implement serviees Any nationallieense oreertifieation reeognizedby this seetion shaH be aeeredited by theNational Commission for Certiryi~ Agencies ~mCA)

fW1(6) Therapeutic care means services provided by a licensed

or certified speech therllpists therapist an occupational therllpiststherapist or a physical therllpists or tmy other llppropriatelylieensed or eertified pro vider therapist

fH1(7) Treatment for fltltism speetrttm disorders pervasive

developmental disorder or autism means all of the followingcare including necessary equipment that develops maintains orrestores to the maximum extent practicable the functioning orquality of life of an individual with pervasive developmentaldisorder or autism and is prescribed or ordered for an individualdiagnosed with one of the fltltism speetrttm disorders pervasivedevelopmental disorder or autism by a licensed physician andsurgeon or a licensed psychologist or an other llppropriatelylieensed or eertified pro vider who determines the care to bemedically necessary

(A) Behavioral health treatlnent(B1(A) Pharmacy care if the plan contract includes coverage for

prescription drugseuro1(B) Psychiatric care(B1

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-7- AB 171

(C) Psychological care$1(D) Therapeutic care(F) Aft) eMe flt)rindi vidttals vvith tttttism sleetmm dis6rders

that is dem6nstrated based tlf6n best Ilaetiees 6r evidenee basedreseMeh t6 be medieaH) neeessary

(8) Treatmentfor pervasive developmental disorder or autismdoes not include behavioral health treatment as defined in Section137473

(j) This section with the exception of subdivision (b) shall notapply to dental-only or vision-only health care service plancontracts

SEC 2 Section 10144511014453 is added to the InsuranceCode to read

10144511014453 (a) Everyhealthinsurancepolicyissuedamended

or renewed on or after January 1 2012 2013 that provideshospital medical or surgical coverage shall provide coverage forthe screening diagnosis and treatment of atltism sleetmmdis6rders pervasive developmental disorder or autism

(b) A health insurer shall not terminate coverage or refuse todeliver execute issue amend adjust or renew coverage to aninsured solely because the individual is diagnosed with or hasreceived treatment for Mt Mttism sleetmm dis6rder pervasivedevelopmental disorder or autism

(c) Coverage required to be provided under this section shallextend to all medically necessary services and shall not be subjectto any limits regarding age number of visits or dollar amountsCoverage required to be provided under this section shall not besubject to provisions relating to lifetime maximums deductiblescopayments or coinsurance or other terms and conditions that areless favorable to an insured than lifetime maximums deductiblescopayments or coinsurance or other terms and conditions thatapply to physical illness generally under the policy

(d) Coverage required to be provided under this section is ahealth care service and a covered health care benefit for purposesof this part Coverage shall not be denied on the basis of thelocation of delivery of the treatment or on the basis that thetreatment is habilitative nonrestorative educational academic orcustodial in nature

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AB 171 -8-

(e) A health insurer may request no more than once annuallya review of treatment provided to an insured for tttttism speetfllftidisorders pervasive developmental disorder or autism The costof obtaining the review shall be borne by the insurer Thissubdivision does not apply to inpatient services

(f) A health insurer shall establish and maintain an adequatenetwork of qualified tttttism service providers with appropriatetraining and experience in atttism speetmm disorders pervasivedevelopmental disorder or autism to ensure that insureds have achoice of providers and have timely access continuity of careand ready referral to all services required to be provided by thissection consistent with Sections 101335 and 1013355 and theregulations adopted pursuant thereto

(g) (1) This section shall not be construed as reducing anyobligation to provide services to an insured under an individualizedfamily service plan an individualized program plan a preventionprogram plan an individualized education program or anindividualized service plan

(2) This section shall not be construed as limiting or excludingbenefits that are otherwise available to an enrollee under a healthinsurance policy including but not limited to benefits that arerequired to be covered under Sections 101445 and 1014451

(3) This section shall not be construed to mean that the servicesrequired to be covered pursuant to this section are not requiredto be covered under other provisions of this chapter

f31(4) This section shall not be construed as affecting litigation

that is pending on January 12012(h) On ttnd after JMltlttry12014 to the extent that this seetion

reqtlires health benefits to be 110 vided that exeeed the essentittlhettlth benefits Ieqtlired to be provided tmder Seetion 1302(b) ofthe federal Patient Proteetion and Apoundfordable CMe Aet (PtlblieLal9 III 148) as amended b the federal Health CMe ttndEdtteation Reeoneiliation Aet of 2010 (Pttblie La bullbull III 152) byqualified hettlth plttns otIering those benefits in the CaliforniaHealth Benefit Exehttnge ptlfStltlntto Title 22 (eommeneing bullbullithSeetion 100500) of the GOvemment Code the speeifie benefitsthat exeeed the federally reqtlired essential health benefits Me notreqt1ired to be pro vided 17 hen otIered b a health instlIttneepolieytftrotlgh the Exehttnge However those speeifle benefits Me

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-9- AB 171

reqtlired to be pIovided if otIered b~ a health iftsttIfmee polieyotltside of the Exehflftge

(h) Notwithstanding subdivision (a) on and after January 12014 this section does not require any benefits to beprovided thatexceed the essential health benefits that all health plans will berequired byfederal regulations to provide under Section 1302(b)of thefederal Patient Protection and Affordable Care Act (PublicLaw 111-148) as amended by the federal Health Care andEducation Reconciliation Act of 2010 (Public Law 111-152)

(i) As used in this section the following terms shall have thefollowing meanings

(1) Atttism speetIttm disorder meflftS a ftettrobiologieaeoftditioft thM ifteltldes atttistie disorder AspergeIs disorder Rertsdisorder ehildhood disiffiegrMi ve disorder flftd per- asivede velopmemal disorder ftot otheIvise speeified

(2) Dehav iora health treatmem meflftS professioftal servieesand treatmem pf6grMlls ineluding beha vioral intergtentioft therapyapplied beha vioral flft~ sis flftd other imeftsi ve beha vioraprograms thM ha ve demonstrated effie~ to de velop maiffifliftor restore to the maximttm extem pIaetieable the fttftetioftiftg orquality of life of aft individttal and thM have beeft demoftstrMedto treat the eore s~mptoms assoeiMed fv ith atttism speetrumdisorder

(3) Dehavioral imer-efttioft thera~ meaftS the desigftimplememMioft flftd eJalttMioft of eftviromnemal modifieMioftsusiftg behavioral stimuli flftd eoftseqtleftees to produee soeiallysigftifieam improvement ift behflviOfs ifteludiftg the use of direetobser- Mioft meastlI emem flftd fuftetional flftaryses of therelMioftship betveen en viromneftt flftd beha viorf41(1) Diagnosis of atltism speetrtlm disoIders pervasive

developmental disorder or autism means medically necessaryassessment evaluations or tests to diagnose whether an individualhas ofte of the atltism speetrtim disorders pervasive developmentaldisorder or autism

(5) Evidenee based researeh meaftS research that appliesrigorotls s~stemMie and obj eetive proeedttres to obtaift validkftowledge re1eam to atttism speetrtlm disorders

(2) Pervasive developmental disorder or autism shall havethe same meaning and interpretation as used in Section 137472

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t61(3) Pharmacy care means medications prescribed by a licensed

physician and surgeon or other appropriately licensed or certifiedprovider and any health-related services deemed medicallynecessary to determine the need or effectiveness of the medications

ffl(4) Psychiatric care means direct or consultative psychiatric

services provided by a psychiatrist or ftny other ftlpropritttelylieensed or eertified pro vider licensed in the state in which he orshe practices

t81(5) Psychological care means direct or consultative

psychological services provided by a psychologist or fm)i otherflPproprifttely lieensed or eertified provider licensed in the state inwhich he or she practices

(9) Quftlified fttltism serviee provider shftll inelude ftftyntttionftlry or stttte lieensed or eertified person entity or gIOtlp thtttdesigns sttpeIv ises or pro vides trefttment of fttttism speetI mndisorders ftndthe tlftlieensed pel sonnel Stlpen ised b the lieensedor eertified person entity or grotlp pro vided the sen iees Mefv ithin the experienee ftnd seope of prftetiee of the lieensed oreertified person entity or grotlp Qtlftlified fttltism senieepm vider shftllmso include ftft serviee pro vider thttt is vendorizedb ftregionM eenter to pro vide those sftme sen iees fur fttltismspeetrttm disorders tlftder DiVisioft 45 (eommeneiftg with Seetion4588) of the WeIfMe ftftd Instittttions Code or Title 14(eommefteiftg vvith Seetion 95888) of the GOvernment Code ftftdthe tlftlieensed personnel stlpen ised b thftt pro vider 01 ftStttteDepMtment of Edtlefttion nonpttblie ftonseetftriftft ftgene ftSdefifted in Seetioft 56835 of the Edtletttion Code flPProved 16pro vide those SMIlesen iees fuI fttltism speetrttm disorders and thetlftlieensed personnel supen ised b thttt ftgene A qttft1ifiedfttltismsen ice pro vider shftll ensttre eriminm bftekgrotlftd sereening ftftdfingerprintiftg ftftd ftdequttte trftining ftftd Stlpen isioft of allpersonnel tttilized to implement sen iees An ntttionftllieense oreertifietttion reeogftized b this seetion shftllbe fteeredited by theNtttioftm Commission fur Certifyiftg Agencies (NCCA)

fWt(6) Therapeutic care means services provided by a licensed

or certified speech therftlists therapist an occupational therftpists

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therapist or a physical therapists ~r an) ~ther appropriatelylieensed ~r eertihed pr~ bullbullider therapist

tH1(7) Treatment for atrtism speetmm dis~rders pervasive

developmental disorder or autism means all of the followingcare including necessary equipment that develops maintains orrestores to the maximum extent practicable the functioning orquality of life of an individual with pervasive developmentaldisorder or autism and is prescribed or ordered for an individualdiagnosed with ~ne ~f the atttism speetmm dis~Iders pervasivedevelopmental disorder or autism by a licensed physician andsurgeon or a licensed psychologist ~r an) ~ther appIopIiMelyHeensed ~r eertihed pr~vider who determines the care to bemedically necessary

(A) Behlh i~r8lhealth treatmenttB1(A) Pharmacy care if the policy includes coverage for

prescription drugsfeuro7(B) Psychiatric caretB1(C) Psychological care(E1(D) Therapeutic care(F) Any eare fur indi viduals Vol ith autism speetrum dis~rders

thM is dem~nstrMed based up~n best praetiees ~r evidenee basedreseareh t~ be mediealry neeessary

(8) Treatmentfor pervasive developmental disorder or autismdoes not include behavioral health treatment as defined in Section1014451

U) This section with the exception of subdivision (b) shall notapply to dental-only or vision-only health insurance policies

SEC 3 No reimbursement is required by this act pursuant toSection 6 of Article XIII B of the California Constitution becausethe only costs that may be incurred by a local agency or schooldistrict will be incurred because this act creates a new crime orinfraction eliminates a crime or infraction or changes the penaltyfor a crime or infraction within the meaning of Section 17556 ofthe Government Code or changes the definition of a crime within

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AB 374 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASUREAUTHOR (S)TOPICHOUSE+LAST

AB NoHayashi

AthleticLOCATIONAMENDED DATE

374

SENOS272011

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

the request ofCOMM LOCATION

06162011In committee

authorSEN BUSINESS

Set first hearing Hearing canceled at

PROFESSIONS AND ECONOMIC DEVELOPMENT

TITLE An act to add Chapter 27 (commencing with Section18898) to Division 8 of the Business and ProfessionsCode relating to athletic trainers

httpwwwleginfocagovpub11-12billasmab_0351-0400ab_374_bill_20 652012

AB 386 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 386AUTHOR(S) GalgianiTOPIC Prisons telehealth systems+LAST AMENDED DATE 05112011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to add Section 50233 to the Penal Code relatingto prisoners

httpwww1eginfocagovpubI11-12lbillasmab_ 0351-0400ab _386_ bill_20120201_status 652012

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AB 439 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPICHOUSE+LAST

AB No 439Skinner

Health care informationLOCATION SENAMENDED DATE 06282011

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 07052011LAST HIST ACTION In committee Set first hearing Held without

recommendationCOMM LOCATION SEN JUDICIARY

TITLE An act to amend Section 5636 of the Civil Coderelating to health care information

httpwwwleginfocagovpub11-12billasmab_0401-0450ab _439 _bill_20120509 _status 652012

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AMENDED IN SENATE JUNE 28 2011

AMENDED IN ASSEMBLY MAY 182011

AMENDED IN ASSEMBLY APRIL 7 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 439

Introduced by Assembly Member Skinner

February 142011

An act to amend Section 5636 of the Civil Code relating to healthcare information

LEGISLATIVE COUNSELS DIGEST

AB 439 as amended Skinner Health care informationExisting law the Confidentiality of Medical Information Act (CMIA)

prohibits a health care provider a contractor or a health care serviceplan from disclosing medical information as defined regarding a patientof the provider or an enrollee or subscriber of the health care serviceplan without first obtaining an authorization except as specified Inaddition to other remedies available existing law authorizes anindividual to bring an action against any person or entity who hasnegligently released his or her confidential records in violation ofthoseprovisions for nominal damages of$lOOO

This bill would specify that in an action brought on or after January1 2012 a court may not award nominal damages if the defendantestablishes specified factors as an affirmative defense including butnot limited to that it is a covered entity as defined and has compliedwith any obligations to notify persons entitled to receive notice regardingthe release of the information The bill would also make a technicalnonsubstantive change

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AB439 -2-

Vote majority Appropriation no Fiscal committee noState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 5636 of the Civil Code is amended to2 read3 5636 (a) Any violation of the provisions of this part that4 results in economic loss or personal injury to a patient is punishable5 as a misdemeanor6 (b) In addition to any other remedies available at law any7 individual may bring an action against any person or entity who8 has negligently released confidential information or records9 concerning him or her in violation of this part for either or both

10 of the following11 (1) Except as provided in subdivision (e) nominal damages of12 one thousand dollars ($1000) In order to recover under this13 paragraph it shall not be necessary that the plaintiff suffered or14 was threatened with actual damages15 (2) The amount of actual damages if any sustained by the16 patient17 (c) (l) In addition any person or entity that negligently18 discloses medical information in violation of the provisions of this19 part shall also be liable irrespective of the amount of damages20 suffered by the patient as a result of that violation for an21 administrative fine or civil penalty not to exceed two thousand22 five hundred dollars ($2500) per violation23 (2) (A) Any person or entity other than a licensed health care24 professional who knowingly and willfully obtains discloses or25 uses medical information in violation of this part shall be liable26 for an administrative fine or civil penalty not to exceed twenty-five27 thousand dollars ($25000) per violation28 (B) Any licensed health care professional who knowingly and29 willfully obtains discloses or uses medical information in violation30 of this part shall be liable on a first violation for an administrative31 fine or civil penalty not to exceed two thousand five hundred32 dollars ($2500) per violation or on a second violation for an33 administrative fine or civil penalty not to exceed ten thousand34 dollars ($10000) per violation or on a third and subsequent35 violation for an administrative fine or civil penalty not to exceed

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twenty-five thousand dollars ($25000) per violation Nothing inthis subdivision shall be construed to limit the liability of a healthcare service plan a contractor or a provider of health care that isnot a licensed health care professional for any violation of thispart

(3) (A) Any person or entity other than a licensed health careprofessional who knowingly or willfully obtains or uses medicalinformation in violation of this part for the purpose of financialgain shall be liable for an administrative fine or civil penalty notto exceed two hundred fifty thousand dollars ($250000) perviolation and shall also be subject to disgorgement of any proceedsor other consideration obtained as a result of the violation

(B) Any licensed health care professional who knowingly andwillfully obtains discloses or uses medical information in violationofthis part for financial gain shall be liable on a first violation foran administrative fine or civil penalty not to exceed five thousanddollars ($5000) per violation or on a second violation for anadministrative fine or civil penalty not to exceed twenty-fivethousand dollars ($25000) per violation or on a third andsubsequent violation for an administrative fine or civil penalty notto exceed two hundred fifty thousand dollars ($250000) perviolation and shall also be subject to disgorgement of any proceedsor other consideration obtained as a result ofthe violation Nothingin this subdivision shall be construed to limit the liability of ahealth care service plan a contractor or a provider of health carethat is not a licensed health care professional for any violation ofthis part

(4) Nothing in this subdivision shall be construed as authorizingan administrative fine or civil penalty under both paragraphs (2)and (3) for the same violation

(5) Any person or entity who is not permitted to receive medicalinformation pursuant to this part and who knowingly and willfullyobtains discloses or uses medical information without writtenauthorization from the patient shall be liable for a civil penalty notto exceed two hundred fifty thousand dollars ($250000) perviolation

(d) In assessing the amount of an administrative fine or civilpenalty pursuant to subdivision (c) the Office of HealthInformation Integrity licensing agency or certifying board orcourt shall consider anyone or more of the relevant circumstances

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AB439 -4-

presented by any of the parties to the case including but not limitedto the following

(1) Whether the defendant has made a reasonable good faithattempt to comply with this part

(2) The nature and seriousness of the misconduct(3) The harm to the patient enrollee or subscriber(4) The number of violations(5) The persistence of the misconduct(6) The length of time over which the misconduct occurred(7) The willfulness of the defendants misconduct(8) The defendants assets liabilities and net worth(e) (1) In an action brought by an individual pursuant to

subdivision (b) on or after January 12012 the court shall awardany actual damages and reasonable attorneys fees and costs butmay not award nominal damages for a violation of this part if thedefendant establishes all of the following as an affirmative defense

(A) The defendant is a covered entity as defined in Section160103 of Title 45 of the Code of Federal Regulations

(B) The defendant has complied with any obligations to notifyall persons entitled to receive notice regarding the release of theinformation or records

(C) The release of confidential information or records was solelyto another covered entity

(D) The defendant took appropriate preventive actions to protectthe confidential information or records against release retentionor use by any person or entity other than the covered entity thatreceived the information or records including but not limited to

(i) Developing and implementing security policies andprocedures

(ii) Designating a security official who is responsible fordeveloping and implementing its security policies and proceduresincluding educating and training the workforce

(iii) Encrypting the information or records and protectingagainst the release or use of the encryption key and passwords ortransmitting the information or records in a manner designed toprovide similar protections against improper disclosures

(E) The defendant took appropriate corrective action after therelease of the confidential records or information and the coveredentity that received the information or records immediatelydestroyed or returned the information or records

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(F) The covered entity that received the confidential informationor records did not retain use or release the information or records

(G) The defendant has not Ifeviettsl) vielateti this IMt ef inthe eettrls tiisefetieft tieslite the Ifief vielatieftbeenfound liablefor a violation of this part within the three years preceding thealleged violation or the court determines that application of theaffirmative defense is found to be compelling and consistent withthe purposes ofthis section to promote reasonable conduct in lightof all the facts

(2) In an action under this subdivision a plaintiff shall beentitled to recover reasonable attorneys fees and costs withoutregard to an award of actual or nominal damages

(3) A defendant shall not be liable for more than one judgmenton the merits for a violation of this subdivision

(f) (1) The civil penalty pursuant to subdivision (c) shall beassessed and recovered in a civil action brought in the name of thepeople of the State of California in any court of competentjurisdiction by any of the following

(A) The Attorney General(B) Any district attorney(C) Any county counsel authorized by agreement with the

district attorney in actions involving violation of a countyordinance

(D) Any city attorney of a city(E) Any city attorney of a city and county having a population

in excess of 750000 with the consent of the district attorney(F) A city prosecutor in any city having a full-time city

prosecutor or with the consent of the district attorney by a cityattorney in any city and county

(G) The Director of the Office of Health Information Integritymay recommend that any person described in subparagraphs (A)to (F) inclusive bring a civil action under this section

(2) If the action is brought by the Attorney General one-halfofthe penalty collected shall be paid to the treasurer of the countyin which the judgment was entered and one-half to the GeneralFund If the action is brought by a district attorney or countycounsel the penalty collected shall be paid to the treasurer of thecounty in which the judgment was entered Except as provided inparagraph (3) if the action is brought by a city attorney or cityprosecutor one-half of the penalty collected shall be paid to the

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AB439 -6-

1 treasurer of the city in which the judgment was entered and one-half2 to the treasurer of the county in which the judgment was entered3 (3) If the action is brought by a city attorney of a city and4 county the entire amount of the penalty collected shall be paid to5 the treasurer of the city and county in which the judgment was6 entered7 (4) Nothing in this section shall be construed as authorizing8 both an administrative fine and civil penalty for the same violation9 (5) Imposition of a fine or penalty provided for in this section

10 shall not preclude imposition of any other sanctions or remedies11 authorized by law12 (6) Administrative fines or penalties issued pursuant to Section13 128015 of the Health and Safety Code shall offset any other14 administrative fine or civil penalty imposed under this section for15 the same violation16 (g) For purposes of this section knowing and willful shall17 have the same meanings as in Section 7 of the Penal Code18 (h) No person who discloses protected medical information in19 accordance with the provisions of this part shall be subject to the20 penalty provisions of this part

o

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AB 518 Assembly Bill Status Page I of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPICHOUSE+LAST

AB No 518Wagner

Elder and dependentLOCATION SENAMENDED DATE

adult abuse mandated reporters

03232011

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATION

06062011In committee Hearing postponed by committee

SEN BANKING AND FINANCIAL INSTITUTIONS

TITLE An act to repeal Section 7480 of the Government Codeand to amend Section 156301 of and to amend and repealSections 15633 15634 15640 and 156555 of theWelfare and Institutions Code relating to elder anddependent adult abuse

httpwwwleginfocagovpubll-12Ibillasmab_ 0501-0550ab_518_bill_2011 0615_status 652012

-

AMENDED IN ASSEMBLY MARCH 23 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 518

Introduced by Assembly Member Wagner

February 152011

Aft aet to amend Seetion 156301 of the Welfare and InstittttionsCode relating to elder abtlse An act to repeal Section 7480 of theGovernment Code and to amend Section 156301 of and to amend andrepeal Sections 15633 15634 15640 and 156555 of the Welfare andInstitutions Code relating to elder and dependent adult abuse

LEGISLATIVE COUNSELS DIGEST

AB 518 as amended Wagner Elder and dependent adult abusemandated reporters

Existing law the Elder Abuse and Dependent Adult Civil ProtectionAct establishes procedures for the reporting investigation andprosecution of elder and dependent adult abuse including but notlimited to financial abuse as defined These procedures require personsdefined as mandated reporters to report known or suspected instancesof elder or dependent adult abuse A violation of the reportingrequirements by a mandated reporter is a misdemeanor Existing lawwhich will be repealed on January 12013 defines who is a mandatedreporter of suspected financial abuse of an elder or dependent adult Aviolation ofthe financial abuse reporting requirements is subject to civilpenalties

This bill would delete the January 1 2013 repeal date and makeconforming changes

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

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15

20

25

30

35

AB518 -2-

The people of the State of California do enact asfollows

1 SECTION 1 Section 7480 of the Government Code as2 amended by Section 2 of Chapter 234 of the Statutes of 2008 is3 repealed4 7480 Nothing in this ehapter prohibits an) of the following

(a) The dissemination of an) finaneial information that is not6 identified with or identifiable as being deri ved from the fiftMleial7 reeords of a partietllar etlstomer8 (b) When any poliee or sheriffs department or distriet attorney9 in this state eertines to a bank eredit tlftion or savin-gsassoeiation

in 4vritingthat a erime report has been filed that involves the11 alleged fratldttlent tlse of drafts eheeks or other orders drawfl12 tlJon MtY bank eredit tlftion or Sltv ings assoeiation in this state13 the poliee or sheriffs department or distriet attomey a eotlnty14 adttlt proteeti-ve sen iees oftiee 4vhen investigating the finaneial

abttse of an elder or dependent adttlt or a long term eare16 ombttdsman when investigating the finaneial abttse of an elder or17 dependent adttlt rna reqtlest a bank eredit tlftion or savings18 assoeiation to fttmish and a bank eredit tlftion or savings19 assoeiation shall fttmish a statement setting forth the folIowing

information with respeet to a etlstomer aeeotlnt speeified b) the21 reqttesting parry for a period 30 da s prior to and tlJ to 30 da) s22 following the date ofoeetnTenee of the alleged illegal aet invohin-g23 the aeeotlftt24 (1) The Itttftlber of items dishonored

(2) The nttmber of items paid that ereated Oierdrafts26 (3) The dollar volttme of the dishonored items and items paid27 whieh ereated overdrafts and a statement explaining an) eredit28 atTangementbetween the bank eredit tlftion or savin-gsassoeiation29 and etlstomer to pa) 0verdrafts

(4) The dates and amotlnts of deposits and debits and the aeeotlftt31 balanee on these dates32 (5) A eoJry of the signattlre eard inelttding the signattlre and33 an) addresses appearing on a etlstomers signattlre eard34 (6) The date the aeeottnt opened and ifapplieable the date the

aeeotlnt elosed36 (7) A bank eredit tlftion or saTvingsassoeiation that proiides37 the reqtlesting part) vvith eopies of one or more eomplete aeeottnt

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the taxpa er (2) the (iireet deposit refund bullbullas not rettlmed to theFranehise Tax Board and (3) the remnd TnaSdeposited direetlyon a speeifled date into the aeeotlftt of an aeeotmtholder of theflnaneial instittttion bullbullho bullbullas not entitled to reeei v e the refttndthen the flnaneial instittttion shall fttntish to the Franehise TaxBoard the name and address ofan eoo w ner eosigtter or an otherperson bullbullho had aeeess to the mnds in the aeeotlttt follo bullbulling thedate ofdiIeet deposit refund or if the aeeotmt has been dosed thename and address of the person bullbullho dosed the aeeOtlftt

(s) This seetion shall beeome operati v e on Jaftttary 1 2013SECTION 1SEC 2 Section 156301 of the Welfare and Institutions Code

is amended to read156301 (a) As used in this section mandated reporter of

suspected financial abuse of an elder or dependent adult meansall officers and employees of financial institutions

(b) As used in this section the term financial institution meansany of the following

(l) A depository institution as defined in Section 3(c) of theFederal Deposit Insurance Act (12 USC Sec 1813(c))

(2) An institution-affiliated party as defined in Section 3(u) ofthe Federal Deposit Insurance Act (12 USC Sec 1813(u))

(3) A federal credit union or state credit union as defined inSection 101 ofthe Federal Credit Union Act (12 USC Sec 1752)including but not limited to an institution-affiliated party of acredit union as defined in Section 206(r) of the Federal CreditUnion Act (12 USc Sec 1786(r))

(c) As used in this section financial abuse has the samemeaning as in Section 1561030

(d) (l) Any mandated reporter of suspected financial abuse ofan elder or dependent adult who has direct contact with the elderor dependent adult or who reviews or approves the elder ordependent adults financial documents records or transactionsin connection with providing financial services with respect to anelder or dependent adult and who within the scope of his or heremployment or professional practice has observed or hasknowledge of an incident that is directly related to the transactionor matter that is within that scope of employment or professionalpractice that reasonably appears to be financial abuse or whoreasonably suspects that abuse based solely on the information

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AB518 -12-

before him or her at the time of reviewing or approving thedocument record or transaction in the case of mandated reporterswho do not have direct contact with the elder or dependent adultshall report the known or suspected instance of financial abuse bytelephone immediately or as soon as practicably possible and bywritten report sent within two working days to the local adultprotective services agency or the local law enforcement agency

(2) When two or more mandated reporters jointly haveknowledge or reasonably suspect that financial abuse of an elderor a dependent adult for which the report is mandated has occurredand when there is an agreement among them the telephone reportmay be made by a member of the reporting team who is selectedby mutual agreement A single report may be made and signed bythe selected member of the reporting team Any member of theteam who has knowledge that the member designated to report hasfailed to do so shall thereafter make that report

(3) If the mandated reporter knows that the elder or dependentadult resides in a long-term care facility as defined in Section1561047 the report shall be made to the local ombudsman or locallaw enforcement agency

(e) An allegation by the elder or dependent adult or any otherperson that financial abuse has occurred is not sufficient to triggerthe reporting requirement under this section if both of the followingconditions are met

(1) The mandated reporter of suspected financial abuse of anelder or dependent adult is aware of no other corroborating orindependent evidence of the alleged financial abuse of an elder ordependent adult The mandated reporter of suspected financialabuse of an elder or dependent adult is not required to investigateany accusations

(2) In the exercise of his or her professional judgment themandated reporter of suspected financial abuse of an elder ordependent adult reasonably believes that financial abuse of anelder or dependent adult did not occur

(f) Failure to report financial abuse under this section shall besubject to a civil penalty not exceeding one thousand dollars($1000) or if the failure to report is willful a civil penalty notexceeding five thousand dollars ($5000) which shall be paid bythe financial institution that is the employer of the mandated

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reporter to the party bringing the action Subdivision (h) of Section15630 shall not apply to violations of this section

(g) (1) The civil penalty provided for in subdivision (f) shallbe recovered only in a civil action brought against the financialinstitution by the Attorney General district attorney or countycounsel No action shall be brought under this section by anyperson other than the Attorney General district attorney or countycounsel Multiple actions for the civil penalty may not be broughtfor the same violation

(2) Nothing in the Financial Elder Abuse Reporting Act of2005shall be construed to limit expand or otherwise modify any civilliability or remedy that may exist under this or any other law

(h) As used in this section suspected financial abuse of anelder or dependent adult occurs when a person who is requiredto report under subdivision (a) observes or has knowledge ofbehavior or unusual circumstances or transactions or a pattern ofbehavior or unusual circumstances or transactions that would leadan individual with like training or experience based on the samefacts to form a reasonable belief that an elder or dependent adultis the victim of financial abuse as defined in Section 1561030

(i) Reports of suspected financial abuse of an elder or dependentadult made by an employee or officer of a financial institutionpursuant to this section are covered under subdivision (b) of Section47 of the Civil Code

SEC 3 Section 15633 of the Welfare and Institutions Codeas amended by Section 5 of Chapter 140 of the Statutes of 2005is amended to read

15633 (a) The reports made pursuant to Sections 15630156301 and 15631 shall be confidential and may be disclosedonly as provided in subdivision (b) Any violation of theconfidentiality required by this chapter is a misdemeanorpunishable by not more than six months in the county jail by afine of five hundred dollars ($500) or by both that fine andimprisonment

(b) Reports of suspected abuse of an elder or dependent adultand information contained therein may be disclosed only to thefollowing

(1) Persons or agencies to whom disclosure of information orthe identity of the reporting party is permitted under Section156335

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(2) (A) Persons who are trained and qualified to serve onmultidisciplinary personnel teams may disclose to one anotherinformation and records that are relevant to the preventionidentification or treatment of abuse of elderly or dependentpersons

(B) Except as provided in subparagraph (A) any personnel ofthe multidisciplinary team or agency that receives informationpursuant to this chapter shall be under the same obligations andsubject to the same confidentiality penalties as the persondisclosing or providing that information The information obtainedshall be maintained in a manner that ensures the maximumprotection of privacy and confidentiality rights

(c) This section shall not be construed to allow disclosure ofany reports or records relevant to the reports of abuse of an elderor dependent adult if the disclosure would be prohibited by anyother provisions of state or federal law applicable to the reports orrecords relevant to the reports of the abuse nor shall it be construedto prohibit the disclosure by a financial institution of any reportsor records relevant to the reports of abuse of an elder or dependentadult if the disclosure would be required of a financial institutionby otherwise applicable state or federal law or court order

(d) This seetion shall remain in dIcet on) tmtilJantmry I 2813and as of that date is repealed unless a later enaeted statute thatis enaeted before JMlt1ary12813 deletes or extends that date

SEC 4 Section 15633 of the Welfare and Institutions Codeas added by Section 6 of Chapter 140 of the Statutes of 2005 isrepealed

15633 (a) The leports made ptlrstlMlt to Seetions 15638 and15631 shall be eonndential and may be diselosed on) as pro videdin stlbdivision (b) AIl) violation of the eonfidetttialrt reqtliredbythis ehapter is a misdemeanor ptlnishable bynot more than sixmoftths in the eounry jail b)l a nne ofn Vehundred dollars ($588)or byboth that nne and imprisonment

(b) Reports of stlspeeted elder 01 dependent adttlt abttse andinfenmation eontained therein may be diselosed only to thefollo vving

(1) Persons or ageneies to vvhomdiselostlfe of information orthe identity of the reporting pMty is permitted tlnder Seetion156335

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(2) EA) Persems who Me trftined Md qtlftlified to sene onmtlltidiseiplinftfjf persoflftel teftll1smfty diselose to one Mlotherinfermtttion Md reeords thftt Me relevflnt to the preventionidentifiefttion or trefttment of ftbttse of elderly or dependentpersons

EB) Exeept ftSpro vided in SMpMftgrftph EA) Mly personnel ofthe ftltlltidiseiplinftry teftftl or ftgeney thftt reeeives informfttionptlrstlftnt to this ehflPtel shftH he tinder the sftme ohligfttions ftndsttbjeet to the sftme eonfidentiftlity penftlties ftS the pelsondisdosing or pro viding thftt infermfttion The informfttion ohtftinedshftH he mftintftined in ft ftlftflfter thftt enstlfes the ftlftXimttmproteetion ofprivftey ftnd eonfidentiftlity rights

Ee) This seetion shftH not he eonstftled to ftHo diselostlfe ofMy reports or reeords rde vMit to the reports of elder or dependentftdttlt ftbttse if the disdostlfe votlld he prohibited hy My other110visions of stftte or federftllft bullbull ftppliefthle to the reports or reeordsrele vftnt to the reports of the flbttse

Ed) This seetion shftH heeome operftti ve on Jftntlftry I 2013SEC 5 Section 15634 of the Welfare and Institutions Code

as amended by Section 7 of Chapter 140 of the Statutes of 2005is amended to read

15634 (a) No care custodian clergy member healthpractitioner mandated reporter of suspected financial abuse of anelder or dependent adult or employee of an adult protectiveservices agency or a local law enforcement agency who reports aknown or suspected instance of abuse of an elder or dependentadult shall be civilly or criminally liable for any report requiredor authorized by this article Any other person reporting a knownor suspected instance of abuse of an elder or dependent adult shallnot incur civil or criminal liability as a result of any reportauthorized by this article unless it can be proven that a false reportwas made and the person knew that the report was false No personrequired to make a report pursuant to this article or any persontaking photographs at his or her discretion shall incur any civil orcriminal liability for taking photographs of a suspected victim ofabuse of an elder or dependent adult or causing photographs to betaken of such a suspected victim or for disseminating thephotographs with the reports required by this article Howeverthis section shall not be construed to grant immunity from thisliability with respect to any other use of the photographs

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AB518 -16-

(b) No care custodian clergy member health practitionermandated reporter of suspected financial abuse of an elder ordependent adult or employee of an adult protective services agencyor a local law enforcement agency who pursuant to a request froman adult protective services agency or a local law enforcementagency investigating a report of known or suspected abuse of anelder or dependent adult provides the requesting agency withaccess to the victim of a known or suspected instance of abuse ofan elder or dependent adult shall incur civil or criminal liabilityas a result of providing that access

(c) The Legislature finds that even though it has providedimmunity from liability to persons required to report abuse of anelder or dependent adult immunity does not eliminate thepossibility that actions may be brought against those persons basedupon required reports of abuse In order to further limit the financialhardship that those persons may incur as a result of fulfilling theirlegal responsibilities it is necessary that they not be unfairlyburdened by legal fees incurred in defending those actionsTherefore a care custodian clergy member health practitioneror an employee of an adult protective services agency or a locallaw enforcement agency may present to the StMe B6Md 6pound C6ntr61California Victim Compensation and Government Claims Boarda claim for reasonable fttt6meys attorneys fees incurred in anyaction against that person on the basis of making a report requiredor authorized by this article if the court has dismissed the actionupon a demurrer or motion for summary judgment made by thatperson or if he or she prevails in the action The StMe B6ftrd 6fC6ntr61 California Victim Compensation and Government ClaimsBoard shall allow that claim if the requirements ofthis subdivisionare met and the claim shall be paid from an appropriation to bemade for that purpose Att6mey s Attorneys fees awarded pursuantto this section shall not exceed an hourly rate greater than the ratecharged by the Attorney General at the time the award is madeand shall not exceed an aggregate amount of fifty thousand dollars($50000) This subdivision shall not apply if a public entity hasprovided for the defense of the action pursuant to Section 995 ofthe Government Code

(d) This seeti6n shftll remftin in dfeet 6ttly tmtil J8fttlfll)1 2013ftnd ftS6pound thftt dMe is repeftled wIess ft IMer enfteted stMute thMis en8eted before Jftftt18ry12013 deletes 6r extends thM dMe

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SEC 6 Section 15634 of the Welfare and Institutions Codeas amended by Section 711 ojChapter 538 of the Statutes oj2006is repealed

15634 eft) No eMe etlstodimt ele~ member hea-lthpraetitioner or employee of an adttlt proteeti-ve serviees ageneyor a loeal larn enforeement ageney who reports a lrnown orsttspeeted instanee of elder or dependent adtllt abtlse shaHbe eiviHyor eriminalry liable for any report reqttired or attthorizedby thisartiele Any other peIson reporting a lrnOWfior stlspeeted instaneeof elder or dependeItt adttIt abtlse shall not inettr ei vil or eriminalliability as a restllt of any report attthorizedby this artiele ttnlessit ean be pro ven that a false report was made and the person knewthat the report vvasrelse gteJoperson reqtlired to make a reportptlrstlant to this artiele or any person taking photographs at his orher diseretion shall inettr any eivii or eriminalliability fer takingphotographs of a stlspeeted vietim of elder or dependent adtlltabtlse or eattsing photographs to be taken of the stlspeeted vietimor fOIdisseminating the photographs with the reports reqtlired bythis artiele However this seetion shall not be eonstmed to gIantimmttnity from this liability vvithrespeet to any other tlse of thephotographs

(b) No eMe etlstodian el~ member health praetitioner oremployee of an adtlIt proteetive seniees ageney or a loea-l lawenfereemeItt ageney who pttrsttant to a reqtlest from an adttltproteeti-ie seniees ageney or a loeal lavI enforeemeItt ageneyinvestigating a report of lrnOViftor stlspeeted elder or dependentadtllt abtlse proides the reqtlesting ageney with aeeess to thevietim of a lrnovvnor stlspeeted instanee of elder or dependeIttadttlt abtlse shall inettr eiviI or eriminal liability as a restlIt ofpro viding that aeeess

ee) The Legislatttre finds that even thOtlgh it has pIOvidedimmtlnity from liability to peIsons reqtlired to report elder ordependent mit abttse immtlIlity does not eliminate the possibilitythat aetions may be brotlght agamst those persons based tlJ0nreqtlired reports of abtlse In order to fttrther limit the finaneialhardship that those persons may inettr as a resttIt offttlfilling theirlegal responsibilities it is neeessary that they not be tlftreirlybttrdened by legal fees inetlffed in defending those aetionsTherefore a eMeetlstodian ele~ member health praetitioneror employee ofan adttlt proteetive seniees ageney or a loeallffi7t

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AB518 -18-

enfOieement agene)l ma) present to the CalifeJmia VietimCempensatien and Geemment Claims BeMd a elaim feJrreasenable atteme)s fees inetJifedin any aetien agffinstthat persenen the basis efmMcinga repert reqtlired er attth6rizedb)l this Mtieleif the eeM has dismissed the aetien t1pen a demtlffer el metienfur sttmillM)lj tldgment made b that persen el ifhe er she preailsin the aetien The Califumia Vietim Cempensatien andGeemment Claims Beard shall allew that ehtim if thereqtlirements ef this sttbdi isien Me met and the elaim shall bepaid fl6man fllprepriatien te be made fur that ptllpese Atteme) sfees aarded ptliStlMltto this seetien shall net exeeedan hetlilyrate greater than the late eharged b the Attemey General at thetime the aard is made and sh8llnet exeeedan aggregate amettllteffitty thetlsanBdellMs ($50000) This sttbdF isien shall net applyif a pttblie enti) has pmbullided fer the defense ef the aetien ptlistlantte Seetien 995 ef the Ge emment Cede

(6) This seetien shall beeeme eperatie en JMttlM)12013SEC 7 Section 15640 of the Welfare and Institutions Code

as amended by Section 9 of Chapter 140 of the Statutes of2005is amended to read

15640 (a) (1) An adult protective services agency shallimmediately or as soon as practically possible report by telephoneto the law enforcement agency having jurisdiction over the caseany known or suspected instance of criminal activity and to anypublic agency given responsibility for investigation in thatjurisdiction of cases of elder and dependent adult abuse everyknown or suspected instance of abuse pursuant to Section 15630or 156301 of an elder or dependent adult A county adult protectiveservices agency shall also send a written report thereof within twoworking days of receiving the information concerning the incidentto each agency to which it is required to make a telephone reportunder this subdivision Prior to making any cross-report ofallegations of financial abuse to law enforcement agencies anadult protective services agency shall first determine whether thereis reasonable suspicion of any criminal activity

(2) If an adult protective services agency receives a report ofabuse alleged to have occurred in a long-term care facility thatadult protective services agency shall immediately inform theperson making the report that he or she is required to make thereport to the long-term care ombudsman program or to a local law

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-19- AB518

enforcement agency The adult protective services agency shallnot accept the report by telephone but shall forward any writtenreport received to the long-term care ombudsman

(b) If an adult protective services agency or local lawenforcement agency or ombudsman program receiving a report ofknown or suspected elder or dependent adult abuse determinespursuant to its investigation that the abuse is being committed bya health practitioner licensed under Division 2 (commencing withSection 500) of the Business and Professions Code or any relatedinitiative act or by a person purporting to be a licensee the adultprotective services agency or local law enforcement agency orombudsman program shall immediately or as soon as practicallypossible report this information to the appropriate licensingagency The licensing agency shall investigate the report in lightof the potential for physical harm The transmittal of informationto the appropriate licensing agency shall not relieve the adultprotective services agency or local law enforcement agency orombudsman program of the responsibility to continue its owninvestigation as required under applicable provisions of law Theinformation reported pursuant to this paragraph shall remainconfidential and shall not be disclosed

(c) A local law enforcement agency shall immediately or assoon as practically possible report by telephone to the long-termcare ombudsman program when the abuse is alleged to haveoccurred in a long-term care facility or to the county adultprotective services agency when it is alleged to have occurredanywhere else and to the agency given responsibility for theinvestigation of cases of elder and dependent adult abuse everyknown or suspected instance of abuse of an elder or dependentadult A local law enforcement agency shall also send a writtenreport thereof within two working days of receiving the informationconcerning the incident to any agency to which it is required tomake a telephone report under this subdivision

(d) A long-term care ombudsman coordinator may report theinstance of abuse to the county adult protective services agencyor to the local law enforcement agency for assistance in theinvestigation of the abuse if the victim gives his or her consent Along-term care ombudsman program and the Licensing andCertification Division ofthe State Department ofIIealth SeI ieesPublic Health shall immediately report by telephone and in writing

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AB518 -20-

1 within two working days to the bureau any instance of neglect2 occurring in a health care facility that has seriously harmed any3 patient or reasonably appears to present a serious threat to the4 health or physical well-being of a patient in that facility If a victim5 or potential victim of the neglect withholds consent to being6 identified in that report the report shall contain circumstantial7 information about the neglect but shall not identify that victim or8 potential victim and the bureau and the reporting agency shall9 maintain the confidentiality of the report until the report becomes

lOa matter of public record11 (e) When a county adult protective services agency a long-term12 care ombudsman program or a local law enforcement agency13 receives a report of abuse neglect or abandonment of an elder or14 dependent adult alleged to have occurred in a long-term care15 facility that county adult protective services agency long-term16 care ombudsman coordinator or local law enforcement agency17 shall report the incident to the licensing agency by telephone as18 soon as possible19 (f) County adult protective services agencies long-term care20 ombudsman programs and local law enforcement agencies shall21 report the results of their investigations of referrals or reports of22 abuse to the respective referring or reporting agencies23 Eg) This seeti6n shall remain in dIcet 6ny tlfttilJ~ 1201324 and as 6f that date is repealed unless a later enaeted stMttte that25 is enaeted bef6re Janttary 12013 deletes 6r extends that date26 SEC 8 Section 15640 of the Welfare and Institutions Code27 as added by Section 10 of Chapter 140 of the Statutes of 2005 is28 repealed 29 15640 Ea) E1) An adult pr6teeti e sen iees ageney shall30 immediate) 6r as S66nas praetieal) p6ssible rep6rt 0 te1eph6ne31 t6 the la~ enf6reement ageney haing jttrisdieti6n 6er the ease32 an kntMfl6r suspeeted instanee 6f eriminal aeth it) and t6 any33 pttblie agene gien resp6nsibilit) f6r illestigMi6n in that34 jurisdieti6n 6f eases 6f elder and dependent adttlt abuse eery35 kfl6n6r suspeeted instanee 6f aetlse purstlant t6 Seeti6n 1563036 6f an elder 6r dependent adttlt A e6t11ltyadttlt pr6teeti e sen iees37 ageney shall als6 send a TV ritten rep6rt there6f Vv ithin ti 6 V 6rking38 days 6f reeeiving the inwrmati6n e6neeming the ineident t6 eaeh39 ageney t6 vv hieh it is reqtlired t6 make a teleph6ne Iep6rt tlftder40 this subdiisi6n Pri6r t6 making an er6SSIep6rt 6f allegati6ns

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-21- AB518

offilumeial abttse to lavvenforeemertt a-geneiesMladult proteetFesen iees agene) shaH first determine whether there is reasonablesuspieion of tmJ eriminM aeti vit

(2) If an adult proteeti ve sen iees agene) reeei ves a report ofabttse alleged to ha ve oeettlTed in a long teml eare faeilit) thatadttlt proteeti ve sen iees ageney shall immediate) infoml theperson making the report that he or she is required to make thereport to the long term eare ombttdsman program 01 to aloeallawenforeemertt a-geneyThe adttlt proteeti ve sen iees agene) shallnot aeeept the report b) telephone btlt shall fonvMd flit) vvTittenreport leeehed to the long teml eare ornbtldsman

(b) If an adtllt proteetive seniees ageney or loeal lawenforeement agene) or ornbtldsman program reeei vinga report ofkftovm or stlspeeted elder or dependent adttlt MtlSe determinespttrstlartt to its inYestigationthat the flbttseis being eommitted bya health 11aetitioner lieensed tlftder Division 2 (eonJffieneingwithSeetion 500) of the Btlsiness flftdProfessions Code or flit) lelatedinitiatiye aet or by a person ptlrporting to be a lieensee the adtlltproteetive seniees a-gene) or loeallaw enforeement agene) orombttdsman program shall immediate) or as soon as praetieall)possible report this mformation to the appropriate lieensingagene) The lieensing agene) shall investigate the report in lightof the poterttial fur ph) sieal hamlThe trMlsmittfllof informationto the appropriate lieensing agene) shall not relieve the adtlltproteethe serviees agene) or loeallaw enforeement agene) orornbtldsmflft program of the responsibility to eorttinue its 0~vninvestigation as reqttired tlftder applieable provisions of law Theinformation reported pttrstlant to this paragraph shall remaineoniiderttial flItdshfl11not be diselosed

(e) A loealla bullbull enforeement agefte) shall immediate) or assoon as praetieal) possible report b) telephone to the long termeare ombtldsman program bullbullhen the abtlse is alleged to haveoeetllTed in a long term eare faeilit) or to the eotlnt) adttltproteetive seniees agene) bullbullhen it is alleged to have oeeUlfedan) vvhere else flftd to the agene) gh en responsibilit) for theinvestigation of eases of elder and dependent adttlt abtlse everykftovm or stlspeeted instflftee of MtlSe of an elder or dependerttadttlt A loeallaw enforeement ageney shall also send a Ylfittenreport thereof bullbullithin ftv0 vvorking dfl)s ofreeei ving the infomlation

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AB518 -22-

eoneeming the ineident to an agenC) to vvhieh it is reqtlired toftutke a telephone report tlIlderthis stlbdh ision

Ed) A long tenn eare ombttdsman eoordinator mll) report theinstlllleeof abtlse to the eot1llryadttlt proteetive seniees ageneyor to the loeal la bullbull enforeement agenC) for assistlllleein theinvestigationof the abttse if the vietim gives his or her eonsent Along tenn eMe ombtldsmllllprogram llIldthe Lieensing llIldCertifieation Division of the State DepMtment ofIIealth Senieesshall immediately report b telephone llIldin vvriting vvithin hiv0tv orkingdll) s to the bm eatl an instlllleeof negleet oeet1ffingin ahealth eare faeiliry that has seriotlsl hMmed an patient orreasonably appeMs to present a seriotls threat to the health orph sieal vvell being of a patient in that ffteiliry If a J ietim orpotential TV ietim of the neglect vithholds eonsent to being identifiedin that report the report shall eontain eirettmstlllltialinformationabom the negleet bm shall not identif) that vietim or potentialvietim and the bttreatl llIldthe reporting agenC) shall maintain theeoniidentialiry of the report tlntil the report beeomes a matter ofptlblie reeord

Ee) hen a eotlllryadttlt proteeti ve sen iees agenC) a long termeare ombtldsman program or a loeal la enforeement ageneyreeeives a report ofabttse negleet or ablllldonmentofllllelder ordependent adttlt alleged to have oeet1ffedin a long term earefaeiliry that eotlnty adtllt proteeti ve sen iees agenC) long termeare ombtldsmlllleoordinator or loeallavv enforeement ageneyshall report the ineident to the lieensing agene b telephone assoon as possible

ED COtl1lt)adtllt proteetive seniees ageneies long term eareombttdsman programs and 10ea1lavvenforeement ageneies shallreport the restllts of their investigations of referrals or reports ofabtlse to the respeetive referring or reporting ageneies

Eg) This seetion shall beeome operative on JllIlt1flry12013SEC 9 Section 156555 of the Welfare and Institutions Code

as amended by Section 11 of Chapter 140 of the Statutes of 2005is amended to read

156555 A county adult protective services agency shallprovide the organizations listed in paragraphs (v) (w) and (x) ofSection 1561017 and mandated reporters of suspected financialabuse of an elder or dependent adult pursuant to Section 156301with instructional materials regarding abuse and neglect of an elder

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-23- AB518

1 or dependent adult and their obligation to report under this chapter2 At a minimum the instructional materials shall include the3 following4 (a) An explanation of abuse and neglect of an elder or dependent

adult as defined in this chapter6 (b) Information on how to recognize potential abuse and neglect7 of an elder or dependent adult8 (c) Information on how the county adult protective services9 agency investigates reports of known or suspected abuse and

neglect11 (d) Instructions on how to report known or suspected incidents12 of abuse and neglect including the appropriate telephone numbers13 to call and what types of information would assist the county adult14 protective services agency with its investigation of the report

(e) This seetion shall remain in eifcet only tlfttil Jflfttlttry 1 201316 and as of that date is repealed tmless a later enaeted stattlte that17 is enaeted before Jafttlttry 12013 deletes or extends that date18 SEC 10 Section 156555 of the Welfareand Institutions Code19 as amended by Section 712 of Chapter 538 of the Statutes of2006

is repealed21 156555 A eottftt) achtlt proteetive serviees agene) shall22 pmvide the organi2ations listed in paragraphs (v) (vv) and Ex) of23 Seetion 1561017 with instItletional materials regarding elder and24 dependent achtlt abtlse and negleet and their obligation to report

under this ehapter At a minimum the instruetional materials shall26 inelude the follovving27 (a) An explanation of elder and dependent achtlt abuse and28 negleet as defined in this ehapter29 (b) Information on how to reeogni2e potential elder and

dependent achtlt abuse and negleet31 (e) Information on ho vIthe eottftt) achtlt proteeti ve serv iees32 agene) investigates reports of knovm or suspeeted abuse and33 negleet34 (d) Instmetions on hovv to report ]movvn or suspeeted ineidents

of abuse and negleet ineltlding the appropriate telephone llt11llbers36 to eall and what rypes of information vvould assist the eount) adult37 proteetirv e sen iees agene) with its in (estigation of the report38 (e) This seetion shall beeome operati e on January I 20 13

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AB 608 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 608Pan

Health care coverage telemedicine

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to health care

httpwww1eginfocagovpubII-12Ibillasmab_0601-0650ab _608_ bill_ 20120201_status 652012

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AB 783 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 783AUTHOR(S) HayashiTOPIC Professional corporations licensed physical therapists

and occupational therapists+LAST AMENDED DATE 04072011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

COMMCOMMCOMM

HIST ACT DATEHIST ACTION

From committeeRule 62(a)

LOCATION SENACTION DATEACTION

06282011In committee Set second hearing Failed passagewithout further action pursuant to Joint

LASTLAST

BUSINESS PROFESSIONS AND ECONOMIC DEVELOPMENT06272011

Set second hearing Failed passage in Committee

TITLE An act to amend Section 2406 of the Business andProfessions Code and to amend Section 134015 of theCorporations Code relating to professional corporations

httpwwwleginfocagovpub11-12billasmab_0751-0800ab_783_bill_20111115_status 652012

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AMENDED IN ASSEMBLY APRIL 7 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 783

Introduced by Assembly Member Hayashi

February 172011

An act to amend Section 2406 of the Business and Professions Codeand to amend Section 134015 of the Corporations Code relating toprofcssiemal eorporations and deelaring the mgeney thereof to tttkeeffeet immediatelyprofessional corporations

LEGISLATIVE COUNSELS DIGEST

AB 783 as amended Hayashi Professional corporations licensedphysical therapists and occupational therapists

Existing law regulating professional corporations provides that certainhealing arts practitioners may be shareholders officers directors orprofessional employees of a medical corporation-er-a podiatric medicalcorporation or a chiropractic corporation subject to certain limitations

This bill would add licensed physical therapists and licensedoccupational therapists to the list of healing arts practitioners who maybe shareholders officers directors or professional employees of thosecorporations The bill would also make conforming changes to a relatedprovision

This bill vv otlld deelare that it is to take etteet immediately as anmgeney statttte

Vote -majority Appropriation no Fiscal committee noState-mandated local program no

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AB783 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 2406 of the Business and Professions2 Code is amended to read3 2406 A medical corporation or podiatry corporation is a4 corporation that is authorized to render professional services as

defined in Sections 13401 and 134015 ofthe Corporations Code6 so long as that corporation and its shareholders officers directors7 and employees rendering professional services who are physicians8 and surgeons psychologists registered nurses optometrists9 podiatrists chiropractors acupuncturists naturopathic doctors

physical therapists or in the case of a medical corporation only11 physician assistants marriage and family therapists or clinical12 social workers are in compliance with the Moscone-Knox13 Professional Corporation Act the provisions of this article and all14 other statutes and regulations now or hereafter enacted or adopted

pertaining to the corporation and the conduct of its affairs16 With respect to a medical corporation or podiatry corporation17 the governmental agency referred to in the Moscone-Knox18 Professional Corporation Act is the board19 SEC 2 Section 134015 of the Corporations Code is amended

to read21 134015 Notwithstanding subdivision (d) of Section 1340122 and any other provision of law the following licensed persons23 may be shareholders officers directors or professional employees24 of the professional corporations designated in this section so long

as the sum of all shares owned by those licensed persons does not26 exceed 49 percent ofthe total number of shares of the professional27 corporation so designated herein and so long as the number of28 those licensed persons owning shares in the professional29 corporation so designated herein does not exceed the number of

persons licensed by the governmental agency regulating the31 designated professional corporation32 (a) Medical corporation33 (1) Licensed doctors of podiatric medicine34 (2) Licensed psychologists

(3) Registered nurses36 (4) Licensed optometrists37 (5) Licensed marriage and family therapists38 (6) Licensed clinical social workers

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-3-

(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists(10) Naturopathic doctors(11) Licensed physical therapists(12)Licensed occupational therapists(b) Podiatric medical corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed optometrists(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(8) Licensed physical therapists(9) Licensed occupational therapists(c) Psychological corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Registered nurses(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed chiropractors(8) Licensed acupuncturists(9) Naturopathic doctors(d) Speech-language pathology corporation(1) Licensed audiologists(e) Audiology corporation(1) Licensed speech-language pathologists(t) Nursing corporation(l) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists

AB783

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AB783 -4-

(10) Naturopathic doctors(g) Marriage and family therapy corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed clinical social workers(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(h) Licensed clinical social worker corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed marriage and family therapists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(i) Physician assistants corporation(1) Licensed physicians and surgeons(2) Registered nurses(3) Licensed acupuncturists(4) Naturopathic doctorsG) Optometric corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(k) Chiropractic corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed acupuncturists(9) Naturopathic doctors

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-5- AB783

(10) Licensed physical therapists(11) Licensed occupational therapists(l) Acupuncture corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed physician assistants(9) Licensed chiropractors(10) Naturopathic doctors(m) Naturopathic doctor corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed physician assistants(5) Licensed chiropractors(6) Licensed acupuncturists(7) Licensed physical therapists(8) Licensed doctors of podiatric medicine(9) Licensed marriage family and child counselors(10) Licensed clinical social workers(11) Licensed optometrists(n) Dental corporation(1) Licensed physicians and surgeons(2) Dental assistants(3) Registered dental assistants(4) Registered dental assistants in extended functions(5) Registered dental hygienists(6) Registered dental hygienists in extended functions(7) Registered dental hygienists in alternative practiceSEC 3 This aet is Ml ttrgene statttte neeessary for the

immediatepresenation of the ptlblie peaee hettlihor saferyvvithinthe meMling of Miele IV of the Constittttion Mld shaHgo intoimmediate effeet The fftets eonstitttting the neeessiry Me

In order to 8t1thorizelieensed physieal therapists to beshareholders offieers mreetors or professional employees of

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AD7S3 -6-

1 memeal eorpofatiofts andpodiatrie medieal eorpofatiofts as soOft2 as possible it is fteeessary that this aet tftke dIeet immediately

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AB 800 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 800Huber

Boards and commissions time reporting

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to add Section 1156410 to the Government Coderelating to boards and commissions

httpwwwleginfocagovpubI11-12billasmlab_0751-0800ab _800_ bill_20120201_status 652012

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AB 958 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 958Bill Berryhill

Regulatory boards limitations periods

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to Art IV Sec 10(e) of theFrom committee Filed with the Chiefto Joint Rule 56BUSINESS PROFESSIONS AND CONSUMER PROTECTION

TITLE An act to add Section 1105 to and to repeal Sections16702 22305 296005 3137 375051 498205499032 5561 5661 76865 988420 and 98898 of theBusiness and Professions Code relating to regulatoryboards

httpwwwleginfocagovpub11-12lbillasmlab_0951-1 OOOab_958 _bill_ 20120202_ status 652012

AB 1003 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 1003Smyth

Professional and vocational licenses

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to professional and vocational licenses

httpwwwleginfocagovpubll-12Ibillasmlab_l00l-l 050ab_1003 _bill_2012020 I_statu 652012

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AB 1205 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1205AUTHOR(S) Bill BerryhillTOPIC Licensed behavior analysts+LAST AMENDED DATE 04042011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to amend Section 499018 of and to add Chapter52 (commencing with Section 252971) to Division 2 ofthe Business and Professions Code relating to healingarts

httpwwwleginfocagovpub11-12billasmab _120 1-1250ab_1205 _bill_20 120201_statu 652012

AB 1435 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1435AUTHOR(S) Dickinson (Coauthors Alejo Buchanan and Hill) TOPIC Child abuse reporting athletic personnelHOUSE LOCATION SEN+LAST AMENDED DATE OS252012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredState-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS for

LASTLAST

APPROPRIATIONSOS252012

Do pass as amendedAyes 17 Noes OOPASS

TITLE An act to amend Section 111657 of the Penal Coderelating to child abuse reporting

httpwww1eginfocagovpub11-12lbiIVasmab_140 1-1450ab _1435 _bill~0120601_statu 652012

AMENDED IN ASSEMBLY MAY 25 2012

AMENDED IN ASSEMBLY MARCH 21 2012

AMENDED IN ASSEMBLY MARCH 142012

AMENDED IN ASSEMBLY FEBRUARY 29 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1435

Introduced by Assembly Member Dickinson(Coauthors Assembly Members Alejo Buchanan and Hill)

January 4 2012

An act to amend Section 111657 of the Penal Code relating to childabuse reporting

LEGISLATIVE COUNSELS DIGEST

AB 1435 as amended Dickinson Child abuse reporting athleticpersonnel

Existing law the Child Abuse and Neglect Reporting Act requiresa mandated reporter as defined to report whenever he or she in his orher professional capacity or within the scope of his or her employmenthas knowledge of or observed a child whom the mandated reporterknows or reasonably suspects has been the victim of child abuse orneglect Failure to report an incident is a crime punishable byimprisonment in a county jail for a period of up to 6 months a fine ofup to $1000 or by both that imprisonment and fine

This bill would add athletic coaches athletic administrators andathletic directors employed by a public or private organization to thelist of individuals who are mandated reporters The bill otlld reqtlirean ptlblie or pri v ate orgflftizationernplo ing flftathletieeoaen Mhletie

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~

AB 1435 -2-

ftdministrator or Mhletie direetor to hftve provided initiftl trftining byJflfttlM) I 2014 on speeified mfttters relMing to ehiM a-bttse ftftdnegleetfor those employees On ftftd ftfter lftnuftry 12014 the bill vvottld reeJtlireinitiftl trftining to be pro vided IV ithin 6 months of the dMe ftn indi vidttftlbeeomes employed in thM eftlfteiry The bill vvouM require theseindividuftls to eomplete eontifttling tminmg every 2 yeMs

By imposing the reporting requirements on a new class of personsfor whom failure to report specified conduct is a crime ftftdby imposingne~ trftining reeJtlirements on publie oIgftfiiZMions ineluding loeftlgOvernment entities this bill would impose a state-mandated localprogram

The Cftlifomift Constittltion reqtlires the stMe to reimbtlfse loeftlftgeneies ftnd sehool distriets for eertftin eosts mftftdMed by the stftteStftttltory pItYvisions esffiblish proeedtlfes for mftkffigthftt reimbtlfsement

This bill hould pro vide thM 4vith regMd to eertftin mftftdfttes noIeimbtlfsement is reeJtlired by this ftet for ft speeified reftson

Vith regftM to ftny other mftndMeS this bill vv0tlM pro vide thM if theCommission on StMe ~bndtltes determines thM the bill eontftins eostsso mftndftted by the stftte reimbttIsement for those eosts shftll be mftdeptlfStlftnt to the stftttltory pro visions noted ttbo ve

The California Constitution requires the state to reimburse localagencies and school districts for certain costs mandated by the stateStatutory provisions establish procedures for making thatreimbursement

This bill would provide that no reimbursement is required by this actfor a specified reason

Vote majority Appropriation no Fiscal committee yesState-mandated local program yes

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 111657 of the Penal Code is amended2 to read3 111657 (a) As used in this article mandated reporter is4 defined as any of the following5 (1) A teacher6 (2) An instructional aide7 (3) A teachers aide or teachers assistant employed by any8 public or private schooL9 (4) A classified employee of any public schooL

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5

10

15

20

25

30

35

40

-3- AB 1435

1 (5) An administrative officer or supervisor of child welfare and2 attendance or a certificated pupil personnel employee of any public3 or private school4 (6) An administrator of a public or private day camp

(7) An administrator or employee of a public or private youth6 center youth recreation program or youth organization7 (8) An administrator or employee of a public or private8 organization whose duties require direct contact and supervision9 of children

(9) Any employee of a county office of education or the State11 Department of Education whose duties bring the employee into12 contact with children on a regular basis13 (10) A licensee an administrator or an employee of a licensed14 community care or child day care facility

(11) A Head Start program teacher16 (12) A licensing worker or licensing evaluator employed by a17 licensing agency as defined in Section 111651118 (13) A public assistance worker19 (14) An employee of a child care institution including but not

limited to foster parents group home personnel and personnel of21 residential care facilities22 (15) A social worker probation officer or parole officer23 (16) An employee of a school district police or security24 department

(17) Any person who is an administrator or presenter of or a26 counselor in a child abuse prevention program in any public or27 private school28 (18) A district attorney investigator inspector or local child29 support agency caseworker unless the investigator inspector or

caseworker is working with an attorney appointed pursuant to31 Section 317 of the Welfare and Institutions Code to represent a32 mmor33 (19) A peace officer as defined in Chapter 45 (commencing34 with Section 830) of Title 3 of Part 2 who is not otherwise

described in this section36 (20) A firefighter except for volunteer firefighters37 (21) A physician and surgeon psychiatrist psychologist dentist38 resident intern podiatrist chiropractor licensed nurse dental39 hygienist optometrist marriage and family therapist clinical social

worker professional clinical counselor or any other person who

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101112131415161718192021222324252627282930313233343536373839

AB 1435 -4-

is currently licensed under Division 2 (commencing with Section500) of the Business and Professions Code

(22) Any emergency medical technician I or II paramedic orother person certified pursuant to Division 25 (commencing withSection 1797) of the Health and Safety Code

(23) A psychological assistant registered pursuant to Section2913 of the Business and Professions Code

(24) A marriage and family therapist trainee as defined insubdivision (c) of Section 498003 of the Business and ProfessionsCode

(25) An unlicensed marriage and family therapist internregistered under Section 498044 of the Business and ProfessionsCode

(26) A state or county public health employee who treats a minorfor venereal disease or any other condition

(27) A coroner(28) A medical examiner or any other person who performs

autopsies(29) A commercial film and photographic print processor as

specified in subdivision (e) of Section 11166 As used in thisarticle commercial film and photographic print processor meansany person who develops exposed photographic film into negativesslides or prints or who makes prints from negatives or slides forcompensation The term includes any employee of such a personit does not include a person who develops film or makes prints fora public agency

(30) A child visitation monitor As used in this article childvisitation monitor means any person who for financialcompensation acts as monitor of a visit between a child and anyother person when the monitoring of that visit has been orderedby a court of law

(31) An animal control officer or humane society officer Forthe purposes ofthis article the following terms have the followingmeanings

(A) Animal control officer means any person employed by acity county or city and county for the purpose of enforcing animalcontrol laws or regulations

(B) Humane society officer means any person appointed oremployed by a public or private entity as a humane officer who is

95

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10111213141516171819202122232425262728293031323334353637383940

-5- AB 1435

qualified pursuant to Section 14502 or 14503 of the CorporationsCode

(32) A clergy member as specified in subdivision (d) of Section11166 As used in this article clergy member means a priestminister rabbi religious practitioner or similar functionary of achurch temple or recognized denomination or organization

(33) Any custodian of records of a clergy member as specifiedin this section and subdivision (d) of Section 11166

(34) Any employee of any police department county sheriffsdepartment county probation department or county welfaredepartment

(35) An employee or volunteer of a Court Appointed SpecialAdvocate program as defined in Rule 1424 ofthe California Rulesof Court

(36) A custodial officer as defined in Section 8315(37) Any person providing services to a minor child under

Section 12300 or 123001 of the Welfare and Institutions Code(38) An alcohol and drug counselor As used in this article an

alcohol and drug counselor is a person providing counselingtherapy or other clinical services for a state licensed or certifieddrug alcohol or drug and alcohol treatment program Howeveralcohol or drug abuse or both alcohol and drug abuse is not inand of itself a sufficient basis for reporting child abuse or neglect

(39) A clinical counselor trainee as defined in subdivision (g)of Section 499912 of the Business and Professions Code

(40) A clinical counselor intern registered under Section 499942of the Business and Professions Code

(41) An athletic coach athletic administrator or athletic directoremployed by a public or private organization including but notlimited to schools and instittttions of higher e6ueation thatprovidekindergarten or any of grades 1 to 12 inclusive

(b) Except as provided in paragraph (35) of subdivision (a)volunteers of public or private organizations whose duties requiredirect contact with and supervision of children are not mandatedreporters but are encouraged to obtain training in the identificationand reporting of child abuse and neglect and are further encouragedto report known or suspected instances of child abuse or neglectto an agency specified in Section 111659

(c) Employers are strongly encouraged to provide theiremployees who are mandated reporters with training in the duties

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101112131415161718192021222324252627282930313233343536373839

AB 1435 -6-

imposed by this article This training shall include training in childabuse and neglect identification and training in child abuse andneglect reporting Whether or not employers provide theiremployees with training in child abuse and neglect identificationand reporting the employers shall provide their employees whoare mandated reporters with the statement required pursuant tosubdivision (a) of Section 111665

(d) School districts that do not train their employees specifiedin subdivision (a) in the duties of mandated reporters under thechild abuse reporting laws shall report to the State Department ofEducation the reasons why this training is not provided

(e) Unless otherwise specifically provided the absence oftraining shall not excuse a mandated reporter from the dutiesimposed by this article

(f) Public and private organizations are encouraged to providetheir volunteers whose duties require direct contact with andsupervision of children with training in the identification andreporting of child abuse and neglect

(g) (1) On 6r befure Jttmtary 1 2014 ttll) pttblie 6r privflie6rganizttti6ftemp16ing ttft Mhletie e6tteh Mhletie ttdmimstrltt6r6r Mhletie direet6r ttSspeeified ift pMttgrttph (41) 6f sttbdivisi6ft(tt) shttll pr6 vide iftitittl trttining f6r th6se empl~ ees 6n thefull6vvingmtttters

(A) The identifiettti6n 6f ehild ttbttse ttnd negleet(D) Aeti vities thttt e6ftstitttte inltppr6prittte ttftd illegttl e6ntttet

betiveen tt 6tlth ltftd ltft ttthietie e6tteh Mhletie ttdmiftistrttt6r 6rttthietie direet6r

(6) The resp6nsibilities 6f tt pers6n identified lIStt mttndfliedrep6rter in this seeti6n ineIttding btl ft6t limited t6 ttll 6f thefull6 vving

(i) T6 ~h6m tt rep6rt is reqtlired t6 be mttde(ii) The inf6rmttti6n thttt is reqttired t6 be ifte1ttdedin tt rep6rt(iii) The time vvithiftvvhieha mandated rep6rter is reqttired t6

file tt rep6rt(2) Initittl training shall be pr6vided b perS6ftSkn6vvledgeltble

ift the identifiettti6n 6fehild aettse ttnd negleet inltppf6prittte ltftdillegal e6ntaet bem eena 6ttth and ltftadttIt ltftdstatttt6ry rep6rtingreqttiremeftts ltftdshttll e6nsist 6ftw6 h6ttrs 6felassr66m 6r 6therinteraetive trainiftg ltftdedttettti6n

95

-7- AB 1435

1 (h) Commeneing on fmd aftel Jfmtlftry12014 fmofgfmization2 speeified in sttbdivision (g) shaHpro ide initial training within six3 months of the date that fm individtutl beeomes empleryed as an4 Mhletie eoaeh athletie administrator or athletie direetor ttnless5 the indi idttal reeei ed training Hithin tw0 years prior to the date6 the indi idtlal is empleryed An Mhletie eoaeh athletie7 administrator or athletie direetor Hho has leeeied initial training8 ptlfStlafttto sttbdiision (g) shall eomplete eontifttling training9 thereafter onee eery two years eonsisting of one hottf of

10 elassroom or other interaeti e training fmd edtteation11 SEC 2 No reimbtlrsement is reqtlired by this aet pttfStlafttto12 Seetion 6 ofArtiele )GIlD of the California Constitution for eertain13 eosts that may be inetllTed by a loeal ageney or sehool distriet14 beeatlse ift that regard this aet ereates a nev erime or infraetion15 eliminates a erime or infraetion or ehfmges the penalty fOfa erime16 or inflaetion Hithin the meaning of Seetion 17556 of the17 Goemment Code or ehanges the definition ofa elime Hithin the18 meaning of Seetion 6 of Aniele XIII D of the Califomia19 Constitution20 IIo~eer if the Commission on State Mfmdates determines that21 this aet eontainsother eosts mfmdated by the state reimbttfsement22 to loeal ageneies fmd sehool distliets for those eosts shall be made23 ptlfStlafttto Part 7 (eommeneing Hith Seetion 17500) of Division24 4 of Title 2 of the Goemment Code25 SEC 2 No reimbursement is required by this act pursuant to26 Section 6 of Article XIII B of the California Constitution because27 the only costs that may be incurred by a local agency or school28 district will be incurred because this act creates a new crime or29 infraction eliminates a crime or infraction or changes thepenalty30 for a crime or infraction within the meaning of Section 17556 of31 the Government Code or changes the definition of a crime within32 the meaning of Section 6 of Article XIII B of the California33 Constitution

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AB 1904 Assembly Bill Status

MEASURE AUTHOR(S)TOPIC

HOUSE

CURRENT BILL STATUS

AB No 1904Block Butler and

Professions and vocationslicenses

LOCATION

Cookmilitary spouses temporary

TYPE OF BILL

SEN

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyAppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpub11-12billasmab _1901-1950ab _1904_ bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes Noes OOPASS17

An act to add Section 1155 to the Business andProfessions Code relating to professions and vocationsand making an appropriation therefor

-

AB 1588 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1588AUTHOR(S) Atkins (Principal coauthors Cook and Nielsen)

(Coauthors Block Beth Gaines Pan V Manuel PerezWilliams and Yamada)

TOPIC Professions and vocations reservist licensees fees andcontinuing education

HOUSE LOCATION SEN+LAST AMENDED DATE 03052012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS forLAST

LAST

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

TITLE An act to add Section 1143 to the Business andProfessions Code relating to professions and vocations

htlpllwwwleginfocagovpubll-12Ibillasmlab _1551-1600ab _1588 _bill_20120601_statu 652012

middot

AMENDED IN ASSEMBLY MARCH 5 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1588

Introduced by Assembly Member Atkins(Principal coauthors Assembly Members Cook and Nielsen)

(Coauthors Assembly Members Block Beth Gaines PanV Manuel Perez Williams and Yamada)

February 6 2012

An act to add Section 1143 to the Business and Professions Coderelating to professions and vocations

LEGISLATIVE COUNSELS DIGEST

AB 1588 as amended Atkins Professions and vocations reservistlicensees fees and continuing education

Existing law provides for the regulation of various professions andvocations by boards commissions or bureaus within the Departmentof Consumer Affairs and for the licensure or registration of individualsin that regard Existing law authorizes any licensee whose licenseexpired while he or she was on active duty as a member of the CaliforniaNational Guard or the United States Armed Forces to reinstate his orher license without examination or penalty if certain requirements aremet

This bill would require the boards commissions or bureaus describedabove to waive the renewal fees and continuing education requirementsif either is applicable of any licensee or registrant who is a reservistcalled to active duty as a member of the United States Military Reserveor the California National Guard if certain requirements are met

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

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AB 1588 -2-

Thepeople of the State of Califomi a do enact asfollows

1 SECTION 1 Section 1143 is added to the Business and2 Professions Code to read3 1143 Notwithstanding any other provision oflaw everyboard4 commission or bureau within the department shall waive the5 renewal fees and continuing education requirements if either is6 applicable for any licensee or registrant who is a reservist called7 to active duty as a member of the United States Military Reserve8 or the California National Guard if all of the following9 requirements are met

10 (a) The licensee or registrant was in good standing with the11 board commission or bureau at the time the reservist was called12 to active duty13 (b) The renewal fees or continuing education requirements are14 waived only for the period during which the reservist is on active15 duty service16 (c) The active duty reservist or the active duty reservists spouse17 or registered domestic partner provides written notice satisfactory18 to the board commission or bureau that substantiates the19 reservists active duty service

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AB 1896 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1896AUTHOR(S) ChesbroTOPIC Tribal health programs health care practitionersHOUSE LOCATION SEN+LAST AMENDED DATE 03272012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATIONCOMM ACTION DATECOMM ACTIONCOMM VOTE SUMMARY

ASM

05172012Referred to Com on B P amp EDBUSINESS PROFESSIONS AND CONSUMER PROTECTION04102012

Do passAyes 09 Noes OOPASS

TITLE An act to amend the heading of Article 10 (commencingwith Section 710) of Chapter 1 of Division 2 of and toadd Section 719 to the Business and Professions Coderelating to healing arts

httpwwwleginfocagovpubI11-12lbillasmab_1851-1900ab_1896_bill_20120517 _statu 652012

-

AMENDED IN ASSEMBLY MARCH 27 2012

CALIFORNIA LEGISLATURE-20II-12 REGULAR SESSION

ASSEMBLY BILL No 1896

Introduced by Assembly Member Chesbro

February 222012

An act to amend the heading of Article 10 (commencing with Section710) of Chapter 1 of Division 2 of and to add Section 719 to theBusiness and Professions Code relating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1896 as amended Chesbro Tribal health programs health carepractitioners

Under existing federal law licensed health professionals employedby a tribal health program are required to be exempt if licensed in anystate from the licensing requirements of the state in which the tribalhealth program performs specified services A tribal health program isdefined as an Indian tribe or tribal organization that operates any healthprogram service function activity or facility funded in whole or partby the Indian Health Service

Existing law provides for the licensure and regulation of health carepractitioners by various healing arts boards within the Department ofConsumer Affairs

This bill would codify that federal requirement by specifying that aperson who is licensed as a health care practitioner in any other stateand is employed by a tribal health program is exempt from any statelicensing requirement with respect to acts authorized under thepersonslicense where the tribal health program performs specified services

Vote majority Appropriation no Fiscal committee noState-mandated local program no

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AD 1896 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 The heading of Article 10 (commencing with2 Section 710) of Chapter 1 of Division 2 of the Business and3 Professions Code is amended to read456789

101112131415161718192021

Article 10 Federal Personnel and Tribal Health Programs

SEC 2 Section 719 is added to the Business and ProfessionsCode to read

719 (a) A person who is licensed as a health care practitionerin any other state and is employed by a tribal health program asdefined in Section 1603 of Title 25 of the United States Code shallbe exempt from any licensing requirement described in this divisionwith respect to acts authorized under the persons license wherethe tribal health program performs the services described in thecontract or compact of the tribal health program under the IndianSelf-Determination and Education Assistance Act (25 USC Sec450 et seq)

(b) For purposes of this section health care practitioner meansany person who engages in acts that are the subject of licensureor regulation under this division or Ml) initiative 8et referred to inthis division the law of any other state

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CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1904

Introduced by Assembly Members Block Butler and Cook

February 222012

An act to add Section 1155 to the Business and Professions Coderelating to professions and vocations and making an appropriationtherefor

LEGISLATIVE COUNSELS DIGEST

AB 1904 as introduced Block Professions and vocations militaryspouses temporary licenses

Existing law provides for the licensure and regulation of variousprofessions and vocations by boards within the Department of ConsumerAffairs Existing law provides for the issuance of reciprocal licenses incertain fields where the applicant among other requirements has alicense to practice within that field in another jurisdiction as specifiedUnder existing law licensing fees imposed by certain boards withinthe department are deposited in funds that are continuously appropriated

This bill would authorize a board within the department to issue atemporary license to an applicant who among other requirements holdsan equivalent license in another jurisdiction as specified and is marriedto or in a legal union with an active duty member of the Armed Forcesofthe United States who is assigned to a duty station in California underofficial active duty military orders The bill would require a board toexpedite the process for issuing these temporary licenses The bill wouldrequire the applicant to pay any fees required by the board and wouldrequire that those fees be deposited in the fund used by the board toadminister its licensing program To the extent that the bill would

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AB 1904 -2-

increase the amount of money deposited into a continuously appropriatedfund the bill would make an appropriation

Vote majority Appropriation yes Fiscal committee yesState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 1155 is added to the Business and2 Professions Code to read3 1155 (a) A board within the department may issue a4 temporary license to an applicant who meets all of the following5 requirements6 (l) Submits an application in the manner prescribed by the7 board8 (2) Supplies evidence satisfactory to the board that the applicant9 is married to or in a domestic partnership or other legal union

10 with an active duty member of the Armed Forces of the United11 States who is assigned to a duty station in this state under official12 active duty military orders13 (3) Holds a current license in another state district or territory14 of the United States with the requirements that the board determines15 are substantially equivalent to those established under this code16 for that occupation17 (4) Has not committed an act in anyjurisdiction that would have18 constituted grounds for denial suspension or revocation of the19 license under this code at the time the act was committed20 (5) Has not been disciplined by a licensing entity in another21 jurisdiction and is not the subject of an unresolved complaint22 review procedure or disciplinary proceeding conducted by a23 licensing entity in another jurisdiction24 (6) Pays any fees required by the board Those fees shall be25 deposited in the applicable fund or account used by the board to26 administer its licensing program27 (7) Submits fingerprints and any applicable fingerprinting fee28 in the manner required of an applicant for a regular license29 (b) A board shall expedite the procedure for issuing a temporary30 license pursuant to this section31 (c) A temporary license issued under this section shall be valid32 for 180 days except that the license may at the discretion of the

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-3- AB 1904

I board be extended for an additional180-day period on application2 of the license holder3 (d) A board may adopt regulations necessary to administer this4 section

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99

AB 1932 Assembly Bill Status

MEASURE AUTHOR(S)TOPICHOUSE+LAST

CURRENT BILL STATUS

AB No 1932Gorell (Coauthor Cook)

United States armed services healing arts boardsLOCATION SENAMENDED DATE 04172012

TYPE OF BILL

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpubI11-12Ibillasmab_1901-1950ab_1932_bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

An act to add Section 7102 to the Business andProfessions Code relating to healing arts

-

AMENDED IN ASSEMBLY APRIL 172012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1932

Introduced by Assembly Member-Ceek Gorell(Coauthor Assembly Member Cook)

February 222012

An act to add Section 7102 to the Business and Professions Coderelating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1932 as amended euroook Gorell United States armed serviceshealing arts boards

Existing law provides for the licensure and regulation of varioushealing arts professions and vocations by boards within the Departmentof Consumer Affairs Existing law requires the rules and regulations ofthese healing arts boards to provide for methods of evaluating educationtraining and experience obtained in military service if such training isapplicable to the requirements of the particular profession or vocationregulated by the board Under existing law the Department of VeteransAffairs has specified powers and duties relating to various programsserving veterans

This bill would require by January 12014 and annually thereafterevery healing arts board to issue a specified written report to theDepartment of Veterans Affairs and the Legislature as specified thatclearly details the methods of evaluating the education training andexperience obtained in military service and whether that educationtraining and experience is applicable to the boards requirements forlicensure The bill would declare the intent of the Legislature in thisregard

98

AB 1932 -2-

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 710 of the Business and Professions Code2 was enacted in 1969 and because healing arts boards have not3 demonstrated significant compliance with that section it is the4 intent of the Legislature to establish an annual reporting5 requirement to compel these boards to provide information about6 the methods of evaluating education training and experience7 obtained in military service in order to meet the needs of the8 upcoming wave of armed service members returning to civilian9 life

10 SEC 2 Section 7102 is added to the Business and Professions11 Code to read12 7102 (a) By January 12014 and annually thereafter every13 healing arts board described in this division shall issue a written14 report to the Department of Veterans Affairs and to the Legislature15 that clearly details the methods of evaluating the education16 training and experience obtained in military service and whether17 that education training and experience is applicable to the boards18 requirements for licensure This written report shall include but19 not be limited to quantitative information about the number of20 service members who have applied for and have used their military21 education training and experience to fulfill the boards22 requirements for licensure23 (b) (1) The requirement to submit a report to the Legislature24 under subdivision (a) shall be inoperative on January 1 201825 pursuant to Section 102315 of the Government Code26 (2) A report to the Legislature shall be submitted in compliance27 with Section 9795 of the Government Code

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AD 171 -2-

plan contracts and health insurance policies to provide coverage forbehavioral health treatment as defined for pervasive developmentaldisorder or autism

This bill would require health care service plan contracts and healthinsurance policies to provide coverage for the screening diagnosis andtreatment other than behavioral health treatment of mrtism speetmmdis()rderspervasive developmental disorder or autism The bill wouldhowever provide that no benefits are required to be provided lry a hettlthbenefit plan ()iIered tllf()t1gft the Califomia Health Benefit EJCehangethat eJteeedthe essentittlhettlthbenefits reqttired that exceed the essentialhealth benefits that will be required under specified federal law Thebill would prohibit e()vetagefr()Mbeing denied for speeified reas()nshealth care service plans and health insurersfrom denying terminatingor refusing to renew coverage solely because the individual is diagnosedwith or has received treatment for pervasive developmental disorderor autism Because the bill would change the definition of a crime withrespect to health care service plans it would thereby impose astate-mandated local program

(2) The California Constitution requires the state to reimburse localagencies and school districts for certain costs mandated by the stateStatutory provisions establish procedures for making that reimbursement

This bill would provide that no reimbursement is required by this actfor a specified reason

Vote majority Appropriation no Fiscal committee yesState-mandated local program yes

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 137473 1374745 is added to the Health2 and Safety Code to read3 1374734 1374745 (a) Every health care service plan contract issued5 amended or renewed on or after January 1~ 2013 that6 provides hospital medical or surgical coverage shall provide7 coverage for the screening diagnosis and treatment of mrtism8 speetlttM dis()rderspervasive developmental disorder or autism9 (b) A health care service plan shall not terminate coverage or

10 refuse to deliver execute issue amend adjust or renew coverage11 to an enrollee solely because the individual is diagnosed with or

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has received treatment for 811mttism sleetmm disorder pervasivedevelopmental disorder or autism

(c) Coverage required to be provided under this section shallextend to all medically necessary services and shall not be subjectto any limits regarding age number of visits or dollar amountsCoverage required to be provided under this section shall not besubject to provisions relating to lifetime maximums deductiblescopayments or coinsurance or other terms and conditions that areless favorable to an enrollee than lifetime maximums deductiblescopayments or coinsurance or other terms and conditions thatapply to physical illness generally under the plan contract

(d) Coverage required to be provided under this section is ahealth care service and a covered health care benefit for purposesof this chapter Coverage shall not be denied on the basis of thelocation of delivery of the treatment or on the basis that thetreatment is habilitative nonrestorative educational academic orcustodial in nature

(e) A health care service plan may request no more than onceannually a review of treatment provided to an enrollee for mttismsleetmm disorders pervasive developmental disorder or autismThe cost of obtaining the review shall be borne by the plan Thissubdivision does not apply to inpatient services

(f) A health care service plan shall establish and maintain anadequate network of qualified mttism service providers withappropriate training and experience in 8tttism sleetmm disorderspervasive developmental disorder or autism to ensure that enrolleeshave a choice of providers and have timely access continuity ofcare and ready referral to all services required to be provided bythis section consistent with Sections 1367 and 136703 and theregulations adopted pursuant thereto

(g) (l) This section shall not be construed as reducing anyobligation to provide services to an enrollee under an individualizedfamily service plan an individualized program plan a preventionprogram plan an individualized education program or anindividualized service plan

(2) This section shall not be construed as limiting or excludingbenefits that are otherwise available to an enrollee under a healthcare service-plan-plan including but not limited to benefits thatare required to be covered pursuant to Sections 137472 and137473

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AD 171 -4-

(3) This section shall not be construed to mean that the servicesrequired to be covered pursuant to this section are not requiredto be covered under other provisions of this chapterffl(4) This section shall not be construed as affecting litigation

that is pending on January 12012(h) On and after Jalttlllry 1 2014 to the extent that this seetion

reqttires health henefits to he pt0 vided that ellteeedthe essenti8lhealth henefits reqtlired to he pro vided tmder Seetion 1302(h) ofthe federal Patient Proteetion and Affordable CMe Aet (Ptth1ieLaw 111 148) as amended h the federal He8lth Cate andEdtteation Reeoneiliation Aet of 2010 (Ptlhlie La~v 111 152) hyqtl8lifiedhe8lth plans offering those henefits in the CalifomiaHealth Benefit ElltehangeptlfStl8lltto Title 22 (eommeneing vvithSeetion 100500) of the Government Code the speeifie henefitsthat ellteeedthe federaU reqtlired essential health henefits are notreqttired to he pro vided hen offered h a health eat e sen iee planeontIaet thrOtlgh the ElltehangeHowe-fer those speeifie henefitsMereqtlired to he pro vided if offered h a health eMe sen iee planeontraet otltside of the Elltehange

(h) Notwithstanding subdivision (a) on and after January 12014 this section does not require any benefits to beprovided thatexceed the essential health benefits that all health plans will berequired byfederal regulations to provide under Section 1302(b)of the federal Patient Protection and Affordable Care Act (PublicLaw 111-148) as amended by the federal Health Care andEducation Reconciliation Act of2010 (Public Law 111-152)

(i) As used in this section the following tenus shall have thefollowing meanings

(1) Atltism speetunn disorder means a nettrohiologiealeondition that inelttdes 8ttistiedisorder Aspergers disorder Rettsdisorder ehildhood disintegtative disorder and penasivedeielopment8l disorder not othenv ise speeified

(2) Behavioral health treatment me8fiSprofessional senieesand treatment progt ams ineltlding heh8gtioml inten ention thetapy81plied heh8iioral analysis and other intensive hehavioralprograms that have demonstrated eftieae to develop maintainor restore to the m8lltimttmellttentpraetieable the ftmetioning orqtla1iryof life of an individttal and that have been demonstrated

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-5- AB 171

to trettt the eore symptoms ttssoeittted Wvith tttttism speetrumdisorder

(3) Behtt iorttl intervefttion therttpy meMS the designimplementMion Md ettltltttion of enironmentttl modifietttionstlsing behtt iorM stimttli Md eonseqtlenees to prodttee soeittllysignifiettftt impro vement in behtt iors inelttding the tlse of direetobsen tttion mettstlfement ttnd fttnetionM ttnMyses of thereltttionship beh een engtironment Md behtt iorf41(1) Diagnosis of tttttism speetrum disoIders pervasive

developmental disorder or autism means medically necessaryassessment evaluations or tests to diagnose whether an individualhas one of the tttttism speetmm disoIders pervasive developmentaldisorder or autism

(5) E idenee bttsed resettreh mettns resettreh thttt ttppliesrigorotls sy stemtttie md obj eeti bulle proeedtlres to obtttin bullttlidknovvledge rek4ttnt to tttttism speetmm disorders

(2) Pervasive developmental disorder or autism shall havethe same meaning and interpretation as used in Section 137472

(3) Pharmacy care means medications prescribed by a licensedphysician and surgeon or other appropriately licensed or certifiedprovider and any health-related services deemed medicallynecessary to determine the need or effectiveness of the medications

e1(4) Psychiatric care means direct or consultative psychiatric

services provided by a psychiatrist or ttftY other ttppropritttelylieensed or eertified proider licensed in the state in which he orshe practices

t81(5) Psychological care means direct or consultative

psychological services provided by a psychologist or ttny otherftPpropritttely lieensed or eertified pro ider licensed in the state inwhich he or she practices

(9) Qtlttlified tttttism sen iee pro dder shttll inelttde Myntttionttlly or stttte lieensed or eertified person entity or grottp thtttdesigns sttpervises or pro) ides tretttment of tttttism speetntmdisorders Md the ttnlieensed persoflftel sttpervised by the lieensedor eertified person entity or gIOtlp proided the seniees ttreWvithinthe expeIienee md seope of prttetiee of the lieensed or

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AD 171 -6-

eertified person entity or grottp Qualified atltism senieeprolider shall also inelttde llft)serviee prot idef that is venaorizedby a regional eenter to pro vide those same seniees for fltltismspeetrttm disorders under DF~ision45 (eommeneing with Seetion4500) of the WeUftre and Instittttions Code or Title 14(eommeneing with Seetion 95000) of the GOvernment Code tmdthe ttnlieensed personnel sttpen ised b that pro vider or a StateDepMtment of Edtleation nonpttblie nonseetMitm agenq asdefined in Seetion 56035 of the Edtteation Code llpproved topro vide those same sen iees for fltltismspeetl tlm disorders and thettnlieensed personnel supen ised b that agene A qttalifiedfltltismseniee prOvider shall enstlfe eriminal baekgrotmdsereening tmdfingerprinting and adeqttate training and stlpenision of allpersonnel tltilizedto implement serviees Any nationallieense oreertifieation reeognizedby this seetion shaH be aeeredited by theNational Commission for Certiryi~ Agencies ~mCA)

fW1(6) Therapeutic care means services provided by a licensed

or certified speech therllpists therapist an occupational therllpiststherapist or a physical therllpists or tmy other llppropriatelylieensed or eertified pro vider therapist

fH1(7) Treatment for fltltism speetrttm disorders pervasive

developmental disorder or autism means all of the followingcare including necessary equipment that develops maintains orrestores to the maximum extent practicable the functioning orquality of life of an individual with pervasive developmentaldisorder or autism and is prescribed or ordered for an individualdiagnosed with one of the fltltism speetrttm disorders pervasivedevelopmental disorder or autism by a licensed physician andsurgeon or a licensed psychologist or an other llppropriatelylieensed or eertified pro vider who determines the care to bemedically necessary

(A) Behavioral health treatlnent(B1(A) Pharmacy care if the plan contract includes coverage for

prescription drugseuro1(B) Psychiatric care(B1

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-7- AB 171

(C) Psychological care$1(D) Therapeutic care(F) Aft) eMe flt)rindi vidttals vvith tttttism sleetmm dis6rders

that is dem6nstrated based tlf6n best Ilaetiees 6r evidenee basedreseMeh t6 be medieaH) neeessary

(8) Treatmentfor pervasive developmental disorder or autismdoes not include behavioral health treatment as defined in Section137473

(j) This section with the exception of subdivision (b) shall notapply to dental-only or vision-only health care service plancontracts

SEC 2 Section 10144511014453 is added to the InsuranceCode to read

10144511014453 (a) Everyhealthinsurancepolicyissuedamended

or renewed on or after January 1 2012 2013 that provideshospital medical or surgical coverage shall provide coverage forthe screening diagnosis and treatment of atltism sleetmmdis6rders pervasive developmental disorder or autism

(b) A health insurer shall not terminate coverage or refuse todeliver execute issue amend adjust or renew coverage to aninsured solely because the individual is diagnosed with or hasreceived treatment for Mt Mttism sleetmm dis6rder pervasivedevelopmental disorder or autism

(c) Coverage required to be provided under this section shallextend to all medically necessary services and shall not be subjectto any limits regarding age number of visits or dollar amountsCoverage required to be provided under this section shall not besubject to provisions relating to lifetime maximums deductiblescopayments or coinsurance or other terms and conditions that areless favorable to an insured than lifetime maximums deductiblescopayments or coinsurance or other terms and conditions thatapply to physical illness generally under the policy

(d) Coverage required to be provided under this section is ahealth care service and a covered health care benefit for purposesof this part Coverage shall not be denied on the basis of thelocation of delivery of the treatment or on the basis that thetreatment is habilitative nonrestorative educational academic orcustodial in nature

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AB 171 -8-

(e) A health insurer may request no more than once annuallya review of treatment provided to an insured for tttttism speetfllftidisorders pervasive developmental disorder or autism The costof obtaining the review shall be borne by the insurer Thissubdivision does not apply to inpatient services

(f) A health insurer shall establish and maintain an adequatenetwork of qualified tttttism service providers with appropriatetraining and experience in atttism speetmm disorders pervasivedevelopmental disorder or autism to ensure that insureds have achoice of providers and have timely access continuity of careand ready referral to all services required to be provided by thissection consistent with Sections 101335 and 1013355 and theregulations adopted pursuant thereto

(g) (1) This section shall not be construed as reducing anyobligation to provide services to an insured under an individualizedfamily service plan an individualized program plan a preventionprogram plan an individualized education program or anindividualized service plan

(2) This section shall not be construed as limiting or excludingbenefits that are otherwise available to an enrollee under a healthinsurance policy including but not limited to benefits that arerequired to be covered under Sections 101445 and 1014451

(3) This section shall not be construed to mean that the servicesrequired to be covered pursuant to this section are not requiredto be covered under other provisions of this chapter

f31(4) This section shall not be construed as affecting litigation

that is pending on January 12012(h) On ttnd after JMltlttry12014 to the extent that this seetion

reqtlires health benefits to be 110 vided that exeeed the essentittlhettlth benefits Ieqtlired to be provided tmder Seetion 1302(b) ofthe federal Patient Proteetion and Apoundfordable CMe Aet (PtlblieLal9 III 148) as amended b the federal Health CMe ttndEdtteation Reeoneiliation Aet of 2010 (Pttblie La bullbull III 152) byqualified hettlth plttns otIering those benefits in the CaliforniaHealth Benefit Exehttnge ptlfStltlntto Title 22 (eommeneing bullbullithSeetion 100500) of the GOvemment Code the speeifie benefitsthat exeeed the federally reqtlired essential health benefits Me notreqt1ired to be pro vided 17 hen otIered b a health instlIttneepolieytftrotlgh the Exehttnge However those speeifle benefits Me

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-9- AB 171

reqtlired to be pIovided if otIered b~ a health iftsttIfmee polieyotltside of the Exehflftge

(h) Notwithstanding subdivision (a) on and after January 12014 this section does not require any benefits to beprovided thatexceed the essential health benefits that all health plans will berequired byfederal regulations to provide under Section 1302(b)of thefederal Patient Protection and Affordable Care Act (PublicLaw 111-148) as amended by the federal Health Care andEducation Reconciliation Act of 2010 (Public Law 111-152)

(i) As used in this section the following terms shall have thefollowing meanings

(1) Atttism speetIttm disorder meflftS a ftettrobiologieaeoftditioft thM ifteltldes atttistie disorder AspergeIs disorder Rertsdisorder ehildhood disiffiegrMi ve disorder flftd per- asivede velopmemal disorder ftot otheIvise speeified

(2) Dehav iora health treatmem meflftS professioftal servieesand treatmem pf6grMlls ineluding beha vioral intergtentioft therapyapplied beha vioral flft~ sis flftd other imeftsi ve beha vioraprograms thM ha ve demonstrated effie~ to de velop maiffifliftor restore to the maximttm extem pIaetieable the fttftetioftiftg orquality of life of aft individttal and thM have beeft demoftstrMedto treat the eore s~mptoms assoeiMed fv ith atttism speetrumdisorder

(3) Dehavioral imer-efttioft thera~ meaftS the desigftimplememMioft flftd eJalttMioft of eftviromnemal modifieMioftsusiftg behavioral stimuli flftd eoftseqtleftees to produee soeiallysigftifieam improvement ift behflviOfs ifteludiftg the use of direetobser- Mioft meastlI emem flftd fuftetional flftaryses of therelMioftship betveen en viromneftt flftd beha viorf41(1) Diagnosis of atltism speetrtlm disoIders pervasive

developmental disorder or autism means medically necessaryassessment evaluations or tests to diagnose whether an individualhas ofte of the atltism speetrtim disorders pervasive developmentaldisorder or autism

(5) Evidenee based researeh meaftS research that appliesrigorotls s~stemMie and obj eetive proeedttres to obtaift validkftowledge re1eam to atttism speetrtlm disorders

(2) Pervasive developmental disorder or autism shall havethe same meaning and interpretation as used in Section 137472

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AB 171 -10-

t61(3) Pharmacy care means medications prescribed by a licensed

physician and surgeon or other appropriately licensed or certifiedprovider and any health-related services deemed medicallynecessary to determine the need or effectiveness of the medications

ffl(4) Psychiatric care means direct or consultative psychiatric

services provided by a psychiatrist or ftny other ftlpropritttelylieensed or eertified pro vider licensed in the state in which he orshe practices

t81(5) Psychological care means direct or consultative

psychological services provided by a psychologist or fm)i otherflPproprifttely lieensed or eertified provider licensed in the state inwhich he or she practices

(9) Quftlified fttltism serviee provider shftll inelude ftftyntttionftlry or stttte lieensed or eertified person entity or gIOtlp thtttdesigns sttpeIv ises or pro vides trefttment of fttttism speetI mndisorders ftndthe tlftlieensed pel sonnel Stlpen ised b the lieensedor eertified person entity or grotlp pro vided the sen iees Mefv ithin the experienee ftnd seope of prftetiee of the lieensed oreertified person entity or grotlp Qtlftlified fttltism senieepm vider shftllmso include ftft serviee pro vider thttt is vendorizedb ftregionM eenter to pro vide those sftme sen iees fur fttltismspeetrttm disorders tlftder DiVisioft 45 (eommeneiftg with Seetion4588) of the WeIfMe ftftd Instittttions Code or Title 14(eommefteiftg vvith Seetion 95888) of the GOvernment Code ftftdthe tlftlieensed personnel stlpen ised b thftt pro vider 01 ftStttteDepMtment of Edtlefttion nonpttblie ftonseetftriftft ftgene ftSdefifted in Seetioft 56835 of the Edtletttion Code flPProved 16pro vide those SMIlesen iees fuI fttltism speetrttm disorders and thetlftlieensed personnel supen ised b thttt ftgene A qttft1ifiedfttltismsen ice pro vider shftll ensttre eriminm bftekgrotlftd sereening ftftdfingerprintiftg ftftd ftdequttte trftining ftftd Stlpen isioft of allpersonnel tttilized to implement sen iees An ntttionftllieense oreertifietttion reeogftized b this seetion shftllbe fteeredited by theNtttioftm Commission fur Certifyiftg Agencies (NCCA)

fWt(6) Therapeutic care means services provided by a licensed

or certified speech therftlists therapist an occupational therftpists

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therapist or a physical therapists ~r an) ~ther appropriatelylieensed ~r eertihed pr~ bullbullider therapist

tH1(7) Treatment for atrtism speetmm dis~rders pervasive

developmental disorder or autism means all of the followingcare including necessary equipment that develops maintains orrestores to the maximum extent practicable the functioning orquality of life of an individual with pervasive developmentaldisorder or autism and is prescribed or ordered for an individualdiagnosed with ~ne ~f the atttism speetmm dis~Iders pervasivedevelopmental disorder or autism by a licensed physician andsurgeon or a licensed psychologist ~r an) ~ther appIopIiMelyHeensed ~r eertihed pr~vider who determines the care to bemedically necessary

(A) Behlh i~r8lhealth treatmenttB1(A) Pharmacy care if the policy includes coverage for

prescription drugsfeuro7(B) Psychiatric caretB1(C) Psychological care(E1(D) Therapeutic care(F) Any eare fur indi viduals Vol ith autism speetrum dis~rders

thM is dem~nstrMed based up~n best praetiees ~r evidenee basedreseareh t~ be mediealry neeessary

(8) Treatmentfor pervasive developmental disorder or autismdoes not include behavioral health treatment as defined in Section1014451

U) This section with the exception of subdivision (b) shall notapply to dental-only or vision-only health insurance policies

SEC 3 No reimbursement is required by this act pursuant toSection 6 of Article XIII B of the California Constitution becausethe only costs that may be incurred by a local agency or schooldistrict will be incurred because this act creates a new crime orinfraction eliminates a crime or infraction or changes the penaltyfor a crime or infraction within the meaning of Section 17556 ofthe Government Code or changes the definition of a crime within

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AB 374 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASUREAUTHOR (S)TOPICHOUSE+LAST

AB NoHayashi

AthleticLOCATIONAMENDED DATE

374

SENOS272011

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

the request ofCOMM LOCATION

06162011In committee

authorSEN BUSINESS

Set first hearing Hearing canceled at

PROFESSIONS AND ECONOMIC DEVELOPMENT

TITLE An act to add Chapter 27 (commencing with Section18898) to Division 8 of the Business and ProfessionsCode relating to athletic trainers

httpwwwleginfocagovpub11-12billasmab_0351-0400ab_374_bill_20 652012

AB 386 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 386AUTHOR(S) GalgianiTOPIC Prisons telehealth systems+LAST AMENDED DATE 05112011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to add Section 50233 to the Penal Code relatingto prisoners

httpwww1eginfocagovpubI11-12lbillasmab_ 0351-0400ab _386_ bill_20120201_status 652012

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AB 439 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPICHOUSE+LAST

AB No 439Skinner

Health care informationLOCATION SENAMENDED DATE 06282011

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 07052011LAST HIST ACTION In committee Set first hearing Held without

recommendationCOMM LOCATION SEN JUDICIARY

TITLE An act to amend Section 5636 of the Civil Coderelating to health care information

httpwwwleginfocagovpub11-12billasmab_0401-0450ab _439 _bill_20120509 _status 652012

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AMENDED IN SENATE JUNE 28 2011

AMENDED IN ASSEMBLY MAY 182011

AMENDED IN ASSEMBLY APRIL 7 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 439

Introduced by Assembly Member Skinner

February 142011

An act to amend Section 5636 of the Civil Code relating to healthcare information

LEGISLATIVE COUNSELS DIGEST

AB 439 as amended Skinner Health care informationExisting law the Confidentiality of Medical Information Act (CMIA)

prohibits a health care provider a contractor or a health care serviceplan from disclosing medical information as defined regarding a patientof the provider or an enrollee or subscriber of the health care serviceplan without first obtaining an authorization except as specified Inaddition to other remedies available existing law authorizes anindividual to bring an action against any person or entity who hasnegligently released his or her confidential records in violation ofthoseprovisions for nominal damages of$lOOO

This bill would specify that in an action brought on or after January1 2012 a court may not award nominal damages if the defendantestablishes specified factors as an affirmative defense including butnot limited to that it is a covered entity as defined and has compliedwith any obligations to notify persons entitled to receive notice regardingthe release of the information The bill would also make a technicalnonsubstantive change

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AB439 -2-

Vote majority Appropriation no Fiscal committee noState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 5636 of the Civil Code is amended to2 read3 5636 (a) Any violation of the provisions of this part that4 results in economic loss or personal injury to a patient is punishable5 as a misdemeanor6 (b) In addition to any other remedies available at law any7 individual may bring an action against any person or entity who8 has negligently released confidential information or records9 concerning him or her in violation of this part for either or both

10 of the following11 (1) Except as provided in subdivision (e) nominal damages of12 one thousand dollars ($1000) In order to recover under this13 paragraph it shall not be necessary that the plaintiff suffered or14 was threatened with actual damages15 (2) The amount of actual damages if any sustained by the16 patient17 (c) (l) In addition any person or entity that negligently18 discloses medical information in violation of the provisions of this19 part shall also be liable irrespective of the amount of damages20 suffered by the patient as a result of that violation for an21 administrative fine or civil penalty not to exceed two thousand22 five hundred dollars ($2500) per violation23 (2) (A) Any person or entity other than a licensed health care24 professional who knowingly and willfully obtains discloses or25 uses medical information in violation of this part shall be liable26 for an administrative fine or civil penalty not to exceed twenty-five27 thousand dollars ($25000) per violation28 (B) Any licensed health care professional who knowingly and29 willfully obtains discloses or uses medical information in violation30 of this part shall be liable on a first violation for an administrative31 fine or civil penalty not to exceed two thousand five hundred32 dollars ($2500) per violation or on a second violation for an33 administrative fine or civil penalty not to exceed ten thousand34 dollars ($10000) per violation or on a third and subsequent35 violation for an administrative fine or civil penalty not to exceed

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twenty-five thousand dollars ($25000) per violation Nothing inthis subdivision shall be construed to limit the liability of a healthcare service plan a contractor or a provider of health care that isnot a licensed health care professional for any violation of thispart

(3) (A) Any person or entity other than a licensed health careprofessional who knowingly or willfully obtains or uses medicalinformation in violation of this part for the purpose of financialgain shall be liable for an administrative fine or civil penalty notto exceed two hundred fifty thousand dollars ($250000) perviolation and shall also be subject to disgorgement of any proceedsor other consideration obtained as a result of the violation

(B) Any licensed health care professional who knowingly andwillfully obtains discloses or uses medical information in violationofthis part for financial gain shall be liable on a first violation foran administrative fine or civil penalty not to exceed five thousanddollars ($5000) per violation or on a second violation for anadministrative fine or civil penalty not to exceed twenty-fivethousand dollars ($25000) per violation or on a third andsubsequent violation for an administrative fine or civil penalty notto exceed two hundred fifty thousand dollars ($250000) perviolation and shall also be subject to disgorgement of any proceedsor other consideration obtained as a result ofthe violation Nothingin this subdivision shall be construed to limit the liability of ahealth care service plan a contractor or a provider of health carethat is not a licensed health care professional for any violation ofthis part

(4) Nothing in this subdivision shall be construed as authorizingan administrative fine or civil penalty under both paragraphs (2)and (3) for the same violation

(5) Any person or entity who is not permitted to receive medicalinformation pursuant to this part and who knowingly and willfullyobtains discloses or uses medical information without writtenauthorization from the patient shall be liable for a civil penalty notto exceed two hundred fifty thousand dollars ($250000) perviolation

(d) In assessing the amount of an administrative fine or civilpenalty pursuant to subdivision (c) the Office of HealthInformation Integrity licensing agency or certifying board orcourt shall consider anyone or more of the relevant circumstances

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AB439 -4-

presented by any of the parties to the case including but not limitedto the following

(1) Whether the defendant has made a reasonable good faithattempt to comply with this part

(2) The nature and seriousness of the misconduct(3) The harm to the patient enrollee or subscriber(4) The number of violations(5) The persistence of the misconduct(6) The length of time over which the misconduct occurred(7) The willfulness of the defendants misconduct(8) The defendants assets liabilities and net worth(e) (1) In an action brought by an individual pursuant to

subdivision (b) on or after January 12012 the court shall awardany actual damages and reasonable attorneys fees and costs butmay not award nominal damages for a violation of this part if thedefendant establishes all of the following as an affirmative defense

(A) The defendant is a covered entity as defined in Section160103 of Title 45 of the Code of Federal Regulations

(B) The defendant has complied with any obligations to notifyall persons entitled to receive notice regarding the release of theinformation or records

(C) The release of confidential information or records was solelyto another covered entity

(D) The defendant took appropriate preventive actions to protectthe confidential information or records against release retentionor use by any person or entity other than the covered entity thatreceived the information or records including but not limited to

(i) Developing and implementing security policies andprocedures

(ii) Designating a security official who is responsible fordeveloping and implementing its security policies and proceduresincluding educating and training the workforce

(iii) Encrypting the information or records and protectingagainst the release or use of the encryption key and passwords ortransmitting the information or records in a manner designed toprovide similar protections against improper disclosures

(E) The defendant took appropriate corrective action after therelease of the confidential records or information and the coveredentity that received the information or records immediatelydestroyed or returned the information or records

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-5- AB439

(F) The covered entity that received the confidential informationor records did not retain use or release the information or records

(G) The defendant has not Ifeviettsl) vielateti this IMt ef inthe eettrls tiisefetieft tieslite the Ifief vielatieftbeenfound liablefor a violation of this part within the three years preceding thealleged violation or the court determines that application of theaffirmative defense is found to be compelling and consistent withthe purposes ofthis section to promote reasonable conduct in lightof all the facts

(2) In an action under this subdivision a plaintiff shall beentitled to recover reasonable attorneys fees and costs withoutregard to an award of actual or nominal damages

(3) A defendant shall not be liable for more than one judgmenton the merits for a violation of this subdivision

(f) (1) The civil penalty pursuant to subdivision (c) shall beassessed and recovered in a civil action brought in the name of thepeople of the State of California in any court of competentjurisdiction by any of the following

(A) The Attorney General(B) Any district attorney(C) Any county counsel authorized by agreement with the

district attorney in actions involving violation of a countyordinance

(D) Any city attorney of a city(E) Any city attorney of a city and county having a population

in excess of 750000 with the consent of the district attorney(F) A city prosecutor in any city having a full-time city

prosecutor or with the consent of the district attorney by a cityattorney in any city and county

(G) The Director of the Office of Health Information Integritymay recommend that any person described in subparagraphs (A)to (F) inclusive bring a civil action under this section

(2) If the action is brought by the Attorney General one-halfofthe penalty collected shall be paid to the treasurer of the countyin which the judgment was entered and one-half to the GeneralFund If the action is brought by a district attorney or countycounsel the penalty collected shall be paid to the treasurer of thecounty in which the judgment was entered Except as provided inparagraph (3) if the action is brought by a city attorney or cityprosecutor one-half of the penalty collected shall be paid to the

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AB439 -6-

1 treasurer of the city in which the judgment was entered and one-half2 to the treasurer of the county in which the judgment was entered3 (3) If the action is brought by a city attorney of a city and4 county the entire amount of the penalty collected shall be paid to5 the treasurer of the city and county in which the judgment was6 entered7 (4) Nothing in this section shall be construed as authorizing8 both an administrative fine and civil penalty for the same violation9 (5) Imposition of a fine or penalty provided for in this section

10 shall not preclude imposition of any other sanctions or remedies11 authorized by law12 (6) Administrative fines or penalties issued pursuant to Section13 128015 of the Health and Safety Code shall offset any other14 administrative fine or civil penalty imposed under this section for15 the same violation16 (g) For purposes of this section knowing and willful shall17 have the same meanings as in Section 7 of the Penal Code18 (h) No person who discloses protected medical information in19 accordance with the provisions of this part shall be subject to the20 penalty provisions of this part

o

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AB 518 Assembly Bill Status Page I of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPICHOUSE+LAST

AB No 518Wagner

Elder and dependentLOCATION SENAMENDED DATE

adult abuse mandated reporters

03232011

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATION

06062011In committee Hearing postponed by committee

SEN BANKING AND FINANCIAL INSTITUTIONS

TITLE An act to repeal Section 7480 of the Government Codeand to amend Section 156301 of and to amend and repealSections 15633 15634 15640 and 156555 of theWelfare and Institutions Code relating to elder anddependent adult abuse

httpwwwleginfocagovpubll-12Ibillasmab_ 0501-0550ab_518_bill_2011 0615_status 652012

-

AMENDED IN ASSEMBLY MARCH 23 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 518

Introduced by Assembly Member Wagner

February 152011

Aft aet to amend Seetion 156301 of the Welfare and InstittttionsCode relating to elder abtlse An act to repeal Section 7480 of theGovernment Code and to amend Section 156301 of and to amend andrepeal Sections 15633 15634 15640 and 156555 of the Welfare andInstitutions Code relating to elder and dependent adult abuse

LEGISLATIVE COUNSELS DIGEST

AB 518 as amended Wagner Elder and dependent adult abusemandated reporters

Existing law the Elder Abuse and Dependent Adult Civil ProtectionAct establishes procedures for the reporting investigation andprosecution of elder and dependent adult abuse including but notlimited to financial abuse as defined These procedures require personsdefined as mandated reporters to report known or suspected instancesof elder or dependent adult abuse A violation of the reportingrequirements by a mandated reporter is a misdemeanor Existing lawwhich will be repealed on January 12013 defines who is a mandatedreporter of suspected financial abuse of an elder or dependent adult Aviolation ofthe financial abuse reporting requirements is subject to civilpenalties

This bill would delete the January 1 2013 repeal date and makeconforming changes

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

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10

15

20

25

30

35

AB518 -2-

The people of the State of California do enact asfollows

1 SECTION 1 Section 7480 of the Government Code as2 amended by Section 2 of Chapter 234 of the Statutes of 2008 is3 repealed4 7480 Nothing in this ehapter prohibits an) of the following

(a) The dissemination of an) finaneial information that is not6 identified with or identifiable as being deri ved from the fiftMleial7 reeords of a partietllar etlstomer8 (b) When any poliee or sheriffs department or distriet attorney9 in this state eertines to a bank eredit tlftion or savin-gsassoeiation

in 4vritingthat a erime report has been filed that involves the11 alleged fratldttlent tlse of drafts eheeks or other orders drawfl12 tlJon MtY bank eredit tlftion or Sltv ings assoeiation in this state13 the poliee or sheriffs department or distriet attomey a eotlnty14 adttlt proteeti-ve sen iees oftiee 4vhen investigating the finaneial

abttse of an elder or dependent adttlt or a long term eare16 ombttdsman when investigating the finaneial abttse of an elder or17 dependent adttlt rna reqtlest a bank eredit tlftion or savings18 assoeiation to fttmish and a bank eredit tlftion or savings19 assoeiation shall fttmish a statement setting forth the folIowing

information with respeet to a etlstomer aeeotlnt speeified b) the21 reqttesting parry for a period 30 da s prior to and tlJ to 30 da) s22 following the date ofoeetnTenee of the alleged illegal aet invohin-g23 the aeeotlftt24 (1) The Itttftlber of items dishonored

(2) The nttmber of items paid that ereated Oierdrafts26 (3) The dollar volttme of the dishonored items and items paid27 whieh ereated overdrafts and a statement explaining an) eredit28 atTangementbetween the bank eredit tlftion or savin-gsassoeiation29 and etlstomer to pa) 0verdrafts

(4) The dates and amotlnts of deposits and debits and the aeeotlftt31 balanee on these dates32 (5) A eoJry of the signattlre eard inelttding the signattlre and33 an) addresses appearing on a etlstomers signattlre eard34 (6) The date the aeeottnt opened and ifapplieable the date the

aeeotlnt elosed36 (7) A bank eredit tlftion or saTvingsassoeiation that proiides37 the reqtlesting part) vvith eopies of one or more eomplete aeeottnt

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-11- AB518

the taxpa er (2) the (iireet deposit refund bullbullas not rettlmed to theFranehise Tax Board and (3) the remnd TnaSdeposited direetlyon a speeifled date into the aeeotlftt of an aeeotmtholder of theflnaneial instittttion bullbullho bullbullas not entitled to reeei v e the refttndthen the flnaneial instittttion shall fttntish to the Franehise TaxBoard the name and address ofan eoo w ner eosigtter or an otherperson bullbullho had aeeess to the mnds in the aeeotlttt follo bullbulling thedate ofdiIeet deposit refund or if the aeeotmt has been dosed thename and address of the person bullbullho dosed the aeeOtlftt

(s) This seetion shall beeome operati v e on Jaftttary 1 2013SECTION 1SEC 2 Section 156301 of the Welfare and Institutions Code

is amended to read156301 (a) As used in this section mandated reporter of

suspected financial abuse of an elder or dependent adult meansall officers and employees of financial institutions

(b) As used in this section the term financial institution meansany of the following

(l) A depository institution as defined in Section 3(c) of theFederal Deposit Insurance Act (12 USC Sec 1813(c))

(2) An institution-affiliated party as defined in Section 3(u) ofthe Federal Deposit Insurance Act (12 USC Sec 1813(u))

(3) A federal credit union or state credit union as defined inSection 101 ofthe Federal Credit Union Act (12 USC Sec 1752)including but not limited to an institution-affiliated party of acredit union as defined in Section 206(r) of the Federal CreditUnion Act (12 USc Sec 1786(r))

(c) As used in this section financial abuse has the samemeaning as in Section 1561030

(d) (l) Any mandated reporter of suspected financial abuse ofan elder or dependent adult who has direct contact with the elderor dependent adult or who reviews or approves the elder ordependent adults financial documents records or transactionsin connection with providing financial services with respect to anelder or dependent adult and who within the scope of his or heremployment or professional practice has observed or hasknowledge of an incident that is directly related to the transactionor matter that is within that scope of employment or professionalpractice that reasonably appears to be financial abuse or whoreasonably suspects that abuse based solely on the information

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AB518 -12-

before him or her at the time of reviewing or approving thedocument record or transaction in the case of mandated reporterswho do not have direct contact with the elder or dependent adultshall report the known or suspected instance of financial abuse bytelephone immediately or as soon as practicably possible and bywritten report sent within two working days to the local adultprotective services agency or the local law enforcement agency

(2) When two or more mandated reporters jointly haveknowledge or reasonably suspect that financial abuse of an elderor a dependent adult for which the report is mandated has occurredand when there is an agreement among them the telephone reportmay be made by a member of the reporting team who is selectedby mutual agreement A single report may be made and signed bythe selected member of the reporting team Any member of theteam who has knowledge that the member designated to report hasfailed to do so shall thereafter make that report

(3) If the mandated reporter knows that the elder or dependentadult resides in a long-term care facility as defined in Section1561047 the report shall be made to the local ombudsman or locallaw enforcement agency

(e) An allegation by the elder or dependent adult or any otherperson that financial abuse has occurred is not sufficient to triggerthe reporting requirement under this section if both of the followingconditions are met

(1) The mandated reporter of suspected financial abuse of anelder or dependent adult is aware of no other corroborating orindependent evidence of the alleged financial abuse of an elder ordependent adult The mandated reporter of suspected financialabuse of an elder or dependent adult is not required to investigateany accusations

(2) In the exercise of his or her professional judgment themandated reporter of suspected financial abuse of an elder ordependent adult reasonably believes that financial abuse of anelder or dependent adult did not occur

(f) Failure to report financial abuse under this section shall besubject to a civil penalty not exceeding one thousand dollars($1000) or if the failure to report is willful a civil penalty notexceeding five thousand dollars ($5000) which shall be paid bythe financial institution that is the employer of the mandated

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reporter to the party bringing the action Subdivision (h) of Section15630 shall not apply to violations of this section

(g) (1) The civil penalty provided for in subdivision (f) shallbe recovered only in a civil action brought against the financialinstitution by the Attorney General district attorney or countycounsel No action shall be brought under this section by anyperson other than the Attorney General district attorney or countycounsel Multiple actions for the civil penalty may not be broughtfor the same violation

(2) Nothing in the Financial Elder Abuse Reporting Act of2005shall be construed to limit expand or otherwise modify any civilliability or remedy that may exist under this or any other law

(h) As used in this section suspected financial abuse of anelder or dependent adult occurs when a person who is requiredto report under subdivision (a) observes or has knowledge ofbehavior or unusual circumstances or transactions or a pattern ofbehavior or unusual circumstances or transactions that would leadan individual with like training or experience based on the samefacts to form a reasonable belief that an elder or dependent adultis the victim of financial abuse as defined in Section 1561030

(i) Reports of suspected financial abuse of an elder or dependentadult made by an employee or officer of a financial institutionpursuant to this section are covered under subdivision (b) of Section47 of the Civil Code

SEC 3 Section 15633 of the Welfare and Institutions Codeas amended by Section 5 of Chapter 140 of the Statutes of 2005is amended to read

15633 (a) The reports made pursuant to Sections 15630156301 and 15631 shall be confidential and may be disclosedonly as provided in subdivision (b) Any violation of theconfidentiality required by this chapter is a misdemeanorpunishable by not more than six months in the county jail by afine of five hundred dollars ($500) or by both that fine andimprisonment

(b) Reports of suspected abuse of an elder or dependent adultand information contained therein may be disclosed only to thefollowing

(1) Persons or agencies to whom disclosure of information orthe identity of the reporting party is permitted under Section156335

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AB518 -14-

(2) (A) Persons who are trained and qualified to serve onmultidisciplinary personnel teams may disclose to one anotherinformation and records that are relevant to the preventionidentification or treatment of abuse of elderly or dependentpersons

(B) Except as provided in subparagraph (A) any personnel ofthe multidisciplinary team or agency that receives informationpursuant to this chapter shall be under the same obligations andsubject to the same confidentiality penalties as the persondisclosing or providing that information The information obtainedshall be maintained in a manner that ensures the maximumprotection of privacy and confidentiality rights

(c) This section shall not be construed to allow disclosure ofany reports or records relevant to the reports of abuse of an elderor dependent adult if the disclosure would be prohibited by anyother provisions of state or federal law applicable to the reports orrecords relevant to the reports of the abuse nor shall it be construedto prohibit the disclosure by a financial institution of any reportsor records relevant to the reports of abuse of an elder or dependentadult if the disclosure would be required of a financial institutionby otherwise applicable state or federal law or court order

(d) This seetion shall remain in dIcet on) tmtilJantmry I 2813and as of that date is repealed unless a later enaeted statute thatis enaeted before JMlt1ary12813 deletes or extends that date

SEC 4 Section 15633 of the Welfare and Institutions Codeas added by Section 6 of Chapter 140 of the Statutes of 2005 isrepealed

15633 (a) The leports made ptlrstlMlt to Seetions 15638 and15631 shall be eonndential and may be diselosed on) as pro videdin stlbdivision (b) AIl) violation of the eonfidetttialrt reqtliredbythis ehapter is a misdemeanor ptlnishable bynot more than sixmoftths in the eounry jail b)l a nne ofn Vehundred dollars ($588)or byboth that nne and imprisonment

(b) Reports of stlspeeted elder 01 dependent adttlt abttse andinfenmation eontained therein may be diselosed only to thefollo vving

(1) Persons or ageneies to vvhomdiselostlfe of information orthe identity of the reporting pMty is permitted tlnder Seetion156335

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(2) EA) Persems who Me trftined Md qtlftlified to sene onmtlltidiseiplinftfjf persoflftel teftll1smfty diselose to one Mlotherinfermtttion Md reeords thftt Me relevflnt to the preventionidentifiefttion or trefttment of ftbttse of elderly or dependentpersons

EB) Exeept ftSpro vided in SMpMftgrftph EA) Mly personnel ofthe ftltlltidiseiplinftry teftftl or ftgeney thftt reeeives informfttionptlrstlftnt to this ehflPtel shftH he tinder the sftme ohligfttions ftndsttbjeet to the sftme eonfidentiftlity penftlties ftS the pelsondisdosing or pro viding thftt infermfttion The informfttion ohtftinedshftH he mftintftined in ft ftlftflfter thftt enstlfes the ftlftXimttmproteetion ofprivftey ftnd eonfidentiftlity rights

Ee) This seetion shftH not he eonstftled to ftHo diselostlfe ofMy reports or reeords rde vMit to the reports of elder or dependentftdttlt ftbttse if the disdostlfe votlld he prohibited hy My other110visions of stftte or federftllft bullbull ftppliefthle to the reports or reeordsrele vftnt to the reports of the flbttse

Ed) This seetion shftH heeome operftti ve on Jftntlftry I 2013SEC 5 Section 15634 of the Welfare and Institutions Code

as amended by Section 7 of Chapter 140 of the Statutes of 2005is amended to read

15634 (a) No care custodian clergy member healthpractitioner mandated reporter of suspected financial abuse of anelder or dependent adult or employee of an adult protectiveservices agency or a local law enforcement agency who reports aknown or suspected instance of abuse of an elder or dependentadult shall be civilly or criminally liable for any report requiredor authorized by this article Any other person reporting a knownor suspected instance of abuse of an elder or dependent adult shallnot incur civil or criminal liability as a result of any reportauthorized by this article unless it can be proven that a false reportwas made and the person knew that the report was false No personrequired to make a report pursuant to this article or any persontaking photographs at his or her discretion shall incur any civil orcriminal liability for taking photographs of a suspected victim ofabuse of an elder or dependent adult or causing photographs to betaken of such a suspected victim or for disseminating thephotographs with the reports required by this article Howeverthis section shall not be construed to grant immunity from thisliability with respect to any other use of the photographs

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(b) No care custodian clergy member health practitionermandated reporter of suspected financial abuse of an elder ordependent adult or employee of an adult protective services agencyor a local law enforcement agency who pursuant to a request froman adult protective services agency or a local law enforcementagency investigating a report of known or suspected abuse of anelder or dependent adult provides the requesting agency withaccess to the victim of a known or suspected instance of abuse ofan elder or dependent adult shall incur civil or criminal liabilityas a result of providing that access

(c) The Legislature finds that even though it has providedimmunity from liability to persons required to report abuse of anelder or dependent adult immunity does not eliminate thepossibility that actions may be brought against those persons basedupon required reports of abuse In order to further limit the financialhardship that those persons may incur as a result of fulfilling theirlegal responsibilities it is necessary that they not be unfairlyburdened by legal fees incurred in defending those actionsTherefore a care custodian clergy member health practitioneror an employee of an adult protective services agency or a locallaw enforcement agency may present to the StMe B6Md 6pound C6ntr61California Victim Compensation and Government Claims Boarda claim for reasonable fttt6meys attorneys fees incurred in anyaction against that person on the basis of making a report requiredor authorized by this article if the court has dismissed the actionupon a demurrer or motion for summary judgment made by thatperson or if he or she prevails in the action The StMe B6ftrd 6fC6ntr61 California Victim Compensation and Government ClaimsBoard shall allow that claim if the requirements ofthis subdivisionare met and the claim shall be paid from an appropriation to bemade for that purpose Att6mey s Attorneys fees awarded pursuantto this section shall not exceed an hourly rate greater than the ratecharged by the Attorney General at the time the award is madeand shall not exceed an aggregate amount of fifty thousand dollars($50000) This subdivision shall not apply if a public entity hasprovided for the defense of the action pursuant to Section 995 ofthe Government Code

(d) This seeti6n shftll remftin in dfeet 6ttly tmtil J8fttlfll)1 2013ftnd ftS6pound thftt dMe is repeftled wIess ft IMer enfteted stMute thMis en8eted before Jftftt18ry12013 deletes 6r extends thM dMe

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SEC 6 Section 15634 of the Welfare and Institutions Codeas amended by Section 711 ojChapter 538 of the Statutes oj2006is repealed

15634 eft) No eMe etlstodimt ele~ member hea-lthpraetitioner or employee of an adttlt proteeti-ve serviees ageneyor a loeal larn enforeement ageney who reports a lrnown orsttspeeted instanee of elder or dependent adtllt abtlse shaHbe eiviHyor eriminalry liable for any report reqttired or attthorizedby thisartiele Any other peIson reporting a lrnOWfior stlspeeted instaneeof elder or dependeItt adttIt abtlse shall not inettr ei vil or eriminalliability as a restllt of any report attthorizedby this artiele ttnlessit ean be pro ven that a false report was made and the person knewthat the report vvasrelse gteJoperson reqtlired to make a reportptlrstlant to this artiele or any person taking photographs at his orher diseretion shall inettr any eivii or eriminalliability fer takingphotographs of a stlspeeted vietim of elder or dependent adtlltabtlse or eattsing photographs to be taken of the stlspeeted vietimor fOIdisseminating the photographs with the reports reqtlired bythis artiele However this seetion shall not be eonstmed to gIantimmttnity from this liability vvithrespeet to any other tlse of thephotographs

(b) No eMe etlstodian el~ member health praetitioner oremployee of an adtlIt proteetive seniees ageney or a loea-l lawenfereemeItt ageney who pttrsttant to a reqtlest from an adttltproteeti-ie seniees ageney or a loeal lavI enforeemeItt ageneyinvestigating a report of lrnOViftor stlspeeted elder or dependentadtllt abtlse proides the reqtlesting ageney with aeeess to thevietim of a lrnovvnor stlspeeted instanee of elder or dependeIttadttlt abtlse shall inettr eiviI or eriminal liability as a restlIt ofpro viding that aeeess

ee) The Legislatttre finds that even thOtlgh it has pIOvidedimmtlnity from liability to peIsons reqtlired to report elder ordependent mit abttse immtlIlity does not eliminate the possibilitythat aetions may be brotlght agamst those persons based tlJ0nreqtlired reports of abtlse In order to fttrther limit the finaneialhardship that those persons may inettr as a resttIt offttlfilling theirlegal responsibilities it is neeessary that they not be tlftreirlybttrdened by legal fees inetlffed in defending those aetionsTherefore a eMeetlstodian ele~ member health praetitioneror employee ofan adttlt proteetive seniees ageney or a loeallffi7t

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enfOieement agene)l ma) present to the CalifeJmia VietimCempensatien and Geemment Claims BeMd a elaim feJrreasenable atteme)s fees inetJifedin any aetien agffinstthat persenen the basis efmMcinga repert reqtlired er attth6rizedb)l this Mtieleif the eeM has dismissed the aetien t1pen a demtlffer el metienfur sttmillM)lj tldgment made b that persen el ifhe er she preailsin the aetien The Califumia Vietim Cempensatien andGeemment Claims Beard shall allew that ehtim if thereqtlirements ef this sttbdi isien Me met and the elaim shall bepaid fl6man fllprepriatien te be made fur that ptllpese Atteme) sfees aarded ptliStlMltto this seetien shall net exeeedan hetlilyrate greater than the late eharged b the Attemey General at thetime the aard is made and sh8llnet exeeedan aggregate amettllteffitty thetlsanBdellMs ($50000) This sttbdF isien shall net applyif a pttblie enti) has pmbullided fer the defense ef the aetien ptlistlantte Seetien 995 ef the Ge emment Cede

(6) This seetien shall beeeme eperatie en JMttlM)12013SEC 7 Section 15640 of the Welfare and Institutions Code

as amended by Section 9 of Chapter 140 of the Statutes of2005is amended to read

15640 (a) (1) An adult protective services agency shallimmediately or as soon as practically possible report by telephoneto the law enforcement agency having jurisdiction over the caseany known or suspected instance of criminal activity and to anypublic agency given responsibility for investigation in thatjurisdiction of cases of elder and dependent adult abuse everyknown or suspected instance of abuse pursuant to Section 15630or 156301 of an elder or dependent adult A county adult protectiveservices agency shall also send a written report thereof within twoworking days of receiving the information concerning the incidentto each agency to which it is required to make a telephone reportunder this subdivision Prior to making any cross-report ofallegations of financial abuse to law enforcement agencies anadult protective services agency shall first determine whether thereis reasonable suspicion of any criminal activity

(2) If an adult protective services agency receives a report ofabuse alleged to have occurred in a long-term care facility thatadult protective services agency shall immediately inform theperson making the report that he or she is required to make thereport to the long-term care ombudsman program or to a local law

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enforcement agency The adult protective services agency shallnot accept the report by telephone but shall forward any writtenreport received to the long-term care ombudsman

(b) If an adult protective services agency or local lawenforcement agency or ombudsman program receiving a report ofknown or suspected elder or dependent adult abuse determinespursuant to its investigation that the abuse is being committed bya health practitioner licensed under Division 2 (commencing withSection 500) of the Business and Professions Code or any relatedinitiative act or by a person purporting to be a licensee the adultprotective services agency or local law enforcement agency orombudsman program shall immediately or as soon as practicallypossible report this information to the appropriate licensingagency The licensing agency shall investigate the report in lightof the potential for physical harm The transmittal of informationto the appropriate licensing agency shall not relieve the adultprotective services agency or local law enforcement agency orombudsman program of the responsibility to continue its owninvestigation as required under applicable provisions of law Theinformation reported pursuant to this paragraph shall remainconfidential and shall not be disclosed

(c) A local law enforcement agency shall immediately or assoon as practically possible report by telephone to the long-termcare ombudsman program when the abuse is alleged to haveoccurred in a long-term care facility or to the county adultprotective services agency when it is alleged to have occurredanywhere else and to the agency given responsibility for theinvestigation of cases of elder and dependent adult abuse everyknown or suspected instance of abuse of an elder or dependentadult A local law enforcement agency shall also send a writtenreport thereof within two working days of receiving the informationconcerning the incident to any agency to which it is required tomake a telephone report under this subdivision

(d) A long-term care ombudsman coordinator may report theinstance of abuse to the county adult protective services agencyor to the local law enforcement agency for assistance in theinvestigation of the abuse if the victim gives his or her consent Along-term care ombudsman program and the Licensing andCertification Division ofthe State Department ofIIealth SeI ieesPublic Health shall immediately report by telephone and in writing

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AB518 -20-

1 within two working days to the bureau any instance of neglect2 occurring in a health care facility that has seriously harmed any3 patient or reasonably appears to present a serious threat to the4 health or physical well-being of a patient in that facility If a victim5 or potential victim of the neglect withholds consent to being6 identified in that report the report shall contain circumstantial7 information about the neglect but shall not identify that victim or8 potential victim and the bureau and the reporting agency shall9 maintain the confidentiality of the report until the report becomes

lOa matter of public record11 (e) When a county adult protective services agency a long-term12 care ombudsman program or a local law enforcement agency13 receives a report of abuse neglect or abandonment of an elder or14 dependent adult alleged to have occurred in a long-term care15 facility that county adult protective services agency long-term16 care ombudsman coordinator or local law enforcement agency17 shall report the incident to the licensing agency by telephone as18 soon as possible19 (f) County adult protective services agencies long-term care20 ombudsman programs and local law enforcement agencies shall21 report the results of their investigations of referrals or reports of22 abuse to the respective referring or reporting agencies23 Eg) This seeti6n shall remain in dIcet 6ny tlfttilJ~ 1201324 and as 6f that date is repealed unless a later enaeted stMttte that25 is enaeted bef6re Janttary 12013 deletes 6r extends that date26 SEC 8 Section 15640 of the Welfare and Institutions Code27 as added by Section 10 of Chapter 140 of the Statutes of 2005 is28 repealed 29 15640 Ea) E1) An adult pr6teeti e sen iees ageney shall30 immediate) 6r as S66nas praetieal) p6ssible rep6rt 0 te1eph6ne31 t6 the la~ enf6reement ageney haing jttrisdieti6n 6er the ease32 an kntMfl6r suspeeted instanee 6f eriminal aeth it) and t6 any33 pttblie agene gien resp6nsibilit) f6r illestigMi6n in that34 jurisdieti6n 6f eases 6f elder and dependent adttlt abuse eery35 kfl6n6r suspeeted instanee 6f aetlse purstlant t6 Seeti6n 1563036 6f an elder 6r dependent adttlt A e6t11ltyadttlt pr6teeti e sen iees37 ageney shall als6 send a TV ritten rep6rt there6f Vv ithin ti 6 V 6rking38 days 6f reeeiving the inwrmati6n e6neeming the ineident t6 eaeh39 ageney t6 vv hieh it is reqtlired t6 make a teleph6ne Iep6rt tlftder40 this subdiisi6n Pri6r t6 making an er6SSIep6rt 6f allegati6ns

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-21- AB518

offilumeial abttse to lavvenforeemertt a-geneiesMladult proteetFesen iees agene) shaH first determine whether there is reasonablesuspieion of tmJ eriminM aeti vit

(2) If an adult proteeti ve sen iees agene) reeei ves a report ofabttse alleged to ha ve oeettlTed in a long teml eare faeilit) thatadttlt proteeti ve sen iees ageney shall immediate) infoml theperson making the report that he or she is required to make thereport to the long term eare ombttdsman program 01 to aloeallawenforeemertt a-geneyThe adttlt proteeti ve sen iees agene) shallnot aeeept the report b) telephone btlt shall fonvMd flit) vvTittenreport leeehed to the long teml eare ornbtldsman

(b) If an adtllt proteetive seniees ageney or loeal lawenforeement agene) or ornbtldsman program reeei vinga report ofkftovm or stlspeeted elder or dependent adttlt MtlSe determinespttrstlartt to its inYestigationthat the flbttseis being eommitted bya health 11aetitioner lieensed tlftder Division 2 (eonJffieneingwithSeetion 500) of the Btlsiness flftdProfessions Code or flit) lelatedinitiatiye aet or by a person ptlrporting to be a lieensee the adtlltproteetive seniees a-gene) or loeallaw enforeement agene) orombttdsman program shall immediate) or as soon as praetieall)possible report this mformation to the appropriate lieensingagene) The lieensing agene) shall investigate the report in lightof the poterttial fur ph) sieal hamlThe trMlsmittfllof informationto the appropriate lieensing agene) shall not relieve the adtlltproteethe serviees agene) or loeallaw enforeement agene) orornbtldsmflft program of the responsibility to eorttinue its 0~vninvestigation as reqttired tlftder applieable provisions of law Theinformation reported pttrstlant to this paragraph shall remaineoniiderttial flItdshfl11not be diselosed

(e) A loealla bullbull enforeement agefte) shall immediate) or assoon as praetieal) possible report b) telephone to the long termeare ombtldsman program bullbullhen the abtlse is alleged to haveoeetllTed in a long term eare faeilit) or to the eotlnt) adttltproteetive seniees agene) bullbullhen it is alleged to have oeeUlfedan) vvhere else flftd to the agene) gh en responsibilit) for theinvestigation of eases of elder and dependent adttlt abtlse everykftovm or stlspeeted instflftee of MtlSe of an elder or dependerttadttlt A loeallaw enforeement ageney shall also send a Ylfittenreport thereof bullbullithin ftv0 vvorking dfl)s ofreeei ving the infomlation

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eoneeming the ineident to an agenC) to vvhieh it is reqtlired toftutke a telephone report tlIlderthis stlbdh ision

Ed) A long tenn eare ombttdsman eoordinator mll) report theinstlllleeof abtlse to the eot1llryadttlt proteetive seniees ageneyor to the loeal la bullbull enforeement agenC) for assistlllleein theinvestigationof the abttse if the vietim gives his or her eonsent Along tenn eMe ombtldsmllllprogram llIldthe Lieensing llIldCertifieation Division of the State DepMtment ofIIealth Senieesshall immediately report b telephone llIldin vvriting vvithin hiv0tv orkingdll) s to the bm eatl an instlllleeof negleet oeet1ffingin ahealth eare faeiliry that has seriotlsl hMmed an patient orreasonably appeMs to present a seriotls threat to the health orph sieal vvell being of a patient in that ffteiliry If a J ietim orpotential TV ietim of the neglect vithholds eonsent to being identifiedin that report the report shall eontain eirettmstlllltialinformationabom the negleet bm shall not identif) that vietim or potentialvietim and the bttreatl llIldthe reporting agenC) shall maintain theeoniidentialiry of the report tlntil the report beeomes a matter ofptlblie reeord

Ee) hen a eotlllryadttlt proteeti ve sen iees agenC) a long termeare ombtldsman program or a loeal la enforeement ageneyreeeives a report ofabttse negleet or ablllldonmentofllllelder ordependent adttlt alleged to have oeet1ffedin a long term earefaeiliry that eotlnty adtllt proteeti ve sen iees agenC) long termeare ombtldsmlllleoordinator or loeallavv enforeement ageneyshall report the ineident to the lieensing agene b telephone assoon as possible

ED COtl1lt)adtllt proteetive seniees ageneies long term eareombttdsman programs and 10ea1lavvenforeement ageneies shallreport the restllts of their investigations of referrals or reports ofabtlse to the respeetive referring or reporting ageneies

Eg) This seetion shall beeome operative on JllIlt1flry12013SEC 9 Section 156555 of the Welfare and Institutions Code

as amended by Section 11 of Chapter 140 of the Statutes of 2005is amended to read

156555 A county adult protective services agency shallprovide the organizations listed in paragraphs (v) (w) and (x) ofSection 1561017 and mandated reporters of suspected financialabuse of an elder or dependent adult pursuant to Section 156301with instructional materials regarding abuse and neglect of an elder

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1 or dependent adult and their obligation to report under this chapter2 At a minimum the instructional materials shall include the3 following4 (a) An explanation of abuse and neglect of an elder or dependent

adult as defined in this chapter6 (b) Information on how to recognize potential abuse and neglect7 of an elder or dependent adult8 (c) Information on how the county adult protective services9 agency investigates reports of known or suspected abuse and

neglect11 (d) Instructions on how to report known or suspected incidents12 of abuse and neglect including the appropriate telephone numbers13 to call and what types of information would assist the county adult14 protective services agency with its investigation of the report

(e) This seetion shall remain in eifcet only tlfttil Jflfttlttry 1 201316 and as of that date is repealed tmless a later enaeted stattlte that17 is enaeted before Jafttlttry 12013 deletes or extends that date18 SEC 10 Section 156555 of the Welfareand Institutions Code19 as amended by Section 712 of Chapter 538 of the Statutes of2006

is repealed21 156555 A eottftt) achtlt proteetive serviees agene) shall22 pmvide the organi2ations listed in paragraphs (v) (vv) and Ex) of23 Seetion 1561017 with instItletional materials regarding elder and24 dependent achtlt abtlse and negleet and their obligation to report

under this ehapter At a minimum the instruetional materials shall26 inelude the follovving27 (a) An explanation of elder and dependent achtlt abuse and28 negleet as defined in this ehapter29 (b) Information on how to reeogni2e potential elder and

dependent achtlt abuse and negleet31 (e) Information on ho vIthe eottftt) achtlt proteeti ve serv iees32 agene) investigates reports of knovm or suspeeted abuse and33 negleet34 (d) Instmetions on hovv to report ]movvn or suspeeted ineidents

of abuse and negleet ineltlding the appropriate telephone llt11llbers36 to eall and what rypes of information vvould assist the eount) adult37 proteetirv e sen iees agene) with its in (estigation of the report38 (e) This seetion shall beeome operati e on January I 20 13

o

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AB 608 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 608Pan

Health care coverage telemedicine

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to health care

httpwww1eginfocagovpubII-12Ibillasmab_0601-0650ab _608_ bill_ 20120201_status 652012

-

AB 783 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 783AUTHOR(S) HayashiTOPIC Professional corporations licensed physical therapists

and occupational therapists+LAST AMENDED DATE 04072011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

COMMCOMMCOMM

HIST ACT DATEHIST ACTION

From committeeRule 62(a)

LOCATION SENACTION DATEACTION

06282011In committee Set second hearing Failed passagewithout further action pursuant to Joint

LASTLAST

BUSINESS PROFESSIONS AND ECONOMIC DEVELOPMENT06272011

Set second hearing Failed passage in Committee

TITLE An act to amend Section 2406 of the Business andProfessions Code and to amend Section 134015 of theCorporations Code relating to professional corporations

httpwwwleginfocagovpub11-12billasmab_0751-0800ab_783_bill_20111115_status 652012

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AMENDED IN ASSEMBLY APRIL 7 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 783

Introduced by Assembly Member Hayashi

February 172011

An act to amend Section 2406 of the Business and Professions Codeand to amend Section 134015 of the Corporations Code relating toprofcssiemal eorporations and deelaring the mgeney thereof to tttkeeffeet immediatelyprofessional corporations

LEGISLATIVE COUNSELS DIGEST

AB 783 as amended Hayashi Professional corporations licensedphysical therapists and occupational therapists

Existing law regulating professional corporations provides that certainhealing arts practitioners may be shareholders officers directors orprofessional employees of a medical corporation-er-a podiatric medicalcorporation or a chiropractic corporation subject to certain limitations

This bill would add licensed physical therapists and licensedoccupational therapists to the list of healing arts practitioners who maybe shareholders officers directors or professional employees of thosecorporations The bill would also make conforming changes to a relatedprovision

This bill vv otlld deelare that it is to take etteet immediately as anmgeney statttte

Vote -majority Appropriation no Fiscal committee noState-mandated local program no

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Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 2406 of the Business and Professions2 Code is amended to read3 2406 A medical corporation or podiatry corporation is a4 corporation that is authorized to render professional services as

defined in Sections 13401 and 134015 ofthe Corporations Code6 so long as that corporation and its shareholders officers directors7 and employees rendering professional services who are physicians8 and surgeons psychologists registered nurses optometrists9 podiatrists chiropractors acupuncturists naturopathic doctors

physical therapists or in the case of a medical corporation only11 physician assistants marriage and family therapists or clinical12 social workers are in compliance with the Moscone-Knox13 Professional Corporation Act the provisions of this article and all14 other statutes and regulations now or hereafter enacted or adopted

pertaining to the corporation and the conduct of its affairs16 With respect to a medical corporation or podiatry corporation17 the governmental agency referred to in the Moscone-Knox18 Professional Corporation Act is the board19 SEC 2 Section 134015 of the Corporations Code is amended

to read21 134015 Notwithstanding subdivision (d) of Section 1340122 and any other provision of law the following licensed persons23 may be shareholders officers directors or professional employees24 of the professional corporations designated in this section so long

as the sum of all shares owned by those licensed persons does not26 exceed 49 percent ofthe total number of shares of the professional27 corporation so designated herein and so long as the number of28 those licensed persons owning shares in the professional29 corporation so designated herein does not exceed the number of

persons licensed by the governmental agency regulating the31 designated professional corporation32 (a) Medical corporation33 (1) Licensed doctors of podiatric medicine34 (2) Licensed psychologists

(3) Registered nurses36 (4) Licensed optometrists37 (5) Licensed marriage and family therapists38 (6) Licensed clinical social workers

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-3-

(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists(10) Naturopathic doctors(11) Licensed physical therapists(12)Licensed occupational therapists(b) Podiatric medical corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed optometrists(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(8) Licensed physical therapists(9) Licensed occupational therapists(c) Psychological corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Registered nurses(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed chiropractors(8) Licensed acupuncturists(9) Naturopathic doctors(d) Speech-language pathology corporation(1) Licensed audiologists(e) Audiology corporation(1) Licensed speech-language pathologists(t) Nursing corporation(l) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists

AB783

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AB783 -4-

(10) Naturopathic doctors(g) Marriage and family therapy corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed clinical social workers(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(h) Licensed clinical social worker corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed marriage and family therapists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(i) Physician assistants corporation(1) Licensed physicians and surgeons(2) Registered nurses(3) Licensed acupuncturists(4) Naturopathic doctorsG) Optometric corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(k) Chiropractic corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed acupuncturists(9) Naturopathic doctors

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-5- AB783

(10) Licensed physical therapists(11) Licensed occupational therapists(l) Acupuncture corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed physician assistants(9) Licensed chiropractors(10) Naturopathic doctors(m) Naturopathic doctor corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed physician assistants(5) Licensed chiropractors(6) Licensed acupuncturists(7) Licensed physical therapists(8) Licensed doctors of podiatric medicine(9) Licensed marriage family and child counselors(10) Licensed clinical social workers(11) Licensed optometrists(n) Dental corporation(1) Licensed physicians and surgeons(2) Dental assistants(3) Registered dental assistants(4) Registered dental assistants in extended functions(5) Registered dental hygienists(6) Registered dental hygienists in extended functions(7) Registered dental hygienists in alternative practiceSEC 3 This aet is Ml ttrgene statttte neeessary for the

immediatepresenation of the ptlblie peaee hettlihor saferyvvithinthe meMling of Miele IV of the Constittttion Mld shaHgo intoimmediate effeet The fftets eonstitttting the neeessiry Me

In order to 8t1thorizelieensed physieal therapists to beshareholders offieers mreetors or professional employees of

98

AD7S3 -6-

1 memeal eorpofatiofts andpodiatrie medieal eorpofatiofts as soOft2 as possible it is fteeessary that this aet tftke dIeet immediately

o

98

AB 800 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 800Huber

Boards and commissions time reporting

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to add Section 1156410 to the Government Coderelating to boards and commissions

httpwwwleginfocagovpubI11-12billasmlab_0751-0800ab _800_ bill_20120201_status 652012

-

AB 958 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 958Bill Berryhill

Regulatory boards limitations periods

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to Art IV Sec 10(e) of theFrom committee Filed with the Chiefto Joint Rule 56BUSINESS PROFESSIONS AND CONSUMER PROTECTION

TITLE An act to add Section 1105 to and to repeal Sections16702 22305 296005 3137 375051 498205499032 5561 5661 76865 988420 and 98898 of theBusiness and Professions Code relating to regulatoryboards

httpwwwleginfocagovpub11-12lbillasmlab_0951-1 OOOab_958 _bill_ 20120202_ status 652012

AB 1003 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 1003Smyth

Professional and vocational licenses

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to professional and vocational licenses

httpwwwleginfocagovpubll-12Ibillasmlab_l00l-l 050ab_1003 _bill_2012020 I_statu 652012

-

AB 1205 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1205AUTHOR(S) Bill BerryhillTOPIC Licensed behavior analysts+LAST AMENDED DATE 04042011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to amend Section 499018 of and to add Chapter52 (commencing with Section 252971) to Division 2 ofthe Business and Professions Code relating to healingarts

httpwwwleginfocagovpub11-12billasmab _120 1-1250ab_1205 _bill_20 120201_statu 652012

AB 1435 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1435AUTHOR(S) Dickinson (Coauthors Alejo Buchanan and Hill) TOPIC Child abuse reporting athletic personnelHOUSE LOCATION SEN+LAST AMENDED DATE OS252012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredState-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS for

LASTLAST

APPROPRIATIONSOS252012

Do pass as amendedAyes 17 Noes OOPASS

TITLE An act to amend Section 111657 of the Penal Coderelating to child abuse reporting

httpwww1eginfocagovpub11-12lbiIVasmab_140 1-1450ab _1435 _bill~0120601_statu 652012

AMENDED IN ASSEMBLY MAY 25 2012

AMENDED IN ASSEMBLY MARCH 21 2012

AMENDED IN ASSEMBLY MARCH 142012

AMENDED IN ASSEMBLY FEBRUARY 29 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1435

Introduced by Assembly Member Dickinson(Coauthors Assembly Members Alejo Buchanan and Hill)

January 4 2012

An act to amend Section 111657 of the Penal Code relating to childabuse reporting

LEGISLATIVE COUNSELS DIGEST

AB 1435 as amended Dickinson Child abuse reporting athleticpersonnel

Existing law the Child Abuse and Neglect Reporting Act requiresa mandated reporter as defined to report whenever he or she in his orher professional capacity or within the scope of his or her employmenthas knowledge of or observed a child whom the mandated reporterknows or reasonably suspects has been the victim of child abuse orneglect Failure to report an incident is a crime punishable byimprisonment in a county jail for a period of up to 6 months a fine ofup to $1000 or by both that imprisonment and fine

This bill would add athletic coaches athletic administrators andathletic directors employed by a public or private organization to thelist of individuals who are mandated reporters The bill otlld reqtlirean ptlblie or pri v ate orgflftizationernplo ing flftathletieeoaen Mhletie

95

~

AB 1435 -2-

ftdministrator or Mhletie direetor to hftve provided initiftl trftining byJflfttlM) I 2014 on speeified mfttters relMing to ehiM a-bttse ftftdnegleetfor those employees On ftftd ftfter lftnuftry 12014 the bill vvottld reeJtlireinitiftl trftining to be pro vided IV ithin 6 months of the dMe ftn indi vidttftlbeeomes employed in thM eftlfteiry The bill vvouM require theseindividuftls to eomplete eontifttling tminmg every 2 yeMs

By imposing the reporting requirements on a new class of personsfor whom failure to report specified conduct is a crime ftftdby imposingne~ trftining reeJtlirements on publie oIgftfiiZMions ineluding loeftlgOvernment entities this bill would impose a state-mandated localprogram

The Cftlifomift Constittltion reqtlires the stMe to reimbtlfse loeftlftgeneies ftnd sehool distriets for eertftin eosts mftftdMed by the stftteStftttltory pItYvisions esffiblish proeedtlfes for mftkffigthftt reimbtlfsement

This bill hould pro vide thM 4vith regMd to eertftin mftftdfttes noIeimbtlfsement is reeJtlired by this ftet for ft speeified reftson

Vith regftM to ftny other mftndMeS this bill vv0tlM pro vide thM if theCommission on StMe ~bndtltes determines thM the bill eontftins eostsso mftndftted by the stftte reimbttIsement for those eosts shftll be mftdeptlfStlftnt to the stftttltory pro visions noted ttbo ve

The California Constitution requires the state to reimburse localagencies and school districts for certain costs mandated by the stateStatutory provisions establish procedures for making thatreimbursement

This bill would provide that no reimbursement is required by this actfor a specified reason

Vote majority Appropriation no Fiscal committee yesState-mandated local program yes

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 111657 of the Penal Code is amended2 to read3 111657 (a) As used in this article mandated reporter is4 defined as any of the following5 (1) A teacher6 (2) An instructional aide7 (3) A teachers aide or teachers assistant employed by any8 public or private schooL9 (4) A classified employee of any public schooL

95

T

5

10

15

20

25

30

35

40

-3- AB 1435

1 (5) An administrative officer or supervisor of child welfare and2 attendance or a certificated pupil personnel employee of any public3 or private school4 (6) An administrator of a public or private day camp

(7) An administrator or employee of a public or private youth6 center youth recreation program or youth organization7 (8) An administrator or employee of a public or private8 organization whose duties require direct contact and supervision9 of children

(9) Any employee of a county office of education or the State11 Department of Education whose duties bring the employee into12 contact with children on a regular basis13 (10) A licensee an administrator or an employee of a licensed14 community care or child day care facility

(11) A Head Start program teacher16 (12) A licensing worker or licensing evaluator employed by a17 licensing agency as defined in Section 111651118 (13) A public assistance worker19 (14) An employee of a child care institution including but not

limited to foster parents group home personnel and personnel of21 residential care facilities22 (15) A social worker probation officer or parole officer23 (16) An employee of a school district police or security24 department

(17) Any person who is an administrator or presenter of or a26 counselor in a child abuse prevention program in any public or27 private school28 (18) A district attorney investigator inspector or local child29 support agency caseworker unless the investigator inspector or

caseworker is working with an attorney appointed pursuant to31 Section 317 of the Welfare and Institutions Code to represent a32 mmor33 (19) A peace officer as defined in Chapter 45 (commencing34 with Section 830) of Title 3 of Part 2 who is not otherwise

described in this section36 (20) A firefighter except for volunteer firefighters37 (21) A physician and surgeon psychiatrist psychologist dentist38 resident intern podiatrist chiropractor licensed nurse dental39 hygienist optometrist marriage and family therapist clinical social

worker professional clinical counselor or any other person who

95

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101112131415161718192021222324252627282930313233343536373839

AB 1435 -4-

is currently licensed under Division 2 (commencing with Section500) of the Business and Professions Code

(22) Any emergency medical technician I or II paramedic orother person certified pursuant to Division 25 (commencing withSection 1797) of the Health and Safety Code

(23) A psychological assistant registered pursuant to Section2913 of the Business and Professions Code

(24) A marriage and family therapist trainee as defined insubdivision (c) of Section 498003 of the Business and ProfessionsCode

(25) An unlicensed marriage and family therapist internregistered under Section 498044 of the Business and ProfessionsCode

(26) A state or county public health employee who treats a minorfor venereal disease or any other condition

(27) A coroner(28) A medical examiner or any other person who performs

autopsies(29) A commercial film and photographic print processor as

specified in subdivision (e) of Section 11166 As used in thisarticle commercial film and photographic print processor meansany person who develops exposed photographic film into negativesslides or prints or who makes prints from negatives or slides forcompensation The term includes any employee of such a personit does not include a person who develops film or makes prints fora public agency

(30) A child visitation monitor As used in this article childvisitation monitor means any person who for financialcompensation acts as monitor of a visit between a child and anyother person when the monitoring of that visit has been orderedby a court of law

(31) An animal control officer or humane society officer Forthe purposes ofthis article the following terms have the followingmeanings

(A) Animal control officer means any person employed by acity county or city and county for the purpose of enforcing animalcontrol laws or regulations

(B) Humane society officer means any person appointed oremployed by a public or private entity as a humane officer who is

95

123456789

10111213141516171819202122232425262728293031323334353637383940

-5- AB 1435

qualified pursuant to Section 14502 or 14503 of the CorporationsCode

(32) A clergy member as specified in subdivision (d) of Section11166 As used in this article clergy member means a priestminister rabbi religious practitioner or similar functionary of achurch temple or recognized denomination or organization

(33) Any custodian of records of a clergy member as specifiedin this section and subdivision (d) of Section 11166

(34) Any employee of any police department county sheriffsdepartment county probation department or county welfaredepartment

(35) An employee or volunteer of a Court Appointed SpecialAdvocate program as defined in Rule 1424 ofthe California Rulesof Court

(36) A custodial officer as defined in Section 8315(37) Any person providing services to a minor child under

Section 12300 or 123001 of the Welfare and Institutions Code(38) An alcohol and drug counselor As used in this article an

alcohol and drug counselor is a person providing counselingtherapy or other clinical services for a state licensed or certifieddrug alcohol or drug and alcohol treatment program Howeveralcohol or drug abuse or both alcohol and drug abuse is not inand of itself a sufficient basis for reporting child abuse or neglect

(39) A clinical counselor trainee as defined in subdivision (g)of Section 499912 of the Business and Professions Code

(40) A clinical counselor intern registered under Section 499942of the Business and Professions Code

(41) An athletic coach athletic administrator or athletic directoremployed by a public or private organization including but notlimited to schools and instittttions of higher e6ueation thatprovidekindergarten or any of grades 1 to 12 inclusive

(b) Except as provided in paragraph (35) of subdivision (a)volunteers of public or private organizations whose duties requiredirect contact with and supervision of children are not mandatedreporters but are encouraged to obtain training in the identificationand reporting of child abuse and neglect and are further encouragedto report known or suspected instances of child abuse or neglectto an agency specified in Section 111659

(c) Employers are strongly encouraged to provide theiremployees who are mandated reporters with training in the duties

95

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101112131415161718192021222324252627282930313233343536373839

AB 1435 -6-

imposed by this article This training shall include training in childabuse and neglect identification and training in child abuse andneglect reporting Whether or not employers provide theiremployees with training in child abuse and neglect identificationand reporting the employers shall provide their employees whoare mandated reporters with the statement required pursuant tosubdivision (a) of Section 111665

(d) School districts that do not train their employees specifiedin subdivision (a) in the duties of mandated reporters under thechild abuse reporting laws shall report to the State Department ofEducation the reasons why this training is not provided

(e) Unless otherwise specifically provided the absence oftraining shall not excuse a mandated reporter from the dutiesimposed by this article

(f) Public and private organizations are encouraged to providetheir volunteers whose duties require direct contact with andsupervision of children with training in the identification andreporting of child abuse and neglect

(g) (1) On 6r befure Jttmtary 1 2014 ttll) pttblie 6r privflie6rganizttti6ftemp16ing ttft Mhletie e6tteh Mhletie ttdmimstrltt6r6r Mhletie direet6r ttSspeeified ift pMttgrttph (41) 6f sttbdivisi6ft(tt) shttll pr6 vide iftitittl trttining f6r th6se empl~ ees 6n thefull6vvingmtttters

(A) The identifiettti6n 6f ehild ttbttse ttnd negleet(D) Aeti vities thttt e6ftstitttte inltppr6prittte ttftd illegttl e6ntttet

betiveen tt 6tlth ltftd ltft ttthietie e6tteh Mhletie ttdmiftistrttt6r 6rttthietie direet6r

(6) The resp6nsibilities 6f tt pers6n identified lIStt mttndfliedrep6rter in this seeti6n ineIttding btl ft6t limited t6 ttll 6f thefull6 vving

(i) T6 ~h6m tt rep6rt is reqtlired t6 be mttde(ii) The inf6rmttti6n thttt is reqttired t6 be ifte1ttdedin tt rep6rt(iii) The time vvithiftvvhieha mandated rep6rter is reqttired t6

file tt rep6rt(2) Initittl training shall be pr6vided b perS6ftSkn6vvledgeltble

ift the identifiettti6n 6fehild aettse ttnd negleet inltppf6prittte ltftdillegal e6ntaet bem eena 6ttth and ltftadttIt ltftdstatttt6ry rep6rtingreqttiremeftts ltftdshttll e6nsist 6ftw6 h6ttrs 6felassr66m 6r 6therinteraetive trainiftg ltftdedttettti6n

95

-7- AB 1435

1 (h) Commeneing on fmd aftel Jfmtlftry12014 fmofgfmization2 speeified in sttbdivision (g) shaHpro ide initial training within six3 months of the date that fm individtutl beeomes empleryed as an4 Mhletie eoaeh athletie administrator or athletie direetor ttnless5 the indi idttal reeei ed training Hithin tw0 years prior to the date6 the indi idtlal is empleryed An Mhletie eoaeh athletie7 administrator or athletie direetor Hho has leeeied initial training8 ptlfStlafttto sttbdiision (g) shall eomplete eontifttling training9 thereafter onee eery two years eonsisting of one hottf of

10 elassroom or other interaeti e training fmd edtteation11 SEC 2 No reimbtlrsement is reqtlired by this aet pttfStlafttto12 Seetion 6 ofArtiele )GIlD of the California Constitution for eertain13 eosts that may be inetllTed by a loeal ageney or sehool distriet14 beeatlse ift that regard this aet ereates a nev erime or infraetion15 eliminates a erime or infraetion or ehfmges the penalty fOfa erime16 or inflaetion Hithin the meaning of Seetion 17556 of the17 Goemment Code or ehanges the definition ofa elime Hithin the18 meaning of Seetion 6 of Aniele XIII D of the Califomia19 Constitution20 IIo~eer if the Commission on State Mfmdates determines that21 this aet eontainsother eosts mfmdated by the state reimbttfsement22 to loeal ageneies fmd sehool distliets for those eosts shall be made23 ptlfStlafttto Part 7 (eommeneing Hith Seetion 17500) of Division24 4 of Title 2 of the Goemment Code25 SEC 2 No reimbursement is required by this act pursuant to26 Section 6 of Article XIII B of the California Constitution because27 the only costs that may be incurred by a local agency or school28 district will be incurred because this act creates a new crime or29 infraction eliminates a crime or infraction or changes thepenalty30 for a crime or infraction within the meaning of Section 17556 of31 the Government Code or changes the definition of a crime within32 the meaning of Section 6 of Article XIII B of the California33 Constitution

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AB 1904 Assembly Bill Status

MEASURE AUTHOR(S)TOPIC

HOUSE

CURRENT BILL STATUS

AB No 1904Block Butler and

Professions and vocationslicenses

LOCATION

Cookmilitary spouses temporary

TYPE OF BILL

SEN

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyAppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpub11-12billasmab _1901-1950ab _1904_ bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes Noes OOPASS17

An act to add Section 1155 to the Business andProfessions Code relating to professions and vocationsand making an appropriation therefor

-

AB 1588 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1588AUTHOR(S) Atkins (Principal coauthors Cook and Nielsen)

(Coauthors Block Beth Gaines Pan V Manuel PerezWilliams and Yamada)

TOPIC Professions and vocations reservist licensees fees andcontinuing education

HOUSE LOCATION SEN+LAST AMENDED DATE 03052012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS forLAST

LAST

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

TITLE An act to add Section 1143 to the Business andProfessions Code relating to professions and vocations

htlpllwwwleginfocagovpubll-12Ibillasmlab _1551-1600ab _1588 _bill_20120601_statu 652012

middot

AMENDED IN ASSEMBLY MARCH 5 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1588

Introduced by Assembly Member Atkins(Principal coauthors Assembly Members Cook and Nielsen)

(Coauthors Assembly Members Block Beth Gaines PanV Manuel Perez Williams and Yamada)

February 6 2012

An act to add Section 1143 to the Business and Professions Coderelating to professions and vocations

LEGISLATIVE COUNSELS DIGEST

AB 1588 as amended Atkins Professions and vocations reservistlicensees fees and continuing education

Existing law provides for the regulation of various professions andvocations by boards commissions or bureaus within the Departmentof Consumer Affairs and for the licensure or registration of individualsin that regard Existing law authorizes any licensee whose licenseexpired while he or she was on active duty as a member of the CaliforniaNational Guard or the United States Armed Forces to reinstate his orher license without examination or penalty if certain requirements aremet

This bill would require the boards commissions or bureaus describedabove to waive the renewal fees and continuing education requirementsif either is applicable of any licensee or registrant who is a reservistcalled to active duty as a member of the United States Military Reserveor the California National Guard if certain requirements are met

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

98

AB 1588 -2-

Thepeople of the State of Califomi a do enact asfollows

1 SECTION 1 Section 1143 is added to the Business and2 Professions Code to read3 1143 Notwithstanding any other provision oflaw everyboard4 commission or bureau within the department shall waive the5 renewal fees and continuing education requirements if either is6 applicable for any licensee or registrant who is a reservist called7 to active duty as a member of the United States Military Reserve8 or the California National Guard if all of the following9 requirements are met

10 (a) The licensee or registrant was in good standing with the11 board commission or bureau at the time the reservist was called12 to active duty13 (b) The renewal fees or continuing education requirements are14 waived only for the period during which the reservist is on active15 duty service16 (c) The active duty reservist or the active duty reservists spouse17 or registered domestic partner provides written notice satisfactory18 to the board commission or bureau that substantiates the19 reservists active duty service

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AB 1896 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1896AUTHOR(S) ChesbroTOPIC Tribal health programs health care practitionersHOUSE LOCATION SEN+LAST AMENDED DATE 03272012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATIONCOMM ACTION DATECOMM ACTIONCOMM VOTE SUMMARY

ASM

05172012Referred to Com on B P amp EDBUSINESS PROFESSIONS AND CONSUMER PROTECTION04102012

Do passAyes 09 Noes OOPASS

TITLE An act to amend the heading of Article 10 (commencingwith Section 710) of Chapter 1 of Division 2 of and toadd Section 719 to the Business and Professions Coderelating to healing arts

httpwwwleginfocagovpubI11-12lbillasmab_1851-1900ab_1896_bill_20120517 _statu 652012

-

AMENDED IN ASSEMBLY MARCH 27 2012

CALIFORNIA LEGISLATURE-20II-12 REGULAR SESSION

ASSEMBLY BILL No 1896

Introduced by Assembly Member Chesbro

February 222012

An act to amend the heading of Article 10 (commencing with Section710) of Chapter 1 of Division 2 of and to add Section 719 to theBusiness and Professions Code relating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1896 as amended Chesbro Tribal health programs health carepractitioners

Under existing federal law licensed health professionals employedby a tribal health program are required to be exempt if licensed in anystate from the licensing requirements of the state in which the tribalhealth program performs specified services A tribal health program isdefined as an Indian tribe or tribal organization that operates any healthprogram service function activity or facility funded in whole or partby the Indian Health Service

Existing law provides for the licensure and regulation of health carepractitioners by various healing arts boards within the Department ofConsumer Affairs

This bill would codify that federal requirement by specifying that aperson who is licensed as a health care practitioner in any other stateand is employed by a tribal health program is exempt from any statelicensing requirement with respect to acts authorized under thepersonslicense where the tribal health program performs specified services

Vote majority Appropriation no Fiscal committee noState-mandated local program no

98

AD 1896 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 The heading of Article 10 (commencing with2 Section 710) of Chapter 1 of Division 2 of the Business and3 Professions Code is amended to read456789

101112131415161718192021

Article 10 Federal Personnel and Tribal Health Programs

SEC 2 Section 719 is added to the Business and ProfessionsCode to read

719 (a) A person who is licensed as a health care practitionerin any other state and is employed by a tribal health program asdefined in Section 1603 of Title 25 of the United States Code shallbe exempt from any licensing requirement described in this divisionwith respect to acts authorized under the persons license wherethe tribal health program performs the services described in thecontract or compact of the tribal health program under the IndianSelf-Determination and Education Assistance Act (25 USC Sec450 et seq)

(b) For purposes of this section health care practitioner meansany person who engages in acts that are the subject of licensureor regulation under this division or Ml) initiative 8et referred to inthis division the law of any other state

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CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1904

Introduced by Assembly Members Block Butler and Cook

February 222012

An act to add Section 1155 to the Business and Professions Coderelating to professions and vocations and making an appropriationtherefor

LEGISLATIVE COUNSELS DIGEST

AB 1904 as introduced Block Professions and vocations militaryspouses temporary licenses

Existing law provides for the licensure and regulation of variousprofessions and vocations by boards within the Department of ConsumerAffairs Existing law provides for the issuance of reciprocal licenses incertain fields where the applicant among other requirements has alicense to practice within that field in another jurisdiction as specifiedUnder existing law licensing fees imposed by certain boards withinthe department are deposited in funds that are continuously appropriated

This bill would authorize a board within the department to issue atemporary license to an applicant who among other requirements holdsan equivalent license in another jurisdiction as specified and is marriedto or in a legal union with an active duty member of the Armed Forcesofthe United States who is assigned to a duty station in California underofficial active duty military orders The bill would require a board toexpedite the process for issuing these temporary licenses The bill wouldrequire the applicant to pay any fees required by the board and wouldrequire that those fees be deposited in the fund used by the board toadminister its licensing program To the extent that the bill would

99

AB 1904 -2-

increase the amount of money deposited into a continuously appropriatedfund the bill would make an appropriation

Vote majority Appropriation yes Fiscal committee yesState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 1155 is added to the Business and2 Professions Code to read3 1155 (a) A board within the department may issue a4 temporary license to an applicant who meets all of the following5 requirements6 (l) Submits an application in the manner prescribed by the7 board8 (2) Supplies evidence satisfactory to the board that the applicant9 is married to or in a domestic partnership or other legal union

10 with an active duty member of the Armed Forces of the United11 States who is assigned to a duty station in this state under official12 active duty military orders13 (3) Holds a current license in another state district or territory14 of the United States with the requirements that the board determines15 are substantially equivalent to those established under this code16 for that occupation17 (4) Has not committed an act in anyjurisdiction that would have18 constituted grounds for denial suspension or revocation of the19 license under this code at the time the act was committed20 (5) Has not been disciplined by a licensing entity in another21 jurisdiction and is not the subject of an unresolved complaint22 review procedure or disciplinary proceeding conducted by a23 licensing entity in another jurisdiction24 (6) Pays any fees required by the board Those fees shall be25 deposited in the applicable fund or account used by the board to26 administer its licensing program27 (7) Submits fingerprints and any applicable fingerprinting fee28 in the manner required of an applicant for a regular license29 (b) A board shall expedite the procedure for issuing a temporary30 license pursuant to this section31 (c) A temporary license issued under this section shall be valid32 for 180 days except that the license may at the discretion of the

99

-3- AB 1904

I board be extended for an additional180-day period on application2 of the license holder3 (d) A board may adopt regulations necessary to administer this4 section

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AB 1932 Assembly Bill Status

MEASURE AUTHOR(S)TOPICHOUSE+LAST

CURRENT BILL STATUS

AB No 1932Gorell (Coauthor Cook)

United States armed services healing arts boardsLOCATION SENAMENDED DATE 04172012

TYPE OF BILL

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

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httpwwwleginfocagovpubI11-12Ibillasmab_1901-1950ab_1932_bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

An act to add Section 7102 to the Business andProfessions Code relating to healing arts

-

AMENDED IN ASSEMBLY APRIL 172012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1932

Introduced by Assembly Member-Ceek Gorell(Coauthor Assembly Member Cook)

February 222012

An act to add Section 7102 to the Business and Professions Coderelating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1932 as amended euroook Gorell United States armed serviceshealing arts boards

Existing law provides for the licensure and regulation of varioushealing arts professions and vocations by boards within the Departmentof Consumer Affairs Existing law requires the rules and regulations ofthese healing arts boards to provide for methods of evaluating educationtraining and experience obtained in military service if such training isapplicable to the requirements of the particular profession or vocationregulated by the board Under existing law the Department of VeteransAffairs has specified powers and duties relating to various programsserving veterans

This bill would require by January 12014 and annually thereafterevery healing arts board to issue a specified written report to theDepartment of Veterans Affairs and the Legislature as specified thatclearly details the methods of evaluating the education training andexperience obtained in military service and whether that educationtraining and experience is applicable to the boards requirements forlicensure The bill would declare the intent of the Legislature in thisregard

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Vote majority Appropriation no Fiscal committee yesState-mandated local program no

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 710 of the Business and Professions Code2 was enacted in 1969 and because healing arts boards have not3 demonstrated significant compliance with that section it is the4 intent of the Legislature to establish an annual reporting5 requirement to compel these boards to provide information about6 the methods of evaluating education training and experience7 obtained in military service in order to meet the needs of the8 upcoming wave of armed service members returning to civilian9 life

10 SEC 2 Section 7102 is added to the Business and Professions11 Code to read12 7102 (a) By January 12014 and annually thereafter every13 healing arts board described in this division shall issue a written14 report to the Department of Veterans Affairs and to the Legislature15 that clearly details the methods of evaluating the education16 training and experience obtained in military service and whether17 that education training and experience is applicable to the boards18 requirements for licensure This written report shall include but19 not be limited to quantitative information about the number of20 service members who have applied for and have used their military21 education training and experience to fulfill the boards22 requirements for licensure23 (b) (1) The requirement to submit a report to the Legislature24 under subdivision (a) shall be inoperative on January 1 201825 pursuant to Section 102315 of the Government Code26 (2) A report to the Legislature shall be submitted in compliance27 with Section 9795 of the Government Code

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-3- AB 171

has received treatment for 811mttism sleetmm disorder pervasivedevelopmental disorder or autism

(c) Coverage required to be provided under this section shallextend to all medically necessary services and shall not be subjectto any limits regarding age number of visits or dollar amountsCoverage required to be provided under this section shall not besubject to provisions relating to lifetime maximums deductiblescopayments or coinsurance or other terms and conditions that areless favorable to an enrollee than lifetime maximums deductiblescopayments or coinsurance or other terms and conditions thatapply to physical illness generally under the plan contract

(d) Coverage required to be provided under this section is ahealth care service and a covered health care benefit for purposesof this chapter Coverage shall not be denied on the basis of thelocation of delivery of the treatment or on the basis that thetreatment is habilitative nonrestorative educational academic orcustodial in nature

(e) A health care service plan may request no more than onceannually a review of treatment provided to an enrollee for mttismsleetmm disorders pervasive developmental disorder or autismThe cost of obtaining the review shall be borne by the plan Thissubdivision does not apply to inpatient services

(f) A health care service plan shall establish and maintain anadequate network of qualified mttism service providers withappropriate training and experience in 8tttism sleetmm disorderspervasive developmental disorder or autism to ensure that enrolleeshave a choice of providers and have timely access continuity ofcare and ready referral to all services required to be provided bythis section consistent with Sections 1367 and 136703 and theregulations adopted pursuant thereto

(g) (l) This section shall not be construed as reducing anyobligation to provide services to an enrollee under an individualizedfamily service plan an individualized program plan a preventionprogram plan an individualized education program or anindividualized service plan

(2) This section shall not be construed as limiting or excludingbenefits that are otherwise available to an enrollee under a healthcare service-plan-plan including but not limited to benefits thatare required to be covered pursuant to Sections 137472 and137473

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AD 171 -4-

(3) This section shall not be construed to mean that the servicesrequired to be covered pursuant to this section are not requiredto be covered under other provisions of this chapterffl(4) This section shall not be construed as affecting litigation

that is pending on January 12012(h) On and after Jalttlllry 1 2014 to the extent that this seetion

reqttires health henefits to he pt0 vided that ellteeedthe essenti8lhealth henefits reqtlired to he pro vided tmder Seetion 1302(h) ofthe federal Patient Proteetion and Affordable CMe Aet (Ptth1ieLaw 111 148) as amended h the federal He8lth Cate andEdtteation Reeoneiliation Aet of 2010 (Ptlhlie La~v 111 152) hyqtl8lifiedhe8lth plans offering those henefits in the CalifomiaHealth Benefit ElltehangeptlfStl8lltto Title 22 (eommeneing vvithSeetion 100500) of the Government Code the speeifie henefitsthat ellteeedthe federaU reqtlired essential health henefits are notreqttired to he pro vided hen offered h a health eat e sen iee planeontIaet thrOtlgh the ElltehangeHowe-fer those speeifie henefitsMereqtlired to he pro vided if offered h a health eMe sen iee planeontraet otltside of the Elltehange

(h) Notwithstanding subdivision (a) on and after January 12014 this section does not require any benefits to beprovided thatexceed the essential health benefits that all health plans will berequired byfederal regulations to provide under Section 1302(b)of the federal Patient Protection and Affordable Care Act (PublicLaw 111-148) as amended by the federal Health Care andEducation Reconciliation Act of2010 (Public Law 111-152)

(i) As used in this section the following tenus shall have thefollowing meanings

(1) Atltism speetunn disorder means a nettrohiologiealeondition that inelttdes 8ttistiedisorder Aspergers disorder Rettsdisorder ehildhood disintegtative disorder and penasivedeielopment8l disorder not othenv ise speeified

(2) Behavioral health treatment me8fiSprofessional senieesand treatment progt ams ineltlding heh8gtioml inten ention thetapy81plied heh8iioral analysis and other intensive hehavioralprograms that have demonstrated eftieae to develop maintainor restore to the m8lltimttmellttentpraetieable the ftmetioning orqtla1iryof life of an individttal and that have been demonstrated

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to trettt the eore symptoms ttssoeittted Wvith tttttism speetrumdisorder

(3) Behtt iorttl intervefttion therttpy meMS the designimplementMion Md ettltltttion of enironmentttl modifietttionstlsing behtt iorM stimttli Md eonseqtlenees to prodttee soeittllysignifiettftt impro vement in behtt iors inelttding the tlse of direetobsen tttion mettstlfement ttnd fttnetionM ttnMyses of thereltttionship beh een engtironment Md behtt iorf41(1) Diagnosis of tttttism speetrum disoIders pervasive

developmental disorder or autism means medically necessaryassessment evaluations or tests to diagnose whether an individualhas one of the tttttism speetmm disoIders pervasive developmentaldisorder or autism

(5) E idenee bttsed resettreh mettns resettreh thttt ttppliesrigorotls sy stemtttie md obj eeti bulle proeedtlres to obtttin bullttlidknovvledge rek4ttnt to tttttism speetmm disorders

(2) Pervasive developmental disorder or autism shall havethe same meaning and interpretation as used in Section 137472

(3) Pharmacy care means medications prescribed by a licensedphysician and surgeon or other appropriately licensed or certifiedprovider and any health-related services deemed medicallynecessary to determine the need or effectiveness of the medications

e1(4) Psychiatric care means direct or consultative psychiatric

services provided by a psychiatrist or ttftY other ttppropritttelylieensed or eertified proider licensed in the state in which he orshe practices

t81(5) Psychological care means direct or consultative

psychological services provided by a psychologist or ttny otherftPpropritttely lieensed or eertified pro ider licensed in the state inwhich he or she practices

(9) Qtlttlified tttttism sen iee pro dder shttll inelttde Myntttionttlly or stttte lieensed or eertified person entity or grottp thtttdesigns sttpervises or pro) ides tretttment of tttttism speetntmdisorders Md the ttnlieensed persoflftel sttpervised by the lieensedor eertified person entity or gIOtlp proided the seniees ttreWvithinthe expeIienee md seope of prttetiee of the lieensed or

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AD 171 -6-

eertified person entity or grottp Qualified atltism senieeprolider shall also inelttde llft)serviee prot idef that is venaorizedby a regional eenter to pro vide those same seniees for fltltismspeetrttm disorders under DF~ision45 (eommeneing with Seetion4500) of the WeUftre and Instittttions Code or Title 14(eommeneing with Seetion 95000) of the GOvernment Code tmdthe ttnlieensed personnel sttpen ised b that pro vider or a StateDepMtment of Edtleation nonpttblie nonseetMitm agenq asdefined in Seetion 56035 of the Edtteation Code llpproved topro vide those same sen iees for fltltismspeetl tlm disorders and thettnlieensed personnel supen ised b that agene A qttalifiedfltltismseniee prOvider shall enstlfe eriminal baekgrotmdsereening tmdfingerprinting and adeqttate training and stlpenision of allpersonnel tltilizedto implement serviees Any nationallieense oreertifieation reeognizedby this seetion shaH be aeeredited by theNational Commission for Certiryi~ Agencies ~mCA)

fW1(6) Therapeutic care means services provided by a licensed

or certified speech therllpists therapist an occupational therllpiststherapist or a physical therllpists or tmy other llppropriatelylieensed or eertified pro vider therapist

fH1(7) Treatment for fltltism speetrttm disorders pervasive

developmental disorder or autism means all of the followingcare including necessary equipment that develops maintains orrestores to the maximum extent practicable the functioning orquality of life of an individual with pervasive developmentaldisorder or autism and is prescribed or ordered for an individualdiagnosed with one of the fltltism speetrttm disorders pervasivedevelopmental disorder or autism by a licensed physician andsurgeon or a licensed psychologist or an other llppropriatelylieensed or eertified pro vider who determines the care to bemedically necessary

(A) Behavioral health treatlnent(B1(A) Pharmacy care if the plan contract includes coverage for

prescription drugseuro1(B) Psychiatric care(B1

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(C) Psychological care$1(D) Therapeutic care(F) Aft) eMe flt)rindi vidttals vvith tttttism sleetmm dis6rders

that is dem6nstrated based tlf6n best Ilaetiees 6r evidenee basedreseMeh t6 be medieaH) neeessary

(8) Treatmentfor pervasive developmental disorder or autismdoes not include behavioral health treatment as defined in Section137473

(j) This section with the exception of subdivision (b) shall notapply to dental-only or vision-only health care service plancontracts

SEC 2 Section 10144511014453 is added to the InsuranceCode to read

10144511014453 (a) Everyhealthinsurancepolicyissuedamended

or renewed on or after January 1 2012 2013 that provideshospital medical or surgical coverage shall provide coverage forthe screening diagnosis and treatment of atltism sleetmmdis6rders pervasive developmental disorder or autism

(b) A health insurer shall not terminate coverage or refuse todeliver execute issue amend adjust or renew coverage to aninsured solely because the individual is diagnosed with or hasreceived treatment for Mt Mttism sleetmm dis6rder pervasivedevelopmental disorder or autism

(c) Coverage required to be provided under this section shallextend to all medically necessary services and shall not be subjectto any limits regarding age number of visits or dollar amountsCoverage required to be provided under this section shall not besubject to provisions relating to lifetime maximums deductiblescopayments or coinsurance or other terms and conditions that areless favorable to an insured than lifetime maximums deductiblescopayments or coinsurance or other terms and conditions thatapply to physical illness generally under the policy

(d) Coverage required to be provided under this section is ahealth care service and a covered health care benefit for purposesof this part Coverage shall not be denied on the basis of thelocation of delivery of the treatment or on the basis that thetreatment is habilitative nonrestorative educational academic orcustodial in nature

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AB 171 -8-

(e) A health insurer may request no more than once annuallya review of treatment provided to an insured for tttttism speetfllftidisorders pervasive developmental disorder or autism The costof obtaining the review shall be borne by the insurer Thissubdivision does not apply to inpatient services

(f) A health insurer shall establish and maintain an adequatenetwork of qualified tttttism service providers with appropriatetraining and experience in atttism speetmm disorders pervasivedevelopmental disorder or autism to ensure that insureds have achoice of providers and have timely access continuity of careand ready referral to all services required to be provided by thissection consistent with Sections 101335 and 1013355 and theregulations adopted pursuant thereto

(g) (1) This section shall not be construed as reducing anyobligation to provide services to an insured under an individualizedfamily service plan an individualized program plan a preventionprogram plan an individualized education program or anindividualized service plan

(2) This section shall not be construed as limiting or excludingbenefits that are otherwise available to an enrollee under a healthinsurance policy including but not limited to benefits that arerequired to be covered under Sections 101445 and 1014451

(3) This section shall not be construed to mean that the servicesrequired to be covered pursuant to this section are not requiredto be covered under other provisions of this chapter

f31(4) This section shall not be construed as affecting litigation

that is pending on January 12012(h) On ttnd after JMltlttry12014 to the extent that this seetion

reqtlires health benefits to be 110 vided that exeeed the essentittlhettlth benefits Ieqtlired to be provided tmder Seetion 1302(b) ofthe federal Patient Proteetion and Apoundfordable CMe Aet (PtlblieLal9 III 148) as amended b the federal Health CMe ttndEdtteation Reeoneiliation Aet of 2010 (Pttblie La bullbull III 152) byqualified hettlth plttns otIering those benefits in the CaliforniaHealth Benefit Exehttnge ptlfStltlntto Title 22 (eommeneing bullbullithSeetion 100500) of the GOvemment Code the speeifie benefitsthat exeeed the federally reqtlired essential health benefits Me notreqt1ired to be pro vided 17 hen otIered b a health instlIttneepolieytftrotlgh the Exehttnge However those speeifle benefits Me

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-9- AB 171

reqtlired to be pIovided if otIered b~ a health iftsttIfmee polieyotltside of the Exehflftge

(h) Notwithstanding subdivision (a) on and after January 12014 this section does not require any benefits to beprovided thatexceed the essential health benefits that all health plans will berequired byfederal regulations to provide under Section 1302(b)of thefederal Patient Protection and Affordable Care Act (PublicLaw 111-148) as amended by the federal Health Care andEducation Reconciliation Act of 2010 (Public Law 111-152)

(i) As used in this section the following terms shall have thefollowing meanings

(1) Atttism speetIttm disorder meflftS a ftettrobiologieaeoftditioft thM ifteltldes atttistie disorder AspergeIs disorder Rertsdisorder ehildhood disiffiegrMi ve disorder flftd per- asivede velopmemal disorder ftot otheIvise speeified

(2) Dehav iora health treatmem meflftS professioftal servieesand treatmem pf6grMlls ineluding beha vioral intergtentioft therapyapplied beha vioral flft~ sis flftd other imeftsi ve beha vioraprograms thM ha ve demonstrated effie~ to de velop maiffifliftor restore to the maximttm extem pIaetieable the fttftetioftiftg orquality of life of aft individttal and thM have beeft demoftstrMedto treat the eore s~mptoms assoeiMed fv ith atttism speetrumdisorder

(3) Dehavioral imer-efttioft thera~ meaftS the desigftimplememMioft flftd eJalttMioft of eftviromnemal modifieMioftsusiftg behavioral stimuli flftd eoftseqtleftees to produee soeiallysigftifieam improvement ift behflviOfs ifteludiftg the use of direetobser- Mioft meastlI emem flftd fuftetional flftaryses of therelMioftship betveen en viromneftt flftd beha viorf41(1) Diagnosis of atltism speetrtlm disoIders pervasive

developmental disorder or autism means medically necessaryassessment evaluations or tests to diagnose whether an individualhas ofte of the atltism speetrtim disorders pervasive developmentaldisorder or autism

(5) Evidenee based researeh meaftS research that appliesrigorotls s~stemMie and obj eetive proeedttres to obtaift validkftowledge re1eam to atttism speetrtlm disorders

(2) Pervasive developmental disorder or autism shall havethe same meaning and interpretation as used in Section 137472

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AB 171 -10-

t61(3) Pharmacy care means medications prescribed by a licensed

physician and surgeon or other appropriately licensed or certifiedprovider and any health-related services deemed medicallynecessary to determine the need or effectiveness of the medications

ffl(4) Psychiatric care means direct or consultative psychiatric

services provided by a psychiatrist or ftny other ftlpropritttelylieensed or eertified pro vider licensed in the state in which he orshe practices

t81(5) Psychological care means direct or consultative

psychological services provided by a psychologist or fm)i otherflPproprifttely lieensed or eertified provider licensed in the state inwhich he or she practices

(9) Quftlified fttltism serviee provider shftll inelude ftftyntttionftlry or stttte lieensed or eertified person entity or gIOtlp thtttdesigns sttpeIv ises or pro vides trefttment of fttttism speetI mndisorders ftndthe tlftlieensed pel sonnel Stlpen ised b the lieensedor eertified person entity or grotlp pro vided the sen iees Mefv ithin the experienee ftnd seope of prftetiee of the lieensed oreertified person entity or grotlp Qtlftlified fttltism senieepm vider shftllmso include ftft serviee pro vider thttt is vendorizedb ftregionM eenter to pro vide those sftme sen iees fur fttltismspeetrttm disorders tlftder DiVisioft 45 (eommeneiftg with Seetion4588) of the WeIfMe ftftd Instittttions Code or Title 14(eommefteiftg vvith Seetion 95888) of the GOvernment Code ftftdthe tlftlieensed personnel stlpen ised b thftt pro vider 01 ftStttteDepMtment of Edtlefttion nonpttblie ftonseetftriftft ftgene ftSdefifted in Seetioft 56835 of the Edtletttion Code flPProved 16pro vide those SMIlesen iees fuI fttltism speetrttm disorders and thetlftlieensed personnel supen ised b thttt ftgene A qttft1ifiedfttltismsen ice pro vider shftll ensttre eriminm bftekgrotlftd sereening ftftdfingerprintiftg ftftd ftdequttte trftining ftftd Stlpen isioft of allpersonnel tttilized to implement sen iees An ntttionftllieense oreertifietttion reeogftized b this seetion shftllbe fteeredited by theNtttioftm Commission fur Certifyiftg Agencies (NCCA)

fWt(6) Therapeutic care means services provided by a licensed

or certified speech therftlists therapist an occupational therftpists

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therapist or a physical therapists ~r an) ~ther appropriatelylieensed ~r eertihed pr~ bullbullider therapist

tH1(7) Treatment for atrtism speetmm dis~rders pervasive

developmental disorder or autism means all of the followingcare including necessary equipment that develops maintains orrestores to the maximum extent practicable the functioning orquality of life of an individual with pervasive developmentaldisorder or autism and is prescribed or ordered for an individualdiagnosed with ~ne ~f the atttism speetmm dis~Iders pervasivedevelopmental disorder or autism by a licensed physician andsurgeon or a licensed psychologist ~r an) ~ther appIopIiMelyHeensed ~r eertihed pr~vider who determines the care to bemedically necessary

(A) Behlh i~r8lhealth treatmenttB1(A) Pharmacy care if the policy includes coverage for

prescription drugsfeuro7(B) Psychiatric caretB1(C) Psychological care(E1(D) Therapeutic care(F) Any eare fur indi viduals Vol ith autism speetrum dis~rders

thM is dem~nstrMed based up~n best praetiees ~r evidenee basedreseareh t~ be mediealry neeessary

(8) Treatmentfor pervasive developmental disorder or autismdoes not include behavioral health treatment as defined in Section1014451

U) This section with the exception of subdivision (b) shall notapply to dental-only or vision-only health insurance policies

SEC 3 No reimbursement is required by this act pursuant toSection 6 of Article XIII B of the California Constitution becausethe only costs that may be incurred by a local agency or schooldistrict will be incurred because this act creates a new crime orinfraction eliminates a crime or infraction or changes the penaltyfor a crime or infraction within the meaning of Section 17556 ofthe Government Code or changes the definition of a crime within

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AB 374 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASUREAUTHOR (S)TOPICHOUSE+LAST

AB NoHayashi

AthleticLOCATIONAMENDED DATE

374

SENOS272011

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

the request ofCOMM LOCATION

06162011In committee

authorSEN BUSINESS

Set first hearing Hearing canceled at

PROFESSIONS AND ECONOMIC DEVELOPMENT

TITLE An act to add Chapter 27 (commencing with Section18898) to Division 8 of the Business and ProfessionsCode relating to athletic trainers

httpwwwleginfocagovpub11-12billasmab_0351-0400ab_374_bill_20 652012

AB 386 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 386AUTHOR(S) GalgianiTOPIC Prisons telehealth systems+LAST AMENDED DATE 05112011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to add Section 50233 to the Penal Code relatingto prisoners

httpwww1eginfocagovpubI11-12lbillasmab_ 0351-0400ab _386_ bill_20120201_status 652012

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AB 439 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPICHOUSE+LAST

AB No 439Skinner

Health care informationLOCATION SENAMENDED DATE 06282011

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 07052011LAST HIST ACTION In committee Set first hearing Held without

recommendationCOMM LOCATION SEN JUDICIARY

TITLE An act to amend Section 5636 of the Civil Coderelating to health care information

httpwwwleginfocagovpub11-12billasmab_0401-0450ab _439 _bill_20120509 _status 652012

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AMENDED IN SENATE JUNE 28 2011

AMENDED IN ASSEMBLY MAY 182011

AMENDED IN ASSEMBLY APRIL 7 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 439

Introduced by Assembly Member Skinner

February 142011

An act to amend Section 5636 of the Civil Code relating to healthcare information

LEGISLATIVE COUNSELS DIGEST

AB 439 as amended Skinner Health care informationExisting law the Confidentiality of Medical Information Act (CMIA)

prohibits a health care provider a contractor or a health care serviceplan from disclosing medical information as defined regarding a patientof the provider or an enrollee or subscriber of the health care serviceplan without first obtaining an authorization except as specified Inaddition to other remedies available existing law authorizes anindividual to bring an action against any person or entity who hasnegligently released his or her confidential records in violation ofthoseprovisions for nominal damages of$lOOO

This bill would specify that in an action brought on or after January1 2012 a court may not award nominal damages if the defendantestablishes specified factors as an affirmative defense including butnot limited to that it is a covered entity as defined and has compliedwith any obligations to notify persons entitled to receive notice regardingthe release of the information The bill would also make a technicalnonsubstantive change

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AB439 -2-

Vote majority Appropriation no Fiscal committee noState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 5636 of the Civil Code is amended to2 read3 5636 (a) Any violation of the provisions of this part that4 results in economic loss or personal injury to a patient is punishable5 as a misdemeanor6 (b) In addition to any other remedies available at law any7 individual may bring an action against any person or entity who8 has negligently released confidential information or records9 concerning him or her in violation of this part for either or both

10 of the following11 (1) Except as provided in subdivision (e) nominal damages of12 one thousand dollars ($1000) In order to recover under this13 paragraph it shall not be necessary that the plaintiff suffered or14 was threatened with actual damages15 (2) The amount of actual damages if any sustained by the16 patient17 (c) (l) In addition any person or entity that negligently18 discloses medical information in violation of the provisions of this19 part shall also be liable irrespective of the amount of damages20 suffered by the patient as a result of that violation for an21 administrative fine or civil penalty not to exceed two thousand22 five hundred dollars ($2500) per violation23 (2) (A) Any person or entity other than a licensed health care24 professional who knowingly and willfully obtains discloses or25 uses medical information in violation of this part shall be liable26 for an administrative fine or civil penalty not to exceed twenty-five27 thousand dollars ($25000) per violation28 (B) Any licensed health care professional who knowingly and29 willfully obtains discloses or uses medical information in violation30 of this part shall be liable on a first violation for an administrative31 fine or civil penalty not to exceed two thousand five hundred32 dollars ($2500) per violation or on a second violation for an33 administrative fine or civil penalty not to exceed ten thousand34 dollars ($10000) per violation or on a third and subsequent35 violation for an administrative fine or civil penalty not to exceed

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twenty-five thousand dollars ($25000) per violation Nothing inthis subdivision shall be construed to limit the liability of a healthcare service plan a contractor or a provider of health care that isnot a licensed health care professional for any violation of thispart

(3) (A) Any person or entity other than a licensed health careprofessional who knowingly or willfully obtains or uses medicalinformation in violation of this part for the purpose of financialgain shall be liable for an administrative fine or civil penalty notto exceed two hundred fifty thousand dollars ($250000) perviolation and shall also be subject to disgorgement of any proceedsor other consideration obtained as a result of the violation

(B) Any licensed health care professional who knowingly andwillfully obtains discloses or uses medical information in violationofthis part for financial gain shall be liable on a first violation foran administrative fine or civil penalty not to exceed five thousanddollars ($5000) per violation or on a second violation for anadministrative fine or civil penalty not to exceed twenty-fivethousand dollars ($25000) per violation or on a third andsubsequent violation for an administrative fine or civil penalty notto exceed two hundred fifty thousand dollars ($250000) perviolation and shall also be subject to disgorgement of any proceedsor other consideration obtained as a result ofthe violation Nothingin this subdivision shall be construed to limit the liability of ahealth care service plan a contractor or a provider of health carethat is not a licensed health care professional for any violation ofthis part

(4) Nothing in this subdivision shall be construed as authorizingan administrative fine or civil penalty under both paragraphs (2)and (3) for the same violation

(5) Any person or entity who is not permitted to receive medicalinformation pursuant to this part and who knowingly and willfullyobtains discloses or uses medical information without writtenauthorization from the patient shall be liable for a civil penalty notto exceed two hundred fifty thousand dollars ($250000) perviolation

(d) In assessing the amount of an administrative fine or civilpenalty pursuant to subdivision (c) the Office of HealthInformation Integrity licensing agency or certifying board orcourt shall consider anyone or more of the relevant circumstances

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AB439 -4-

presented by any of the parties to the case including but not limitedto the following

(1) Whether the defendant has made a reasonable good faithattempt to comply with this part

(2) The nature and seriousness of the misconduct(3) The harm to the patient enrollee or subscriber(4) The number of violations(5) The persistence of the misconduct(6) The length of time over which the misconduct occurred(7) The willfulness of the defendants misconduct(8) The defendants assets liabilities and net worth(e) (1) In an action brought by an individual pursuant to

subdivision (b) on or after January 12012 the court shall awardany actual damages and reasonable attorneys fees and costs butmay not award nominal damages for a violation of this part if thedefendant establishes all of the following as an affirmative defense

(A) The defendant is a covered entity as defined in Section160103 of Title 45 of the Code of Federal Regulations

(B) The defendant has complied with any obligations to notifyall persons entitled to receive notice regarding the release of theinformation or records

(C) The release of confidential information or records was solelyto another covered entity

(D) The defendant took appropriate preventive actions to protectthe confidential information or records against release retentionor use by any person or entity other than the covered entity thatreceived the information or records including but not limited to

(i) Developing and implementing security policies andprocedures

(ii) Designating a security official who is responsible fordeveloping and implementing its security policies and proceduresincluding educating and training the workforce

(iii) Encrypting the information or records and protectingagainst the release or use of the encryption key and passwords ortransmitting the information or records in a manner designed toprovide similar protections against improper disclosures

(E) The defendant took appropriate corrective action after therelease of the confidential records or information and the coveredentity that received the information or records immediatelydestroyed or returned the information or records

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-5- AB439

(F) The covered entity that received the confidential informationor records did not retain use or release the information or records

(G) The defendant has not Ifeviettsl) vielateti this IMt ef inthe eettrls tiisefetieft tieslite the Ifief vielatieftbeenfound liablefor a violation of this part within the three years preceding thealleged violation or the court determines that application of theaffirmative defense is found to be compelling and consistent withthe purposes ofthis section to promote reasonable conduct in lightof all the facts

(2) In an action under this subdivision a plaintiff shall beentitled to recover reasonable attorneys fees and costs withoutregard to an award of actual or nominal damages

(3) A defendant shall not be liable for more than one judgmenton the merits for a violation of this subdivision

(f) (1) The civil penalty pursuant to subdivision (c) shall beassessed and recovered in a civil action brought in the name of thepeople of the State of California in any court of competentjurisdiction by any of the following

(A) The Attorney General(B) Any district attorney(C) Any county counsel authorized by agreement with the

district attorney in actions involving violation of a countyordinance

(D) Any city attorney of a city(E) Any city attorney of a city and county having a population

in excess of 750000 with the consent of the district attorney(F) A city prosecutor in any city having a full-time city

prosecutor or with the consent of the district attorney by a cityattorney in any city and county

(G) The Director of the Office of Health Information Integritymay recommend that any person described in subparagraphs (A)to (F) inclusive bring a civil action under this section

(2) If the action is brought by the Attorney General one-halfofthe penalty collected shall be paid to the treasurer of the countyin which the judgment was entered and one-half to the GeneralFund If the action is brought by a district attorney or countycounsel the penalty collected shall be paid to the treasurer of thecounty in which the judgment was entered Except as provided inparagraph (3) if the action is brought by a city attorney or cityprosecutor one-half of the penalty collected shall be paid to the

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AB439 -6-

1 treasurer of the city in which the judgment was entered and one-half2 to the treasurer of the county in which the judgment was entered3 (3) If the action is brought by a city attorney of a city and4 county the entire amount of the penalty collected shall be paid to5 the treasurer of the city and county in which the judgment was6 entered7 (4) Nothing in this section shall be construed as authorizing8 both an administrative fine and civil penalty for the same violation9 (5) Imposition of a fine or penalty provided for in this section

10 shall not preclude imposition of any other sanctions or remedies11 authorized by law12 (6) Administrative fines or penalties issued pursuant to Section13 128015 of the Health and Safety Code shall offset any other14 administrative fine or civil penalty imposed under this section for15 the same violation16 (g) For purposes of this section knowing and willful shall17 have the same meanings as in Section 7 of the Penal Code18 (h) No person who discloses protected medical information in19 accordance with the provisions of this part shall be subject to the20 penalty provisions of this part

o

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AB 518 Assembly Bill Status Page I of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPICHOUSE+LAST

AB No 518Wagner

Elder and dependentLOCATION SENAMENDED DATE

adult abuse mandated reporters

03232011

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATION

06062011In committee Hearing postponed by committee

SEN BANKING AND FINANCIAL INSTITUTIONS

TITLE An act to repeal Section 7480 of the Government Codeand to amend Section 156301 of and to amend and repealSections 15633 15634 15640 and 156555 of theWelfare and Institutions Code relating to elder anddependent adult abuse

httpwwwleginfocagovpubll-12Ibillasmab_ 0501-0550ab_518_bill_2011 0615_status 652012

-

AMENDED IN ASSEMBLY MARCH 23 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 518

Introduced by Assembly Member Wagner

February 152011

Aft aet to amend Seetion 156301 of the Welfare and InstittttionsCode relating to elder abtlse An act to repeal Section 7480 of theGovernment Code and to amend Section 156301 of and to amend andrepeal Sections 15633 15634 15640 and 156555 of the Welfare andInstitutions Code relating to elder and dependent adult abuse

LEGISLATIVE COUNSELS DIGEST

AB 518 as amended Wagner Elder and dependent adult abusemandated reporters

Existing law the Elder Abuse and Dependent Adult Civil ProtectionAct establishes procedures for the reporting investigation andprosecution of elder and dependent adult abuse including but notlimited to financial abuse as defined These procedures require personsdefined as mandated reporters to report known or suspected instancesof elder or dependent adult abuse A violation of the reportingrequirements by a mandated reporter is a misdemeanor Existing lawwhich will be repealed on January 12013 defines who is a mandatedreporter of suspected financial abuse of an elder or dependent adult Aviolation ofthe financial abuse reporting requirements is subject to civilpenalties

This bill would delete the January 1 2013 repeal date and makeconforming changes

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

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10

15

20

25

30

35

AB518 -2-

The people of the State of California do enact asfollows

1 SECTION 1 Section 7480 of the Government Code as2 amended by Section 2 of Chapter 234 of the Statutes of 2008 is3 repealed4 7480 Nothing in this ehapter prohibits an) of the following

(a) The dissemination of an) finaneial information that is not6 identified with or identifiable as being deri ved from the fiftMleial7 reeords of a partietllar etlstomer8 (b) When any poliee or sheriffs department or distriet attorney9 in this state eertines to a bank eredit tlftion or savin-gsassoeiation

in 4vritingthat a erime report has been filed that involves the11 alleged fratldttlent tlse of drafts eheeks or other orders drawfl12 tlJon MtY bank eredit tlftion or Sltv ings assoeiation in this state13 the poliee or sheriffs department or distriet attomey a eotlnty14 adttlt proteeti-ve sen iees oftiee 4vhen investigating the finaneial

abttse of an elder or dependent adttlt or a long term eare16 ombttdsman when investigating the finaneial abttse of an elder or17 dependent adttlt rna reqtlest a bank eredit tlftion or savings18 assoeiation to fttmish and a bank eredit tlftion or savings19 assoeiation shall fttmish a statement setting forth the folIowing

information with respeet to a etlstomer aeeotlnt speeified b) the21 reqttesting parry for a period 30 da s prior to and tlJ to 30 da) s22 following the date ofoeetnTenee of the alleged illegal aet invohin-g23 the aeeotlftt24 (1) The Itttftlber of items dishonored

(2) The nttmber of items paid that ereated Oierdrafts26 (3) The dollar volttme of the dishonored items and items paid27 whieh ereated overdrafts and a statement explaining an) eredit28 atTangementbetween the bank eredit tlftion or savin-gsassoeiation29 and etlstomer to pa) 0verdrafts

(4) The dates and amotlnts of deposits and debits and the aeeotlftt31 balanee on these dates32 (5) A eoJry of the signattlre eard inelttding the signattlre and33 an) addresses appearing on a etlstomers signattlre eard34 (6) The date the aeeottnt opened and ifapplieable the date the

aeeotlnt elosed36 (7) A bank eredit tlftion or saTvingsassoeiation that proiides37 the reqtlesting part) vvith eopies of one or more eomplete aeeottnt

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the taxpa er (2) the (iireet deposit refund bullbullas not rettlmed to theFranehise Tax Board and (3) the remnd TnaSdeposited direetlyon a speeifled date into the aeeotlftt of an aeeotmtholder of theflnaneial instittttion bullbullho bullbullas not entitled to reeei v e the refttndthen the flnaneial instittttion shall fttntish to the Franehise TaxBoard the name and address ofan eoo w ner eosigtter or an otherperson bullbullho had aeeess to the mnds in the aeeotlttt follo bullbulling thedate ofdiIeet deposit refund or if the aeeotmt has been dosed thename and address of the person bullbullho dosed the aeeOtlftt

(s) This seetion shall beeome operati v e on Jaftttary 1 2013SECTION 1SEC 2 Section 156301 of the Welfare and Institutions Code

is amended to read156301 (a) As used in this section mandated reporter of

suspected financial abuse of an elder or dependent adult meansall officers and employees of financial institutions

(b) As used in this section the term financial institution meansany of the following

(l) A depository institution as defined in Section 3(c) of theFederal Deposit Insurance Act (12 USC Sec 1813(c))

(2) An institution-affiliated party as defined in Section 3(u) ofthe Federal Deposit Insurance Act (12 USC Sec 1813(u))

(3) A federal credit union or state credit union as defined inSection 101 ofthe Federal Credit Union Act (12 USC Sec 1752)including but not limited to an institution-affiliated party of acredit union as defined in Section 206(r) of the Federal CreditUnion Act (12 USc Sec 1786(r))

(c) As used in this section financial abuse has the samemeaning as in Section 1561030

(d) (l) Any mandated reporter of suspected financial abuse ofan elder or dependent adult who has direct contact with the elderor dependent adult or who reviews or approves the elder ordependent adults financial documents records or transactionsin connection with providing financial services with respect to anelder or dependent adult and who within the scope of his or heremployment or professional practice has observed or hasknowledge of an incident that is directly related to the transactionor matter that is within that scope of employment or professionalpractice that reasonably appears to be financial abuse or whoreasonably suspects that abuse based solely on the information

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AB518 -12-

before him or her at the time of reviewing or approving thedocument record or transaction in the case of mandated reporterswho do not have direct contact with the elder or dependent adultshall report the known or suspected instance of financial abuse bytelephone immediately or as soon as practicably possible and bywritten report sent within two working days to the local adultprotective services agency or the local law enforcement agency

(2) When two or more mandated reporters jointly haveknowledge or reasonably suspect that financial abuse of an elderor a dependent adult for which the report is mandated has occurredand when there is an agreement among them the telephone reportmay be made by a member of the reporting team who is selectedby mutual agreement A single report may be made and signed bythe selected member of the reporting team Any member of theteam who has knowledge that the member designated to report hasfailed to do so shall thereafter make that report

(3) If the mandated reporter knows that the elder or dependentadult resides in a long-term care facility as defined in Section1561047 the report shall be made to the local ombudsman or locallaw enforcement agency

(e) An allegation by the elder or dependent adult or any otherperson that financial abuse has occurred is not sufficient to triggerthe reporting requirement under this section if both of the followingconditions are met

(1) The mandated reporter of suspected financial abuse of anelder or dependent adult is aware of no other corroborating orindependent evidence of the alleged financial abuse of an elder ordependent adult The mandated reporter of suspected financialabuse of an elder or dependent adult is not required to investigateany accusations

(2) In the exercise of his or her professional judgment themandated reporter of suspected financial abuse of an elder ordependent adult reasonably believes that financial abuse of anelder or dependent adult did not occur

(f) Failure to report financial abuse under this section shall besubject to a civil penalty not exceeding one thousand dollars($1000) or if the failure to report is willful a civil penalty notexceeding five thousand dollars ($5000) which shall be paid bythe financial institution that is the employer of the mandated

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reporter to the party bringing the action Subdivision (h) of Section15630 shall not apply to violations of this section

(g) (1) The civil penalty provided for in subdivision (f) shallbe recovered only in a civil action brought against the financialinstitution by the Attorney General district attorney or countycounsel No action shall be brought under this section by anyperson other than the Attorney General district attorney or countycounsel Multiple actions for the civil penalty may not be broughtfor the same violation

(2) Nothing in the Financial Elder Abuse Reporting Act of2005shall be construed to limit expand or otherwise modify any civilliability or remedy that may exist under this or any other law

(h) As used in this section suspected financial abuse of anelder or dependent adult occurs when a person who is requiredto report under subdivision (a) observes or has knowledge ofbehavior or unusual circumstances or transactions or a pattern ofbehavior or unusual circumstances or transactions that would leadan individual with like training or experience based on the samefacts to form a reasonable belief that an elder or dependent adultis the victim of financial abuse as defined in Section 1561030

(i) Reports of suspected financial abuse of an elder or dependentadult made by an employee or officer of a financial institutionpursuant to this section are covered under subdivision (b) of Section47 of the Civil Code

SEC 3 Section 15633 of the Welfare and Institutions Codeas amended by Section 5 of Chapter 140 of the Statutes of 2005is amended to read

15633 (a) The reports made pursuant to Sections 15630156301 and 15631 shall be confidential and may be disclosedonly as provided in subdivision (b) Any violation of theconfidentiality required by this chapter is a misdemeanorpunishable by not more than six months in the county jail by afine of five hundred dollars ($500) or by both that fine andimprisonment

(b) Reports of suspected abuse of an elder or dependent adultand information contained therein may be disclosed only to thefollowing

(1) Persons or agencies to whom disclosure of information orthe identity of the reporting party is permitted under Section156335

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AB518 -14-

(2) (A) Persons who are trained and qualified to serve onmultidisciplinary personnel teams may disclose to one anotherinformation and records that are relevant to the preventionidentification or treatment of abuse of elderly or dependentpersons

(B) Except as provided in subparagraph (A) any personnel ofthe multidisciplinary team or agency that receives informationpursuant to this chapter shall be under the same obligations andsubject to the same confidentiality penalties as the persondisclosing or providing that information The information obtainedshall be maintained in a manner that ensures the maximumprotection of privacy and confidentiality rights

(c) This section shall not be construed to allow disclosure ofany reports or records relevant to the reports of abuse of an elderor dependent adult if the disclosure would be prohibited by anyother provisions of state or federal law applicable to the reports orrecords relevant to the reports of the abuse nor shall it be construedto prohibit the disclosure by a financial institution of any reportsor records relevant to the reports of abuse of an elder or dependentadult if the disclosure would be required of a financial institutionby otherwise applicable state or federal law or court order

(d) This seetion shall remain in dIcet on) tmtilJantmry I 2813and as of that date is repealed unless a later enaeted statute thatis enaeted before JMlt1ary12813 deletes or extends that date

SEC 4 Section 15633 of the Welfare and Institutions Codeas added by Section 6 of Chapter 140 of the Statutes of 2005 isrepealed

15633 (a) The leports made ptlrstlMlt to Seetions 15638 and15631 shall be eonndential and may be diselosed on) as pro videdin stlbdivision (b) AIl) violation of the eonfidetttialrt reqtliredbythis ehapter is a misdemeanor ptlnishable bynot more than sixmoftths in the eounry jail b)l a nne ofn Vehundred dollars ($588)or byboth that nne and imprisonment

(b) Reports of stlspeeted elder 01 dependent adttlt abttse andinfenmation eontained therein may be diselosed only to thefollo vving

(1) Persons or ageneies to vvhomdiselostlfe of information orthe identity of the reporting pMty is permitted tlnder Seetion156335

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(2) EA) Persems who Me trftined Md qtlftlified to sene onmtlltidiseiplinftfjf persoflftel teftll1smfty diselose to one Mlotherinfermtttion Md reeords thftt Me relevflnt to the preventionidentifiefttion or trefttment of ftbttse of elderly or dependentpersons

EB) Exeept ftSpro vided in SMpMftgrftph EA) Mly personnel ofthe ftltlltidiseiplinftry teftftl or ftgeney thftt reeeives informfttionptlrstlftnt to this ehflPtel shftH he tinder the sftme ohligfttions ftndsttbjeet to the sftme eonfidentiftlity penftlties ftS the pelsondisdosing or pro viding thftt infermfttion The informfttion ohtftinedshftH he mftintftined in ft ftlftflfter thftt enstlfes the ftlftXimttmproteetion ofprivftey ftnd eonfidentiftlity rights

Ee) This seetion shftH not he eonstftled to ftHo diselostlfe ofMy reports or reeords rde vMit to the reports of elder or dependentftdttlt ftbttse if the disdostlfe votlld he prohibited hy My other110visions of stftte or federftllft bullbull ftppliefthle to the reports or reeordsrele vftnt to the reports of the flbttse

Ed) This seetion shftH heeome operftti ve on Jftntlftry I 2013SEC 5 Section 15634 of the Welfare and Institutions Code

as amended by Section 7 of Chapter 140 of the Statutes of 2005is amended to read

15634 (a) No care custodian clergy member healthpractitioner mandated reporter of suspected financial abuse of anelder or dependent adult or employee of an adult protectiveservices agency or a local law enforcement agency who reports aknown or suspected instance of abuse of an elder or dependentadult shall be civilly or criminally liable for any report requiredor authorized by this article Any other person reporting a knownor suspected instance of abuse of an elder or dependent adult shallnot incur civil or criminal liability as a result of any reportauthorized by this article unless it can be proven that a false reportwas made and the person knew that the report was false No personrequired to make a report pursuant to this article or any persontaking photographs at his or her discretion shall incur any civil orcriminal liability for taking photographs of a suspected victim ofabuse of an elder or dependent adult or causing photographs to betaken of such a suspected victim or for disseminating thephotographs with the reports required by this article Howeverthis section shall not be construed to grant immunity from thisliability with respect to any other use of the photographs

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(b) No care custodian clergy member health practitionermandated reporter of suspected financial abuse of an elder ordependent adult or employee of an adult protective services agencyor a local law enforcement agency who pursuant to a request froman adult protective services agency or a local law enforcementagency investigating a report of known or suspected abuse of anelder or dependent adult provides the requesting agency withaccess to the victim of a known or suspected instance of abuse ofan elder or dependent adult shall incur civil or criminal liabilityas a result of providing that access

(c) The Legislature finds that even though it has providedimmunity from liability to persons required to report abuse of anelder or dependent adult immunity does not eliminate thepossibility that actions may be brought against those persons basedupon required reports of abuse In order to further limit the financialhardship that those persons may incur as a result of fulfilling theirlegal responsibilities it is necessary that they not be unfairlyburdened by legal fees incurred in defending those actionsTherefore a care custodian clergy member health practitioneror an employee of an adult protective services agency or a locallaw enforcement agency may present to the StMe B6Md 6pound C6ntr61California Victim Compensation and Government Claims Boarda claim for reasonable fttt6meys attorneys fees incurred in anyaction against that person on the basis of making a report requiredor authorized by this article if the court has dismissed the actionupon a demurrer or motion for summary judgment made by thatperson or if he or she prevails in the action The StMe B6ftrd 6fC6ntr61 California Victim Compensation and Government ClaimsBoard shall allow that claim if the requirements ofthis subdivisionare met and the claim shall be paid from an appropriation to bemade for that purpose Att6mey s Attorneys fees awarded pursuantto this section shall not exceed an hourly rate greater than the ratecharged by the Attorney General at the time the award is madeand shall not exceed an aggregate amount of fifty thousand dollars($50000) This subdivision shall not apply if a public entity hasprovided for the defense of the action pursuant to Section 995 ofthe Government Code

(d) This seeti6n shftll remftin in dfeet 6ttly tmtil J8fttlfll)1 2013ftnd ftS6pound thftt dMe is repeftled wIess ft IMer enfteted stMute thMis en8eted before Jftftt18ry12013 deletes 6r extends thM dMe

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SEC 6 Section 15634 of the Welfare and Institutions Codeas amended by Section 711 ojChapter 538 of the Statutes oj2006is repealed

15634 eft) No eMe etlstodimt ele~ member hea-lthpraetitioner or employee of an adttlt proteeti-ve serviees ageneyor a loeal larn enforeement ageney who reports a lrnown orsttspeeted instanee of elder or dependent adtllt abtlse shaHbe eiviHyor eriminalry liable for any report reqttired or attthorizedby thisartiele Any other peIson reporting a lrnOWfior stlspeeted instaneeof elder or dependeItt adttIt abtlse shall not inettr ei vil or eriminalliability as a restllt of any report attthorizedby this artiele ttnlessit ean be pro ven that a false report was made and the person knewthat the report vvasrelse gteJoperson reqtlired to make a reportptlrstlant to this artiele or any person taking photographs at his orher diseretion shall inettr any eivii or eriminalliability fer takingphotographs of a stlspeeted vietim of elder or dependent adtlltabtlse or eattsing photographs to be taken of the stlspeeted vietimor fOIdisseminating the photographs with the reports reqtlired bythis artiele However this seetion shall not be eonstmed to gIantimmttnity from this liability vvithrespeet to any other tlse of thephotographs

(b) No eMe etlstodian el~ member health praetitioner oremployee of an adtlIt proteetive seniees ageney or a loea-l lawenfereemeItt ageney who pttrsttant to a reqtlest from an adttltproteeti-ie seniees ageney or a loeal lavI enforeemeItt ageneyinvestigating a report of lrnOViftor stlspeeted elder or dependentadtllt abtlse proides the reqtlesting ageney with aeeess to thevietim of a lrnovvnor stlspeeted instanee of elder or dependeIttadttlt abtlse shall inettr eiviI or eriminal liability as a restlIt ofpro viding that aeeess

ee) The Legislatttre finds that even thOtlgh it has pIOvidedimmtlnity from liability to peIsons reqtlired to report elder ordependent mit abttse immtlIlity does not eliminate the possibilitythat aetions may be brotlght agamst those persons based tlJ0nreqtlired reports of abtlse In order to fttrther limit the finaneialhardship that those persons may inettr as a resttIt offttlfilling theirlegal responsibilities it is neeessary that they not be tlftreirlybttrdened by legal fees inetlffed in defending those aetionsTherefore a eMeetlstodian ele~ member health praetitioneror employee ofan adttlt proteetive seniees ageney or a loeallffi7t

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enfOieement agene)l ma) present to the CalifeJmia VietimCempensatien and Geemment Claims BeMd a elaim feJrreasenable atteme)s fees inetJifedin any aetien agffinstthat persenen the basis efmMcinga repert reqtlired er attth6rizedb)l this Mtieleif the eeM has dismissed the aetien t1pen a demtlffer el metienfur sttmillM)lj tldgment made b that persen el ifhe er she preailsin the aetien The Califumia Vietim Cempensatien andGeemment Claims Beard shall allew that ehtim if thereqtlirements ef this sttbdi isien Me met and the elaim shall bepaid fl6man fllprepriatien te be made fur that ptllpese Atteme) sfees aarded ptliStlMltto this seetien shall net exeeedan hetlilyrate greater than the late eharged b the Attemey General at thetime the aard is made and sh8llnet exeeedan aggregate amettllteffitty thetlsanBdellMs ($50000) This sttbdF isien shall net applyif a pttblie enti) has pmbullided fer the defense ef the aetien ptlistlantte Seetien 995 ef the Ge emment Cede

(6) This seetien shall beeeme eperatie en JMttlM)12013SEC 7 Section 15640 of the Welfare and Institutions Code

as amended by Section 9 of Chapter 140 of the Statutes of2005is amended to read

15640 (a) (1) An adult protective services agency shallimmediately or as soon as practically possible report by telephoneto the law enforcement agency having jurisdiction over the caseany known or suspected instance of criminal activity and to anypublic agency given responsibility for investigation in thatjurisdiction of cases of elder and dependent adult abuse everyknown or suspected instance of abuse pursuant to Section 15630or 156301 of an elder or dependent adult A county adult protectiveservices agency shall also send a written report thereof within twoworking days of receiving the information concerning the incidentto each agency to which it is required to make a telephone reportunder this subdivision Prior to making any cross-report ofallegations of financial abuse to law enforcement agencies anadult protective services agency shall first determine whether thereis reasonable suspicion of any criminal activity

(2) If an adult protective services agency receives a report ofabuse alleged to have occurred in a long-term care facility thatadult protective services agency shall immediately inform theperson making the report that he or she is required to make thereport to the long-term care ombudsman program or to a local law

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-19- AB518

enforcement agency The adult protective services agency shallnot accept the report by telephone but shall forward any writtenreport received to the long-term care ombudsman

(b) If an adult protective services agency or local lawenforcement agency or ombudsman program receiving a report ofknown or suspected elder or dependent adult abuse determinespursuant to its investigation that the abuse is being committed bya health practitioner licensed under Division 2 (commencing withSection 500) of the Business and Professions Code or any relatedinitiative act or by a person purporting to be a licensee the adultprotective services agency or local law enforcement agency orombudsman program shall immediately or as soon as practicallypossible report this information to the appropriate licensingagency The licensing agency shall investigate the report in lightof the potential for physical harm The transmittal of informationto the appropriate licensing agency shall not relieve the adultprotective services agency or local law enforcement agency orombudsman program of the responsibility to continue its owninvestigation as required under applicable provisions of law Theinformation reported pursuant to this paragraph shall remainconfidential and shall not be disclosed

(c) A local law enforcement agency shall immediately or assoon as practically possible report by telephone to the long-termcare ombudsman program when the abuse is alleged to haveoccurred in a long-term care facility or to the county adultprotective services agency when it is alleged to have occurredanywhere else and to the agency given responsibility for theinvestigation of cases of elder and dependent adult abuse everyknown or suspected instance of abuse of an elder or dependentadult A local law enforcement agency shall also send a writtenreport thereof within two working days of receiving the informationconcerning the incident to any agency to which it is required tomake a telephone report under this subdivision

(d) A long-term care ombudsman coordinator may report theinstance of abuse to the county adult protective services agencyor to the local law enforcement agency for assistance in theinvestigation of the abuse if the victim gives his or her consent Along-term care ombudsman program and the Licensing andCertification Division ofthe State Department ofIIealth SeI ieesPublic Health shall immediately report by telephone and in writing

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AB518 -20-

1 within two working days to the bureau any instance of neglect2 occurring in a health care facility that has seriously harmed any3 patient or reasonably appears to present a serious threat to the4 health or physical well-being of a patient in that facility If a victim5 or potential victim of the neglect withholds consent to being6 identified in that report the report shall contain circumstantial7 information about the neglect but shall not identify that victim or8 potential victim and the bureau and the reporting agency shall9 maintain the confidentiality of the report until the report becomes

lOa matter of public record11 (e) When a county adult protective services agency a long-term12 care ombudsman program or a local law enforcement agency13 receives a report of abuse neglect or abandonment of an elder or14 dependent adult alleged to have occurred in a long-term care15 facility that county adult protective services agency long-term16 care ombudsman coordinator or local law enforcement agency17 shall report the incident to the licensing agency by telephone as18 soon as possible19 (f) County adult protective services agencies long-term care20 ombudsman programs and local law enforcement agencies shall21 report the results of their investigations of referrals or reports of22 abuse to the respective referring or reporting agencies23 Eg) This seeti6n shall remain in dIcet 6ny tlfttilJ~ 1201324 and as 6f that date is repealed unless a later enaeted stMttte that25 is enaeted bef6re Janttary 12013 deletes 6r extends that date26 SEC 8 Section 15640 of the Welfare and Institutions Code27 as added by Section 10 of Chapter 140 of the Statutes of 2005 is28 repealed 29 15640 Ea) E1) An adult pr6teeti e sen iees ageney shall30 immediate) 6r as S66nas praetieal) p6ssible rep6rt 0 te1eph6ne31 t6 the la~ enf6reement ageney haing jttrisdieti6n 6er the ease32 an kntMfl6r suspeeted instanee 6f eriminal aeth it) and t6 any33 pttblie agene gien resp6nsibilit) f6r illestigMi6n in that34 jurisdieti6n 6f eases 6f elder and dependent adttlt abuse eery35 kfl6n6r suspeeted instanee 6f aetlse purstlant t6 Seeti6n 1563036 6f an elder 6r dependent adttlt A e6t11ltyadttlt pr6teeti e sen iees37 ageney shall als6 send a TV ritten rep6rt there6f Vv ithin ti 6 V 6rking38 days 6f reeeiving the inwrmati6n e6neeming the ineident t6 eaeh39 ageney t6 vv hieh it is reqtlired t6 make a teleph6ne Iep6rt tlftder40 this subdiisi6n Pri6r t6 making an er6SSIep6rt 6f allegati6ns

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-21- AB518

offilumeial abttse to lavvenforeemertt a-geneiesMladult proteetFesen iees agene) shaH first determine whether there is reasonablesuspieion of tmJ eriminM aeti vit

(2) If an adult proteeti ve sen iees agene) reeei ves a report ofabttse alleged to ha ve oeettlTed in a long teml eare faeilit) thatadttlt proteeti ve sen iees ageney shall immediate) infoml theperson making the report that he or she is required to make thereport to the long term eare ombttdsman program 01 to aloeallawenforeemertt a-geneyThe adttlt proteeti ve sen iees agene) shallnot aeeept the report b) telephone btlt shall fonvMd flit) vvTittenreport leeehed to the long teml eare ornbtldsman

(b) If an adtllt proteetive seniees ageney or loeal lawenforeement agene) or ornbtldsman program reeei vinga report ofkftovm or stlspeeted elder or dependent adttlt MtlSe determinespttrstlartt to its inYestigationthat the flbttseis being eommitted bya health 11aetitioner lieensed tlftder Division 2 (eonJffieneingwithSeetion 500) of the Btlsiness flftdProfessions Code or flit) lelatedinitiatiye aet or by a person ptlrporting to be a lieensee the adtlltproteetive seniees a-gene) or loeallaw enforeement agene) orombttdsman program shall immediate) or as soon as praetieall)possible report this mformation to the appropriate lieensingagene) The lieensing agene) shall investigate the report in lightof the poterttial fur ph) sieal hamlThe trMlsmittfllof informationto the appropriate lieensing agene) shall not relieve the adtlltproteethe serviees agene) or loeallaw enforeement agene) orornbtldsmflft program of the responsibility to eorttinue its 0~vninvestigation as reqttired tlftder applieable provisions of law Theinformation reported pttrstlant to this paragraph shall remaineoniiderttial flItdshfl11not be diselosed

(e) A loealla bullbull enforeement agefte) shall immediate) or assoon as praetieal) possible report b) telephone to the long termeare ombtldsman program bullbullhen the abtlse is alleged to haveoeetllTed in a long term eare faeilit) or to the eotlnt) adttltproteetive seniees agene) bullbullhen it is alleged to have oeeUlfedan) vvhere else flftd to the agene) gh en responsibilit) for theinvestigation of eases of elder and dependent adttlt abtlse everykftovm or stlspeeted instflftee of MtlSe of an elder or dependerttadttlt A loeallaw enforeement ageney shall also send a Ylfittenreport thereof bullbullithin ftv0 vvorking dfl)s ofreeei ving the infomlation

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eoneeming the ineident to an agenC) to vvhieh it is reqtlired toftutke a telephone report tlIlderthis stlbdh ision

Ed) A long tenn eare ombttdsman eoordinator mll) report theinstlllleeof abtlse to the eot1llryadttlt proteetive seniees ageneyor to the loeal la bullbull enforeement agenC) for assistlllleein theinvestigationof the abttse if the vietim gives his or her eonsent Along tenn eMe ombtldsmllllprogram llIldthe Lieensing llIldCertifieation Division of the State DepMtment ofIIealth Senieesshall immediately report b telephone llIldin vvriting vvithin hiv0tv orkingdll) s to the bm eatl an instlllleeof negleet oeet1ffingin ahealth eare faeiliry that has seriotlsl hMmed an patient orreasonably appeMs to present a seriotls threat to the health orph sieal vvell being of a patient in that ffteiliry If a J ietim orpotential TV ietim of the neglect vithholds eonsent to being identifiedin that report the report shall eontain eirettmstlllltialinformationabom the negleet bm shall not identif) that vietim or potentialvietim and the bttreatl llIldthe reporting agenC) shall maintain theeoniidentialiry of the report tlntil the report beeomes a matter ofptlblie reeord

Ee) hen a eotlllryadttlt proteeti ve sen iees agenC) a long termeare ombtldsman program or a loeal la enforeement ageneyreeeives a report ofabttse negleet or ablllldonmentofllllelder ordependent adttlt alleged to have oeet1ffedin a long term earefaeiliry that eotlnty adtllt proteeti ve sen iees agenC) long termeare ombtldsmlllleoordinator or loeallavv enforeement ageneyshall report the ineident to the lieensing agene b telephone assoon as possible

ED COtl1lt)adtllt proteetive seniees ageneies long term eareombttdsman programs and 10ea1lavvenforeement ageneies shallreport the restllts of their investigations of referrals or reports ofabtlse to the respeetive referring or reporting ageneies

Eg) This seetion shall beeome operative on JllIlt1flry12013SEC 9 Section 156555 of the Welfare and Institutions Code

as amended by Section 11 of Chapter 140 of the Statutes of 2005is amended to read

156555 A county adult protective services agency shallprovide the organizations listed in paragraphs (v) (w) and (x) ofSection 1561017 and mandated reporters of suspected financialabuse of an elder or dependent adult pursuant to Section 156301with instructional materials regarding abuse and neglect of an elder

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1 or dependent adult and their obligation to report under this chapter2 At a minimum the instructional materials shall include the3 following4 (a) An explanation of abuse and neglect of an elder or dependent

adult as defined in this chapter6 (b) Information on how to recognize potential abuse and neglect7 of an elder or dependent adult8 (c) Information on how the county adult protective services9 agency investigates reports of known or suspected abuse and

neglect11 (d) Instructions on how to report known or suspected incidents12 of abuse and neglect including the appropriate telephone numbers13 to call and what types of information would assist the county adult14 protective services agency with its investigation of the report

(e) This seetion shall remain in eifcet only tlfttil Jflfttlttry 1 201316 and as of that date is repealed tmless a later enaeted stattlte that17 is enaeted before Jafttlttry 12013 deletes or extends that date18 SEC 10 Section 156555 of the Welfareand Institutions Code19 as amended by Section 712 of Chapter 538 of the Statutes of2006

is repealed21 156555 A eottftt) achtlt proteetive serviees agene) shall22 pmvide the organi2ations listed in paragraphs (v) (vv) and Ex) of23 Seetion 1561017 with instItletional materials regarding elder and24 dependent achtlt abtlse and negleet and their obligation to report

under this ehapter At a minimum the instruetional materials shall26 inelude the follovving27 (a) An explanation of elder and dependent achtlt abuse and28 negleet as defined in this ehapter29 (b) Information on how to reeogni2e potential elder and

dependent achtlt abuse and negleet31 (e) Information on ho vIthe eottftt) achtlt proteeti ve serv iees32 agene) investigates reports of knovm or suspeeted abuse and33 negleet34 (d) Instmetions on hovv to report ]movvn or suspeeted ineidents

of abuse and negleet ineltlding the appropriate telephone llt11llbers36 to eall and what rypes of information vvould assist the eount) adult37 proteetirv e sen iees agene) with its in (estigation of the report38 (e) This seetion shall beeome operati e on January I 20 13

o

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AB 608 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 608Pan

Health care coverage telemedicine

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to health care

httpwww1eginfocagovpubII-12Ibillasmab_0601-0650ab _608_ bill_ 20120201_status 652012

-

AB 783 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 783AUTHOR(S) HayashiTOPIC Professional corporations licensed physical therapists

and occupational therapists+LAST AMENDED DATE 04072011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

COMMCOMMCOMM

HIST ACT DATEHIST ACTION

From committeeRule 62(a)

LOCATION SENACTION DATEACTION

06282011In committee Set second hearing Failed passagewithout further action pursuant to Joint

LASTLAST

BUSINESS PROFESSIONS AND ECONOMIC DEVELOPMENT06272011

Set second hearing Failed passage in Committee

TITLE An act to amend Section 2406 of the Business andProfessions Code and to amend Section 134015 of theCorporations Code relating to professional corporations

httpwwwleginfocagovpub11-12billasmab_0751-0800ab_783_bill_20111115_status 652012

-

AMENDED IN ASSEMBLY APRIL 7 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 783

Introduced by Assembly Member Hayashi

February 172011

An act to amend Section 2406 of the Business and Professions Codeand to amend Section 134015 of the Corporations Code relating toprofcssiemal eorporations and deelaring the mgeney thereof to tttkeeffeet immediatelyprofessional corporations

LEGISLATIVE COUNSELS DIGEST

AB 783 as amended Hayashi Professional corporations licensedphysical therapists and occupational therapists

Existing law regulating professional corporations provides that certainhealing arts practitioners may be shareholders officers directors orprofessional employees of a medical corporation-er-a podiatric medicalcorporation or a chiropractic corporation subject to certain limitations

This bill would add licensed physical therapists and licensedoccupational therapists to the list of healing arts practitioners who maybe shareholders officers directors or professional employees of thosecorporations The bill would also make conforming changes to a relatedprovision

This bill vv otlld deelare that it is to take etteet immediately as anmgeney statttte

Vote -majority Appropriation no Fiscal committee noState-mandated local program no

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Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 2406 of the Business and Professions2 Code is amended to read3 2406 A medical corporation or podiatry corporation is a4 corporation that is authorized to render professional services as

defined in Sections 13401 and 134015 ofthe Corporations Code6 so long as that corporation and its shareholders officers directors7 and employees rendering professional services who are physicians8 and surgeons psychologists registered nurses optometrists9 podiatrists chiropractors acupuncturists naturopathic doctors

physical therapists or in the case of a medical corporation only11 physician assistants marriage and family therapists or clinical12 social workers are in compliance with the Moscone-Knox13 Professional Corporation Act the provisions of this article and all14 other statutes and regulations now or hereafter enacted or adopted

pertaining to the corporation and the conduct of its affairs16 With respect to a medical corporation or podiatry corporation17 the governmental agency referred to in the Moscone-Knox18 Professional Corporation Act is the board19 SEC 2 Section 134015 of the Corporations Code is amended

to read21 134015 Notwithstanding subdivision (d) of Section 1340122 and any other provision of law the following licensed persons23 may be shareholders officers directors or professional employees24 of the professional corporations designated in this section so long

as the sum of all shares owned by those licensed persons does not26 exceed 49 percent ofthe total number of shares of the professional27 corporation so designated herein and so long as the number of28 those licensed persons owning shares in the professional29 corporation so designated herein does not exceed the number of

persons licensed by the governmental agency regulating the31 designated professional corporation32 (a) Medical corporation33 (1) Licensed doctors of podiatric medicine34 (2) Licensed psychologists

(3) Registered nurses36 (4) Licensed optometrists37 (5) Licensed marriage and family therapists38 (6) Licensed clinical social workers

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-3-

(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists(10) Naturopathic doctors(11) Licensed physical therapists(12)Licensed occupational therapists(b) Podiatric medical corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed optometrists(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(8) Licensed physical therapists(9) Licensed occupational therapists(c) Psychological corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Registered nurses(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed chiropractors(8) Licensed acupuncturists(9) Naturopathic doctors(d) Speech-language pathology corporation(1) Licensed audiologists(e) Audiology corporation(1) Licensed speech-language pathologists(t) Nursing corporation(l) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists

AB783

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AB783 -4-

(10) Naturopathic doctors(g) Marriage and family therapy corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed clinical social workers(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(h) Licensed clinical social worker corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed marriage and family therapists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(i) Physician assistants corporation(1) Licensed physicians and surgeons(2) Registered nurses(3) Licensed acupuncturists(4) Naturopathic doctorsG) Optometric corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(k) Chiropractic corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed acupuncturists(9) Naturopathic doctors

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-5- AB783

(10) Licensed physical therapists(11) Licensed occupational therapists(l) Acupuncture corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed physician assistants(9) Licensed chiropractors(10) Naturopathic doctors(m) Naturopathic doctor corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed physician assistants(5) Licensed chiropractors(6) Licensed acupuncturists(7) Licensed physical therapists(8) Licensed doctors of podiatric medicine(9) Licensed marriage family and child counselors(10) Licensed clinical social workers(11) Licensed optometrists(n) Dental corporation(1) Licensed physicians and surgeons(2) Dental assistants(3) Registered dental assistants(4) Registered dental assistants in extended functions(5) Registered dental hygienists(6) Registered dental hygienists in extended functions(7) Registered dental hygienists in alternative practiceSEC 3 This aet is Ml ttrgene statttte neeessary for the

immediatepresenation of the ptlblie peaee hettlihor saferyvvithinthe meMling of Miele IV of the Constittttion Mld shaHgo intoimmediate effeet The fftets eonstitttting the neeessiry Me

In order to 8t1thorizelieensed physieal therapists to beshareholders offieers mreetors or professional employees of

98

AD7S3 -6-

1 memeal eorpofatiofts andpodiatrie medieal eorpofatiofts as soOft2 as possible it is fteeessary that this aet tftke dIeet immediately

o

98

AB 800 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 800Huber

Boards and commissions time reporting

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to add Section 1156410 to the Government Coderelating to boards and commissions

httpwwwleginfocagovpubI11-12billasmlab_0751-0800ab _800_ bill_20120201_status 652012

-

AB 958 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 958Bill Berryhill

Regulatory boards limitations periods

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to Art IV Sec 10(e) of theFrom committee Filed with the Chiefto Joint Rule 56BUSINESS PROFESSIONS AND CONSUMER PROTECTION

TITLE An act to add Section 1105 to and to repeal Sections16702 22305 296005 3137 375051 498205499032 5561 5661 76865 988420 and 98898 of theBusiness and Professions Code relating to regulatoryboards

httpwwwleginfocagovpub11-12lbillasmlab_0951-1 OOOab_958 _bill_ 20120202_ status 652012

AB 1003 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 1003Smyth

Professional and vocational licenses

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to professional and vocational licenses

httpwwwleginfocagovpubll-12Ibillasmlab_l00l-l 050ab_1003 _bill_2012020 I_statu 652012

-

AB 1205 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1205AUTHOR(S) Bill BerryhillTOPIC Licensed behavior analysts+LAST AMENDED DATE 04042011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to amend Section 499018 of and to add Chapter52 (commencing with Section 252971) to Division 2 ofthe Business and Professions Code relating to healingarts

httpwwwleginfocagovpub11-12billasmab _120 1-1250ab_1205 _bill_20 120201_statu 652012

AB 1435 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1435AUTHOR(S) Dickinson (Coauthors Alejo Buchanan and Hill) TOPIC Child abuse reporting athletic personnelHOUSE LOCATION SEN+LAST AMENDED DATE OS252012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredState-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS for

LASTLAST

APPROPRIATIONSOS252012

Do pass as amendedAyes 17 Noes OOPASS

TITLE An act to amend Section 111657 of the Penal Coderelating to child abuse reporting

httpwww1eginfocagovpub11-12lbiIVasmab_140 1-1450ab _1435 _bill~0120601_statu 652012

AMENDED IN ASSEMBLY MAY 25 2012

AMENDED IN ASSEMBLY MARCH 21 2012

AMENDED IN ASSEMBLY MARCH 142012

AMENDED IN ASSEMBLY FEBRUARY 29 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1435

Introduced by Assembly Member Dickinson(Coauthors Assembly Members Alejo Buchanan and Hill)

January 4 2012

An act to amend Section 111657 of the Penal Code relating to childabuse reporting

LEGISLATIVE COUNSELS DIGEST

AB 1435 as amended Dickinson Child abuse reporting athleticpersonnel

Existing law the Child Abuse and Neglect Reporting Act requiresa mandated reporter as defined to report whenever he or she in his orher professional capacity or within the scope of his or her employmenthas knowledge of or observed a child whom the mandated reporterknows or reasonably suspects has been the victim of child abuse orneglect Failure to report an incident is a crime punishable byimprisonment in a county jail for a period of up to 6 months a fine ofup to $1000 or by both that imprisonment and fine

This bill would add athletic coaches athletic administrators andathletic directors employed by a public or private organization to thelist of individuals who are mandated reporters The bill otlld reqtlirean ptlblie or pri v ate orgflftizationernplo ing flftathletieeoaen Mhletie

95

~

AB 1435 -2-

ftdministrator or Mhletie direetor to hftve provided initiftl trftining byJflfttlM) I 2014 on speeified mfttters relMing to ehiM a-bttse ftftdnegleetfor those employees On ftftd ftfter lftnuftry 12014 the bill vvottld reeJtlireinitiftl trftining to be pro vided IV ithin 6 months of the dMe ftn indi vidttftlbeeomes employed in thM eftlfteiry The bill vvouM require theseindividuftls to eomplete eontifttling tminmg every 2 yeMs

By imposing the reporting requirements on a new class of personsfor whom failure to report specified conduct is a crime ftftdby imposingne~ trftining reeJtlirements on publie oIgftfiiZMions ineluding loeftlgOvernment entities this bill would impose a state-mandated localprogram

The Cftlifomift Constittltion reqtlires the stMe to reimbtlfse loeftlftgeneies ftnd sehool distriets for eertftin eosts mftftdMed by the stftteStftttltory pItYvisions esffiblish proeedtlfes for mftkffigthftt reimbtlfsement

This bill hould pro vide thM 4vith regMd to eertftin mftftdfttes noIeimbtlfsement is reeJtlired by this ftet for ft speeified reftson

Vith regftM to ftny other mftndMeS this bill vv0tlM pro vide thM if theCommission on StMe ~bndtltes determines thM the bill eontftins eostsso mftndftted by the stftte reimbttIsement for those eosts shftll be mftdeptlfStlftnt to the stftttltory pro visions noted ttbo ve

The California Constitution requires the state to reimburse localagencies and school districts for certain costs mandated by the stateStatutory provisions establish procedures for making thatreimbursement

This bill would provide that no reimbursement is required by this actfor a specified reason

Vote majority Appropriation no Fiscal committee yesState-mandated local program yes

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 111657 of the Penal Code is amended2 to read3 111657 (a) As used in this article mandated reporter is4 defined as any of the following5 (1) A teacher6 (2) An instructional aide7 (3) A teachers aide or teachers assistant employed by any8 public or private schooL9 (4) A classified employee of any public schooL

95

T

5

10

15

20

25

30

35

40

-3- AB 1435

1 (5) An administrative officer or supervisor of child welfare and2 attendance or a certificated pupil personnel employee of any public3 or private school4 (6) An administrator of a public or private day camp

(7) An administrator or employee of a public or private youth6 center youth recreation program or youth organization7 (8) An administrator or employee of a public or private8 organization whose duties require direct contact and supervision9 of children

(9) Any employee of a county office of education or the State11 Department of Education whose duties bring the employee into12 contact with children on a regular basis13 (10) A licensee an administrator or an employee of a licensed14 community care or child day care facility

(11) A Head Start program teacher16 (12) A licensing worker or licensing evaluator employed by a17 licensing agency as defined in Section 111651118 (13) A public assistance worker19 (14) An employee of a child care institution including but not

limited to foster parents group home personnel and personnel of21 residential care facilities22 (15) A social worker probation officer or parole officer23 (16) An employee of a school district police or security24 department

(17) Any person who is an administrator or presenter of or a26 counselor in a child abuse prevention program in any public or27 private school28 (18) A district attorney investigator inspector or local child29 support agency caseworker unless the investigator inspector or

caseworker is working with an attorney appointed pursuant to31 Section 317 of the Welfare and Institutions Code to represent a32 mmor33 (19) A peace officer as defined in Chapter 45 (commencing34 with Section 830) of Title 3 of Part 2 who is not otherwise

described in this section36 (20) A firefighter except for volunteer firefighters37 (21) A physician and surgeon psychiatrist psychologist dentist38 resident intern podiatrist chiropractor licensed nurse dental39 hygienist optometrist marriage and family therapist clinical social

worker professional clinical counselor or any other person who

95

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101112131415161718192021222324252627282930313233343536373839

AB 1435 -4-

is currently licensed under Division 2 (commencing with Section500) of the Business and Professions Code

(22) Any emergency medical technician I or II paramedic orother person certified pursuant to Division 25 (commencing withSection 1797) of the Health and Safety Code

(23) A psychological assistant registered pursuant to Section2913 of the Business and Professions Code

(24) A marriage and family therapist trainee as defined insubdivision (c) of Section 498003 of the Business and ProfessionsCode

(25) An unlicensed marriage and family therapist internregistered under Section 498044 of the Business and ProfessionsCode

(26) A state or county public health employee who treats a minorfor venereal disease or any other condition

(27) A coroner(28) A medical examiner or any other person who performs

autopsies(29) A commercial film and photographic print processor as

specified in subdivision (e) of Section 11166 As used in thisarticle commercial film and photographic print processor meansany person who develops exposed photographic film into negativesslides or prints or who makes prints from negatives or slides forcompensation The term includes any employee of such a personit does not include a person who develops film or makes prints fora public agency

(30) A child visitation monitor As used in this article childvisitation monitor means any person who for financialcompensation acts as monitor of a visit between a child and anyother person when the monitoring of that visit has been orderedby a court of law

(31) An animal control officer or humane society officer Forthe purposes ofthis article the following terms have the followingmeanings

(A) Animal control officer means any person employed by acity county or city and county for the purpose of enforcing animalcontrol laws or regulations

(B) Humane society officer means any person appointed oremployed by a public or private entity as a humane officer who is

95

123456789

10111213141516171819202122232425262728293031323334353637383940

-5- AB 1435

qualified pursuant to Section 14502 or 14503 of the CorporationsCode

(32) A clergy member as specified in subdivision (d) of Section11166 As used in this article clergy member means a priestminister rabbi religious practitioner or similar functionary of achurch temple or recognized denomination or organization

(33) Any custodian of records of a clergy member as specifiedin this section and subdivision (d) of Section 11166

(34) Any employee of any police department county sheriffsdepartment county probation department or county welfaredepartment

(35) An employee or volunteer of a Court Appointed SpecialAdvocate program as defined in Rule 1424 ofthe California Rulesof Court

(36) A custodial officer as defined in Section 8315(37) Any person providing services to a minor child under

Section 12300 or 123001 of the Welfare and Institutions Code(38) An alcohol and drug counselor As used in this article an

alcohol and drug counselor is a person providing counselingtherapy or other clinical services for a state licensed or certifieddrug alcohol or drug and alcohol treatment program Howeveralcohol or drug abuse or both alcohol and drug abuse is not inand of itself a sufficient basis for reporting child abuse or neglect

(39) A clinical counselor trainee as defined in subdivision (g)of Section 499912 of the Business and Professions Code

(40) A clinical counselor intern registered under Section 499942of the Business and Professions Code

(41) An athletic coach athletic administrator or athletic directoremployed by a public or private organization including but notlimited to schools and instittttions of higher e6ueation thatprovidekindergarten or any of grades 1 to 12 inclusive

(b) Except as provided in paragraph (35) of subdivision (a)volunteers of public or private organizations whose duties requiredirect contact with and supervision of children are not mandatedreporters but are encouraged to obtain training in the identificationand reporting of child abuse and neglect and are further encouragedto report known or suspected instances of child abuse or neglectto an agency specified in Section 111659

(c) Employers are strongly encouraged to provide theiremployees who are mandated reporters with training in the duties

95

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101112131415161718192021222324252627282930313233343536373839

AB 1435 -6-

imposed by this article This training shall include training in childabuse and neglect identification and training in child abuse andneglect reporting Whether or not employers provide theiremployees with training in child abuse and neglect identificationand reporting the employers shall provide their employees whoare mandated reporters with the statement required pursuant tosubdivision (a) of Section 111665

(d) School districts that do not train their employees specifiedin subdivision (a) in the duties of mandated reporters under thechild abuse reporting laws shall report to the State Department ofEducation the reasons why this training is not provided

(e) Unless otherwise specifically provided the absence oftraining shall not excuse a mandated reporter from the dutiesimposed by this article

(f) Public and private organizations are encouraged to providetheir volunteers whose duties require direct contact with andsupervision of children with training in the identification andreporting of child abuse and neglect

(g) (1) On 6r befure Jttmtary 1 2014 ttll) pttblie 6r privflie6rganizttti6ftemp16ing ttft Mhletie e6tteh Mhletie ttdmimstrltt6r6r Mhletie direet6r ttSspeeified ift pMttgrttph (41) 6f sttbdivisi6ft(tt) shttll pr6 vide iftitittl trttining f6r th6se empl~ ees 6n thefull6vvingmtttters

(A) The identifiettti6n 6f ehild ttbttse ttnd negleet(D) Aeti vities thttt e6ftstitttte inltppr6prittte ttftd illegttl e6ntttet

betiveen tt 6tlth ltftd ltft ttthietie e6tteh Mhletie ttdmiftistrttt6r 6rttthietie direet6r

(6) The resp6nsibilities 6f tt pers6n identified lIStt mttndfliedrep6rter in this seeti6n ineIttding btl ft6t limited t6 ttll 6f thefull6 vving

(i) T6 ~h6m tt rep6rt is reqtlired t6 be mttde(ii) The inf6rmttti6n thttt is reqttired t6 be ifte1ttdedin tt rep6rt(iii) The time vvithiftvvhieha mandated rep6rter is reqttired t6

file tt rep6rt(2) Initittl training shall be pr6vided b perS6ftSkn6vvledgeltble

ift the identifiettti6n 6fehild aettse ttnd negleet inltppf6prittte ltftdillegal e6ntaet bem eena 6ttth and ltftadttIt ltftdstatttt6ry rep6rtingreqttiremeftts ltftdshttll e6nsist 6ftw6 h6ttrs 6felassr66m 6r 6therinteraetive trainiftg ltftdedttettti6n

95

-7- AB 1435

1 (h) Commeneing on fmd aftel Jfmtlftry12014 fmofgfmization2 speeified in sttbdivision (g) shaHpro ide initial training within six3 months of the date that fm individtutl beeomes empleryed as an4 Mhletie eoaeh athletie administrator or athletie direetor ttnless5 the indi idttal reeei ed training Hithin tw0 years prior to the date6 the indi idtlal is empleryed An Mhletie eoaeh athletie7 administrator or athletie direetor Hho has leeeied initial training8 ptlfStlafttto sttbdiision (g) shall eomplete eontifttling training9 thereafter onee eery two years eonsisting of one hottf of

10 elassroom or other interaeti e training fmd edtteation11 SEC 2 No reimbtlrsement is reqtlired by this aet pttfStlafttto12 Seetion 6 ofArtiele )GIlD of the California Constitution for eertain13 eosts that may be inetllTed by a loeal ageney or sehool distriet14 beeatlse ift that regard this aet ereates a nev erime or infraetion15 eliminates a erime or infraetion or ehfmges the penalty fOfa erime16 or inflaetion Hithin the meaning of Seetion 17556 of the17 Goemment Code or ehanges the definition ofa elime Hithin the18 meaning of Seetion 6 of Aniele XIII D of the Califomia19 Constitution20 IIo~eer if the Commission on State Mfmdates determines that21 this aet eontainsother eosts mfmdated by the state reimbttfsement22 to loeal ageneies fmd sehool distliets for those eosts shall be made23 ptlfStlafttto Part 7 (eommeneing Hith Seetion 17500) of Division24 4 of Title 2 of the Goemment Code25 SEC 2 No reimbursement is required by this act pursuant to26 Section 6 of Article XIII B of the California Constitution because27 the only costs that may be incurred by a local agency or school28 district will be incurred because this act creates a new crime or29 infraction eliminates a crime or infraction or changes thepenalty30 for a crime or infraction within the meaning of Section 17556 of31 the Government Code or changes the definition of a crime within32 the meaning of Section 6 of Article XIII B of the California33 Constitution

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AB 1904 Assembly Bill Status

MEASURE AUTHOR(S)TOPIC

HOUSE

CURRENT BILL STATUS

AB No 1904Block Butler and

Professions and vocationslicenses

LOCATION

Cookmilitary spouses temporary

TYPE OF BILL

SEN

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyAppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpub11-12billasmab _1901-1950ab _1904_ bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes Noes OOPASS17

An act to add Section 1155 to the Business andProfessions Code relating to professions and vocationsand making an appropriation therefor

-

AB 1588 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1588AUTHOR(S) Atkins (Principal coauthors Cook and Nielsen)

(Coauthors Block Beth Gaines Pan V Manuel PerezWilliams and Yamada)

TOPIC Professions and vocations reservist licensees fees andcontinuing education

HOUSE LOCATION SEN+LAST AMENDED DATE 03052012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS forLAST

LAST

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

TITLE An act to add Section 1143 to the Business andProfessions Code relating to professions and vocations

htlpllwwwleginfocagovpubll-12Ibillasmlab _1551-1600ab _1588 _bill_20120601_statu 652012

middot

AMENDED IN ASSEMBLY MARCH 5 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1588

Introduced by Assembly Member Atkins(Principal coauthors Assembly Members Cook and Nielsen)

(Coauthors Assembly Members Block Beth Gaines PanV Manuel Perez Williams and Yamada)

February 6 2012

An act to add Section 1143 to the Business and Professions Coderelating to professions and vocations

LEGISLATIVE COUNSELS DIGEST

AB 1588 as amended Atkins Professions and vocations reservistlicensees fees and continuing education

Existing law provides for the regulation of various professions andvocations by boards commissions or bureaus within the Departmentof Consumer Affairs and for the licensure or registration of individualsin that regard Existing law authorizes any licensee whose licenseexpired while he or she was on active duty as a member of the CaliforniaNational Guard or the United States Armed Forces to reinstate his orher license without examination or penalty if certain requirements aremet

This bill would require the boards commissions or bureaus describedabove to waive the renewal fees and continuing education requirementsif either is applicable of any licensee or registrant who is a reservistcalled to active duty as a member of the United States Military Reserveor the California National Guard if certain requirements are met

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

98

AB 1588 -2-

Thepeople of the State of Califomi a do enact asfollows

1 SECTION 1 Section 1143 is added to the Business and2 Professions Code to read3 1143 Notwithstanding any other provision oflaw everyboard4 commission or bureau within the department shall waive the5 renewal fees and continuing education requirements if either is6 applicable for any licensee or registrant who is a reservist called7 to active duty as a member of the United States Military Reserve8 or the California National Guard if all of the following9 requirements are met

10 (a) The licensee or registrant was in good standing with the11 board commission or bureau at the time the reservist was called12 to active duty13 (b) The renewal fees or continuing education requirements are14 waived only for the period during which the reservist is on active15 duty service16 (c) The active duty reservist or the active duty reservists spouse17 or registered domestic partner provides written notice satisfactory18 to the board commission or bureau that substantiates the19 reservists active duty service

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AB 1896 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1896AUTHOR(S) ChesbroTOPIC Tribal health programs health care practitionersHOUSE LOCATION SEN+LAST AMENDED DATE 03272012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATIONCOMM ACTION DATECOMM ACTIONCOMM VOTE SUMMARY

ASM

05172012Referred to Com on B P amp EDBUSINESS PROFESSIONS AND CONSUMER PROTECTION04102012

Do passAyes 09 Noes OOPASS

TITLE An act to amend the heading of Article 10 (commencingwith Section 710) of Chapter 1 of Division 2 of and toadd Section 719 to the Business and Professions Coderelating to healing arts

httpwwwleginfocagovpubI11-12lbillasmab_1851-1900ab_1896_bill_20120517 _statu 652012

-

AMENDED IN ASSEMBLY MARCH 27 2012

CALIFORNIA LEGISLATURE-20II-12 REGULAR SESSION

ASSEMBLY BILL No 1896

Introduced by Assembly Member Chesbro

February 222012

An act to amend the heading of Article 10 (commencing with Section710) of Chapter 1 of Division 2 of and to add Section 719 to theBusiness and Professions Code relating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1896 as amended Chesbro Tribal health programs health carepractitioners

Under existing federal law licensed health professionals employedby a tribal health program are required to be exempt if licensed in anystate from the licensing requirements of the state in which the tribalhealth program performs specified services A tribal health program isdefined as an Indian tribe or tribal organization that operates any healthprogram service function activity or facility funded in whole or partby the Indian Health Service

Existing law provides for the licensure and regulation of health carepractitioners by various healing arts boards within the Department ofConsumer Affairs

This bill would codify that federal requirement by specifying that aperson who is licensed as a health care practitioner in any other stateand is employed by a tribal health program is exempt from any statelicensing requirement with respect to acts authorized under thepersonslicense where the tribal health program performs specified services

Vote majority Appropriation no Fiscal committee noState-mandated local program no

98

AD 1896 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 The heading of Article 10 (commencing with2 Section 710) of Chapter 1 of Division 2 of the Business and3 Professions Code is amended to read456789

101112131415161718192021

Article 10 Federal Personnel and Tribal Health Programs

SEC 2 Section 719 is added to the Business and ProfessionsCode to read

719 (a) A person who is licensed as a health care practitionerin any other state and is employed by a tribal health program asdefined in Section 1603 of Title 25 of the United States Code shallbe exempt from any licensing requirement described in this divisionwith respect to acts authorized under the persons license wherethe tribal health program performs the services described in thecontract or compact of the tribal health program under the IndianSelf-Determination and Education Assistance Act (25 USC Sec450 et seq)

(b) For purposes of this section health care practitioner meansany person who engages in acts that are the subject of licensureor regulation under this division or Ml) initiative 8et referred to inthis division the law of any other state

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CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1904

Introduced by Assembly Members Block Butler and Cook

February 222012

An act to add Section 1155 to the Business and Professions Coderelating to professions and vocations and making an appropriationtherefor

LEGISLATIVE COUNSELS DIGEST

AB 1904 as introduced Block Professions and vocations militaryspouses temporary licenses

Existing law provides for the licensure and regulation of variousprofessions and vocations by boards within the Department of ConsumerAffairs Existing law provides for the issuance of reciprocal licenses incertain fields where the applicant among other requirements has alicense to practice within that field in another jurisdiction as specifiedUnder existing law licensing fees imposed by certain boards withinthe department are deposited in funds that are continuously appropriated

This bill would authorize a board within the department to issue atemporary license to an applicant who among other requirements holdsan equivalent license in another jurisdiction as specified and is marriedto or in a legal union with an active duty member of the Armed Forcesofthe United States who is assigned to a duty station in California underofficial active duty military orders The bill would require a board toexpedite the process for issuing these temporary licenses The bill wouldrequire the applicant to pay any fees required by the board and wouldrequire that those fees be deposited in the fund used by the board toadminister its licensing program To the extent that the bill would

99

AB 1904 -2-

increase the amount of money deposited into a continuously appropriatedfund the bill would make an appropriation

Vote majority Appropriation yes Fiscal committee yesState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 1155 is added to the Business and2 Professions Code to read3 1155 (a) A board within the department may issue a4 temporary license to an applicant who meets all of the following5 requirements6 (l) Submits an application in the manner prescribed by the7 board8 (2) Supplies evidence satisfactory to the board that the applicant9 is married to or in a domestic partnership or other legal union

10 with an active duty member of the Armed Forces of the United11 States who is assigned to a duty station in this state under official12 active duty military orders13 (3) Holds a current license in another state district or territory14 of the United States with the requirements that the board determines15 are substantially equivalent to those established under this code16 for that occupation17 (4) Has not committed an act in anyjurisdiction that would have18 constituted grounds for denial suspension or revocation of the19 license under this code at the time the act was committed20 (5) Has not been disciplined by a licensing entity in another21 jurisdiction and is not the subject of an unresolved complaint22 review procedure or disciplinary proceeding conducted by a23 licensing entity in another jurisdiction24 (6) Pays any fees required by the board Those fees shall be25 deposited in the applicable fund or account used by the board to26 administer its licensing program27 (7) Submits fingerprints and any applicable fingerprinting fee28 in the manner required of an applicant for a regular license29 (b) A board shall expedite the procedure for issuing a temporary30 license pursuant to this section31 (c) A temporary license issued under this section shall be valid32 for 180 days except that the license may at the discretion of the

99

-3- AB 1904

I board be extended for an additional180-day period on application2 of the license holder3 (d) A board may adopt regulations necessary to administer this4 section

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AB 1932 Assembly Bill Status

MEASURE AUTHOR(S)TOPICHOUSE+LAST

CURRENT BILL STATUS

AB No 1932Gorell (Coauthor Cook)

United States armed services healing arts boardsLOCATION SENAMENDED DATE 04172012

TYPE OF BILL

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

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httpwwwleginfocagovpubI11-12Ibillasmab_1901-1950ab_1932_bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

An act to add Section 7102 to the Business andProfessions Code relating to healing arts

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AMENDED IN ASSEMBLY APRIL 172012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1932

Introduced by Assembly Member-Ceek Gorell(Coauthor Assembly Member Cook)

February 222012

An act to add Section 7102 to the Business and Professions Coderelating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1932 as amended euroook Gorell United States armed serviceshealing arts boards

Existing law provides for the licensure and regulation of varioushealing arts professions and vocations by boards within the Departmentof Consumer Affairs Existing law requires the rules and regulations ofthese healing arts boards to provide for methods of evaluating educationtraining and experience obtained in military service if such training isapplicable to the requirements of the particular profession or vocationregulated by the board Under existing law the Department of VeteransAffairs has specified powers and duties relating to various programsserving veterans

This bill would require by January 12014 and annually thereafterevery healing arts board to issue a specified written report to theDepartment of Veterans Affairs and the Legislature as specified thatclearly details the methods of evaluating the education training andexperience obtained in military service and whether that educationtraining and experience is applicable to the boards requirements forlicensure The bill would declare the intent of the Legislature in thisregard

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AB 1932 -2-

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 710 of the Business and Professions Code2 was enacted in 1969 and because healing arts boards have not3 demonstrated significant compliance with that section it is the4 intent of the Legislature to establish an annual reporting5 requirement to compel these boards to provide information about6 the methods of evaluating education training and experience7 obtained in military service in order to meet the needs of the8 upcoming wave of armed service members returning to civilian9 life

10 SEC 2 Section 7102 is added to the Business and Professions11 Code to read12 7102 (a) By January 12014 and annually thereafter every13 healing arts board described in this division shall issue a written14 report to the Department of Veterans Affairs and to the Legislature15 that clearly details the methods of evaluating the education16 training and experience obtained in military service and whether17 that education training and experience is applicable to the boards18 requirements for licensure This written report shall include but19 not be limited to quantitative information about the number of20 service members who have applied for and have used their military21 education training and experience to fulfill the boards22 requirements for licensure23 (b) (1) The requirement to submit a report to the Legislature24 under subdivision (a) shall be inoperative on January 1 201825 pursuant to Section 102315 of the Government Code26 (2) A report to the Legislature shall be submitted in compliance27 with Section 9795 of the Government Code

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Page 6: DISCUSSION ANDPOSSIBLE ACTION REGARDING PENDING … · 2012-06-14  · Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of2010 (PublicLaw 111-152)

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(3) This section shall not be construed to mean that the servicesrequired to be covered pursuant to this section are not requiredto be covered under other provisions of this chapterffl(4) This section shall not be construed as affecting litigation

that is pending on January 12012(h) On and after Jalttlllry 1 2014 to the extent that this seetion

reqttires health henefits to he pt0 vided that ellteeedthe essenti8lhealth henefits reqtlired to he pro vided tmder Seetion 1302(h) ofthe federal Patient Proteetion and Affordable CMe Aet (Ptth1ieLaw 111 148) as amended h the federal He8lth Cate andEdtteation Reeoneiliation Aet of 2010 (Ptlhlie La~v 111 152) hyqtl8lifiedhe8lth plans offering those henefits in the CalifomiaHealth Benefit ElltehangeptlfStl8lltto Title 22 (eommeneing vvithSeetion 100500) of the Government Code the speeifie henefitsthat ellteeedthe federaU reqtlired essential health henefits are notreqttired to he pro vided hen offered h a health eat e sen iee planeontIaet thrOtlgh the ElltehangeHowe-fer those speeifie henefitsMereqtlired to he pro vided if offered h a health eMe sen iee planeontraet otltside of the Elltehange

(h) Notwithstanding subdivision (a) on and after January 12014 this section does not require any benefits to beprovided thatexceed the essential health benefits that all health plans will berequired byfederal regulations to provide under Section 1302(b)of the federal Patient Protection and Affordable Care Act (PublicLaw 111-148) as amended by the federal Health Care andEducation Reconciliation Act of2010 (Public Law 111-152)

(i) As used in this section the following tenus shall have thefollowing meanings

(1) Atltism speetunn disorder means a nettrohiologiealeondition that inelttdes 8ttistiedisorder Aspergers disorder Rettsdisorder ehildhood disintegtative disorder and penasivedeielopment8l disorder not othenv ise speeified

(2) Behavioral health treatment me8fiSprofessional senieesand treatment progt ams ineltlding heh8gtioml inten ention thetapy81plied heh8iioral analysis and other intensive hehavioralprograms that have demonstrated eftieae to develop maintainor restore to the m8lltimttmellttentpraetieable the ftmetioning orqtla1iryof life of an individttal and that have been demonstrated

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to trettt the eore symptoms ttssoeittted Wvith tttttism speetrumdisorder

(3) Behtt iorttl intervefttion therttpy meMS the designimplementMion Md ettltltttion of enironmentttl modifietttionstlsing behtt iorM stimttli Md eonseqtlenees to prodttee soeittllysignifiettftt impro vement in behtt iors inelttding the tlse of direetobsen tttion mettstlfement ttnd fttnetionM ttnMyses of thereltttionship beh een engtironment Md behtt iorf41(1) Diagnosis of tttttism speetrum disoIders pervasive

developmental disorder or autism means medically necessaryassessment evaluations or tests to diagnose whether an individualhas one of the tttttism speetmm disoIders pervasive developmentaldisorder or autism

(5) E idenee bttsed resettreh mettns resettreh thttt ttppliesrigorotls sy stemtttie md obj eeti bulle proeedtlres to obtttin bullttlidknovvledge rek4ttnt to tttttism speetmm disorders

(2) Pervasive developmental disorder or autism shall havethe same meaning and interpretation as used in Section 137472

(3) Pharmacy care means medications prescribed by a licensedphysician and surgeon or other appropriately licensed or certifiedprovider and any health-related services deemed medicallynecessary to determine the need or effectiveness of the medications

e1(4) Psychiatric care means direct or consultative psychiatric

services provided by a psychiatrist or ttftY other ttppropritttelylieensed or eertified proider licensed in the state in which he orshe practices

t81(5) Psychological care means direct or consultative

psychological services provided by a psychologist or ttny otherftPpropritttely lieensed or eertified pro ider licensed in the state inwhich he or she practices

(9) Qtlttlified tttttism sen iee pro dder shttll inelttde Myntttionttlly or stttte lieensed or eertified person entity or grottp thtttdesigns sttpervises or pro) ides tretttment of tttttism speetntmdisorders Md the ttnlieensed persoflftel sttpervised by the lieensedor eertified person entity or gIOtlp proided the seniees ttreWvithinthe expeIienee md seope of prttetiee of the lieensed or

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AD 171 -6-

eertified person entity or grottp Qualified atltism senieeprolider shall also inelttde llft)serviee prot idef that is venaorizedby a regional eenter to pro vide those same seniees for fltltismspeetrttm disorders under DF~ision45 (eommeneing with Seetion4500) of the WeUftre and Instittttions Code or Title 14(eommeneing with Seetion 95000) of the GOvernment Code tmdthe ttnlieensed personnel sttpen ised b that pro vider or a StateDepMtment of Edtleation nonpttblie nonseetMitm agenq asdefined in Seetion 56035 of the Edtteation Code llpproved topro vide those same sen iees for fltltismspeetl tlm disorders and thettnlieensed personnel supen ised b that agene A qttalifiedfltltismseniee prOvider shall enstlfe eriminal baekgrotmdsereening tmdfingerprinting and adeqttate training and stlpenision of allpersonnel tltilizedto implement serviees Any nationallieense oreertifieation reeognizedby this seetion shaH be aeeredited by theNational Commission for Certiryi~ Agencies ~mCA)

fW1(6) Therapeutic care means services provided by a licensed

or certified speech therllpists therapist an occupational therllpiststherapist or a physical therllpists or tmy other llppropriatelylieensed or eertified pro vider therapist

fH1(7) Treatment for fltltism speetrttm disorders pervasive

developmental disorder or autism means all of the followingcare including necessary equipment that develops maintains orrestores to the maximum extent practicable the functioning orquality of life of an individual with pervasive developmentaldisorder or autism and is prescribed or ordered for an individualdiagnosed with one of the fltltism speetrttm disorders pervasivedevelopmental disorder or autism by a licensed physician andsurgeon or a licensed psychologist or an other llppropriatelylieensed or eertified pro vider who determines the care to bemedically necessary

(A) Behavioral health treatlnent(B1(A) Pharmacy care if the plan contract includes coverage for

prescription drugseuro1(B) Psychiatric care(B1

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(C) Psychological care$1(D) Therapeutic care(F) Aft) eMe flt)rindi vidttals vvith tttttism sleetmm dis6rders

that is dem6nstrated based tlf6n best Ilaetiees 6r evidenee basedreseMeh t6 be medieaH) neeessary

(8) Treatmentfor pervasive developmental disorder or autismdoes not include behavioral health treatment as defined in Section137473

(j) This section with the exception of subdivision (b) shall notapply to dental-only or vision-only health care service plancontracts

SEC 2 Section 10144511014453 is added to the InsuranceCode to read

10144511014453 (a) Everyhealthinsurancepolicyissuedamended

or renewed on or after January 1 2012 2013 that provideshospital medical or surgical coverage shall provide coverage forthe screening diagnosis and treatment of atltism sleetmmdis6rders pervasive developmental disorder or autism

(b) A health insurer shall not terminate coverage or refuse todeliver execute issue amend adjust or renew coverage to aninsured solely because the individual is diagnosed with or hasreceived treatment for Mt Mttism sleetmm dis6rder pervasivedevelopmental disorder or autism

(c) Coverage required to be provided under this section shallextend to all medically necessary services and shall not be subjectto any limits regarding age number of visits or dollar amountsCoverage required to be provided under this section shall not besubject to provisions relating to lifetime maximums deductiblescopayments or coinsurance or other terms and conditions that areless favorable to an insured than lifetime maximums deductiblescopayments or coinsurance or other terms and conditions thatapply to physical illness generally under the policy

(d) Coverage required to be provided under this section is ahealth care service and a covered health care benefit for purposesof this part Coverage shall not be denied on the basis of thelocation of delivery of the treatment or on the basis that thetreatment is habilitative nonrestorative educational academic orcustodial in nature

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AB 171 -8-

(e) A health insurer may request no more than once annuallya review of treatment provided to an insured for tttttism speetfllftidisorders pervasive developmental disorder or autism The costof obtaining the review shall be borne by the insurer Thissubdivision does not apply to inpatient services

(f) A health insurer shall establish and maintain an adequatenetwork of qualified tttttism service providers with appropriatetraining and experience in atttism speetmm disorders pervasivedevelopmental disorder or autism to ensure that insureds have achoice of providers and have timely access continuity of careand ready referral to all services required to be provided by thissection consistent with Sections 101335 and 1013355 and theregulations adopted pursuant thereto

(g) (1) This section shall not be construed as reducing anyobligation to provide services to an insured under an individualizedfamily service plan an individualized program plan a preventionprogram plan an individualized education program or anindividualized service plan

(2) This section shall not be construed as limiting or excludingbenefits that are otherwise available to an enrollee under a healthinsurance policy including but not limited to benefits that arerequired to be covered under Sections 101445 and 1014451

(3) This section shall not be construed to mean that the servicesrequired to be covered pursuant to this section are not requiredto be covered under other provisions of this chapter

f31(4) This section shall not be construed as affecting litigation

that is pending on January 12012(h) On ttnd after JMltlttry12014 to the extent that this seetion

reqtlires health benefits to be 110 vided that exeeed the essentittlhettlth benefits Ieqtlired to be provided tmder Seetion 1302(b) ofthe federal Patient Proteetion and Apoundfordable CMe Aet (PtlblieLal9 III 148) as amended b the federal Health CMe ttndEdtteation Reeoneiliation Aet of 2010 (Pttblie La bullbull III 152) byqualified hettlth plttns otIering those benefits in the CaliforniaHealth Benefit Exehttnge ptlfStltlntto Title 22 (eommeneing bullbullithSeetion 100500) of the GOvemment Code the speeifie benefitsthat exeeed the federally reqtlired essential health benefits Me notreqt1ired to be pro vided 17 hen otIered b a health instlIttneepolieytftrotlgh the Exehttnge However those speeifle benefits Me

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-9- AB 171

reqtlired to be pIovided if otIered b~ a health iftsttIfmee polieyotltside of the Exehflftge

(h) Notwithstanding subdivision (a) on and after January 12014 this section does not require any benefits to beprovided thatexceed the essential health benefits that all health plans will berequired byfederal regulations to provide under Section 1302(b)of thefederal Patient Protection and Affordable Care Act (PublicLaw 111-148) as amended by the federal Health Care andEducation Reconciliation Act of 2010 (Public Law 111-152)

(i) As used in this section the following terms shall have thefollowing meanings

(1) Atttism speetIttm disorder meflftS a ftettrobiologieaeoftditioft thM ifteltldes atttistie disorder AspergeIs disorder Rertsdisorder ehildhood disiffiegrMi ve disorder flftd per- asivede velopmemal disorder ftot otheIvise speeified

(2) Dehav iora health treatmem meflftS professioftal servieesand treatmem pf6grMlls ineluding beha vioral intergtentioft therapyapplied beha vioral flft~ sis flftd other imeftsi ve beha vioraprograms thM ha ve demonstrated effie~ to de velop maiffifliftor restore to the maximttm extem pIaetieable the fttftetioftiftg orquality of life of aft individttal and thM have beeft demoftstrMedto treat the eore s~mptoms assoeiMed fv ith atttism speetrumdisorder

(3) Dehavioral imer-efttioft thera~ meaftS the desigftimplememMioft flftd eJalttMioft of eftviromnemal modifieMioftsusiftg behavioral stimuli flftd eoftseqtleftees to produee soeiallysigftifieam improvement ift behflviOfs ifteludiftg the use of direetobser- Mioft meastlI emem flftd fuftetional flftaryses of therelMioftship betveen en viromneftt flftd beha viorf41(1) Diagnosis of atltism speetrtlm disoIders pervasive

developmental disorder or autism means medically necessaryassessment evaluations or tests to diagnose whether an individualhas ofte of the atltism speetrtim disorders pervasive developmentaldisorder or autism

(5) Evidenee based researeh meaftS research that appliesrigorotls s~stemMie and obj eetive proeedttres to obtaift validkftowledge re1eam to atttism speetrtlm disorders

(2) Pervasive developmental disorder or autism shall havethe same meaning and interpretation as used in Section 137472

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t61(3) Pharmacy care means medications prescribed by a licensed

physician and surgeon or other appropriately licensed or certifiedprovider and any health-related services deemed medicallynecessary to determine the need or effectiveness of the medications

ffl(4) Psychiatric care means direct or consultative psychiatric

services provided by a psychiatrist or ftny other ftlpropritttelylieensed or eertified pro vider licensed in the state in which he orshe practices

t81(5) Psychological care means direct or consultative

psychological services provided by a psychologist or fm)i otherflPproprifttely lieensed or eertified provider licensed in the state inwhich he or she practices

(9) Quftlified fttltism serviee provider shftll inelude ftftyntttionftlry or stttte lieensed or eertified person entity or gIOtlp thtttdesigns sttpeIv ises or pro vides trefttment of fttttism speetI mndisorders ftndthe tlftlieensed pel sonnel Stlpen ised b the lieensedor eertified person entity or grotlp pro vided the sen iees Mefv ithin the experienee ftnd seope of prftetiee of the lieensed oreertified person entity or grotlp Qtlftlified fttltism senieepm vider shftllmso include ftft serviee pro vider thttt is vendorizedb ftregionM eenter to pro vide those sftme sen iees fur fttltismspeetrttm disorders tlftder DiVisioft 45 (eommeneiftg with Seetion4588) of the WeIfMe ftftd Instittttions Code or Title 14(eommefteiftg vvith Seetion 95888) of the GOvernment Code ftftdthe tlftlieensed personnel stlpen ised b thftt pro vider 01 ftStttteDepMtment of Edtlefttion nonpttblie ftonseetftriftft ftgene ftSdefifted in Seetioft 56835 of the Edtletttion Code flPProved 16pro vide those SMIlesen iees fuI fttltism speetrttm disorders and thetlftlieensed personnel supen ised b thttt ftgene A qttft1ifiedfttltismsen ice pro vider shftll ensttre eriminm bftekgrotlftd sereening ftftdfingerprintiftg ftftd ftdequttte trftining ftftd Stlpen isioft of allpersonnel tttilized to implement sen iees An ntttionftllieense oreertifietttion reeogftized b this seetion shftllbe fteeredited by theNtttioftm Commission fur Certifyiftg Agencies (NCCA)

fWt(6) Therapeutic care means services provided by a licensed

or certified speech therftlists therapist an occupational therftpists

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therapist or a physical therapists ~r an) ~ther appropriatelylieensed ~r eertihed pr~ bullbullider therapist

tH1(7) Treatment for atrtism speetmm dis~rders pervasive

developmental disorder or autism means all of the followingcare including necessary equipment that develops maintains orrestores to the maximum extent practicable the functioning orquality of life of an individual with pervasive developmentaldisorder or autism and is prescribed or ordered for an individualdiagnosed with ~ne ~f the atttism speetmm dis~Iders pervasivedevelopmental disorder or autism by a licensed physician andsurgeon or a licensed psychologist ~r an) ~ther appIopIiMelyHeensed ~r eertihed pr~vider who determines the care to bemedically necessary

(A) Behlh i~r8lhealth treatmenttB1(A) Pharmacy care if the policy includes coverage for

prescription drugsfeuro7(B) Psychiatric caretB1(C) Psychological care(E1(D) Therapeutic care(F) Any eare fur indi viduals Vol ith autism speetrum dis~rders

thM is dem~nstrMed based up~n best praetiees ~r evidenee basedreseareh t~ be mediealry neeessary

(8) Treatmentfor pervasive developmental disorder or autismdoes not include behavioral health treatment as defined in Section1014451

U) This section with the exception of subdivision (b) shall notapply to dental-only or vision-only health insurance policies

SEC 3 No reimbursement is required by this act pursuant toSection 6 of Article XIII B of the California Constitution becausethe only costs that may be incurred by a local agency or schooldistrict will be incurred because this act creates a new crime orinfraction eliminates a crime or infraction or changes the penaltyfor a crime or infraction within the meaning of Section 17556 ofthe Government Code or changes the definition of a crime within

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AB 374 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASUREAUTHOR (S)TOPICHOUSE+LAST

AB NoHayashi

AthleticLOCATIONAMENDED DATE

374

SENOS272011

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

the request ofCOMM LOCATION

06162011In committee

authorSEN BUSINESS

Set first hearing Hearing canceled at

PROFESSIONS AND ECONOMIC DEVELOPMENT

TITLE An act to add Chapter 27 (commencing with Section18898) to Division 8 of the Business and ProfessionsCode relating to athletic trainers

httpwwwleginfocagovpub11-12billasmab_0351-0400ab_374_bill_20 652012

AB 386 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 386AUTHOR(S) GalgianiTOPIC Prisons telehealth systems+LAST AMENDED DATE 05112011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to add Section 50233 to the Penal Code relatingto prisoners

httpwww1eginfocagovpubI11-12lbillasmab_ 0351-0400ab _386_ bill_20120201_status 652012

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AB 439 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPICHOUSE+LAST

AB No 439Skinner

Health care informationLOCATION SENAMENDED DATE 06282011

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 07052011LAST HIST ACTION In committee Set first hearing Held without

recommendationCOMM LOCATION SEN JUDICIARY

TITLE An act to amend Section 5636 of the Civil Coderelating to health care information

httpwwwleginfocagovpub11-12billasmab_0401-0450ab _439 _bill_20120509 _status 652012

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AMENDED IN SENATE JUNE 28 2011

AMENDED IN ASSEMBLY MAY 182011

AMENDED IN ASSEMBLY APRIL 7 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 439

Introduced by Assembly Member Skinner

February 142011

An act to amend Section 5636 of the Civil Code relating to healthcare information

LEGISLATIVE COUNSELS DIGEST

AB 439 as amended Skinner Health care informationExisting law the Confidentiality of Medical Information Act (CMIA)

prohibits a health care provider a contractor or a health care serviceplan from disclosing medical information as defined regarding a patientof the provider or an enrollee or subscriber of the health care serviceplan without first obtaining an authorization except as specified Inaddition to other remedies available existing law authorizes anindividual to bring an action against any person or entity who hasnegligently released his or her confidential records in violation ofthoseprovisions for nominal damages of$lOOO

This bill would specify that in an action brought on or after January1 2012 a court may not award nominal damages if the defendantestablishes specified factors as an affirmative defense including butnot limited to that it is a covered entity as defined and has compliedwith any obligations to notify persons entitled to receive notice regardingthe release of the information The bill would also make a technicalnonsubstantive change

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AB439 -2-

Vote majority Appropriation no Fiscal committee noState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 5636 of the Civil Code is amended to2 read3 5636 (a) Any violation of the provisions of this part that4 results in economic loss or personal injury to a patient is punishable5 as a misdemeanor6 (b) In addition to any other remedies available at law any7 individual may bring an action against any person or entity who8 has negligently released confidential information or records9 concerning him or her in violation of this part for either or both

10 of the following11 (1) Except as provided in subdivision (e) nominal damages of12 one thousand dollars ($1000) In order to recover under this13 paragraph it shall not be necessary that the plaintiff suffered or14 was threatened with actual damages15 (2) The amount of actual damages if any sustained by the16 patient17 (c) (l) In addition any person or entity that negligently18 discloses medical information in violation of the provisions of this19 part shall also be liable irrespective of the amount of damages20 suffered by the patient as a result of that violation for an21 administrative fine or civil penalty not to exceed two thousand22 five hundred dollars ($2500) per violation23 (2) (A) Any person or entity other than a licensed health care24 professional who knowingly and willfully obtains discloses or25 uses medical information in violation of this part shall be liable26 for an administrative fine or civil penalty not to exceed twenty-five27 thousand dollars ($25000) per violation28 (B) Any licensed health care professional who knowingly and29 willfully obtains discloses or uses medical information in violation30 of this part shall be liable on a first violation for an administrative31 fine or civil penalty not to exceed two thousand five hundred32 dollars ($2500) per violation or on a second violation for an33 administrative fine or civil penalty not to exceed ten thousand34 dollars ($10000) per violation or on a third and subsequent35 violation for an administrative fine or civil penalty not to exceed

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twenty-five thousand dollars ($25000) per violation Nothing inthis subdivision shall be construed to limit the liability of a healthcare service plan a contractor or a provider of health care that isnot a licensed health care professional for any violation of thispart

(3) (A) Any person or entity other than a licensed health careprofessional who knowingly or willfully obtains or uses medicalinformation in violation of this part for the purpose of financialgain shall be liable for an administrative fine or civil penalty notto exceed two hundred fifty thousand dollars ($250000) perviolation and shall also be subject to disgorgement of any proceedsor other consideration obtained as a result of the violation

(B) Any licensed health care professional who knowingly andwillfully obtains discloses or uses medical information in violationofthis part for financial gain shall be liable on a first violation foran administrative fine or civil penalty not to exceed five thousanddollars ($5000) per violation or on a second violation for anadministrative fine or civil penalty not to exceed twenty-fivethousand dollars ($25000) per violation or on a third andsubsequent violation for an administrative fine or civil penalty notto exceed two hundred fifty thousand dollars ($250000) perviolation and shall also be subject to disgorgement of any proceedsor other consideration obtained as a result ofthe violation Nothingin this subdivision shall be construed to limit the liability of ahealth care service plan a contractor or a provider of health carethat is not a licensed health care professional for any violation ofthis part

(4) Nothing in this subdivision shall be construed as authorizingan administrative fine or civil penalty under both paragraphs (2)and (3) for the same violation

(5) Any person or entity who is not permitted to receive medicalinformation pursuant to this part and who knowingly and willfullyobtains discloses or uses medical information without writtenauthorization from the patient shall be liable for a civil penalty notto exceed two hundred fifty thousand dollars ($250000) perviolation

(d) In assessing the amount of an administrative fine or civilpenalty pursuant to subdivision (c) the Office of HealthInformation Integrity licensing agency or certifying board orcourt shall consider anyone or more of the relevant circumstances

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AB439 -4-

presented by any of the parties to the case including but not limitedto the following

(1) Whether the defendant has made a reasonable good faithattempt to comply with this part

(2) The nature and seriousness of the misconduct(3) The harm to the patient enrollee or subscriber(4) The number of violations(5) The persistence of the misconduct(6) The length of time over which the misconduct occurred(7) The willfulness of the defendants misconduct(8) The defendants assets liabilities and net worth(e) (1) In an action brought by an individual pursuant to

subdivision (b) on or after January 12012 the court shall awardany actual damages and reasonable attorneys fees and costs butmay not award nominal damages for a violation of this part if thedefendant establishes all of the following as an affirmative defense

(A) The defendant is a covered entity as defined in Section160103 of Title 45 of the Code of Federal Regulations

(B) The defendant has complied with any obligations to notifyall persons entitled to receive notice regarding the release of theinformation or records

(C) The release of confidential information or records was solelyto another covered entity

(D) The defendant took appropriate preventive actions to protectthe confidential information or records against release retentionor use by any person or entity other than the covered entity thatreceived the information or records including but not limited to

(i) Developing and implementing security policies andprocedures

(ii) Designating a security official who is responsible fordeveloping and implementing its security policies and proceduresincluding educating and training the workforce

(iii) Encrypting the information or records and protectingagainst the release or use of the encryption key and passwords ortransmitting the information or records in a manner designed toprovide similar protections against improper disclosures

(E) The defendant took appropriate corrective action after therelease of the confidential records or information and the coveredentity that received the information or records immediatelydestroyed or returned the information or records

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(F) The covered entity that received the confidential informationor records did not retain use or release the information or records

(G) The defendant has not Ifeviettsl) vielateti this IMt ef inthe eettrls tiisefetieft tieslite the Ifief vielatieftbeenfound liablefor a violation of this part within the three years preceding thealleged violation or the court determines that application of theaffirmative defense is found to be compelling and consistent withthe purposes ofthis section to promote reasonable conduct in lightof all the facts

(2) In an action under this subdivision a plaintiff shall beentitled to recover reasonable attorneys fees and costs withoutregard to an award of actual or nominal damages

(3) A defendant shall not be liable for more than one judgmenton the merits for a violation of this subdivision

(f) (1) The civil penalty pursuant to subdivision (c) shall beassessed and recovered in a civil action brought in the name of thepeople of the State of California in any court of competentjurisdiction by any of the following

(A) The Attorney General(B) Any district attorney(C) Any county counsel authorized by agreement with the

district attorney in actions involving violation of a countyordinance

(D) Any city attorney of a city(E) Any city attorney of a city and county having a population

in excess of 750000 with the consent of the district attorney(F) A city prosecutor in any city having a full-time city

prosecutor or with the consent of the district attorney by a cityattorney in any city and county

(G) The Director of the Office of Health Information Integritymay recommend that any person described in subparagraphs (A)to (F) inclusive bring a civil action under this section

(2) If the action is brought by the Attorney General one-halfofthe penalty collected shall be paid to the treasurer of the countyin which the judgment was entered and one-half to the GeneralFund If the action is brought by a district attorney or countycounsel the penalty collected shall be paid to the treasurer of thecounty in which the judgment was entered Except as provided inparagraph (3) if the action is brought by a city attorney or cityprosecutor one-half of the penalty collected shall be paid to the

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AB439 -6-

1 treasurer of the city in which the judgment was entered and one-half2 to the treasurer of the county in which the judgment was entered3 (3) If the action is brought by a city attorney of a city and4 county the entire amount of the penalty collected shall be paid to5 the treasurer of the city and county in which the judgment was6 entered7 (4) Nothing in this section shall be construed as authorizing8 both an administrative fine and civil penalty for the same violation9 (5) Imposition of a fine or penalty provided for in this section

10 shall not preclude imposition of any other sanctions or remedies11 authorized by law12 (6) Administrative fines or penalties issued pursuant to Section13 128015 of the Health and Safety Code shall offset any other14 administrative fine or civil penalty imposed under this section for15 the same violation16 (g) For purposes of this section knowing and willful shall17 have the same meanings as in Section 7 of the Penal Code18 (h) No person who discloses protected medical information in19 accordance with the provisions of this part shall be subject to the20 penalty provisions of this part

o

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AB 518 Assembly Bill Status Page I of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPICHOUSE+LAST

AB No 518Wagner

Elder and dependentLOCATION SENAMENDED DATE

adult abuse mandated reporters

03232011

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATION

06062011In committee Hearing postponed by committee

SEN BANKING AND FINANCIAL INSTITUTIONS

TITLE An act to repeal Section 7480 of the Government Codeand to amend Section 156301 of and to amend and repealSections 15633 15634 15640 and 156555 of theWelfare and Institutions Code relating to elder anddependent adult abuse

httpwwwleginfocagovpubll-12Ibillasmab_ 0501-0550ab_518_bill_2011 0615_status 652012

-

AMENDED IN ASSEMBLY MARCH 23 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 518

Introduced by Assembly Member Wagner

February 152011

Aft aet to amend Seetion 156301 of the Welfare and InstittttionsCode relating to elder abtlse An act to repeal Section 7480 of theGovernment Code and to amend Section 156301 of and to amend andrepeal Sections 15633 15634 15640 and 156555 of the Welfare andInstitutions Code relating to elder and dependent adult abuse

LEGISLATIVE COUNSELS DIGEST

AB 518 as amended Wagner Elder and dependent adult abusemandated reporters

Existing law the Elder Abuse and Dependent Adult Civil ProtectionAct establishes procedures for the reporting investigation andprosecution of elder and dependent adult abuse including but notlimited to financial abuse as defined These procedures require personsdefined as mandated reporters to report known or suspected instancesof elder or dependent adult abuse A violation of the reportingrequirements by a mandated reporter is a misdemeanor Existing lawwhich will be repealed on January 12013 defines who is a mandatedreporter of suspected financial abuse of an elder or dependent adult Aviolation ofthe financial abuse reporting requirements is subject to civilpenalties

This bill would delete the January 1 2013 repeal date and makeconforming changes

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

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15

20

25

30

35

AB518 -2-

The people of the State of California do enact asfollows

1 SECTION 1 Section 7480 of the Government Code as2 amended by Section 2 of Chapter 234 of the Statutes of 2008 is3 repealed4 7480 Nothing in this ehapter prohibits an) of the following

(a) The dissemination of an) finaneial information that is not6 identified with or identifiable as being deri ved from the fiftMleial7 reeords of a partietllar etlstomer8 (b) When any poliee or sheriffs department or distriet attorney9 in this state eertines to a bank eredit tlftion or savin-gsassoeiation

in 4vritingthat a erime report has been filed that involves the11 alleged fratldttlent tlse of drafts eheeks or other orders drawfl12 tlJon MtY bank eredit tlftion or Sltv ings assoeiation in this state13 the poliee or sheriffs department or distriet attomey a eotlnty14 adttlt proteeti-ve sen iees oftiee 4vhen investigating the finaneial

abttse of an elder or dependent adttlt or a long term eare16 ombttdsman when investigating the finaneial abttse of an elder or17 dependent adttlt rna reqtlest a bank eredit tlftion or savings18 assoeiation to fttmish and a bank eredit tlftion or savings19 assoeiation shall fttmish a statement setting forth the folIowing

information with respeet to a etlstomer aeeotlnt speeified b) the21 reqttesting parry for a period 30 da s prior to and tlJ to 30 da) s22 following the date ofoeetnTenee of the alleged illegal aet invohin-g23 the aeeotlftt24 (1) The Itttftlber of items dishonored

(2) The nttmber of items paid that ereated Oierdrafts26 (3) The dollar volttme of the dishonored items and items paid27 whieh ereated overdrafts and a statement explaining an) eredit28 atTangementbetween the bank eredit tlftion or savin-gsassoeiation29 and etlstomer to pa) 0verdrafts

(4) The dates and amotlnts of deposits and debits and the aeeotlftt31 balanee on these dates32 (5) A eoJry of the signattlre eard inelttding the signattlre and33 an) addresses appearing on a etlstomers signattlre eard34 (6) The date the aeeottnt opened and ifapplieable the date the

aeeotlnt elosed36 (7) A bank eredit tlftion or saTvingsassoeiation that proiides37 the reqtlesting part) vvith eopies of one or more eomplete aeeottnt

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the taxpa er (2) the (iireet deposit refund bullbullas not rettlmed to theFranehise Tax Board and (3) the remnd TnaSdeposited direetlyon a speeifled date into the aeeotlftt of an aeeotmtholder of theflnaneial instittttion bullbullho bullbullas not entitled to reeei v e the refttndthen the flnaneial instittttion shall fttntish to the Franehise TaxBoard the name and address ofan eoo w ner eosigtter or an otherperson bullbullho had aeeess to the mnds in the aeeotlttt follo bullbulling thedate ofdiIeet deposit refund or if the aeeotmt has been dosed thename and address of the person bullbullho dosed the aeeOtlftt

(s) This seetion shall beeome operati v e on Jaftttary 1 2013SECTION 1SEC 2 Section 156301 of the Welfare and Institutions Code

is amended to read156301 (a) As used in this section mandated reporter of

suspected financial abuse of an elder or dependent adult meansall officers and employees of financial institutions

(b) As used in this section the term financial institution meansany of the following

(l) A depository institution as defined in Section 3(c) of theFederal Deposit Insurance Act (12 USC Sec 1813(c))

(2) An institution-affiliated party as defined in Section 3(u) ofthe Federal Deposit Insurance Act (12 USC Sec 1813(u))

(3) A federal credit union or state credit union as defined inSection 101 ofthe Federal Credit Union Act (12 USC Sec 1752)including but not limited to an institution-affiliated party of acredit union as defined in Section 206(r) of the Federal CreditUnion Act (12 USc Sec 1786(r))

(c) As used in this section financial abuse has the samemeaning as in Section 1561030

(d) (l) Any mandated reporter of suspected financial abuse ofan elder or dependent adult who has direct contact with the elderor dependent adult or who reviews or approves the elder ordependent adults financial documents records or transactionsin connection with providing financial services with respect to anelder or dependent adult and who within the scope of his or heremployment or professional practice has observed or hasknowledge of an incident that is directly related to the transactionor matter that is within that scope of employment or professionalpractice that reasonably appears to be financial abuse or whoreasonably suspects that abuse based solely on the information

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AB518 -12-

before him or her at the time of reviewing or approving thedocument record or transaction in the case of mandated reporterswho do not have direct contact with the elder or dependent adultshall report the known or suspected instance of financial abuse bytelephone immediately or as soon as practicably possible and bywritten report sent within two working days to the local adultprotective services agency or the local law enforcement agency

(2) When two or more mandated reporters jointly haveknowledge or reasonably suspect that financial abuse of an elderor a dependent adult for which the report is mandated has occurredand when there is an agreement among them the telephone reportmay be made by a member of the reporting team who is selectedby mutual agreement A single report may be made and signed bythe selected member of the reporting team Any member of theteam who has knowledge that the member designated to report hasfailed to do so shall thereafter make that report

(3) If the mandated reporter knows that the elder or dependentadult resides in a long-term care facility as defined in Section1561047 the report shall be made to the local ombudsman or locallaw enforcement agency

(e) An allegation by the elder or dependent adult or any otherperson that financial abuse has occurred is not sufficient to triggerthe reporting requirement under this section if both of the followingconditions are met

(1) The mandated reporter of suspected financial abuse of anelder or dependent adult is aware of no other corroborating orindependent evidence of the alleged financial abuse of an elder ordependent adult The mandated reporter of suspected financialabuse of an elder or dependent adult is not required to investigateany accusations

(2) In the exercise of his or her professional judgment themandated reporter of suspected financial abuse of an elder ordependent adult reasonably believes that financial abuse of anelder or dependent adult did not occur

(f) Failure to report financial abuse under this section shall besubject to a civil penalty not exceeding one thousand dollars($1000) or if the failure to report is willful a civil penalty notexceeding five thousand dollars ($5000) which shall be paid bythe financial institution that is the employer of the mandated

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reporter to the party bringing the action Subdivision (h) of Section15630 shall not apply to violations of this section

(g) (1) The civil penalty provided for in subdivision (f) shallbe recovered only in a civil action brought against the financialinstitution by the Attorney General district attorney or countycounsel No action shall be brought under this section by anyperson other than the Attorney General district attorney or countycounsel Multiple actions for the civil penalty may not be broughtfor the same violation

(2) Nothing in the Financial Elder Abuse Reporting Act of2005shall be construed to limit expand or otherwise modify any civilliability or remedy that may exist under this or any other law

(h) As used in this section suspected financial abuse of anelder or dependent adult occurs when a person who is requiredto report under subdivision (a) observes or has knowledge ofbehavior or unusual circumstances or transactions or a pattern ofbehavior or unusual circumstances or transactions that would leadan individual with like training or experience based on the samefacts to form a reasonable belief that an elder or dependent adultis the victim of financial abuse as defined in Section 1561030

(i) Reports of suspected financial abuse of an elder or dependentadult made by an employee or officer of a financial institutionpursuant to this section are covered under subdivision (b) of Section47 of the Civil Code

SEC 3 Section 15633 of the Welfare and Institutions Codeas amended by Section 5 of Chapter 140 of the Statutes of 2005is amended to read

15633 (a) The reports made pursuant to Sections 15630156301 and 15631 shall be confidential and may be disclosedonly as provided in subdivision (b) Any violation of theconfidentiality required by this chapter is a misdemeanorpunishable by not more than six months in the county jail by afine of five hundred dollars ($500) or by both that fine andimprisonment

(b) Reports of suspected abuse of an elder or dependent adultand information contained therein may be disclosed only to thefollowing

(1) Persons or agencies to whom disclosure of information orthe identity of the reporting party is permitted under Section156335

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(2) (A) Persons who are trained and qualified to serve onmultidisciplinary personnel teams may disclose to one anotherinformation and records that are relevant to the preventionidentification or treatment of abuse of elderly or dependentpersons

(B) Except as provided in subparagraph (A) any personnel ofthe multidisciplinary team or agency that receives informationpursuant to this chapter shall be under the same obligations andsubject to the same confidentiality penalties as the persondisclosing or providing that information The information obtainedshall be maintained in a manner that ensures the maximumprotection of privacy and confidentiality rights

(c) This section shall not be construed to allow disclosure ofany reports or records relevant to the reports of abuse of an elderor dependent adult if the disclosure would be prohibited by anyother provisions of state or federal law applicable to the reports orrecords relevant to the reports of the abuse nor shall it be construedto prohibit the disclosure by a financial institution of any reportsor records relevant to the reports of abuse of an elder or dependentadult if the disclosure would be required of a financial institutionby otherwise applicable state or federal law or court order

(d) This seetion shall remain in dIcet on) tmtilJantmry I 2813and as of that date is repealed unless a later enaeted statute thatis enaeted before JMlt1ary12813 deletes or extends that date

SEC 4 Section 15633 of the Welfare and Institutions Codeas added by Section 6 of Chapter 140 of the Statutes of 2005 isrepealed

15633 (a) The leports made ptlrstlMlt to Seetions 15638 and15631 shall be eonndential and may be diselosed on) as pro videdin stlbdivision (b) AIl) violation of the eonfidetttialrt reqtliredbythis ehapter is a misdemeanor ptlnishable bynot more than sixmoftths in the eounry jail b)l a nne ofn Vehundred dollars ($588)or byboth that nne and imprisonment

(b) Reports of stlspeeted elder 01 dependent adttlt abttse andinfenmation eontained therein may be diselosed only to thefollo vving

(1) Persons or ageneies to vvhomdiselostlfe of information orthe identity of the reporting pMty is permitted tlnder Seetion156335

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(2) EA) Persems who Me trftined Md qtlftlified to sene onmtlltidiseiplinftfjf persoflftel teftll1smfty diselose to one Mlotherinfermtttion Md reeords thftt Me relevflnt to the preventionidentifiefttion or trefttment of ftbttse of elderly or dependentpersons

EB) Exeept ftSpro vided in SMpMftgrftph EA) Mly personnel ofthe ftltlltidiseiplinftry teftftl or ftgeney thftt reeeives informfttionptlrstlftnt to this ehflPtel shftH he tinder the sftme ohligfttions ftndsttbjeet to the sftme eonfidentiftlity penftlties ftS the pelsondisdosing or pro viding thftt infermfttion The informfttion ohtftinedshftH he mftintftined in ft ftlftflfter thftt enstlfes the ftlftXimttmproteetion ofprivftey ftnd eonfidentiftlity rights

Ee) This seetion shftH not he eonstftled to ftHo diselostlfe ofMy reports or reeords rde vMit to the reports of elder or dependentftdttlt ftbttse if the disdostlfe votlld he prohibited hy My other110visions of stftte or federftllft bullbull ftppliefthle to the reports or reeordsrele vftnt to the reports of the flbttse

Ed) This seetion shftH heeome operftti ve on Jftntlftry I 2013SEC 5 Section 15634 of the Welfare and Institutions Code

as amended by Section 7 of Chapter 140 of the Statutes of 2005is amended to read

15634 (a) No care custodian clergy member healthpractitioner mandated reporter of suspected financial abuse of anelder or dependent adult or employee of an adult protectiveservices agency or a local law enforcement agency who reports aknown or suspected instance of abuse of an elder or dependentadult shall be civilly or criminally liable for any report requiredor authorized by this article Any other person reporting a knownor suspected instance of abuse of an elder or dependent adult shallnot incur civil or criminal liability as a result of any reportauthorized by this article unless it can be proven that a false reportwas made and the person knew that the report was false No personrequired to make a report pursuant to this article or any persontaking photographs at his or her discretion shall incur any civil orcriminal liability for taking photographs of a suspected victim ofabuse of an elder or dependent adult or causing photographs to betaken of such a suspected victim or for disseminating thephotographs with the reports required by this article Howeverthis section shall not be construed to grant immunity from thisliability with respect to any other use of the photographs

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AB518 -16-

(b) No care custodian clergy member health practitionermandated reporter of suspected financial abuse of an elder ordependent adult or employee of an adult protective services agencyor a local law enforcement agency who pursuant to a request froman adult protective services agency or a local law enforcementagency investigating a report of known or suspected abuse of anelder or dependent adult provides the requesting agency withaccess to the victim of a known or suspected instance of abuse ofan elder or dependent adult shall incur civil or criminal liabilityas a result of providing that access

(c) The Legislature finds that even though it has providedimmunity from liability to persons required to report abuse of anelder or dependent adult immunity does not eliminate thepossibility that actions may be brought against those persons basedupon required reports of abuse In order to further limit the financialhardship that those persons may incur as a result of fulfilling theirlegal responsibilities it is necessary that they not be unfairlyburdened by legal fees incurred in defending those actionsTherefore a care custodian clergy member health practitioneror an employee of an adult protective services agency or a locallaw enforcement agency may present to the StMe B6Md 6pound C6ntr61California Victim Compensation and Government Claims Boarda claim for reasonable fttt6meys attorneys fees incurred in anyaction against that person on the basis of making a report requiredor authorized by this article if the court has dismissed the actionupon a demurrer or motion for summary judgment made by thatperson or if he or she prevails in the action The StMe B6ftrd 6fC6ntr61 California Victim Compensation and Government ClaimsBoard shall allow that claim if the requirements ofthis subdivisionare met and the claim shall be paid from an appropriation to bemade for that purpose Att6mey s Attorneys fees awarded pursuantto this section shall not exceed an hourly rate greater than the ratecharged by the Attorney General at the time the award is madeand shall not exceed an aggregate amount of fifty thousand dollars($50000) This subdivision shall not apply if a public entity hasprovided for the defense of the action pursuant to Section 995 ofthe Government Code

(d) This seeti6n shftll remftin in dfeet 6ttly tmtil J8fttlfll)1 2013ftnd ftS6pound thftt dMe is repeftled wIess ft IMer enfteted stMute thMis en8eted before Jftftt18ry12013 deletes 6r extends thM dMe

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SEC 6 Section 15634 of the Welfare and Institutions Codeas amended by Section 711 ojChapter 538 of the Statutes oj2006is repealed

15634 eft) No eMe etlstodimt ele~ member hea-lthpraetitioner or employee of an adttlt proteeti-ve serviees ageneyor a loeal larn enforeement ageney who reports a lrnown orsttspeeted instanee of elder or dependent adtllt abtlse shaHbe eiviHyor eriminalry liable for any report reqttired or attthorizedby thisartiele Any other peIson reporting a lrnOWfior stlspeeted instaneeof elder or dependeItt adttIt abtlse shall not inettr ei vil or eriminalliability as a restllt of any report attthorizedby this artiele ttnlessit ean be pro ven that a false report was made and the person knewthat the report vvasrelse gteJoperson reqtlired to make a reportptlrstlant to this artiele or any person taking photographs at his orher diseretion shall inettr any eivii or eriminalliability fer takingphotographs of a stlspeeted vietim of elder or dependent adtlltabtlse or eattsing photographs to be taken of the stlspeeted vietimor fOIdisseminating the photographs with the reports reqtlired bythis artiele However this seetion shall not be eonstmed to gIantimmttnity from this liability vvithrespeet to any other tlse of thephotographs

(b) No eMe etlstodian el~ member health praetitioner oremployee of an adtlIt proteetive seniees ageney or a loea-l lawenfereemeItt ageney who pttrsttant to a reqtlest from an adttltproteeti-ie seniees ageney or a loeal lavI enforeemeItt ageneyinvestigating a report of lrnOViftor stlspeeted elder or dependentadtllt abtlse proides the reqtlesting ageney with aeeess to thevietim of a lrnovvnor stlspeeted instanee of elder or dependeIttadttlt abtlse shall inettr eiviI or eriminal liability as a restlIt ofpro viding that aeeess

ee) The Legislatttre finds that even thOtlgh it has pIOvidedimmtlnity from liability to peIsons reqtlired to report elder ordependent mit abttse immtlIlity does not eliminate the possibilitythat aetions may be brotlght agamst those persons based tlJ0nreqtlired reports of abtlse In order to fttrther limit the finaneialhardship that those persons may inettr as a resttIt offttlfilling theirlegal responsibilities it is neeessary that they not be tlftreirlybttrdened by legal fees inetlffed in defending those aetionsTherefore a eMeetlstodian ele~ member health praetitioneror employee ofan adttlt proteetive seniees ageney or a loeallffi7t

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AB518 -18-

enfOieement agene)l ma) present to the CalifeJmia VietimCempensatien and Geemment Claims BeMd a elaim feJrreasenable atteme)s fees inetJifedin any aetien agffinstthat persenen the basis efmMcinga repert reqtlired er attth6rizedb)l this Mtieleif the eeM has dismissed the aetien t1pen a demtlffer el metienfur sttmillM)lj tldgment made b that persen el ifhe er she preailsin the aetien The Califumia Vietim Cempensatien andGeemment Claims Beard shall allew that ehtim if thereqtlirements ef this sttbdi isien Me met and the elaim shall bepaid fl6man fllprepriatien te be made fur that ptllpese Atteme) sfees aarded ptliStlMltto this seetien shall net exeeedan hetlilyrate greater than the late eharged b the Attemey General at thetime the aard is made and sh8llnet exeeedan aggregate amettllteffitty thetlsanBdellMs ($50000) This sttbdF isien shall net applyif a pttblie enti) has pmbullided fer the defense ef the aetien ptlistlantte Seetien 995 ef the Ge emment Cede

(6) This seetien shall beeeme eperatie en JMttlM)12013SEC 7 Section 15640 of the Welfare and Institutions Code

as amended by Section 9 of Chapter 140 of the Statutes of2005is amended to read

15640 (a) (1) An adult protective services agency shallimmediately or as soon as practically possible report by telephoneto the law enforcement agency having jurisdiction over the caseany known or suspected instance of criminal activity and to anypublic agency given responsibility for investigation in thatjurisdiction of cases of elder and dependent adult abuse everyknown or suspected instance of abuse pursuant to Section 15630or 156301 of an elder or dependent adult A county adult protectiveservices agency shall also send a written report thereof within twoworking days of receiving the information concerning the incidentto each agency to which it is required to make a telephone reportunder this subdivision Prior to making any cross-report ofallegations of financial abuse to law enforcement agencies anadult protective services agency shall first determine whether thereis reasonable suspicion of any criminal activity

(2) If an adult protective services agency receives a report ofabuse alleged to have occurred in a long-term care facility thatadult protective services agency shall immediately inform theperson making the report that he or she is required to make thereport to the long-term care ombudsman program or to a local law

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-19- AB518

enforcement agency The adult protective services agency shallnot accept the report by telephone but shall forward any writtenreport received to the long-term care ombudsman

(b) If an adult protective services agency or local lawenforcement agency or ombudsman program receiving a report ofknown or suspected elder or dependent adult abuse determinespursuant to its investigation that the abuse is being committed bya health practitioner licensed under Division 2 (commencing withSection 500) of the Business and Professions Code or any relatedinitiative act or by a person purporting to be a licensee the adultprotective services agency or local law enforcement agency orombudsman program shall immediately or as soon as practicallypossible report this information to the appropriate licensingagency The licensing agency shall investigate the report in lightof the potential for physical harm The transmittal of informationto the appropriate licensing agency shall not relieve the adultprotective services agency or local law enforcement agency orombudsman program of the responsibility to continue its owninvestigation as required under applicable provisions of law Theinformation reported pursuant to this paragraph shall remainconfidential and shall not be disclosed

(c) A local law enforcement agency shall immediately or assoon as practically possible report by telephone to the long-termcare ombudsman program when the abuse is alleged to haveoccurred in a long-term care facility or to the county adultprotective services agency when it is alleged to have occurredanywhere else and to the agency given responsibility for theinvestigation of cases of elder and dependent adult abuse everyknown or suspected instance of abuse of an elder or dependentadult A local law enforcement agency shall also send a writtenreport thereof within two working days of receiving the informationconcerning the incident to any agency to which it is required tomake a telephone report under this subdivision

(d) A long-term care ombudsman coordinator may report theinstance of abuse to the county adult protective services agencyor to the local law enforcement agency for assistance in theinvestigation of the abuse if the victim gives his or her consent Along-term care ombudsman program and the Licensing andCertification Division ofthe State Department ofIIealth SeI ieesPublic Health shall immediately report by telephone and in writing

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AB518 -20-

1 within two working days to the bureau any instance of neglect2 occurring in a health care facility that has seriously harmed any3 patient or reasonably appears to present a serious threat to the4 health or physical well-being of a patient in that facility If a victim5 or potential victim of the neglect withholds consent to being6 identified in that report the report shall contain circumstantial7 information about the neglect but shall not identify that victim or8 potential victim and the bureau and the reporting agency shall9 maintain the confidentiality of the report until the report becomes

lOa matter of public record11 (e) When a county adult protective services agency a long-term12 care ombudsman program or a local law enforcement agency13 receives a report of abuse neglect or abandonment of an elder or14 dependent adult alleged to have occurred in a long-term care15 facility that county adult protective services agency long-term16 care ombudsman coordinator or local law enforcement agency17 shall report the incident to the licensing agency by telephone as18 soon as possible19 (f) County adult protective services agencies long-term care20 ombudsman programs and local law enforcement agencies shall21 report the results of their investigations of referrals or reports of22 abuse to the respective referring or reporting agencies23 Eg) This seeti6n shall remain in dIcet 6ny tlfttilJ~ 1201324 and as 6f that date is repealed unless a later enaeted stMttte that25 is enaeted bef6re Janttary 12013 deletes 6r extends that date26 SEC 8 Section 15640 of the Welfare and Institutions Code27 as added by Section 10 of Chapter 140 of the Statutes of 2005 is28 repealed 29 15640 Ea) E1) An adult pr6teeti e sen iees ageney shall30 immediate) 6r as S66nas praetieal) p6ssible rep6rt 0 te1eph6ne31 t6 the la~ enf6reement ageney haing jttrisdieti6n 6er the ease32 an kntMfl6r suspeeted instanee 6f eriminal aeth it) and t6 any33 pttblie agene gien resp6nsibilit) f6r illestigMi6n in that34 jurisdieti6n 6f eases 6f elder and dependent adttlt abuse eery35 kfl6n6r suspeeted instanee 6f aetlse purstlant t6 Seeti6n 1563036 6f an elder 6r dependent adttlt A e6t11ltyadttlt pr6teeti e sen iees37 ageney shall als6 send a TV ritten rep6rt there6f Vv ithin ti 6 V 6rking38 days 6f reeeiving the inwrmati6n e6neeming the ineident t6 eaeh39 ageney t6 vv hieh it is reqtlired t6 make a teleph6ne Iep6rt tlftder40 this subdiisi6n Pri6r t6 making an er6SSIep6rt 6f allegati6ns

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-21- AB518

offilumeial abttse to lavvenforeemertt a-geneiesMladult proteetFesen iees agene) shaH first determine whether there is reasonablesuspieion of tmJ eriminM aeti vit

(2) If an adult proteeti ve sen iees agene) reeei ves a report ofabttse alleged to ha ve oeettlTed in a long teml eare faeilit) thatadttlt proteeti ve sen iees ageney shall immediate) infoml theperson making the report that he or she is required to make thereport to the long term eare ombttdsman program 01 to aloeallawenforeemertt a-geneyThe adttlt proteeti ve sen iees agene) shallnot aeeept the report b) telephone btlt shall fonvMd flit) vvTittenreport leeehed to the long teml eare ornbtldsman

(b) If an adtllt proteetive seniees ageney or loeal lawenforeement agene) or ornbtldsman program reeei vinga report ofkftovm or stlspeeted elder or dependent adttlt MtlSe determinespttrstlartt to its inYestigationthat the flbttseis being eommitted bya health 11aetitioner lieensed tlftder Division 2 (eonJffieneingwithSeetion 500) of the Btlsiness flftdProfessions Code or flit) lelatedinitiatiye aet or by a person ptlrporting to be a lieensee the adtlltproteetive seniees a-gene) or loeallaw enforeement agene) orombttdsman program shall immediate) or as soon as praetieall)possible report this mformation to the appropriate lieensingagene) The lieensing agene) shall investigate the report in lightof the poterttial fur ph) sieal hamlThe trMlsmittfllof informationto the appropriate lieensing agene) shall not relieve the adtlltproteethe serviees agene) or loeallaw enforeement agene) orornbtldsmflft program of the responsibility to eorttinue its 0~vninvestigation as reqttired tlftder applieable provisions of law Theinformation reported pttrstlant to this paragraph shall remaineoniiderttial flItdshfl11not be diselosed

(e) A loealla bullbull enforeement agefte) shall immediate) or assoon as praetieal) possible report b) telephone to the long termeare ombtldsman program bullbullhen the abtlse is alleged to haveoeetllTed in a long term eare faeilit) or to the eotlnt) adttltproteetive seniees agene) bullbullhen it is alleged to have oeeUlfedan) vvhere else flftd to the agene) gh en responsibilit) for theinvestigation of eases of elder and dependent adttlt abtlse everykftovm or stlspeeted instflftee of MtlSe of an elder or dependerttadttlt A loeallaw enforeement ageney shall also send a Ylfittenreport thereof bullbullithin ftv0 vvorking dfl)s ofreeei ving the infomlation

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AB518 -22-

eoneeming the ineident to an agenC) to vvhieh it is reqtlired toftutke a telephone report tlIlderthis stlbdh ision

Ed) A long tenn eare ombttdsman eoordinator mll) report theinstlllleeof abtlse to the eot1llryadttlt proteetive seniees ageneyor to the loeal la bullbull enforeement agenC) for assistlllleein theinvestigationof the abttse if the vietim gives his or her eonsent Along tenn eMe ombtldsmllllprogram llIldthe Lieensing llIldCertifieation Division of the State DepMtment ofIIealth Senieesshall immediately report b telephone llIldin vvriting vvithin hiv0tv orkingdll) s to the bm eatl an instlllleeof negleet oeet1ffingin ahealth eare faeiliry that has seriotlsl hMmed an patient orreasonably appeMs to present a seriotls threat to the health orph sieal vvell being of a patient in that ffteiliry If a J ietim orpotential TV ietim of the neglect vithholds eonsent to being identifiedin that report the report shall eontain eirettmstlllltialinformationabom the negleet bm shall not identif) that vietim or potentialvietim and the bttreatl llIldthe reporting agenC) shall maintain theeoniidentialiry of the report tlntil the report beeomes a matter ofptlblie reeord

Ee) hen a eotlllryadttlt proteeti ve sen iees agenC) a long termeare ombtldsman program or a loeal la enforeement ageneyreeeives a report ofabttse negleet or ablllldonmentofllllelder ordependent adttlt alleged to have oeet1ffedin a long term earefaeiliry that eotlnty adtllt proteeti ve sen iees agenC) long termeare ombtldsmlllleoordinator or loeallavv enforeement ageneyshall report the ineident to the lieensing agene b telephone assoon as possible

ED COtl1lt)adtllt proteetive seniees ageneies long term eareombttdsman programs and 10ea1lavvenforeement ageneies shallreport the restllts of their investigations of referrals or reports ofabtlse to the respeetive referring or reporting ageneies

Eg) This seetion shall beeome operative on JllIlt1flry12013SEC 9 Section 156555 of the Welfare and Institutions Code

as amended by Section 11 of Chapter 140 of the Statutes of 2005is amended to read

156555 A county adult protective services agency shallprovide the organizations listed in paragraphs (v) (w) and (x) ofSection 1561017 and mandated reporters of suspected financialabuse of an elder or dependent adult pursuant to Section 156301with instructional materials regarding abuse and neglect of an elder

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-23- AB518

1 or dependent adult and their obligation to report under this chapter2 At a minimum the instructional materials shall include the3 following4 (a) An explanation of abuse and neglect of an elder or dependent

adult as defined in this chapter6 (b) Information on how to recognize potential abuse and neglect7 of an elder or dependent adult8 (c) Information on how the county adult protective services9 agency investigates reports of known or suspected abuse and

neglect11 (d) Instructions on how to report known or suspected incidents12 of abuse and neglect including the appropriate telephone numbers13 to call and what types of information would assist the county adult14 protective services agency with its investigation of the report

(e) This seetion shall remain in eifcet only tlfttil Jflfttlttry 1 201316 and as of that date is repealed tmless a later enaeted stattlte that17 is enaeted before Jafttlttry 12013 deletes or extends that date18 SEC 10 Section 156555 of the Welfareand Institutions Code19 as amended by Section 712 of Chapter 538 of the Statutes of2006

is repealed21 156555 A eottftt) achtlt proteetive serviees agene) shall22 pmvide the organi2ations listed in paragraphs (v) (vv) and Ex) of23 Seetion 1561017 with instItletional materials regarding elder and24 dependent achtlt abtlse and negleet and their obligation to report

under this ehapter At a minimum the instruetional materials shall26 inelude the follovving27 (a) An explanation of elder and dependent achtlt abuse and28 negleet as defined in this ehapter29 (b) Information on how to reeogni2e potential elder and

dependent achtlt abuse and negleet31 (e) Information on ho vIthe eottftt) achtlt proteeti ve serv iees32 agene) investigates reports of knovm or suspeeted abuse and33 negleet34 (d) Instmetions on hovv to report ]movvn or suspeeted ineidents

of abuse and negleet ineltlding the appropriate telephone llt11llbers36 to eall and what rypes of information vvould assist the eount) adult37 proteetirv e sen iees agene) with its in (estigation of the report38 (e) This seetion shall beeome operati e on January I 20 13

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AB 608 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 608Pan

Health care coverage telemedicine

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to health care

httpwww1eginfocagovpubII-12Ibillasmab_0601-0650ab _608_ bill_ 20120201_status 652012

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AB 783 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 783AUTHOR(S) HayashiTOPIC Professional corporations licensed physical therapists

and occupational therapists+LAST AMENDED DATE 04072011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

COMMCOMMCOMM

HIST ACT DATEHIST ACTION

From committeeRule 62(a)

LOCATION SENACTION DATEACTION

06282011In committee Set second hearing Failed passagewithout further action pursuant to Joint

LASTLAST

BUSINESS PROFESSIONS AND ECONOMIC DEVELOPMENT06272011

Set second hearing Failed passage in Committee

TITLE An act to amend Section 2406 of the Business andProfessions Code and to amend Section 134015 of theCorporations Code relating to professional corporations

httpwwwleginfocagovpub11-12billasmab_0751-0800ab_783_bill_20111115_status 652012

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AMENDED IN ASSEMBLY APRIL 7 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 783

Introduced by Assembly Member Hayashi

February 172011

An act to amend Section 2406 of the Business and Professions Codeand to amend Section 134015 of the Corporations Code relating toprofcssiemal eorporations and deelaring the mgeney thereof to tttkeeffeet immediatelyprofessional corporations

LEGISLATIVE COUNSELS DIGEST

AB 783 as amended Hayashi Professional corporations licensedphysical therapists and occupational therapists

Existing law regulating professional corporations provides that certainhealing arts practitioners may be shareholders officers directors orprofessional employees of a medical corporation-er-a podiatric medicalcorporation or a chiropractic corporation subject to certain limitations

This bill would add licensed physical therapists and licensedoccupational therapists to the list of healing arts practitioners who maybe shareholders officers directors or professional employees of thosecorporations The bill would also make conforming changes to a relatedprovision

This bill vv otlld deelare that it is to take etteet immediately as anmgeney statttte

Vote -majority Appropriation no Fiscal committee noState-mandated local program no

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AB783 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 2406 of the Business and Professions2 Code is amended to read3 2406 A medical corporation or podiatry corporation is a4 corporation that is authorized to render professional services as

defined in Sections 13401 and 134015 ofthe Corporations Code6 so long as that corporation and its shareholders officers directors7 and employees rendering professional services who are physicians8 and surgeons psychologists registered nurses optometrists9 podiatrists chiropractors acupuncturists naturopathic doctors

physical therapists or in the case of a medical corporation only11 physician assistants marriage and family therapists or clinical12 social workers are in compliance with the Moscone-Knox13 Professional Corporation Act the provisions of this article and all14 other statutes and regulations now or hereafter enacted or adopted

pertaining to the corporation and the conduct of its affairs16 With respect to a medical corporation or podiatry corporation17 the governmental agency referred to in the Moscone-Knox18 Professional Corporation Act is the board19 SEC 2 Section 134015 of the Corporations Code is amended

to read21 134015 Notwithstanding subdivision (d) of Section 1340122 and any other provision of law the following licensed persons23 may be shareholders officers directors or professional employees24 of the professional corporations designated in this section so long

as the sum of all shares owned by those licensed persons does not26 exceed 49 percent ofthe total number of shares of the professional27 corporation so designated herein and so long as the number of28 those licensed persons owning shares in the professional29 corporation so designated herein does not exceed the number of

persons licensed by the governmental agency regulating the31 designated professional corporation32 (a) Medical corporation33 (1) Licensed doctors of podiatric medicine34 (2) Licensed psychologists

(3) Registered nurses36 (4) Licensed optometrists37 (5) Licensed marriage and family therapists38 (6) Licensed clinical social workers

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-3-

(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists(10) Naturopathic doctors(11) Licensed physical therapists(12)Licensed occupational therapists(b) Podiatric medical corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed optometrists(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(8) Licensed physical therapists(9) Licensed occupational therapists(c) Psychological corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Registered nurses(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed chiropractors(8) Licensed acupuncturists(9) Naturopathic doctors(d) Speech-language pathology corporation(1) Licensed audiologists(e) Audiology corporation(1) Licensed speech-language pathologists(t) Nursing corporation(l) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists

AB783

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AB783 -4-

(10) Naturopathic doctors(g) Marriage and family therapy corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed clinical social workers(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(h) Licensed clinical social worker corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed marriage and family therapists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(i) Physician assistants corporation(1) Licensed physicians and surgeons(2) Registered nurses(3) Licensed acupuncturists(4) Naturopathic doctorsG) Optometric corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(k) Chiropractic corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed acupuncturists(9) Naturopathic doctors

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-5- AB783

(10) Licensed physical therapists(11) Licensed occupational therapists(l) Acupuncture corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed physician assistants(9) Licensed chiropractors(10) Naturopathic doctors(m) Naturopathic doctor corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed physician assistants(5) Licensed chiropractors(6) Licensed acupuncturists(7) Licensed physical therapists(8) Licensed doctors of podiatric medicine(9) Licensed marriage family and child counselors(10) Licensed clinical social workers(11) Licensed optometrists(n) Dental corporation(1) Licensed physicians and surgeons(2) Dental assistants(3) Registered dental assistants(4) Registered dental assistants in extended functions(5) Registered dental hygienists(6) Registered dental hygienists in extended functions(7) Registered dental hygienists in alternative practiceSEC 3 This aet is Ml ttrgene statttte neeessary for the

immediatepresenation of the ptlblie peaee hettlihor saferyvvithinthe meMling of Miele IV of the Constittttion Mld shaHgo intoimmediate effeet The fftets eonstitttting the neeessiry Me

In order to 8t1thorizelieensed physieal therapists to beshareholders offieers mreetors or professional employees of

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AD7S3 -6-

1 memeal eorpofatiofts andpodiatrie medieal eorpofatiofts as soOft2 as possible it is fteeessary that this aet tftke dIeet immediately

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AB 800 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 800Huber

Boards and commissions time reporting

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to add Section 1156410 to the Government Coderelating to boards and commissions

httpwwwleginfocagovpubI11-12billasmlab_0751-0800ab _800_ bill_20120201_status 652012

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AB 958 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 958Bill Berryhill

Regulatory boards limitations periods

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to Art IV Sec 10(e) of theFrom committee Filed with the Chiefto Joint Rule 56BUSINESS PROFESSIONS AND CONSUMER PROTECTION

TITLE An act to add Section 1105 to and to repeal Sections16702 22305 296005 3137 375051 498205499032 5561 5661 76865 988420 and 98898 of theBusiness and Professions Code relating to regulatoryboards

httpwwwleginfocagovpub11-12lbillasmlab_0951-1 OOOab_958 _bill_ 20120202_ status 652012

AB 1003 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 1003Smyth

Professional and vocational licenses

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to professional and vocational licenses

httpwwwleginfocagovpubll-12Ibillasmlab_l00l-l 050ab_1003 _bill_2012020 I_statu 652012

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AB 1205 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1205AUTHOR(S) Bill BerryhillTOPIC Licensed behavior analysts+LAST AMENDED DATE 04042011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to amend Section 499018 of and to add Chapter52 (commencing with Section 252971) to Division 2 ofthe Business and Professions Code relating to healingarts

httpwwwleginfocagovpub11-12billasmab _120 1-1250ab_1205 _bill_20 120201_statu 652012

AB 1435 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1435AUTHOR(S) Dickinson (Coauthors Alejo Buchanan and Hill) TOPIC Child abuse reporting athletic personnelHOUSE LOCATION SEN+LAST AMENDED DATE OS252012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredState-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS for

LASTLAST

APPROPRIATIONSOS252012

Do pass as amendedAyes 17 Noes OOPASS

TITLE An act to amend Section 111657 of the Penal Coderelating to child abuse reporting

httpwww1eginfocagovpub11-12lbiIVasmab_140 1-1450ab _1435 _bill~0120601_statu 652012

AMENDED IN ASSEMBLY MAY 25 2012

AMENDED IN ASSEMBLY MARCH 21 2012

AMENDED IN ASSEMBLY MARCH 142012

AMENDED IN ASSEMBLY FEBRUARY 29 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1435

Introduced by Assembly Member Dickinson(Coauthors Assembly Members Alejo Buchanan and Hill)

January 4 2012

An act to amend Section 111657 of the Penal Code relating to childabuse reporting

LEGISLATIVE COUNSELS DIGEST

AB 1435 as amended Dickinson Child abuse reporting athleticpersonnel

Existing law the Child Abuse and Neglect Reporting Act requiresa mandated reporter as defined to report whenever he or she in his orher professional capacity or within the scope of his or her employmenthas knowledge of or observed a child whom the mandated reporterknows or reasonably suspects has been the victim of child abuse orneglect Failure to report an incident is a crime punishable byimprisonment in a county jail for a period of up to 6 months a fine ofup to $1000 or by both that imprisonment and fine

This bill would add athletic coaches athletic administrators andathletic directors employed by a public or private organization to thelist of individuals who are mandated reporters The bill otlld reqtlirean ptlblie or pri v ate orgflftizationernplo ing flftathletieeoaen Mhletie

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~

AB 1435 -2-

ftdministrator or Mhletie direetor to hftve provided initiftl trftining byJflfttlM) I 2014 on speeified mfttters relMing to ehiM a-bttse ftftdnegleetfor those employees On ftftd ftfter lftnuftry 12014 the bill vvottld reeJtlireinitiftl trftining to be pro vided IV ithin 6 months of the dMe ftn indi vidttftlbeeomes employed in thM eftlfteiry The bill vvouM require theseindividuftls to eomplete eontifttling tminmg every 2 yeMs

By imposing the reporting requirements on a new class of personsfor whom failure to report specified conduct is a crime ftftdby imposingne~ trftining reeJtlirements on publie oIgftfiiZMions ineluding loeftlgOvernment entities this bill would impose a state-mandated localprogram

The Cftlifomift Constittltion reqtlires the stMe to reimbtlfse loeftlftgeneies ftnd sehool distriets for eertftin eosts mftftdMed by the stftteStftttltory pItYvisions esffiblish proeedtlfes for mftkffigthftt reimbtlfsement

This bill hould pro vide thM 4vith regMd to eertftin mftftdfttes noIeimbtlfsement is reeJtlired by this ftet for ft speeified reftson

Vith regftM to ftny other mftndMeS this bill vv0tlM pro vide thM if theCommission on StMe ~bndtltes determines thM the bill eontftins eostsso mftndftted by the stftte reimbttIsement for those eosts shftll be mftdeptlfStlftnt to the stftttltory pro visions noted ttbo ve

The California Constitution requires the state to reimburse localagencies and school districts for certain costs mandated by the stateStatutory provisions establish procedures for making thatreimbursement

This bill would provide that no reimbursement is required by this actfor a specified reason

Vote majority Appropriation no Fiscal committee yesState-mandated local program yes

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 111657 of the Penal Code is amended2 to read3 111657 (a) As used in this article mandated reporter is4 defined as any of the following5 (1) A teacher6 (2) An instructional aide7 (3) A teachers aide or teachers assistant employed by any8 public or private schooL9 (4) A classified employee of any public schooL

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5

10

15

20

25

30

35

40

-3- AB 1435

1 (5) An administrative officer or supervisor of child welfare and2 attendance or a certificated pupil personnel employee of any public3 or private school4 (6) An administrator of a public or private day camp

(7) An administrator or employee of a public or private youth6 center youth recreation program or youth organization7 (8) An administrator or employee of a public or private8 organization whose duties require direct contact and supervision9 of children

(9) Any employee of a county office of education or the State11 Department of Education whose duties bring the employee into12 contact with children on a regular basis13 (10) A licensee an administrator or an employee of a licensed14 community care or child day care facility

(11) A Head Start program teacher16 (12) A licensing worker or licensing evaluator employed by a17 licensing agency as defined in Section 111651118 (13) A public assistance worker19 (14) An employee of a child care institution including but not

limited to foster parents group home personnel and personnel of21 residential care facilities22 (15) A social worker probation officer or parole officer23 (16) An employee of a school district police or security24 department

(17) Any person who is an administrator or presenter of or a26 counselor in a child abuse prevention program in any public or27 private school28 (18) A district attorney investigator inspector or local child29 support agency caseworker unless the investigator inspector or

caseworker is working with an attorney appointed pursuant to31 Section 317 of the Welfare and Institutions Code to represent a32 mmor33 (19) A peace officer as defined in Chapter 45 (commencing34 with Section 830) of Title 3 of Part 2 who is not otherwise

described in this section36 (20) A firefighter except for volunteer firefighters37 (21) A physician and surgeon psychiatrist psychologist dentist38 resident intern podiatrist chiropractor licensed nurse dental39 hygienist optometrist marriage and family therapist clinical social

worker professional clinical counselor or any other person who

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101112131415161718192021222324252627282930313233343536373839

AB 1435 -4-

is currently licensed under Division 2 (commencing with Section500) of the Business and Professions Code

(22) Any emergency medical technician I or II paramedic orother person certified pursuant to Division 25 (commencing withSection 1797) of the Health and Safety Code

(23) A psychological assistant registered pursuant to Section2913 of the Business and Professions Code

(24) A marriage and family therapist trainee as defined insubdivision (c) of Section 498003 of the Business and ProfessionsCode

(25) An unlicensed marriage and family therapist internregistered under Section 498044 of the Business and ProfessionsCode

(26) A state or county public health employee who treats a minorfor venereal disease or any other condition

(27) A coroner(28) A medical examiner or any other person who performs

autopsies(29) A commercial film and photographic print processor as

specified in subdivision (e) of Section 11166 As used in thisarticle commercial film and photographic print processor meansany person who develops exposed photographic film into negativesslides or prints or who makes prints from negatives or slides forcompensation The term includes any employee of such a personit does not include a person who develops film or makes prints fora public agency

(30) A child visitation monitor As used in this article childvisitation monitor means any person who for financialcompensation acts as monitor of a visit between a child and anyother person when the monitoring of that visit has been orderedby a court of law

(31) An animal control officer or humane society officer Forthe purposes ofthis article the following terms have the followingmeanings

(A) Animal control officer means any person employed by acity county or city and county for the purpose of enforcing animalcontrol laws or regulations

(B) Humane society officer means any person appointed oremployed by a public or private entity as a humane officer who is

95

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10111213141516171819202122232425262728293031323334353637383940

-5- AB 1435

qualified pursuant to Section 14502 or 14503 of the CorporationsCode

(32) A clergy member as specified in subdivision (d) of Section11166 As used in this article clergy member means a priestminister rabbi religious practitioner or similar functionary of achurch temple or recognized denomination or organization

(33) Any custodian of records of a clergy member as specifiedin this section and subdivision (d) of Section 11166

(34) Any employee of any police department county sheriffsdepartment county probation department or county welfaredepartment

(35) An employee or volunteer of a Court Appointed SpecialAdvocate program as defined in Rule 1424 ofthe California Rulesof Court

(36) A custodial officer as defined in Section 8315(37) Any person providing services to a minor child under

Section 12300 or 123001 of the Welfare and Institutions Code(38) An alcohol and drug counselor As used in this article an

alcohol and drug counselor is a person providing counselingtherapy or other clinical services for a state licensed or certifieddrug alcohol or drug and alcohol treatment program Howeveralcohol or drug abuse or both alcohol and drug abuse is not inand of itself a sufficient basis for reporting child abuse or neglect

(39) A clinical counselor trainee as defined in subdivision (g)of Section 499912 of the Business and Professions Code

(40) A clinical counselor intern registered under Section 499942of the Business and Professions Code

(41) An athletic coach athletic administrator or athletic directoremployed by a public or private organization including but notlimited to schools and instittttions of higher e6ueation thatprovidekindergarten or any of grades 1 to 12 inclusive

(b) Except as provided in paragraph (35) of subdivision (a)volunteers of public or private organizations whose duties requiredirect contact with and supervision of children are not mandatedreporters but are encouraged to obtain training in the identificationand reporting of child abuse and neglect and are further encouragedto report known or suspected instances of child abuse or neglectto an agency specified in Section 111659

(c) Employers are strongly encouraged to provide theiremployees who are mandated reporters with training in the duties

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101112131415161718192021222324252627282930313233343536373839

AB 1435 -6-

imposed by this article This training shall include training in childabuse and neglect identification and training in child abuse andneglect reporting Whether or not employers provide theiremployees with training in child abuse and neglect identificationand reporting the employers shall provide their employees whoare mandated reporters with the statement required pursuant tosubdivision (a) of Section 111665

(d) School districts that do not train their employees specifiedin subdivision (a) in the duties of mandated reporters under thechild abuse reporting laws shall report to the State Department ofEducation the reasons why this training is not provided

(e) Unless otherwise specifically provided the absence oftraining shall not excuse a mandated reporter from the dutiesimposed by this article

(f) Public and private organizations are encouraged to providetheir volunteers whose duties require direct contact with andsupervision of children with training in the identification andreporting of child abuse and neglect

(g) (1) On 6r befure Jttmtary 1 2014 ttll) pttblie 6r privflie6rganizttti6ftemp16ing ttft Mhletie e6tteh Mhletie ttdmimstrltt6r6r Mhletie direet6r ttSspeeified ift pMttgrttph (41) 6f sttbdivisi6ft(tt) shttll pr6 vide iftitittl trttining f6r th6se empl~ ees 6n thefull6vvingmtttters

(A) The identifiettti6n 6f ehild ttbttse ttnd negleet(D) Aeti vities thttt e6ftstitttte inltppr6prittte ttftd illegttl e6ntttet

betiveen tt 6tlth ltftd ltft ttthietie e6tteh Mhletie ttdmiftistrttt6r 6rttthietie direet6r

(6) The resp6nsibilities 6f tt pers6n identified lIStt mttndfliedrep6rter in this seeti6n ineIttding btl ft6t limited t6 ttll 6f thefull6 vving

(i) T6 ~h6m tt rep6rt is reqtlired t6 be mttde(ii) The inf6rmttti6n thttt is reqttired t6 be ifte1ttdedin tt rep6rt(iii) The time vvithiftvvhieha mandated rep6rter is reqttired t6

file tt rep6rt(2) Initittl training shall be pr6vided b perS6ftSkn6vvledgeltble

ift the identifiettti6n 6fehild aettse ttnd negleet inltppf6prittte ltftdillegal e6ntaet bem eena 6ttth and ltftadttIt ltftdstatttt6ry rep6rtingreqttiremeftts ltftdshttll e6nsist 6ftw6 h6ttrs 6felassr66m 6r 6therinteraetive trainiftg ltftdedttettti6n

95

-7- AB 1435

1 (h) Commeneing on fmd aftel Jfmtlftry12014 fmofgfmization2 speeified in sttbdivision (g) shaHpro ide initial training within six3 months of the date that fm individtutl beeomes empleryed as an4 Mhletie eoaeh athletie administrator or athletie direetor ttnless5 the indi idttal reeei ed training Hithin tw0 years prior to the date6 the indi idtlal is empleryed An Mhletie eoaeh athletie7 administrator or athletie direetor Hho has leeeied initial training8 ptlfStlafttto sttbdiision (g) shall eomplete eontifttling training9 thereafter onee eery two years eonsisting of one hottf of

10 elassroom or other interaeti e training fmd edtteation11 SEC 2 No reimbtlrsement is reqtlired by this aet pttfStlafttto12 Seetion 6 ofArtiele )GIlD of the California Constitution for eertain13 eosts that may be inetllTed by a loeal ageney or sehool distriet14 beeatlse ift that regard this aet ereates a nev erime or infraetion15 eliminates a erime or infraetion or ehfmges the penalty fOfa erime16 or inflaetion Hithin the meaning of Seetion 17556 of the17 Goemment Code or ehanges the definition ofa elime Hithin the18 meaning of Seetion 6 of Aniele XIII D of the Califomia19 Constitution20 IIo~eer if the Commission on State Mfmdates determines that21 this aet eontainsother eosts mfmdated by the state reimbttfsement22 to loeal ageneies fmd sehool distliets for those eosts shall be made23 ptlfStlafttto Part 7 (eommeneing Hith Seetion 17500) of Division24 4 of Title 2 of the Goemment Code25 SEC 2 No reimbursement is required by this act pursuant to26 Section 6 of Article XIII B of the California Constitution because27 the only costs that may be incurred by a local agency or school28 district will be incurred because this act creates a new crime or29 infraction eliminates a crime or infraction or changes thepenalty30 for a crime or infraction within the meaning of Section 17556 of31 the Government Code or changes the definition of a crime within32 the meaning of Section 6 of Article XIII B of the California33 Constitution

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AB 1904 Assembly Bill Status

MEASURE AUTHOR(S)TOPIC

HOUSE

CURRENT BILL STATUS

AB No 1904Block Butler and

Professions and vocationslicenses

LOCATION

Cookmilitary spouses temporary

TYPE OF BILL

SEN

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyAppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpub11-12billasmab _1901-1950ab _1904_ bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes Noes OOPASS17

An act to add Section 1155 to the Business andProfessions Code relating to professions and vocationsand making an appropriation therefor

-

AB 1588 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1588AUTHOR(S) Atkins (Principal coauthors Cook and Nielsen)

(Coauthors Block Beth Gaines Pan V Manuel PerezWilliams and Yamada)

TOPIC Professions and vocations reservist licensees fees andcontinuing education

HOUSE LOCATION SEN+LAST AMENDED DATE 03052012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS forLAST

LAST

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

TITLE An act to add Section 1143 to the Business andProfessions Code relating to professions and vocations

htlpllwwwleginfocagovpubll-12Ibillasmlab _1551-1600ab _1588 _bill_20120601_statu 652012

middot

AMENDED IN ASSEMBLY MARCH 5 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1588

Introduced by Assembly Member Atkins(Principal coauthors Assembly Members Cook and Nielsen)

(Coauthors Assembly Members Block Beth Gaines PanV Manuel Perez Williams and Yamada)

February 6 2012

An act to add Section 1143 to the Business and Professions Coderelating to professions and vocations

LEGISLATIVE COUNSELS DIGEST

AB 1588 as amended Atkins Professions and vocations reservistlicensees fees and continuing education

Existing law provides for the regulation of various professions andvocations by boards commissions or bureaus within the Departmentof Consumer Affairs and for the licensure or registration of individualsin that regard Existing law authorizes any licensee whose licenseexpired while he or she was on active duty as a member of the CaliforniaNational Guard or the United States Armed Forces to reinstate his orher license without examination or penalty if certain requirements aremet

This bill would require the boards commissions or bureaus describedabove to waive the renewal fees and continuing education requirementsif either is applicable of any licensee or registrant who is a reservistcalled to active duty as a member of the United States Military Reserveor the California National Guard if certain requirements are met

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

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AB 1588 -2-

Thepeople of the State of Califomi a do enact asfollows

1 SECTION 1 Section 1143 is added to the Business and2 Professions Code to read3 1143 Notwithstanding any other provision oflaw everyboard4 commission or bureau within the department shall waive the5 renewal fees and continuing education requirements if either is6 applicable for any licensee or registrant who is a reservist called7 to active duty as a member of the United States Military Reserve8 or the California National Guard if all of the following9 requirements are met

10 (a) The licensee or registrant was in good standing with the11 board commission or bureau at the time the reservist was called12 to active duty13 (b) The renewal fees or continuing education requirements are14 waived only for the period during which the reservist is on active15 duty service16 (c) The active duty reservist or the active duty reservists spouse17 or registered domestic partner provides written notice satisfactory18 to the board commission or bureau that substantiates the19 reservists active duty service

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AB 1896 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1896AUTHOR(S) ChesbroTOPIC Tribal health programs health care practitionersHOUSE LOCATION SEN+LAST AMENDED DATE 03272012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATIONCOMM ACTION DATECOMM ACTIONCOMM VOTE SUMMARY

ASM

05172012Referred to Com on B P amp EDBUSINESS PROFESSIONS AND CONSUMER PROTECTION04102012

Do passAyes 09 Noes OOPASS

TITLE An act to amend the heading of Article 10 (commencingwith Section 710) of Chapter 1 of Division 2 of and toadd Section 719 to the Business and Professions Coderelating to healing arts

httpwwwleginfocagovpubI11-12lbillasmab_1851-1900ab_1896_bill_20120517 _statu 652012

-

AMENDED IN ASSEMBLY MARCH 27 2012

CALIFORNIA LEGISLATURE-20II-12 REGULAR SESSION

ASSEMBLY BILL No 1896

Introduced by Assembly Member Chesbro

February 222012

An act to amend the heading of Article 10 (commencing with Section710) of Chapter 1 of Division 2 of and to add Section 719 to theBusiness and Professions Code relating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1896 as amended Chesbro Tribal health programs health carepractitioners

Under existing federal law licensed health professionals employedby a tribal health program are required to be exempt if licensed in anystate from the licensing requirements of the state in which the tribalhealth program performs specified services A tribal health program isdefined as an Indian tribe or tribal organization that operates any healthprogram service function activity or facility funded in whole or partby the Indian Health Service

Existing law provides for the licensure and regulation of health carepractitioners by various healing arts boards within the Department ofConsumer Affairs

This bill would codify that federal requirement by specifying that aperson who is licensed as a health care practitioner in any other stateand is employed by a tribal health program is exempt from any statelicensing requirement with respect to acts authorized under thepersonslicense where the tribal health program performs specified services

Vote majority Appropriation no Fiscal committee noState-mandated local program no

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AD 1896 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 The heading of Article 10 (commencing with2 Section 710) of Chapter 1 of Division 2 of the Business and3 Professions Code is amended to read456789

101112131415161718192021

Article 10 Federal Personnel and Tribal Health Programs

SEC 2 Section 719 is added to the Business and ProfessionsCode to read

719 (a) A person who is licensed as a health care practitionerin any other state and is employed by a tribal health program asdefined in Section 1603 of Title 25 of the United States Code shallbe exempt from any licensing requirement described in this divisionwith respect to acts authorized under the persons license wherethe tribal health program performs the services described in thecontract or compact of the tribal health program under the IndianSelf-Determination and Education Assistance Act (25 USC Sec450 et seq)

(b) For purposes of this section health care practitioner meansany person who engages in acts that are the subject of licensureor regulation under this division or Ml) initiative 8et referred to inthis division the law of any other state

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CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1904

Introduced by Assembly Members Block Butler and Cook

February 222012

An act to add Section 1155 to the Business and Professions Coderelating to professions and vocations and making an appropriationtherefor

LEGISLATIVE COUNSELS DIGEST

AB 1904 as introduced Block Professions and vocations militaryspouses temporary licenses

Existing law provides for the licensure and regulation of variousprofessions and vocations by boards within the Department of ConsumerAffairs Existing law provides for the issuance of reciprocal licenses incertain fields where the applicant among other requirements has alicense to practice within that field in another jurisdiction as specifiedUnder existing law licensing fees imposed by certain boards withinthe department are deposited in funds that are continuously appropriated

This bill would authorize a board within the department to issue atemporary license to an applicant who among other requirements holdsan equivalent license in another jurisdiction as specified and is marriedto or in a legal union with an active duty member of the Armed Forcesofthe United States who is assigned to a duty station in California underofficial active duty military orders The bill would require a board toexpedite the process for issuing these temporary licenses The bill wouldrequire the applicant to pay any fees required by the board and wouldrequire that those fees be deposited in the fund used by the board toadminister its licensing program To the extent that the bill would

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AB 1904 -2-

increase the amount of money deposited into a continuously appropriatedfund the bill would make an appropriation

Vote majority Appropriation yes Fiscal committee yesState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 1155 is added to the Business and2 Professions Code to read3 1155 (a) A board within the department may issue a4 temporary license to an applicant who meets all of the following5 requirements6 (l) Submits an application in the manner prescribed by the7 board8 (2) Supplies evidence satisfactory to the board that the applicant9 is married to or in a domestic partnership or other legal union

10 with an active duty member of the Armed Forces of the United11 States who is assigned to a duty station in this state under official12 active duty military orders13 (3) Holds a current license in another state district or territory14 of the United States with the requirements that the board determines15 are substantially equivalent to those established under this code16 for that occupation17 (4) Has not committed an act in anyjurisdiction that would have18 constituted grounds for denial suspension or revocation of the19 license under this code at the time the act was committed20 (5) Has not been disciplined by a licensing entity in another21 jurisdiction and is not the subject of an unresolved complaint22 review procedure or disciplinary proceeding conducted by a23 licensing entity in another jurisdiction24 (6) Pays any fees required by the board Those fees shall be25 deposited in the applicable fund or account used by the board to26 administer its licensing program27 (7) Submits fingerprints and any applicable fingerprinting fee28 in the manner required of an applicant for a regular license29 (b) A board shall expedite the procedure for issuing a temporary30 license pursuant to this section31 (c) A temporary license issued under this section shall be valid32 for 180 days except that the license may at the discretion of the

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-3- AB 1904

I board be extended for an additional180-day period on application2 of the license holder3 (d) A board may adopt regulations necessary to administer this4 section

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99

AB 1932 Assembly Bill Status

MEASURE AUTHOR(S)TOPICHOUSE+LAST

CURRENT BILL STATUS

AB No 1932Gorell (Coauthor Cook)

United States armed services healing arts boardsLOCATION SENAMENDED DATE 04172012

TYPE OF BILL

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpubI11-12Ibillasmab_1901-1950ab_1932_bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

An act to add Section 7102 to the Business andProfessions Code relating to healing arts

-

AMENDED IN ASSEMBLY APRIL 172012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1932

Introduced by Assembly Member-Ceek Gorell(Coauthor Assembly Member Cook)

February 222012

An act to add Section 7102 to the Business and Professions Coderelating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1932 as amended euroook Gorell United States armed serviceshealing arts boards

Existing law provides for the licensure and regulation of varioushealing arts professions and vocations by boards within the Departmentof Consumer Affairs Existing law requires the rules and regulations ofthese healing arts boards to provide for methods of evaluating educationtraining and experience obtained in military service if such training isapplicable to the requirements of the particular profession or vocationregulated by the board Under existing law the Department of VeteransAffairs has specified powers and duties relating to various programsserving veterans

This bill would require by January 12014 and annually thereafterevery healing arts board to issue a specified written report to theDepartment of Veterans Affairs and the Legislature as specified thatclearly details the methods of evaluating the education training andexperience obtained in military service and whether that educationtraining and experience is applicable to the boards requirements forlicensure The bill would declare the intent of the Legislature in thisregard

98

AB 1932 -2-

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 710 of the Business and Professions Code2 was enacted in 1969 and because healing arts boards have not3 demonstrated significant compliance with that section it is the4 intent of the Legislature to establish an annual reporting5 requirement to compel these boards to provide information about6 the methods of evaluating education training and experience7 obtained in military service in order to meet the needs of the8 upcoming wave of armed service members returning to civilian9 life

10 SEC 2 Section 7102 is added to the Business and Professions11 Code to read12 7102 (a) By January 12014 and annually thereafter every13 healing arts board described in this division shall issue a written14 report to the Department of Veterans Affairs and to the Legislature15 that clearly details the methods of evaluating the education16 training and experience obtained in military service and whether17 that education training and experience is applicable to the boards18 requirements for licensure This written report shall include but19 not be limited to quantitative information about the number of20 service members who have applied for and have used their military21 education training and experience to fulfill the boards22 requirements for licensure23 (b) (1) The requirement to submit a report to the Legislature24 under subdivision (a) shall be inoperative on January 1 201825 pursuant to Section 102315 of the Government Code26 (2) A report to the Legislature shall be submitted in compliance27 with Section 9795 of the Government Code

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Page 7: DISCUSSION ANDPOSSIBLE ACTION REGARDING PENDING … · 2012-06-14  · Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of2010 (PublicLaw 111-152)

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to trettt the eore symptoms ttssoeittted Wvith tttttism speetrumdisorder

(3) Behtt iorttl intervefttion therttpy meMS the designimplementMion Md ettltltttion of enironmentttl modifietttionstlsing behtt iorM stimttli Md eonseqtlenees to prodttee soeittllysignifiettftt impro vement in behtt iors inelttding the tlse of direetobsen tttion mettstlfement ttnd fttnetionM ttnMyses of thereltttionship beh een engtironment Md behtt iorf41(1) Diagnosis of tttttism speetrum disoIders pervasive

developmental disorder or autism means medically necessaryassessment evaluations or tests to diagnose whether an individualhas one of the tttttism speetmm disoIders pervasive developmentaldisorder or autism

(5) E idenee bttsed resettreh mettns resettreh thttt ttppliesrigorotls sy stemtttie md obj eeti bulle proeedtlres to obtttin bullttlidknovvledge rek4ttnt to tttttism speetmm disorders

(2) Pervasive developmental disorder or autism shall havethe same meaning and interpretation as used in Section 137472

(3) Pharmacy care means medications prescribed by a licensedphysician and surgeon or other appropriately licensed or certifiedprovider and any health-related services deemed medicallynecessary to determine the need or effectiveness of the medications

e1(4) Psychiatric care means direct or consultative psychiatric

services provided by a psychiatrist or ttftY other ttppropritttelylieensed or eertified proider licensed in the state in which he orshe practices

t81(5) Psychological care means direct or consultative

psychological services provided by a psychologist or ttny otherftPpropritttely lieensed or eertified pro ider licensed in the state inwhich he or she practices

(9) Qtlttlified tttttism sen iee pro dder shttll inelttde Myntttionttlly or stttte lieensed or eertified person entity or grottp thtttdesigns sttpervises or pro) ides tretttment of tttttism speetntmdisorders Md the ttnlieensed persoflftel sttpervised by the lieensedor eertified person entity or gIOtlp proided the seniees ttreWvithinthe expeIienee md seope of prttetiee of the lieensed or

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AD 171 -6-

eertified person entity or grottp Qualified atltism senieeprolider shall also inelttde llft)serviee prot idef that is venaorizedby a regional eenter to pro vide those same seniees for fltltismspeetrttm disorders under DF~ision45 (eommeneing with Seetion4500) of the WeUftre and Instittttions Code or Title 14(eommeneing with Seetion 95000) of the GOvernment Code tmdthe ttnlieensed personnel sttpen ised b that pro vider or a StateDepMtment of Edtleation nonpttblie nonseetMitm agenq asdefined in Seetion 56035 of the Edtteation Code llpproved topro vide those same sen iees for fltltismspeetl tlm disorders and thettnlieensed personnel supen ised b that agene A qttalifiedfltltismseniee prOvider shall enstlfe eriminal baekgrotmdsereening tmdfingerprinting and adeqttate training and stlpenision of allpersonnel tltilizedto implement serviees Any nationallieense oreertifieation reeognizedby this seetion shaH be aeeredited by theNational Commission for Certiryi~ Agencies ~mCA)

fW1(6) Therapeutic care means services provided by a licensed

or certified speech therllpists therapist an occupational therllpiststherapist or a physical therllpists or tmy other llppropriatelylieensed or eertified pro vider therapist

fH1(7) Treatment for fltltism speetrttm disorders pervasive

developmental disorder or autism means all of the followingcare including necessary equipment that develops maintains orrestores to the maximum extent practicable the functioning orquality of life of an individual with pervasive developmentaldisorder or autism and is prescribed or ordered for an individualdiagnosed with one of the fltltism speetrttm disorders pervasivedevelopmental disorder or autism by a licensed physician andsurgeon or a licensed psychologist or an other llppropriatelylieensed or eertified pro vider who determines the care to bemedically necessary

(A) Behavioral health treatlnent(B1(A) Pharmacy care if the plan contract includes coverage for

prescription drugseuro1(B) Psychiatric care(B1

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-7- AB 171

(C) Psychological care$1(D) Therapeutic care(F) Aft) eMe flt)rindi vidttals vvith tttttism sleetmm dis6rders

that is dem6nstrated based tlf6n best Ilaetiees 6r evidenee basedreseMeh t6 be medieaH) neeessary

(8) Treatmentfor pervasive developmental disorder or autismdoes not include behavioral health treatment as defined in Section137473

(j) This section with the exception of subdivision (b) shall notapply to dental-only or vision-only health care service plancontracts

SEC 2 Section 10144511014453 is added to the InsuranceCode to read

10144511014453 (a) Everyhealthinsurancepolicyissuedamended

or renewed on or after January 1 2012 2013 that provideshospital medical or surgical coverage shall provide coverage forthe screening diagnosis and treatment of atltism sleetmmdis6rders pervasive developmental disorder or autism

(b) A health insurer shall not terminate coverage or refuse todeliver execute issue amend adjust or renew coverage to aninsured solely because the individual is diagnosed with or hasreceived treatment for Mt Mttism sleetmm dis6rder pervasivedevelopmental disorder or autism

(c) Coverage required to be provided under this section shallextend to all medically necessary services and shall not be subjectto any limits regarding age number of visits or dollar amountsCoverage required to be provided under this section shall not besubject to provisions relating to lifetime maximums deductiblescopayments or coinsurance or other terms and conditions that areless favorable to an insured than lifetime maximums deductiblescopayments or coinsurance or other terms and conditions thatapply to physical illness generally under the policy

(d) Coverage required to be provided under this section is ahealth care service and a covered health care benefit for purposesof this part Coverage shall not be denied on the basis of thelocation of delivery of the treatment or on the basis that thetreatment is habilitative nonrestorative educational academic orcustodial in nature

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AB 171 -8-

(e) A health insurer may request no more than once annuallya review of treatment provided to an insured for tttttism speetfllftidisorders pervasive developmental disorder or autism The costof obtaining the review shall be borne by the insurer Thissubdivision does not apply to inpatient services

(f) A health insurer shall establish and maintain an adequatenetwork of qualified tttttism service providers with appropriatetraining and experience in atttism speetmm disorders pervasivedevelopmental disorder or autism to ensure that insureds have achoice of providers and have timely access continuity of careand ready referral to all services required to be provided by thissection consistent with Sections 101335 and 1013355 and theregulations adopted pursuant thereto

(g) (1) This section shall not be construed as reducing anyobligation to provide services to an insured under an individualizedfamily service plan an individualized program plan a preventionprogram plan an individualized education program or anindividualized service plan

(2) This section shall not be construed as limiting or excludingbenefits that are otherwise available to an enrollee under a healthinsurance policy including but not limited to benefits that arerequired to be covered under Sections 101445 and 1014451

(3) This section shall not be construed to mean that the servicesrequired to be covered pursuant to this section are not requiredto be covered under other provisions of this chapter

f31(4) This section shall not be construed as affecting litigation

that is pending on January 12012(h) On ttnd after JMltlttry12014 to the extent that this seetion

reqtlires health benefits to be 110 vided that exeeed the essentittlhettlth benefits Ieqtlired to be provided tmder Seetion 1302(b) ofthe federal Patient Proteetion and Apoundfordable CMe Aet (PtlblieLal9 III 148) as amended b the federal Health CMe ttndEdtteation Reeoneiliation Aet of 2010 (Pttblie La bullbull III 152) byqualified hettlth plttns otIering those benefits in the CaliforniaHealth Benefit Exehttnge ptlfStltlntto Title 22 (eommeneing bullbullithSeetion 100500) of the GOvemment Code the speeifie benefitsthat exeeed the federally reqtlired essential health benefits Me notreqt1ired to be pro vided 17 hen otIered b a health instlIttneepolieytftrotlgh the Exehttnge However those speeifle benefits Me

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-9- AB 171

reqtlired to be pIovided if otIered b~ a health iftsttIfmee polieyotltside of the Exehflftge

(h) Notwithstanding subdivision (a) on and after January 12014 this section does not require any benefits to beprovided thatexceed the essential health benefits that all health plans will berequired byfederal regulations to provide under Section 1302(b)of thefederal Patient Protection and Affordable Care Act (PublicLaw 111-148) as amended by the federal Health Care andEducation Reconciliation Act of 2010 (Public Law 111-152)

(i) As used in this section the following terms shall have thefollowing meanings

(1) Atttism speetIttm disorder meflftS a ftettrobiologieaeoftditioft thM ifteltldes atttistie disorder AspergeIs disorder Rertsdisorder ehildhood disiffiegrMi ve disorder flftd per- asivede velopmemal disorder ftot otheIvise speeified

(2) Dehav iora health treatmem meflftS professioftal servieesand treatmem pf6grMlls ineluding beha vioral intergtentioft therapyapplied beha vioral flft~ sis flftd other imeftsi ve beha vioraprograms thM ha ve demonstrated effie~ to de velop maiffifliftor restore to the maximttm extem pIaetieable the fttftetioftiftg orquality of life of aft individttal and thM have beeft demoftstrMedto treat the eore s~mptoms assoeiMed fv ith atttism speetrumdisorder

(3) Dehavioral imer-efttioft thera~ meaftS the desigftimplememMioft flftd eJalttMioft of eftviromnemal modifieMioftsusiftg behavioral stimuli flftd eoftseqtleftees to produee soeiallysigftifieam improvement ift behflviOfs ifteludiftg the use of direetobser- Mioft meastlI emem flftd fuftetional flftaryses of therelMioftship betveen en viromneftt flftd beha viorf41(1) Diagnosis of atltism speetrtlm disoIders pervasive

developmental disorder or autism means medically necessaryassessment evaluations or tests to diagnose whether an individualhas ofte of the atltism speetrtim disorders pervasive developmentaldisorder or autism

(5) Evidenee based researeh meaftS research that appliesrigorotls s~stemMie and obj eetive proeedttres to obtaift validkftowledge re1eam to atttism speetrtlm disorders

(2) Pervasive developmental disorder or autism shall havethe same meaning and interpretation as used in Section 137472

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AB 171 -10-

t61(3) Pharmacy care means medications prescribed by a licensed

physician and surgeon or other appropriately licensed or certifiedprovider and any health-related services deemed medicallynecessary to determine the need or effectiveness of the medications

ffl(4) Psychiatric care means direct or consultative psychiatric

services provided by a psychiatrist or ftny other ftlpropritttelylieensed or eertified pro vider licensed in the state in which he orshe practices

t81(5) Psychological care means direct or consultative

psychological services provided by a psychologist or fm)i otherflPproprifttely lieensed or eertified provider licensed in the state inwhich he or she practices

(9) Quftlified fttltism serviee provider shftll inelude ftftyntttionftlry or stttte lieensed or eertified person entity or gIOtlp thtttdesigns sttpeIv ises or pro vides trefttment of fttttism speetI mndisorders ftndthe tlftlieensed pel sonnel Stlpen ised b the lieensedor eertified person entity or grotlp pro vided the sen iees Mefv ithin the experienee ftnd seope of prftetiee of the lieensed oreertified person entity or grotlp Qtlftlified fttltism senieepm vider shftllmso include ftft serviee pro vider thttt is vendorizedb ftregionM eenter to pro vide those sftme sen iees fur fttltismspeetrttm disorders tlftder DiVisioft 45 (eommeneiftg with Seetion4588) of the WeIfMe ftftd Instittttions Code or Title 14(eommefteiftg vvith Seetion 95888) of the GOvernment Code ftftdthe tlftlieensed personnel stlpen ised b thftt pro vider 01 ftStttteDepMtment of Edtlefttion nonpttblie ftonseetftriftft ftgene ftSdefifted in Seetioft 56835 of the Edtletttion Code flPProved 16pro vide those SMIlesen iees fuI fttltism speetrttm disorders and thetlftlieensed personnel supen ised b thttt ftgene A qttft1ifiedfttltismsen ice pro vider shftll ensttre eriminm bftekgrotlftd sereening ftftdfingerprintiftg ftftd ftdequttte trftining ftftd Stlpen isioft of allpersonnel tttilized to implement sen iees An ntttionftllieense oreertifietttion reeogftized b this seetion shftllbe fteeredited by theNtttioftm Commission fur Certifyiftg Agencies (NCCA)

fWt(6) Therapeutic care means services provided by a licensed

or certified speech therftlists therapist an occupational therftpists

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-11- AB 171

therapist or a physical therapists ~r an) ~ther appropriatelylieensed ~r eertihed pr~ bullbullider therapist

tH1(7) Treatment for atrtism speetmm dis~rders pervasive

developmental disorder or autism means all of the followingcare including necessary equipment that develops maintains orrestores to the maximum extent practicable the functioning orquality of life of an individual with pervasive developmentaldisorder or autism and is prescribed or ordered for an individualdiagnosed with ~ne ~f the atttism speetmm dis~Iders pervasivedevelopmental disorder or autism by a licensed physician andsurgeon or a licensed psychologist ~r an) ~ther appIopIiMelyHeensed ~r eertihed pr~vider who determines the care to bemedically necessary

(A) Behlh i~r8lhealth treatmenttB1(A) Pharmacy care if the policy includes coverage for

prescription drugsfeuro7(B) Psychiatric caretB1(C) Psychological care(E1(D) Therapeutic care(F) Any eare fur indi viduals Vol ith autism speetrum dis~rders

thM is dem~nstrMed based up~n best praetiees ~r evidenee basedreseareh t~ be mediealry neeessary

(8) Treatmentfor pervasive developmental disorder or autismdoes not include behavioral health treatment as defined in Section1014451

U) This section with the exception of subdivision (b) shall notapply to dental-only or vision-only health insurance policies

SEC 3 No reimbursement is required by this act pursuant toSection 6 of Article XIII B of the California Constitution becausethe only costs that may be incurred by a local agency or schooldistrict will be incurred because this act creates a new crime orinfraction eliminates a crime or infraction or changes the penaltyfor a crime or infraction within the meaning of Section 17556 ofthe Government Code or changes the definition of a crime within

96

AB 374 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASUREAUTHOR (S)TOPICHOUSE+LAST

AB NoHayashi

AthleticLOCATIONAMENDED DATE

374

SENOS272011

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

the request ofCOMM LOCATION

06162011In committee

authorSEN BUSINESS

Set first hearing Hearing canceled at

PROFESSIONS AND ECONOMIC DEVELOPMENT

TITLE An act to add Chapter 27 (commencing with Section18898) to Division 8 of the Business and ProfessionsCode relating to athletic trainers

httpwwwleginfocagovpub11-12billasmab_0351-0400ab_374_bill_20 652012

AB 386 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 386AUTHOR(S) GalgianiTOPIC Prisons telehealth systems+LAST AMENDED DATE 05112011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to add Section 50233 to the Penal Code relatingto prisoners

httpwww1eginfocagovpubI11-12lbillasmab_ 0351-0400ab _386_ bill_20120201_status 652012

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AB 439 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPICHOUSE+LAST

AB No 439Skinner

Health care informationLOCATION SENAMENDED DATE 06282011

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 07052011LAST HIST ACTION In committee Set first hearing Held without

recommendationCOMM LOCATION SEN JUDICIARY

TITLE An act to amend Section 5636 of the Civil Coderelating to health care information

httpwwwleginfocagovpub11-12billasmab_0401-0450ab _439 _bill_20120509 _status 652012

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AMENDED IN SENATE JUNE 28 2011

AMENDED IN ASSEMBLY MAY 182011

AMENDED IN ASSEMBLY APRIL 7 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 439

Introduced by Assembly Member Skinner

February 142011

An act to amend Section 5636 of the Civil Code relating to healthcare information

LEGISLATIVE COUNSELS DIGEST

AB 439 as amended Skinner Health care informationExisting law the Confidentiality of Medical Information Act (CMIA)

prohibits a health care provider a contractor or a health care serviceplan from disclosing medical information as defined regarding a patientof the provider or an enrollee or subscriber of the health care serviceplan without first obtaining an authorization except as specified Inaddition to other remedies available existing law authorizes anindividual to bring an action against any person or entity who hasnegligently released his or her confidential records in violation ofthoseprovisions for nominal damages of$lOOO

This bill would specify that in an action brought on or after January1 2012 a court may not award nominal damages if the defendantestablishes specified factors as an affirmative defense including butnot limited to that it is a covered entity as defined and has compliedwith any obligations to notify persons entitled to receive notice regardingthe release of the information The bill would also make a technicalnonsubstantive change

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Vote majority Appropriation no Fiscal committee noState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 5636 of the Civil Code is amended to2 read3 5636 (a) Any violation of the provisions of this part that4 results in economic loss or personal injury to a patient is punishable5 as a misdemeanor6 (b) In addition to any other remedies available at law any7 individual may bring an action against any person or entity who8 has negligently released confidential information or records9 concerning him or her in violation of this part for either or both

10 of the following11 (1) Except as provided in subdivision (e) nominal damages of12 one thousand dollars ($1000) In order to recover under this13 paragraph it shall not be necessary that the plaintiff suffered or14 was threatened with actual damages15 (2) The amount of actual damages if any sustained by the16 patient17 (c) (l) In addition any person or entity that negligently18 discloses medical information in violation of the provisions of this19 part shall also be liable irrespective of the amount of damages20 suffered by the patient as a result of that violation for an21 administrative fine or civil penalty not to exceed two thousand22 five hundred dollars ($2500) per violation23 (2) (A) Any person or entity other than a licensed health care24 professional who knowingly and willfully obtains discloses or25 uses medical information in violation of this part shall be liable26 for an administrative fine or civil penalty not to exceed twenty-five27 thousand dollars ($25000) per violation28 (B) Any licensed health care professional who knowingly and29 willfully obtains discloses or uses medical information in violation30 of this part shall be liable on a first violation for an administrative31 fine or civil penalty not to exceed two thousand five hundred32 dollars ($2500) per violation or on a second violation for an33 administrative fine or civil penalty not to exceed ten thousand34 dollars ($10000) per violation or on a third and subsequent35 violation for an administrative fine or civil penalty not to exceed

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twenty-five thousand dollars ($25000) per violation Nothing inthis subdivision shall be construed to limit the liability of a healthcare service plan a contractor or a provider of health care that isnot a licensed health care professional for any violation of thispart

(3) (A) Any person or entity other than a licensed health careprofessional who knowingly or willfully obtains or uses medicalinformation in violation of this part for the purpose of financialgain shall be liable for an administrative fine or civil penalty notto exceed two hundred fifty thousand dollars ($250000) perviolation and shall also be subject to disgorgement of any proceedsor other consideration obtained as a result of the violation

(B) Any licensed health care professional who knowingly andwillfully obtains discloses or uses medical information in violationofthis part for financial gain shall be liable on a first violation foran administrative fine or civil penalty not to exceed five thousanddollars ($5000) per violation or on a second violation for anadministrative fine or civil penalty not to exceed twenty-fivethousand dollars ($25000) per violation or on a third andsubsequent violation for an administrative fine or civil penalty notto exceed two hundred fifty thousand dollars ($250000) perviolation and shall also be subject to disgorgement of any proceedsor other consideration obtained as a result ofthe violation Nothingin this subdivision shall be construed to limit the liability of ahealth care service plan a contractor or a provider of health carethat is not a licensed health care professional for any violation ofthis part

(4) Nothing in this subdivision shall be construed as authorizingan administrative fine or civil penalty under both paragraphs (2)and (3) for the same violation

(5) Any person or entity who is not permitted to receive medicalinformation pursuant to this part and who knowingly and willfullyobtains discloses or uses medical information without writtenauthorization from the patient shall be liable for a civil penalty notto exceed two hundred fifty thousand dollars ($250000) perviolation

(d) In assessing the amount of an administrative fine or civilpenalty pursuant to subdivision (c) the Office of HealthInformation Integrity licensing agency or certifying board orcourt shall consider anyone or more of the relevant circumstances

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presented by any of the parties to the case including but not limitedto the following

(1) Whether the defendant has made a reasonable good faithattempt to comply with this part

(2) The nature and seriousness of the misconduct(3) The harm to the patient enrollee or subscriber(4) The number of violations(5) The persistence of the misconduct(6) The length of time over which the misconduct occurred(7) The willfulness of the defendants misconduct(8) The defendants assets liabilities and net worth(e) (1) In an action brought by an individual pursuant to

subdivision (b) on or after January 12012 the court shall awardany actual damages and reasonable attorneys fees and costs butmay not award nominal damages for a violation of this part if thedefendant establishes all of the following as an affirmative defense

(A) The defendant is a covered entity as defined in Section160103 of Title 45 of the Code of Federal Regulations

(B) The defendant has complied with any obligations to notifyall persons entitled to receive notice regarding the release of theinformation or records

(C) The release of confidential information or records was solelyto another covered entity

(D) The defendant took appropriate preventive actions to protectthe confidential information or records against release retentionor use by any person or entity other than the covered entity thatreceived the information or records including but not limited to

(i) Developing and implementing security policies andprocedures

(ii) Designating a security official who is responsible fordeveloping and implementing its security policies and proceduresincluding educating and training the workforce

(iii) Encrypting the information or records and protectingagainst the release or use of the encryption key and passwords ortransmitting the information or records in a manner designed toprovide similar protections against improper disclosures

(E) The defendant took appropriate corrective action after therelease of the confidential records or information and the coveredentity that received the information or records immediatelydestroyed or returned the information or records

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(F) The covered entity that received the confidential informationor records did not retain use or release the information or records

(G) The defendant has not Ifeviettsl) vielateti this IMt ef inthe eettrls tiisefetieft tieslite the Ifief vielatieftbeenfound liablefor a violation of this part within the three years preceding thealleged violation or the court determines that application of theaffirmative defense is found to be compelling and consistent withthe purposes ofthis section to promote reasonable conduct in lightof all the facts

(2) In an action under this subdivision a plaintiff shall beentitled to recover reasonable attorneys fees and costs withoutregard to an award of actual or nominal damages

(3) A defendant shall not be liable for more than one judgmenton the merits for a violation of this subdivision

(f) (1) The civil penalty pursuant to subdivision (c) shall beassessed and recovered in a civil action brought in the name of thepeople of the State of California in any court of competentjurisdiction by any of the following

(A) The Attorney General(B) Any district attorney(C) Any county counsel authorized by agreement with the

district attorney in actions involving violation of a countyordinance

(D) Any city attorney of a city(E) Any city attorney of a city and county having a population

in excess of 750000 with the consent of the district attorney(F) A city prosecutor in any city having a full-time city

prosecutor or with the consent of the district attorney by a cityattorney in any city and county

(G) The Director of the Office of Health Information Integritymay recommend that any person described in subparagraphs (A)to (F) inclusive bring a civil action under this section

(2) If the action is brought by the Attorney General one-halfofthe penalty collected shall be paid to the treasurer of the countyin which the judgment was entered and one-half to the GeneralFund If the action is brought by a district attorney or countycounsel the penalty collected shall be paid to the treasurer of thecounty in which the judgment was entered Except as provided inparagraph (3) if the action is brought by a city attorney or cityprosecutor one-half of the penalty collected shall be paid to the

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1 treasurer of the city in which the judgment was entered and one-half2 to the treasurer of the county in which the judgment was entered3 (3) If the action is brought by a city attorney of a city and4 county the entire amount of the penalty collected shall be paid to5 the treasurer of the city and county in which the judgment was6 entered7 (4) Nothing in this section shall be construed as authorizing8 both an administrative fine and civil penalty for the same violation9 (5) Imposition of a fine or penalty provided for in this section

10 shall not preclude imposition of any other sanctions or remedies11 authorized by law12 (6) Administrative fines or penalties issued pursuant to Section13 128015 of the Health and Safety Code shall offset any other14 administrative fine or civil penalty imposed under this section for15 the same violation16 (g) For purposes of this section knowing and willful shall17 have the same meanings as in Section 7 of the Penal Code18 (h) No person who discloses protected medical information in19 accordance with the provisions of this part shall be subject to the20 penalty provisions of this part

o

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AB 518 Assembly Bill Status Page I of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPICHOUSE+LAST

AB No 518Wagner

Elder and dependentLOCATION SENAMENDED DATE

adult abuse mandated reporters

03232011

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATION

06062011In committee Hearing postponed by committee

SEN BANKING AND FINANCIAL INSTITUTIONS

TITLE An act to repeal Section 7480 of the Government Codeand to amend Section 156301 of and to amend and repealSections 15633 15634 15640 and 156555 of theWelfare and Institutions Code relating to elder anddependent adult abuse

httpwwwleginfocagovpubll-12Ibillasmab_ 0501-0550ab_518_bill_2011 0615_status 652012

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AMENDED IN ASSEMBLY MARCH 23 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 518

Introduced by Assembly Member Wagner

February 152011

Aft aet to amend Seetion 156301 of the Welfare and InstittttionsCode relating to elder abtlse An act to repeal Section 7480 of theGovernment Code and to amend Section 156301 of and to amend andrepeal Sections 15633 15634 15640 and 156555 of the Welfare andInstitutions Code relating to elder and dependent adult abuse

LEGISLATIVE COUNSELS DIGEST

AB 518 as amended Wagner Elder and dependent adult abusemandated reporters

Existing law the Elder Abuse and Dependent Adult Civil ProtectionAct establishes procedures for the reporting investigation andprosecution of elder and dependent adult abuse including but notlimited to financial abuse as defined These procedures require personsdefined as mandated reporters to report known or suspected instancesof elder or dependent adult abuse A violation of the reportingrequirements by a mandated reporter is a misdemeanor Existing lawwhich will be repealed on January 12013 defines who is a mandatedreporter of suspected financial abuse of an elder or dependent adult Aviolation ofthe financial abuse reporting requirements is subject to civilpenalties

This bill would delete the January 1 2013 repeal date and makeconforming changes

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

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The people of the State of California do enact asfollows

1 SECTION 1 Section 7480 of the Government Code as2 amended by Section 2 of Chapter 234 of the Statutes of 2008 is3 repealed4 7480 Nothing in this ehapter prohibits an) of the following

(a) The dissemination of an) finaneial information that is not6 identified with or identifiable as being deri ved from the fiftMleial7 reeords of a partietllar etlstomer8 (b) When any poliee or sheriffs department or distriet attorney9 in this state eertines to a bank eredit tlftion or savin-gsassoeiation

in 4vritingthat a erime report has been filed that involves the11 alleged fratldttlent tlse of drafts eheeks or other orders drawfl12 tlJon MtY bank eredit tlftion or Sltv ings assoeiation in this state13 the poliee or sheriffs department or distriet attomey a eotlnty14 adttlt proteeti-ve sen iees oftiee 4vhen investigating the finaneial

abttse of an elder or dependent adttlt or a long term eare16 ombttdsman when investigating the finaneial abttse of an elder or17 dependent adttlt rna reqtlest a bank eredit tlftion or savings18 assoeiation to fttmish and a bank eredit tlftion or savings19 assoeiation shall fttmish a statement setting forth the folIowing

information with respeet to a etlstomer aeeotlnt speeified b) the21 reqttesting parry for a period 30 da s prior to and tlJ to 30 da) s22 following the date ofoeetnTenee of the alleged illegal aet invohin-g23 the aeeotlftt24 (1) The Itttftlber of items dishonored

(2) The nttmber of items paid that ereated Oierdrafts26 (3) The dollar volttme of the dishonored items and items paid27 whieh ereated overdrafts and a statement explaining an) eredit28 atTangementbetween the bank eredit tlftion or savin-gsassoeiation29 and etlstomer to pa) 0verdrafts

(4) The dates and amotlnts of deposits and debits and the aeeotlftt31 balanee on these dates32 (5) A eoJry of the signattlre eard inelttding the signattlre and33 an) addresses appearing on a etlstomers signattlre eard34 (6) The date the aeeottnt opened and ifapplieable the date the

aeeotlnt elosed36 (7) A bank eredit tlftion or saTvingsassoeiation that proiides37 the reqtlesting part) vvith eopies of one or more eomplete aeeottnt

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the taxpa er (2) the (iireet deposit refund bullbullas not rettlmed to theFranehise Tax Board and (3) the remnd TnaSdeposited direetlyon a speeifled date into the aeeotlftt of an aeeotmtholder of theflnaneial instittttion bullbullho bullbullas not entitled to reeei v e the refttndthen the flnaneial instittttion shall fttntish to the Franehise TaxBoard the name and address ofan eoo w ner eosigtter or an otherperson bullbullho had aeeess to the mnds in the aeeotlttt follo bullbulling thedate ofdiIeet deposit refund or if the aeeotmt has been dosed thename and address of the person bullbullho dosed the aeeOtlftt

(s) This seetion shall beeome operati v e on Jaftttary 1 2013SECTION 1SEC 2 Section 156301 of the Welfare and Institutions Code

is amended to read156301 (a) As used in this section mandated reporter of

suspected financial abuse of an elder or dependent adult meansall officers and employees of financial institutions

(b) As used in this section the term financial institution meansany of the following

(l) A depository institution as defined in Section 3(c) of theFederal Deposit Insurance Act (12 USC Sec 1813(c))

(2) An institution-affiliated party as defined in Section 3(u) ofthe Federal Deposit Insurance Act (12 USC Sec 1813(u))

(3) A federal credit union or state credit union as defined inSection 101 ofthe Federal Credit Union Act (12 USC Sec 1752)including but not limited to an institution-affiliated party of acredit union as defined in Section 206(r) of the Federal CreditUnion Act (12 USc Sec 1786(r))

(c) As used in this section financial abuse has the samemeaning as in Section 1561030

(d) (l) Any mandated reporter of suspected financial abuse ofan elder or dependent adult who has direct contact with the elderor dependent adult or who reviews or approves the elder ordependent adults financial documents records or transactionsin connection with providing financial services with respect to anelder or dependent adult and who within the scope of his or heremployment or professional practice has observed or hasknowledge of an incident that is directly related to the transactionor matter that is within that scope of employment or professionalpractice that reasonably appears to be financial abuse or whoreasonably suspects that abuse based solely on the information

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before him or her at the time of reviewing or approving thedocument record or transaction in the case of mandated reporterswho do not have direct contact with the elder or dependent adultshall report the known or suspected instance of financial abuse bytelephone immediately or as soon as practicably possible and bywritten report sent within two working days to the local adultprotective services agency or the local law enforcement agency

(2) When two or more mandated reporters jointly haveknowledge or reasonably suspect that financial abuse of an elderor a dependent adult for which the report is mandated has occurredand when there is an agreement among them the telephone reportmay be made by a member of the reporting team who is selectedby mutual agreement A single report may be made and signed bythe selected member of the reporting team Any member of theteam who has knowledge that the member designated to report hasfailed to do so shall thereafter make that report

(3) If the mandated reporter knows that the elder or dependentadult resides in a long-term care facility as defined in Section1561047 the report shall be made to the local ombudsman or locallaw enforcement agency

(e) An allegation by the elder or dependent adult or any otherperson that financial abuse has occurred is not sufficient to triggerthe reporting requirement under this section if both of the followingconditions are met

(1) The mandated reporter of suspected financial abuse of anelder or dependent adult is aware of no other corroborating orindependent evidence of the alleged financial abuse of an elder ordependent adult The mandated reporter of suspected financialabuse of an elder or dependent adult is not required to investigateany accusations

(2) In the exercise of his or her professional judgment themandated reporter of suspected financial abuse of an elder ordependent adult reasonably believes that financial abuse of anelder or dependent adult did not occur

(f) Failure to report financial abuse under this section shall besubject to a civil penalty not exceeding one thousand dollars($1000) or if the failure to report is willful a civil penalty notexceeding five thousand dollars ($5000) which shall be paid bythe financial institution that is the employer of the mandated

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reporter to the party bringing the action Subdivision (h) of Section15630 shall not apply to violations of this section

(g) (1) The civil penalty provided for in subdivision (f) shallbe recovered only in a civil action brought against the financialinstitution by the Attorney General district attorney or countycounsel No action shall be brought under this section by anyperson other than the Attorney General district attorney or countycounsel Multiple actions for the civil penalty may not be broughtfor the same violation

(2) Nothing in the Financial Elder Abuse Reporting Act of2005shall be construed to limit expand or otherwise modify any civilliability or remedy that may exist under this or any other law

(h) As used in this section suspected financial abuse of anelder or dependent adult occurs when a person who is requiredto report under subdivision (a) observes or has knowledge ofbehavior or unusual circumstances or transactions or a pattern ofbehavior or unusual circumstances or transactions that would leadan individual with like training or experience based on the samefacts to form a reasonable belief that an elder or dependent adultis the victim of financial abuse as defined in Section 1561030

(i) Reports of suspected financial abuse of an elder or dependentadult made by an employee or officer of a financial institutionpursuant to this section are covered under subdivision (b) of Section47 of the Civil Code

SEC 3 Section 15633 of the Welfare and Institutions Codeas amended by Section 5 of Chapter 140 of the Statutes of 2005is amended to read

15633 (a) The reports made pursuant to Sections 15630156301 and 15631 shall be confidential and may be disclosedonly as provided in subdivision (b) Any violation of theconfidentiality required by this chapter is a misdemeanorpunishable by not more than six months in the county jail by afine of five hundred dollars ($500) or by both that fine andimprisonment

(b) Reports of suspected abuse of an elder or dependent adultand information contained therein may be disclosed only to thefollowing

(1) Persons or agencies to whom disclosure of information orthe identity of the reporting party is permitted under Section156335

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(2) (A) Persons who are trained and qualified to serve onmultidisciplinary personnel teams may disclose to one anotherinformation and records that are relevant to the preventionidentification or treatment of abuse of elderly or dependentpersons

(B) Except as provided in subparagraph (A) any personnel ofthe multidisciplinary team or agency that receives informationpursuant to this chapter shall be under the same obligations andsubject to the same confidentiality penalties as the persondisclosing or providing that information The information obtainedshall be maintained in a manner that ensures the maximumprotection of privacy and confidentiality rights

(c) This section shall not be construed to allow disclosure ofany reports or records relevant to the reports of abuse of an elderor dependent adult if the disclosure would be prohibited by anyother provisions of state or federal law applicable to the reports orrecords relevant to the reports of the abuse nor shall it be construedto prohibit the disclosure by a financial institution of any reportsor records relevant to the reports of abuse of an elder or dependentadult if the disclosure would be required of a financial institutionby otherwise applicable state or federal law or court order

(d) This seetion shall remain in dIcet on) tmtilJantmry I 2813and as of that date is repealed unless a later enaeted statute thatis enaeted before JMlt1ary12813 deletes or extends that date

SEC 4 Section 15633 of the Welfare and Institutions Codeas added by Section 6 of Chapter 140 of the Statutes of 2005 isrepealed

15633 (a) The leports made ptlrstlMlt to Seetions 15638 and15631 shall be eonndential and may be diselosed on) as pro videdin stlbdivision (b) AIl) violation of the eonfidetttialrt reqtliredbythis ehapter is a misdemeanor ptlnishable bynot more than sixmoftths in the eounry jail b)l a nne ofn Vehundred dollars ($588)or byboth that nne and imprisonment

(b) Reports of stlspeeted elder 01 dependent adttlt abttse andinfenmation eontained therein may be diselosed only to thefollo vving

(1) Persons or ageneies to vvhomdiselostlfe of information orthe identity of the reporting pMty is permitted tlnder Seetion156335

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(2) EA) Persems who Me trftined Md qtlftlified to sene onmtlltidiseiplinftfjf persoflftel teftll1smfty diselose to one Mlotherinfermtttion Md reeords thftt Me relevflnt to the preventionidentifiefttion or trefttment of ftbttse of elderly or dependentpersons

EB) Exeept ftSpro vided in SMpMftgrftph EA) Mly personnel ofthe ftltlltidiseiplinftry teftftl or ftgeney thftt reeeives informfttionptlrstlftnt to this ehflPtel shftH he tinder the sftme ohligfttions ftndsttbjeet to the sftme eonfidentiftlity penftlties ftS the pelsondisdosing or pro viding thftt infermfttion The informfttion ohtftinedshftH he mftintftined in ft ftlftflfter thftt enstlfes the ftlftXimttmproteetion ofprivftey ftnd eonfidentiftlity rights

Ee) This seetion shftH not he eonstftled to ftHo diselostlfe ofMy reports or reeords rde vMit to the reports of elder or dependentftdttlt ftbttse if the disdostlfe votlld he prohibited hy My other110visions of stftte or federftllft bullbull ftppliefthle to the reports or reeordsrele vftnt to the reports of the flbttse

Ed) This seetion shftH heeome operftti ve on Jftntlftry I 2013SEC 5 Section 15634 of the Welfare and Institutions Code

as amended by Section 7 of Chapter 140 of the Statutes of 2005is amended to read

15634 (a) No care custodian clergy member healthpractitioner mandated reporter of suspected financial abuse of anelder or dependent adult or employee of an adult protectiveservices agency or a local law enforcement agency who reports aknown or suspected instance of abuse of an elder or dependentadult shall be civilly or criminally liable for any report requiredor authorized by this article Any other person reporting a knownor suspected instance of abuse of an elder or dependent adult shallnot incur civil or criminal liability as a result of any reportauthorized by this article unless it can be proven that a false reportwas made and the person knew that the report was false No personrequired to make a report pursuant to this article or any persontaking photographs at his or her discretion shall incur any civil orcriminal liability for taking photographs of a suspected victim ofabuse of an elder or dependent adult or causing photographs to betaken of such a suspected victim or for disseminating thephotographs with the reports required by this article Howeverthis section shall not be construed to grant immunity from thisliability with respect to any other use of the photographs

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(b) No care custodian clergy member health practitionermandated reporter of suspected financial abuse of an elder ordependent adult or employee of an adult protective services agencyor a local law enforcement agency who pursuant to a request froman adult protective services agency or a local law enforcementagency investigating a report of known or suspected abuse of anelder or dependent adult provides the requesting agency withaccess to the victim of a known or suspected instance of abuse ofan elder or dependent adult shall incur civil or criminal liabilityas a result of providing that access

(c) The Legislature finds that even though it has providedimmunity from liability to persons required to report abuse of anelder or dependent adult immunity does not eliminate thepossibility that actions may be brought against those persons basedupon required reports of abuse In order to further limit the financialhardship that those persons may incur as a result of fulfilling theirlegal responsibilities it is necessary that they not be unfairlyburdened by legal fees incurred in defending those actionsTherefore a care custodian clergy member health practitioneror an employee of an adult protective services agency or a locallaw enforcement agency may present to the StMe B6Md 6pound C6ntr61California Victim Compensation and Government Claims Boarda claim for reasonable fttt6meys attorneys fees incurred in anyaction against that person on the basis of making a report requiredor authorized by this article if the court has dismissed the actionupon a demurrer or motion for summary judgment made by thatperson or if he or she prevails in the action The StMe B6ftrd 6fC6ntr61 California Victim Compensation and Government ClaimsBoard shall allow that claim if the requirements ofthis subdivisionare met and the claim shall be paid from an appropriation to bemade for that purpose Att6mey s Attorneys fees awarded pursuantto this section shall not exceed an hourly rate greater than the ratecharged by the Attorney General at the time the award is madeand shall not exceed an aggregate amount of fifty thousand dollars($50000) This subdivision shall not apply if a public entity hasprovided for the defense of the action pursuant to Section 995 ofthe Government Code

(d) This seeti6n shftll remftin in dfeet 6ttly tmtil J8fttlfll)1 2013ftnd ftS6pound thftt dMe is repeftled wIess ft IMer enfteted stMute thMis en8eted before Jftftt18ry12013 deletes 6r extends thM dMe

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SEC 6 Section 15634 of the Welfare and Institutions Codeas amended by Section 711 ojChapter 538 of the Statutes oj2006is repealed

15634 eft) No eMe etlstodimt ele~ member hea-lthpraetitioner or employee of an adttlt proteeti-ve serviees ageneyor a loeal larn enforeement ageney who reports a lrnown orsttspeeted instanee of elder or dependent adtllt abtlse shaHbe eiviHyor eriminalry liable for any report reqttired or attthorizedby thisartiele Any other peIson reporting a lrnOWfior stlspeeted instaneeof elder or dependeItt adttIt abtlse shall not inettr ei vil or eriminalliability as a restllt of any report attthorizedby this artiele ttnlessit ean be pro ven that a false report was made and the person knewthat the report vvasrelse gteJoperson reqtlired to make a reportptlrstlant to this artiele or any person taking photographs at his orher diseretion shall inettr any eivii or eriminalliability fer takingphotographs of a stlspeeted vietim of elder or dependent adtlltabtlse or eattsing photographs to be taken of the stlspeeted vietimor fOIdisseminating the photographs with the reports reqtlired bythis artiele However this seetion shall not be eonstmed to gIantimmttnity from this liability vvithrespeet to any other tlse of thephotographs

(b) No eMe etlstodian el~ member health praetitioner oremployee of an adtlIt proteetive seniees ageney or a loea-l lawenfereemeItt ageney who pttrsttant to a reqtlest from an adttltproteeti-ie seniees ageney or a loeal lavI enforeemeItt ageneyinvestigating a report of lrnOViftor stlspeeted elder or dependentadtllt abtlse proides the reqtlesting ageney with aeeess to thevietim of a lrnovvnor stlspeeted instanee of elder or dependeIttadttlt abtlse shall inettr eiviI or eriminal liability as a restlIt ofpro viding that aeeess

ee) The Legislatttre finds that even thOtlgh it has pIOvidedimmtlnity from liability to peIsons reqtlired to report elder ordependent mit abttse immtlIlity does not eliminate the possibilitythat aetions may be brotlght agamst those persons based tlJ0nreqtlired reports of abtlse In order to fttrther limit the finaneialhardship that those persons may inettr as a resttIt offttlfilling theirlegal responsibilities it is neeessary that they not be tlftreirlybttrdened by legal fees inetlffed in defending those aetionsTherefore a eMeetlstodian ele~ member health praetitioneror employee ofan adttlt proteetive seniees ageney or a loeallffi7t

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AB518 -18-

enfOieement agene)l ma) present to the CalifeJmia VietimCempensatien and Geemment Claims BeMd a elaim feJrreasenable atteme)s fees inetJifedin any aetien agffinstthat persenen the basis efmMcinga repert reqtlired er attth6rizedb)l this Mtieleif the eeM has dismissed the aetien t1pen a demtlffer el metienfur sttmillM)lj tldgment made b that persen el ifhe er she preailsin the aetien The Califumia Vietim Cempensatien andGeemment Claims Beard shall allew that ehtim if thereqtlirements ef this sttbdi isien Me met and the elaim shall bepaid fl6man fllprepriatien te be made fur that ptllpese Atteme) sfees aarded ptliStlMltto this seetien shall net exeeedan hetlilyrate greater than the late eharged b the Attemey General at thetime the aard is made and sh8llnet exeeedan aggregate amettllteffitty thetlsanBdellMs ($50000) This sttbdF isien shall net applyif a pttblie enti) has pmbullided fer the defense ef the aetien ptlistlantte Seetien 995 ef the Ge emment Cede

(6) This seetien shall beeeme eperatie en JMttlM)12013SEC 7 Section 15640 of the Welfare and Institutions Code

as amended by Section 9 of Chapter 140 of the Statutes of2005is amended to read

15640 (a) (1) An adult protective services agency shallimmediately or as soon as practically possible report by telephoneto the law enforcement agency having jurisdiction over the caseany known or suspected instance of criminal activity and to anypublic agency given responsibility for investigation in thatjurisdiction of cases of elder and dependent adult abuse everyknown or suspected instance of abuse pursuant to Section 15630or 156301 of an elder or dependent adult A county adult protectiveservices agency shall also send a written report thereof within twoworking days of receiving the information concerning the incidentto each agency to which it is required to make a telephone reportunder this subdivision Prior to making any cross-report ofallegations of financial abuse to law enforcement agencies anadult protective services agency shall first determine whether thereis reasonable suspicion of any criminal activity

(2) If an adult protective services agency receives a report ofabuse alleged to have occurred in a long-term care facility thatadult protective services agency shall immediately inform theperson making the report that he or she is required to make thereport to the long-term care ombudsman program or to a local law

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-19- AB518

enforcement agency The adult protective services agency shallnot accept the report by telephone but shall forward any writtenreport received to the long-term care ombudsman

(b) If an adult protective services agency or local lawenforcement agency or ombudsman program receiving a report ofknown or suspected elder or dependent adult abuse determinespursuant to its investigation that the abuse is being committed bya health practitioner licensed under Division 2 (commencing withSection 500) of the Business and Professions Code or any relatedinitiative act or by a person purporting to be a licensee the adultprotective services agency or local law enforcement agency orombudsman program shall immediately or as soon as practicallypossible report this information to the appropriate licensingagency The licensing agency shall investigate the report in lightof the potential for physical harm The transmittal of informationto the appropriate licensing agency shall not relieve the adultprotective services agency or local law enforcement agency orombudsman program of the responsibility to continue its owninvestigation as required under applicable provisions of law Theinformation reported pursuant to this paragraph shall remainconfidential and shall not be disclosed

(c) A local law enforcement agency shall immediately or assoon as practically possible report by telephone to the long-termcare ombudsman program when the abuse is alleged to haveoccurred in a long-term care facility or to the county adultprotective services agency when it is alleged to have occurredanywhere else and to the agency given responsibility for theinvestigation of cases of elder and dependent adult abuse everyknown or suspected instance of abuse of an elder or dependentadult A local law enforcement agency shall also send a writtenreport thereof within two working days of receiving the informationconcerning the incident to any agency to which it is required tomake a telephone report under this subdivision

(d) A long-term care ombudsman coordinator may report theinstance of abuse to the county adult protective services agencyor to the local law enforcement agency for assistance in theinvestigation of the abuse if the victim gives his or her consent Along-term care ombudsman program and the Licensing andCertification Division ofthe State Department ofIIealth SeI ieesPublic Health shall immediately report by telephone and in writing

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AB518 -20-

1 within two working days to the bureau any instance of neglect2 occurring in a health care facility that has seriously harmed any3 patient or reasonably appears to present a serious threat to the4 health or physical well-being of a patient in that facility If a victim5 or potential victim of the neglect withholds consent to being6 identified in that report the report shall contain circumstantial7 information about the neglect but shall not identify that victim or8 potential victim and the bureau and the reporting agency shall9 maintain the confidentiality of the report until the report becomes

lOa matter of public record11 (e) When a county adult protective services agency a long-term12 care ombudsman program or a local law enforcement agency13 receives a report of abuse neglect or abandonment of an elder or14 dependent adult alleged to have occurred in a long-term care15 facility that county adult protective services agency long-term16 care ombudsman coordinator or local law enforcement agency17 shall report the incident to the licensing agency by telephone as18 soon as possible19 (f) County adult protective services agencies long-term care20 ombudsman programs and local law enforcement agencies shall21 report the results of their investigations of referrals or reports of22 abuse to the respective referring or reporting agencies23 Eg) This seeti6n shall remain in dIcet 6ny tlfttilJ~ 1201324 and as 6f that date is repealed unless a later enaeted stMttte that25 is enaeted bef6re Janttary 12013 deletes 6r extends that date26 SEC 8 Section 15640 of the Welfare and Institutions Code27 as added by Section 10 of Chapter 140 of the Statutes of 2005 is28 repealed 29 15640 Ea) E1) An adult pr6teeti e sen iees ageney shall30 immediate) 6r as S66nas praetieal) p6ssible rep6rt 0 te1eph6ne31 t6 the la~ enf6reement ageney haing jttrisdieti6n 6er the ease32 an kntMfl6r suspeeted instanee 6f eriminal aeth it) and t6 any33 pttblie agene gien resp6nsibilit) f6r illestigMi6n in that34 jurisdieti6n 6f eases 6f elder and dependent adttlt abuse eery35 kfl6n6r suspeeted instanee 6f aetlse purstlant t6 Seeti6n 1563036 6f an elder 6r dependent adttlt A e6t11ltyadttlt pr6teeti e sen iees37 ageney shall als6 send a TV ritten rep6rt there6f Vv ithin ti 6 V 6rking38 days 6f reeeiving the inwrmati6n e6neeming the ineident t6 eaeh39 ageney t6 vv hieh it is reqtlired t6 make a teleph6ne Iep6rt tlftder40 this subdiisi6n Pri6r t6 making an er6SSIep6rt 6f allegati6ns

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-21- AB518

offilumeial abttse to lavvenforeemertt a-geneiesMladult proteetFesen iees agene) shaH first determine whether there is reasonablesuspieion of tmJ eriminM aeti vit

(2) If an adult proteeti ve sen iees agene) reeei ves a report ofabttse alleged to ha ve oeettlTed in a long teml eare faeilit) thatadttlt proteeti ve sen iees ageney shall immediate) infoml theperson making the report that he or she is required to make thereport to the long term eare ombttdsman program 01 to aloeallawenforeemertt a-geneyThe adttlt proteeti ve sen iees agene) shallnot aeeept the report b) telephone btlt shall fonvMd flit) vvTittenreport leeehed to the long teml eare ornbtldsman

(b) If an adtllt proteetive seniees ageney or loeal lawenforeement agene) or ornbtldsman program reeei vinga report ofkftovm or stlspeeted elder or dependent adttlt MtlSe determinespttrstlartt to its inYestigationthat the flbttseis being eommitted bya health 11aetitioner lieensed tlftder Division 2 (eonJffieneingwithSeetion 500) of the Btlsiness flftdProfessions Code or flit) lelatedinitiatiye aet or by a person ptlrporting to be a lieensee the adtlltproteetive seniees a-gene) or loeallaw enforeement agene) orombttdsman program shall immediate) or as soon as praetieall)possible report this mformation to the appropriate lieensingagene) The lieensing agene) shall investigate the report in lightof the poterttial fur ph) sieal hamlThe trMlsmittfllof informationto the appropriate lieensing agene) shall not relieve the adtlltproteethe serviees agene) or loeallaw enforeement agene) orornbtldsmflft program of the responsibility to eorttinue its 0~vninvestigation as reqttired tlftder applieable provisions of law Theinformation reported pttrstlant to this paragraph shall remaineoniiderttial flItdshfl11not be diselosed

(e) A loealla bullbull enforeement agefte) shall immediate) or assoon as praetieal) possible report b) telephone to the long termeare ombtldsman program bullbullhen the abtlse is alleged to haveoeetllTed in a long term eare faeilit) or to the eotlnt) adttltproteetive seniees agene) bullbullhen it is alleged to have oeeUlfedan) vvhere else flftd to the agene) gh en responsibilit) for theinvestigation of eases of elder and dependent adttlt abtlse everykftovm or stlspeeted instflftee of MtlSe of an elder or dependerttadttlt A loeallaw enforeement ageney shall also send a Ylfittenreport thereof bullbullithin ftv0 vvorking dfl)s ofreeei ving the infomlation

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AB518 -22-

eoneeming the ineident to an agenC) to vvhieh it is reqtlired toftutke a telephone report tlIlderthis stlbdh ision

Ed) A long tenn eare ombttdsman eoordinator mll) report theinstlllleeof abtlse to the eot1llryadttlt proteetive seniees ageneyor to the loeal la bullbull enforeement agenC) for assistlllleein theinvestigationof the abttse if the vietim gives his or her eonsent Along tenn eMe ombtldsmllllprogram llIldthe Lieensing llIldCertifieation Division of the State DepMtment ofIIealth Senieesshall immediately report b telephone llIldin vvriting vvithin hiv0tv orkingdll) s to the bm eatl an instlllleeof negleet oeet1ffingin ahealth eare faeiliry that has seriotlsl hMmed an patient orreasonably appeMs to present a seriotls threat to the health orph sieal vvell being of a patient in that ffteiliry If a J ietim orpotential TV ietim of the neglect vithholds eonsent to being identifiedin that report the report shall eontain eirettmstlllltialinformationabom the negleet bm shall not identif) that vietim or potentialvietim and the bttreatl llIldthe reporting agenC) shall maintain theeoniidentialiry of the report tlntil the report beeomes a matter ofptlblie reeord

Ee) hen a eotlllryadttlt proteeti ve sen iees agenC) a long termeare ombtldsman program or a loeal la enforeement ageneyreeeives a report ofabttse negleet or ablllldonmentofllllelder ordependent adttlt alleged to have oeet1ffedin a long term earefaeiliry that eotlnty adtllt proteeti ve sen iees agenC) long termeare ombtldsmlllleoordinator or loeallavv enforeement ageneyshall report the ineident to the lieensing agene b telephone assoon as possible

ED COtl1lt)adtllt proteetive seniees ageneies long term eareombttdsman programs and 10ea1lavvenforeement ageneies shallreport the restllts of their investigations of referrals or reports ofabtlse to the respeetive referring or reporting ageneies

Eg) This seetion shall beeome operative on JllIlt1flry12013SEC 9 Section 156555 of the Welfare and Institutions Code

as amended by Section 11 of Chapter 140 of the Statutes of 2005is amended to read

156555 A county adult protective services agency shallprovide the organizations listed in paragraphs (v) (w) and (x) ofSection 1561017 and mandated reporters of suspected financialabuse of an elder or dependent adult pursuant to Section 156301with instructional materials regarding abuse and neglect of an elder

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1 or dependent adult and their obligation to report under this chapter2 At a minimum the instructional materials shall include the3 following4 (a) An explanation of abuse and neglect of an elder or dependent

adult as defined in this chapter6 (b) Information on how to recognize potential abuse and neglect7 of an elder or dependent adult8 (c) Information on how the county adult protective services9 agency investigates reports of known or suspected abuse and

neglect11 (d) Instructions on how to report known or suspected incidents12 of abuse and neglect including the appropriate telephone numbers13 to call and what types of information would assist the county adult14 protective services agency with its investigation of the report

(e) This seetion shall remain in eifcet only tlfttil Jflfttlttry 1 201316 and as of that date is repealed tmless a later enaeted stattlte that17 is enaeted before Jafttlttry 12013 deletes or extends that date18 SEC 10 Section 156555 of the Welfareand Institutions Code19 as amended by Section 712 of Chapter 538 of the Statutes of2006

is repealed21 156555 A eottftt) achtlt proteetive serviees agene) shall22 pmvide the organi2ations listed in paragraphs (v) (vv) and Ex) of23 Seetion 1561017 with instItletional materials regarding elder and24 dependent achtlt abtlse and negleet and their obligation to report

under this ehapter At a minimum the instruetional materials shall26 inelude the follovving27 (a) An explanation of elder and dependent achtlt abuse and28 negleet as defined in this ehapter29 (b) Information on how to reeogni2e potential elder and

dependent achtlt abuse and negleet31 (e) Information on ho vIthe eottftt) achtlt proteeti ve serv iees32 agene) investigates reports of knovm or suspeeted abuse and33 negleet34 (d) Instmetions on hovv to report ]movvn or suspeeted ineidents

of abuse and negleet ineltlding the appropriate telephone llt11llbers36 to eall and what rypes of information vvould assist the eount) adult37 proteetirv e sen iees agene) with its in (estigation of the report38 (e) This seetion shall beeome operati e on January I 20 13

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AB 608 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 608Pan

Health care coverage telemedicine

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to health care

httpwww1eginfocagovpubII-12Ibillasmab_0601-0650ab _608_ bill_ 20120201_status 652012

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AB 783 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 783AUTHOR(S) HayashiTOPIC Professional corporations licensed physical therapists

and occupational therapists+LAST AMENDED DATE 04072011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

COMMCOMMCOMM

HIST ACT DATEHIST ACTION

From committeeRule 62(a)

LOCATION SENACTION DATEACTION

06282011In committee Set second hearing Failed passagewithout further action pursuant to Joint

LASTLAST

BUSINESS PROFESSIONS AND ECONOMIC DEVELOPMENT06272011

Set second hearing Failed passage in Committee

TITLE An act to amend Section 2406 of the Business andProfessions Code and to amend Section 134015 of theCorporations Code relating to professional corporations

httpwwwleginfocagovpub11-12billasmab_0751-0800ab_783_bill_20111115_status 652012

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AMENDED IN ASSEMBLY APRIL 7 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 783

Introduced by Assembly Member Hayashi

February 172011

An act to amend Section 2406 of the Business and Professions Codeand to amend Section 134015 of the Corporations Code relating toprofcssiemal eorporations and deelaring the mgeney thereof to tttkeeffeet immediatelyprofessional corporations

LEGISLATIVE COUNSELS DIGEST

AB 783 as amended Hayashi Professional corporations licensedphysical therapists and occupational therapists

Existing law regulating professional corporations provides that certainhealing arts practitioners may be shareholders officers directors orprofessional employees of a medical corporation-er-a podiatric medicalcorporation or a chiropractic corporation subject to certain limitations

This bill would add licensed physical therapists and licensedoccupational therapists to the list of healing arts practitioners who maybe shareholders officers directors or professional employees of thosecorporations The bill would also make conforming changes to a relatedprovision

This bill vv otlld deelare that it is to take etteet immediately as anmgeney statttte

Vote -majority Appropriation no Fiscal committee noState-mandated local program no

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AB783 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 2406 of the Business and Professions2 Code is amended to read3 2406 A medical corporation or podiatry corporation is a4 corporation that is authorized to render professional services as

defined in Sections 13401 and 134015 ofthe Corporations Code6 so long as that corporation and its shareholders officers directors7 and employees rendering professional services who are physicians8 and surgeons psychologists registered nurses optometrists9 podiatrists chiropractors acupuncturists naturopathic doctors

physical therapists or in the case of a medical corporation only11 physician assistants marriage and family therapists or clinical12 social workers are in compliance with the Moscone-Knox13 Professional Corporation Act the provisions of this article and all14 other statutes and regulations now or hereafter enacted or adopted

pertaining to the corporation and the conduct of its affairs16 With respect to a medical corporation or podiatry corporation17 the governmental agency referred to in the Moscone-Knox18 Professional Corporation Act is the board19 SEC 2 Section 134015 of the Corporations Code is amended

to read21 134015 Notwithstanding subdivision (d) of Section 1340122 and any other provision of law the following licensed persons23 may be shareholders officers directors or professional employees24 of the professional corporations designated in this section so long

as the sum of all shares owned by those licensed persons does not26 exceed 49 percent ofthe total number of shares of the professional27 corporation so designated herein and so long as the number of28 those licensed persons owning shares in the professional29 corporation so designated herein does not exceed the number of

persons licensed by the governmental agency regulating the31 designated professional corporation32 (a) Medical corporation33 (1) Licensed doctors of podiatric medicine34 (2) Licensed psychologists

(3) Registered nurses36 (4) Licensed optometrists37 (5) Licensed marriage and family therapists38 (6) Licensed clinical social workers

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-3-

(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists(10) Naturopathic doctors(11) Licensed physical therapists(12)Licensed occupational therapists(b) Podiatric medical corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed optometrists(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(8) Licensed physical therapists(9) Licensed occupational therapists(c) Psychological corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Registered nurses(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed chiropractors(8) Licensed acupuncturists(9) Naturopathic doctors(d) Speech-language pathology corporation(1) Licensed audiologists(e) Audiology corporation(1) Licensed speech-language pathologists(t) Nursing corporation(l) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists

AB783

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AB783 -4-

(10) Naturopathic doctors(g) Marriage and family therapy corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed clinical social workers(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(h) Licensed clinical social worker corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed marriage and family therapists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(i) Physician assistants corporation(1) Licensed physicians and surgeons(2) Registered nurses(3) Licensed acupuncturists(4) Naturopathic doctorsG) Optometric corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(k) Chiropractic corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed acupuncturists(9) Naturopathic doctors

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-5- AB783

(10) Licensed physical therapists(11) Licensed occupational therapists(l) Acupuncture corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed physician assistants(9) Licensed chiropractors(10) Naturopathic doctors(m) Naturopathic doctor corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed physician assistants(5) Licensed chiropractors(6) Licensed acupuncturists(7) Licensed physical therapists(8) Licensed doctors of podiatric medicine(9) Licensed marriage family and child counselors(10) Licensed clinical social workers(11) Licensed optometrists(n) Dental corporation(1) Licensed physicians and surgeons(2) Dental assistants(3) Registered dental assistants(4) Registered dental assistants in extended functions(5) Registered dental hygienists(6) Registered dental hygienists in extended functions(7) Registered dental hygienists in alternative practiceSEC 3 This aet is Ml ttrgene statttte neeessary for the

immediatepresenation of the ptlblie peaee hettlihor saferyvvithinthe meMling of Miele IV of the Constittttion Mld shaHgo intoimmediate effeet The fftets eonstitttting the neeessiry Me

In order to 8t1thorizelieensed physieal therapists to beshareholders offieers mreetors or professional employees of

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AD7S3 -6-

1 memeal eorpofatiofts andpodiatrie medieal eorpofatiofts as soOft2 as possible it is fteeessary that this aet tftke dIeet immediately

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AB 800 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 800Huber

Boards and commissions time reporting

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to add Section 1156410 to the Government Coderelating to boards and commissions

httpwwwleginfocagovpubI11-12billasmlab_0751-0800ab _800_ bill_20120201_status 652012

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AB 958 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 958Bill Berryhill

Regulatory boards limitations periods

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to Art IV Sec 10(e) of theFrom committee Filed with the Chiefto Joint Rule 56BUSINESS PROFESSIONS AND CONSUMER PROTECTION

TITLE An act to add Section 1105 to and to repeal Sections16702 22305 296005 3137 375051 498205499032 5561 5661 76865 988420 and 98898 of theBusiness and Professions Code relating to regulatoryboards

httpwwwleginfocagovpub11-12lbillasmlab_0951-1 OOOab_958 _bill_ 20120202_ status 652012

AB 1003 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 1003Smyth

Professional and vocational licenses

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to professional and vocational licenses

httpwwwleginfocagovpubll-12Ibillasmlab_l00l-l 050ab_1003 _bill_2012020 I_statu 652012

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AB 1205 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1205AUTHOR(S) Bill BerryhillTOPIC Licensed behavior analysts+LAST AMENDED DATE 04042011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to amend Section 499018 of and to add Chapter52 (commencing with Section 252971) to Division 2 ofthe Business and Professions Code relating to healingarts

httpwwwleginfocagovpub11-12billasmab _120 1-1250ab_1205 _bill_20 120201_statu 652012

AB 1435 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1435AUTHOR(S) Dickinson (Coauthors Alejo Buchanan and Hill) TOPIC Child abuse reporting athletic personnelHOUSE LOCATION SEN+LAST AMENDED DATE OS252012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredState-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS for

LASTLAST

APPROPRIATIONSOS252012

Do pass as amendedAyes 17 Noes OOPASS

TITLE An act to amend Section 111657 of the Penal Coderelating to child abuse reporting

httpwww1eginfocagovpub11-12lbiIVasmab_140 1-1450ab _1435 _bill~0120601_statu 652012

AMENDED IN ASSEMBLY MAY 25 2012

AMENDED IN ASSEMBLY MARCH 21 2012

AMENDED IN ASSEMBLY MARCH 142012

AMENDED IN ASSEMBLY FEBRUARY 29 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1435

Introduced by Assembly Member Dickinson(Coauthors Assembly Members Alejo Buchanan and Hill)

January 4 2012

An act to amend Section 111657 of the Penal Code relating to childabuse reporting

LEGISLATIVE COUNSELS DIGEST

AB 1435 as amended Dickinson Child abuse reporting athleticpersonnel

Existing law the Child Abuse and Neglect Reporting Act requiresa mandated reporter as defined to report whenever he or she in his orher professional capacity or within the scope of his or her employmenthas knowledge of or observed a child whom the mandated reporterknows or reasonably suspects has been the victim of child abuse orneglect Failure to report an incident is a crime punishable byimprisonment in a county jail for a period of up to 6 months a fine ofup to $1000 or by both that imprisonment and fine

This bill would add athletic coaches athletic administrators andathletic directors employed by a public or private organization to thelist of individuals who are mandated reporters The bill otlld reqtlirean ptlblie or pri v ate orgflftizationernplo ing flftathletieeoaen Mhletie

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AB 1435 -2-

ftdministrator or Mhletie direetor to hftve provided initiftl trftining byJflfttlM) I 2014 on speeified mfttters relMing to ehiM a-bttse ftftdnegleetfor those employees On ftftd ftfter lftnuftry 12014 the bill vvottld reeJtlireinitiftl trftining to be pro vided IV ithin 6 months of the dMe ftn indi vidttftlbeeomes employed in thM eftlfteiry The bill vvouM require theseindividuftls to eomplete eontifttling tminmg every 2 yeMs

By imposing the reporting requirements on a new class of personsfor whom failure to report specified conduct is a crime ftftdby imposingne~ trftining reeJtlirements on publie oIgftfiiZMions ineluding loeftlgOvernment entities this bill would impose a state-mandated localprogram

The Cftlifomift Constittltion reqtlires the stMe to reimbtlfse loeftlftgeneies ftnd sehool distriets for eertftin eosts mftftdMed by the stftteStftttltory pItYvisions esffiblish proeedtlfes for mftkffigthftt reimbtlfsement

This bill hould pro vide thM 4vith regMd to eertftin mftftdfttes noIeimbtlfsement is reeJtlired by this ftet for ft speeified reftson

Vith regftM to ftny other mftndMeS this bill vv0tlM pro vide thM if theCommission on StMe ~bndtltes determines thM the bill eontftins eostsso mftndftted by the stftte reimbttIsement for those eosts shftll be mftdeptlfStlftnt to the stftttltory pro visions noted ttbo ve

The California Constitution requires the state to reimburse localagencies and school districts for certain costs mandated by the stateStatutory provisions establish procedures for making thatreimbursement

This bill would provide that no reimbursement is required by this actfor a specified reason

Vote majority Appropriation no Fiscal committee yesState-mandated local program yes

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 111657 of the Penal Code is amended2 to read3 111657 (a) As used in this article mandated reporter is4 defined as any of the following5 (1) A teacher6 (2) An instructional aide7 (3) A teachers aide or teachers assistant employed by any8 public or private schooL9 (4) A classified employee of any public schooL

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-3- AB 1435

1 (5) An administrative officer or supervisor of child welfare and2 attendance or a certificated pupil personnel employee of any public3 or private school4 (6) An administrator of a public or private day camp

(7) An administrator or employee of a public or private youth6 center youth recreation program or youth organization7 (8) An administrator or employee of a public or private8 organization whose duties require direct contact and supervision9 of children

(9) Any employee of a county office of education or the State11 Department of Education whose duties bring the employee into12 contact with children on a regular basis13 (10) A licensee an administrator or an employee of a licensed14 community care or child day care facility

(11) A Head Start program teacher16 (12) A licensing worker or licensing evaluator employed by a17 licensing agency as defined in Section 111651118 (13) A public assistance worker19 (14) An employee of a child care institution including but not

limited to foster parents group home personnel and personnel of21 residential care facilities22 (15) A social worker probation officer or parole officer23 (16) An employee of a school district police or security24 department

(17) Any person who is an administrator or presenter of or a26 counselor in a child abuse prevention program in any public or27 private school28 (18) A district attorney investigator inspector or local child29 support agency caseworker unless the investigator inspector or

caseworker is working with an attorney appointed pursuant to31 Section 317 of the Welfare and Institutions Code to represent a32 mmor33 (19) A peace officer as defined in Chapter 45 (commencing34 with Section 830) of Title 3 of Part 2 who is not otherwise

described in this section36 (20) A firefighter except for volunteer firefighters37 (21) A physician and surgeon psychiatrist psychologist dentist38 resident intern podiatrist chiropractor licensed nurse dental39 hygienist optometrist marriage and family therapist clinical social

worker professional clinical counselor or any other person who

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AB 1435 -4-

is currently licensed under Division 2 (commencing with Section500) of the Business and Professions Code

(22) Any emergency medical technician I or II paramedic orother person certified pursuant to Division 25 (commencing withSection 1797) of the Health and Safety Code

(23) A psychological assistant registered pursuant to Section2913 of the Business and Professions Code

(24) A marriage and family therapist trainee as defined insubdivision (c) of Section 498003 of the Business and ProfessionsCode

(25) An unlicensed marriage and family therapist internregistered under Section 498044 of the Business and ProfessionsCode

(26) A state or county public health employee who treats a minorfor venereal disease or any other condition

(27) A coroner(28) A medical examiner or any other person who performs

autopsies(29) A commercial film and photographic print processor as

specified in subdivision (e) of Section 11166 As used in thisarticle commercial film and photographic print processor meansany person who develops exposed photographic film into negativesslides or prints or who makes prints from negatives or slides forcompensation The term includes any employee of such a personit does not include a person who develops film or makes prints fora public agency

(30) A child visitation monitor As used in this article childvisitation monitor means any person who for financialcompensation acts as monitor of a visit between a child and anyother person when the monitoring of that visit has been orderedby a court of law

(31) An animal control officer or humane society officer Forthe purposes ofthis article the following terms have the followingmeanings

(A) Animal control officer means any person employed by acity county or city and county for the purpose of enforcing animalcontrol laws or regulations

(B) Humane society officer means any person appointed oremployed by a public or private entity as a humane officer who is

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-5- AB 1435

qualified pursuant to Section 14502 or 14503 of the CorporationsCode

(32) A clergy member as specified in subdivision (d) of Section11166 As used in this article clergy member means a priestminister rabbi religious practitioner or similar functionary of achurch temple or recognized denomination or organization

(33) Any custodian of records of a clergy member as specifiedin this section and subdivision (d) of Section 11166

(34) Any employee of any police department county sheriffsdepartment county probation department or county welfaredepartment

(35) An employee or volunteer of a Court Appointed SpecialAdvocate program as defined in Rule 1424 ofthe California Rulesof Court

(36) A custodial officer as defined in Section 8315(37) Any person providing services to a minor child under

Section 12300 or 123001 of the Welfare and Institutions Code(38) An alcohol and drug counselor As used in this article an

alcohol and drug counselor is a person providing counselingtherapy or other clinical services for a state licensed or certifieddrug alcohol or drug and alcohol treatment program Howeveralcohol or drug abuse or both alcohol and drug abuse is not inand of itself a sufficient basis for reporting child abuse or neglect

(39) A clinical counselor trainee as defined in subdivision (g)of Section 499912 of the Business and Professions Code

(40) A clinical counselor intern registered under Section 499942of the Business and Professions Code

(41) An athletic coach athletic administrator or athletic directoremployed by a public or private organization including but notlimited to schools and instittttions of higher e6ueation thatprovidekindergarten or any of grades 1 to 12 inclusive

(b) Except as provided in paragraph (35) of subdivision (a)volunteers of public or private organizations whose duties requiredirect contact with and supervision of children are not mandatedreporters but are encouraged to obtain training in the identificationand reporting of child abuse and neglect and are further encouragedto report known or suspected instances of child abuse or neglectto an agency specified in Section 111659

(c) Employers are strongly encouraged to provide theiremployees who are mandated reporters with training in the duties

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AB 1435 -6-

imposed by this article This training shall include training in childabuse and neglect identification and training in child abuse andneglect reporting Whether or not employers provide theiremployees with training in child abuse and neglect identificationand reporting the employers shall provide their employees whoare mandated reporters with the statement required pursuant tosubdivision (a) of Section 111665

(d) School districts that do not train their employees specifiedin subdivision (a) in the duties of mandated reporters under thechild abuse reporting laws shall report to the State Department ofEducation the reasons why this training is not provided

(e) Unless otherwise specifically provided the absence oftraining shall not excuse a mandated reporter from the dutiesimposed by this article

(f) Public and private organizations are encouraged to providetheir volunteers whose duties require direct contact with andsupervision of children with training in the identification andreporting of child abuse and neglect

(g) (1) On 6r befure Jttmtary 1 2014 ttll) pttblie 6r privflie6rganizttti6ftemp16ing ttft Mhletie e6tteh Mhletie ttdmimstrltt6r6r Mhletie direet6r ttSspeeified ift pMttgrttph (41) 6f sttbdivisi6ft(tt) shttll pr6 vide iftitittl trttining f6r th6se empl~ ees 6n thefull6vvingmtttters

(A) The identifiettti6n 6f ehild ttbttse ttnd negleet(D) Aeti vities thttt e6ftstitttte inltppr6prittte ttftd illegttl e6ntttet

betiveen tt 6tlth ltftd ltft ttthietie e6tteh Mhletie ttdmiftistrttt6r 6rttthietie direet6r

(6) The resp6nsibilities 6f tt pers6n identified lIStt mttndfliedrep6rter in this seeti6n ineIttding btl ft6t limited t6 ttll 6f thefull6 vving

(i) T6 ~h6m tt rep6rt is reqtlired t6 be mttde(ii) The inf6rmttti6n thttt is reqttired t6 be ifte1ttdedin tt rep6rt(iii) The time vvithiftvvhieha mandated rep6rter is reqttired t6

file tt rep6rt(2) Initittl training shall be pr6vided b perS6ftSkn6vvledgeltble

ift the identifiettti6n 6fehild aettse ttnd negleet inltppf6prittte ltftdillegal e6ntaet bem eena 6ttth and ltftadttIt ltftdstatttt6ry rep6rtingreqttiremeftts ltftdshttll e6nsist 6ftw6 h6ttrs 6felassr66m 6r 6therinteraetive trainiftg ltftdedttettti6n

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1 (h) Commeneing on fmd aftel Jfmtlftry12014 fmofgfmization2 speeified in sttbdivision (g) shaHpro ide initial training within six3 months of the date that fm individtutl beeomes empleryed as an4 Mhletie eoaeh athletie administrator or athletie direetor ttnless5 the indi idttal reeei ed training Hithin tw0 years prior to the date6 the indi idtlal is empleryed An Mhletie eoaeh athletie7 administrator or athletie direetor Hho has leeeied initial training8 ptlfStlafttto sttbdiision (g) shall eomplete eontifttling training9 thereafter onee eery two years eonsisting of one hottf of

10 elassroom or other interaeti e training fmd edtteation11 SEC 2 No reimbtlrsement is reqtlired by this aet pttfStlafttto12 Seetion 6 ofArtiele )GIlD of the California Constitution for eertain13 eosts that may be inetllTed by a loeal ageney or sehool distriet14 beeatlse ift that regard this aet ereates a nev erime or infraetion15 eliminates a erime or infraetion or ehfmges the penalty fOfa erime16 or inflaetion Hithin the meaning of Seetion 17556 of the17 Goemment Code or ehanges the definition ofa elime Hithin the18 meaning of Seetion 6 of Aniele XIII D of the Califomia19 Constitution20 IIo~eer if the Commission on State Mfmdates determines that21 this aet eontainsother eosts mfmdated by the state reimbttfsement22 to loeal ageneies fmd sehool distliets for those eosts shall be made23 ptlfStlafttto Part 7 (eommeneing Hith Seetion 17500) of Division24 4 of Title 2 of the Goemment Code25 SEC 2 No reimbursement is required by this act pursuant to26 Section 6 of Article XIII B of the California Constitution because27 the only costs that may be incurred by a local agency or school28 district will be incurred because this act creates a new crime or29 infraction eliminates a crime or infraction or changes thepenalty30 for a crime or infraction within the meaning of Section 17556 of31 the Government Code or changes the definition of a crime within32 the meaning of Section 6 of Article XIII B of the California33 Constitution

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AB 1904 Assembly Bill Status

MEASURE AUTHOR(S)TOPIC

HOUSE

CURRENT BILL STATUS

AB No 1904Block Butler and

Professions and vocationslicenses

LOCATION

Cookmilitary spouses temporary

TYPE OF BILL

SEN

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyAppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpub11-12billasmab _1901-1950ab _1904_ bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes Noes OOPASS17

An act to add Section 1155 to the Business andProfessions Code relating to professions and vocationsand making an appropriation therefor

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AB 1588 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1588AUTHOR(S) Atkins (Principal coauthors Cook and Nielsen)

(Coauthors Block Beth Gaines Pan V Manuel PerezWilliams and Yamada)

TOPIC Professions and vocations reservist licensees fees andcontinuing education

HOUSE LOCATION SEN+LAST AMENDED DATE 03052012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS forLAST

LAST

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

TITLE An act to add Section 1143 to the Business andProfessions Code relating to professions and vocations

htlpllwwwleginfocagovpubll-12Ibillasmlab _1551-1600ab _1588 _bill_20120601_statu 652012

middot

AMENDED IN ASSEMBLY MARCH 5 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1588

Introduced by Assembly Member Atkins(Principal coauthors Assembly Members Cook and Nielsen)

(Coauthors Assembly Members Block Beth Gaines PanV Manuel Perez Williams and Yamada)

February 6 2012

An act to add Section 1143 to the Business and Professions Coderelating to professions and vocations

LEGISLATIVE COUNSELS DIGEST

AB 1588 as amended Atkins Professions and vocations reservistlicensees fees and continuing education

Existing law provides for the regulation of various professions andvocations by boards commissions or bureaus within the Departmentof Consumer Affairs and for the licensure or registration of individualsin that regard Existing law authorizes any licensee whose licenseexpired while he or she was on active duty as a member of the CaliforniaNational Guard or the United States Armed Forces to reinstate his orher license without examination or penalty if certain requirements aremet

This bill would require the boards commissions or bureaus describedabove to waive the renewal fees and continuing education requirementsif either is applicable of any licensee or registrant who is a reservistcalled to active duty as a member of the United States Military Reserveor the California National Guard if certain requirements are met

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

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AB 1588 -2-

Thepeople of the State of Califomi a do enact asfollows

1 SECTION 1 Section 1143 is added to the Business and2 Professions Code to read3 1143 Notwithstanding any other provision oflaw everyboard4 commission or bureau within the department shall waive the5 renewal fees and continuing education requirements if either is6 applicable for any licensee or registrant who is a reservist called7 to active duty as a member of the United States Military Reserve8 or the California National Guard if all of the following9 requirements are met

10 (a) The licensee or registrant was in good standing with the11 board commission or bureau at the time the reservist was called12 to active duty13 (b) The renewal fees or continuing education requirements are14 waived only for the period during which the reservist is on active15 duty service16 (c) The active duty reservist or the active duty reservists spouse17 or registered domestic partner provides written notice satisfactory18 to the board commission or bureau that substantiates the19 reservists active duty service

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AB 1896 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1896AUTHOR(S) ChesbroTOPIC Tribal health programs health care practitionersHOUSE LOCATION SEN+LAST AMENDED DATE 03272012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATIONCOMM ACTION DATECOMM ACTIONCOMM VOTE SUMMARY

ASM

05172012Referred to Com on B P amp EDBUSINESS PROFESSIONS AND CONSUMER PROTECTION04102012

Do passAyes 09 Noes OOPASS

TITLE An act to amend the heading of Article 10 (commencingwith Section 710) of Chapter 1 of Division 2 of and toadd Section 719 to the Business and Professions Coderelating to healing arts

httpwwwleginfocagovpubI11-12lbillasmab_1851-1900ab_1896_bill_20120517 _statu 652012

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AMENDED IN ASSEMBLY MARCH 27 2012

CALIFORNIA LEGISLATURE-20II-12 REGULAR SESSION

ASSEMBLY BILL No 1896

Introduced by Assembly Member Chesbro

February 222012

An act to amend the heading of Article 10 (commencing with Section710) of Chapter 1 of Division 2 of and to add Section 719 to theBusiness and Professions Code relating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1896 as amended Chesbro Tribal health programs health carepractitioners

Under existing federal law licensed health professionals employedby a tribal health program are required to be exempt if licensed in anystate from the licensing requirements of the state in which the tribalhealth program performs specified services A tribal health program isdefined as an Indian tribe or tribal organization that operates any healthprogram service function activity or facility funded in whole or partby the Indian Health Service

Existing law provides for the licensure and regulation of health carepractitioners by various healing arts boards within the Department ofConsumer Affairs

This bill would codify that federal requirement by specifying that aperson who is licensed as a health care practitioner in any other stateand is employed by a tribal health program is exempt from any statelicensing requirement with respect to acts authorized under thepersonslicense where the tribal health program performs specified services

Vote majority Appropriation no Fiscal committee noState-mandated local program no

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AD 1896 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 The heading of Article 10 (commencing with2 Section 710) of Chapter 1 of Division 2 of the Business and3 Professions Code is amended to read456789

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Article 10 Federal Personnel and Tribal Health Programs

SEC 2 Section 719 is added to the Business and ProfessionsCode to read

719 (a) A person who is licensed as a health care practitionerin any other state and is employed by a tribal health program asdefined in Section 1603 of Title 25 of the United States Code shallbe exempt from any licensing requirement described in this divisionwith respect to acts authorized under the persons license wherethe tribal health program performs the services described in thecontract or compact of the tribal health program under the IndianSelf-Determination and Education Assistance Act (25 USC Sec450 et seq)

(b) For purposes of this section health care practitioner meansany person who engages in acts that are the subject of licensureor regulation under this division or Ml) initiative 8et referred to inthis division the law of any other state

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CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1904

Introduced by Assembly Members Block Butler and Cook

February 222012

An act to add Section 1155 to the Business and Professions Coderelating to professions and vocations and making an appropriationtherefor

LEGISLATIVE COUNSELS DIGEST

AB 1904 as introduced Block Professions and vocations militaryspouses temporary licenses

Existing law provides for the licensure and regulation of variousprofessions and vocations by boards within the Department of ConsumerAffairs Existing law provides for the issuance of reciprocal licenses incertain fields where the applicant among other requirements has alicense to practice within that field in another jurisdiction as specifiedUnder existing law licensing fees imposed by certain boards withinthe department are deposited in funds that are continuously appropriated

This bill would authorize a board within the department to issue atemporary license to an applicant who among other requirements holdsan equivalent license in another jurisdiction as specified and is marriedto or in a legal union with an active duty member of the Armed Forcesofthe United States who is assigned to a duty station in California underofficial active duty military orders The bill would require a board toexpedite the process for issuing these temporary licenses The bill wouldrequire the applicant to pay any fees required by the board and wouldrequire that those fees be deposited in the fund used by the board toadminister its licensing program To the extent that the bill would

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AB 1904 -2-

increase the amount of money deposited into a continuously appropriatedfund the bill would make an appropriation

Vote majority Appropriation yes Fiscal committee yesState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 1155 is added to the Business and2 Professions Code to read3 1155 (a) A board within the department may issue a4 temporary license to an applicant who meets all of the following5 requirements6 (l) Submits an application in the manner prescribed by the7 board8 (2) Supplies evidence satisfactory to the board that the applicant9 is married to or in a domestic partnership or other legal union

10 with an active duty member of the Armed Forces of the United11 States who is assigned to a duty station in this state under official12 active duty military orders13 (3) Holds a current license in another state district or territory14 of the United States with the requirements that the board determines15 are substantially equivalent to those established under this code16 for that occupation17 (4) Has not committed an act in anyjurisdiction that would have18 constituted grounds for denial suspension or revocation of the19 license under this code at the time the act was committed20 (5) Has not been disciplined by a licensing entity in another21 jurisdiction and is not the subject of an unresolved complaint22 review procedure or disciplinary proceeding conducted by a23 licensing entity in another jurisdiction24 (6) Pays any fees required by the board Those fees shall be25 deposited in the applicable fund or account used by the board to26 administer its licensing program27 (7) Submits fingerprints and any applicable fingerprinting fee28 in the manner required of an applicant for a regular license29 (b) A board shall expedite the procedure for issuing a temporary30 license pursuant to this section31 (c) A temporary license issued under this section shall be valid32 for 180 days except that the license may at the discretion of the

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-3- AB 1904

I board be extended for an additional180-day period on application2 of the license holder3 (d) A board may adopt regulations necessary to administer this4 section

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AB 1932 Assembly Bill Status

MEASURE AUTHOR(S)TOPICHOUSE+LAST

CURRENT BILL STATUS

AB No 1932Gorell (Coauthor Cook)

United States armed services healing arts boardsLOCATION SENAMENDED DATE 04172012

TYPE OF BILL

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpubI11-12Ibillasmab_1901-1950ab_1932_bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

An act to add Section 7102 to the Business andProfessions Code relating to healing arts

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AMENDED IN ASSEMBLY APRIL 172012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1932

Introduced by Assembly Member-Ceek Gorell(Coauthor Assembly Member Cook)

February 222012

An act to add Section 7102 to the Business and Professions Coderelating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1932 as amended euroook Gorell United States armed serviceshealing arts boards

Existing law provides for the licensure and regulation of varioushealing arts professions and vocations by boards within the Departmentof Consumer Affairs Existing law requires the rules and regulations ofthese healing arts boards to provide for methods of evaluating educationtraining and experience obtained in military service if such training isapplicable to the requirements of the particular profession or vocationregulated by the board Under existing law the Department of VeteransAffairs has specified powers and duties relating to various programsserving veterans

This bill would require by January 12014 and annually thereafterevery healing arts board to issue a specified written report to theDepartment of Veterans Affairs and the Legislature as specified thatclearly details the methods of evaluating the education training andexperience obtained in military service and whether that educationtraining and experience is applicable to the boards requirements forlicensure The bill would declare the intent of the Legislature in thisregard

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AB 1932 -2-

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 710 of the Business and Professions Code2 was enacted in 1969 and because healing arts boards have not3 demonstrated significant compliance with that section it is the4 intent of the Legislature to establish an annual reporting5 requirement to compel these boards to provide information about6 the methods of evaluating education training and experience7 obtained in military service in order to meet the needs of the8 upcoming wave of armed service members returning to civilian9 life

10 SEC 2 Section 7102 is added to the Business and Professions11 Code to read12 7102 (a) By January 12014 and annually thereafter every13 healing arts board described in this division shall issue a written14 report to the Department of Veterans Affairs and to the Legislature15 that clearly details the methods of evaluating the education16 training and experience obtained in military service and whether17 that education training and experience is applicable to the boards18 requirements for licensure This written report shall include but19 not be limited to quantitative information about the number of20 service members who have applied for and have used their military21 education training and experience to fulfill the boards22 requirements for licensure23 (b) (1) The requirement to submit a report to the Legislature24 under subdivision (a) shall be inoperative on January 1 201825 pursuant to Section 102315 of the Government Code26 (2) A report to the Legislature shall be submitted in compliance27 with Section 9795 of the Government Code

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AD 171 -6-

eertified person entity or grottp Qualified atltism senieeprolider shall also inelttde llft)serviee prot idef that is venaorizedby a regional eenter to pro vide those same seniees for fltltismspeetrttm disorders under DF~ision45 (eommeneing with Seetion4500) of the WeUftre and Instittttions Code or Title 14(eommeneing with Seetion 95000) of the GOvernment Code tmdthe ttnlieensed personnel sttpen ised b that pro vider or a StateDepMtment of Edtleation nonpttblie nonseetMitm agenq asdefined in Seetion 56035 of the Edtteation Code llpproved topro vide those same sen iees for fltltismspeetl tlm disorders and thettnlieensed personnel supen ised b that agene A qttalifiedfltltismseniee prOvider shall enstlfe eriminal baekgrotmdsereening tmdfingerprinting and adeqttate training and stlpenision of allpersonnel tltilizedto implement serviees Any nationallieense oreertifieation reeognizedby this seetion shaH be aeeredited by theNational Commission for Certiryi~ Agencies ~mCA)

fW1(6) Therapeutic care means services provided by a licensed

or certified speech therllpists therapist an occupational therllpiststherapist or a physical therllpists or tmy other llppropriatelylieensed or eertified pro vider therapist

fH1(7) Treatment for fltltism speetrttm disorders pervasive

developmental disorder or autism means all of the followingcare including necessary equipment that develops maintains orrestores to the maximum extent practicable the functioning orquality of life of an individual with pervasive developmentaldisorder or autism and is prescribed or ordered for an individualdiagnosed with one of the fltltism speetrttm disorders pervasivedevelopmental disorder or autism by a licensed physician andsurgeon or a licensed psychologist or an other llppropriatelylieensed or eertified pro vider who determines the care to bemedically necessary

(A) Behavioral health treatlnent(B1(A) Pharmacy care if the plan contract includes coverage for

prescription drugseuro1(B) Psychiatric care(B1

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(C) Psychological care$1(D) Therapeutic care(F) Aft) eMe flt)rindi vidttals vvith tttttism sleetmm dis6rders

that is dem6nstrated based tlf6n best Ilaetiees 6r evidenee basedreseMeh t6 be medieaH) neeessary

(8) Treatmentfor pervasive developmental disorder or autismdoes not include behavioral health treatment as defined in Section137473

(j) This section with the exception of subdivision (b) shall notapply to dental-only or vision-only health care service plancontracts

SEC 2 Section 10144511014453 is added to the InsuranceCode to read

10144511014453 (a) Everyhealthinsurancepolicyissuedamended

or renewed on or after January 1 2012 2013 that provideshospital medical or surgical coverage shall provide coverage forthe screening diagnosis and treatment of atltism sleetmmdis6rders pervasive developmental disorder or autism

(b) A health insurer shall not terminate coverage or refuse todeliver execute issue amend adjust or renew coverage to aninsured solely because the individual is diagnosed with or hasreceived treatment for Mt Mttism sleetmm dis6rder pervasivedevelopmental disorder or autism

(c) Coverage required to be provided under this section shallextend to all medically necessary services and shall not be subjectto any limits regarding age number of visits or dollar amountsCoverage required to be provided under this section shall not besubject to provisions relating to lifetime maximums deductiblescopayments or coinsurance or other terms and conditions that areless favorable to an insured than lifetime maximums deductiblescopayments or coinsurance or other terms and conditions thatapply to physical illness generally under the policy

(d) Coverage required to be provided under this section is ahealth care service and a covered health care benefit for purposesof this part Coverage shall not be denied on the basis of thelocation of delivery of the treatment or on the basis that thetreatment is habilitative nonrestorative educational academic orcustodial in nature

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(e) A health insurer may request no more than once annuallya review of treatment provided to an insured for tttttism speetfllftidisorders pervasive developmental disorder or autism The costof obtaining the review shall be borne by the insurer Thissubdivision does not apply to inpatient services

(f) A health insurer shall establish and maintain an adequatenetwork of qualified tttttism service providers with appropriatetraining and experience in atttism speetmm disorders pervasivedevelopmental disorder or autism to ensure that insureds have achoice of providers and have timely access continuity of careand ready referral to all services required to be provided by thissection consistent with Sections 101335 and 1013355 and theregulations adopted pursuant thereto

(g) (1) This section shall not be construed as reducing anyobligation to provide services to an insured under an individualizedfamily service plan an individualized program plan a preventionprogram plan an individualized education program or anindividualized service plan

(2) This section shall not be construed as limiting or excludingbenefits that are otherwise available to an enrollee under a healthinsurance policy including but not limited to benefits that arerequired to be covered under Sections 101445 and 1014451

(3) This section shall not be construed to mean that the servicesrequired to be covered pursuant to this section are not requiredto be covered under other provisions of this chapter

f31(4) This section shall not be construed as affecting litigation

that is pending on January 12012(h) On ttnd after JMltlttry12014 to the extent that this seetion

reqtlires health benefits to be 110 vided that exeeed the essentittlhettlth benefits Ieqtlired to be provided tmder Seetion 1302(b) ofthe federal Patient Proteetion and Apoundfordable CMe Aet (PtlblieLal9 III 148) as amended b the federal Health CMe ttndEdtteation Reeoneiliation Aet of 2010 (Pttblie La bullbull III 152) byqualified hettlth plttns otIering those benefits in the CaliforniaHealth Benefit Exehttnge ptlfStltlntto Title 22 (eommeneing bullbullithSeetion 100500) of the GOvemment Code the speeifie benefitsthat exeeed the federally reqtlired essential health benefits Me notreqt1ired to be pro vided 17 hen otIered b a health instlIttneepolieytftrotlgh the Exehttnge However those speeifle benefits Me

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-9- AB 171

reqtlired to be pIovided if otIered b~ a health iftsttIfmee polieyotltside of the Exehflftge

(h) Notwithstanding subdivision (a) on and after January 12014 this section does not require any benefits to beprovided thatexceed the essential health benefits that all health plans will berequired byfederal regulations to provide under Section 1302(b)of thefederal Patient Protection and Affordable Care Act (PublicLaw 111-148) as amended by the federal Health Care andEducation Reconciliation Act of 2010 (Public Law 111-152)

(i) As used in this section the following terms shall have thefollowing meanings

(1) Atttism speetIttm disorder meflftS a ftettrobiologieaeoftditioft thM ifteltldes atttistie disorder AspergeIs disorder Rertsdisorder ehildhood disiffiegrMi ve disorder flftd per- asivede velopmemal disorder ftot otheIvise speeified

(2) Dehav iora health treatmem meflftS professioftal servieesand treatmem pf6grMlls ineluding beha vioral intergtentioft therapyapplied beha vioral flft~ sis flftd other imeftsi ve beha vioraprograms thM ha ve demonstrated effie~ to de velop maiffifliftor restore to the maximttm extem pIaetieable the fttftetioftiftg orquality of life of aft individttal and thM have beeft demoftstrMedto treat the eore s~mptoms assoeiMed fv ith atttism speetrumdisorder

(3) Dehavioral imer-efttioft thera~ meaftS the desigftimplememMioft flftd eJalttMioft of eftviromnemal modifieMioftsusiftg behavioral stimuli flftd eoftseqtleftees to produee soeiallysigftifieam improvement ift behflviOfs ifteludiftg the use of direetobser- Mioft meastlI emem flftd fuftetional flftaryses of therelMioftship betveen en viromneftt flftd beha viorf41(1) Diagnosis of atltism speetrtlm disoIders pervasive

developmental disorder or autism means medically necessaryassessment evaluations or tests to diagnose whether an individualhas ofte of the atltism speetrtim disorders pervasive developmentaldisorder or autism

(5) Evidenee based researeh meaftS research that appliesrigorotls s~stemMie and obj eetive proeedttres to obtaift validkftowledge re1eam to atttism speetrtlm disorders

(2) Pervasive developmental disorder or autism shall havethe same meaning and interpretation as used in Section 137472

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AB 171 -10-

t61(3) Pharmacy care means medications prescribed by a licensed

physician and surgeon or other appropriately licensed or certifiedprovider and any health-related services deemed medicallynecessary to determine the need or effectiveness of the medications

ffl(4) Psychiatric care means direct or consultative psychiatric

services provided by a psychiatrist or ftny other ftlpropritttelylieensed or eertified pro vider licensed in the state in which he orshe practices

t81(5) Psychological care means direct or consultative

psychological services provided by a psychologist or fm)i otherflPproprifttely lieensed or eertified provider licensed in the state inwhich he or she practices

(9) Quftlified fttltism serviee provider shftll inelude ftftyntttionftlry or stttte lieensed or eertified person entity or gIOtlp thtttdesigns sttpeIv ises or pro vides trefttment of fttttism speetI mndisorders ftndthe tlftlieensed pel sonnel Stlpen ised b the lieensedor eertified person entity or grotlp pro vided the sen iees Mefv ithin the experienee ftnd seope of prftetiee of the lieensed oreertified person entity or grotlp Qtlftlified fttltism senieepm vider shftllmso include ftft serviee pro vider thttt is vendorizedb ftregionM eenter to pro vide those sftme sen iees fur fttltismspeetrttm disorders tlftder DiVisioft 45 (eommeneiftg with Seetion4588) of the WeIfMe ftftd Instittttions Code or Title 14(eommefteiftg vvith Seetion 95888) of the GOvernment Code ftftdthe tlftlieensed personnel stlpen ised b thftt pro vider 01 ftStttteDepMtment of Edtlefttion nonpttblie ftonseetftriftft ftgene ftSdefifted in Seetioft 56835 of the Edtletttion Code flPProved 16pro vide those SMIlesen iees fuI fttltism speetrttm disorders and thetlftlieensed personnel supen ised b thttt ftgene A qttft1ifiedfttltismsen ice pro vider shftll ensttre eriminm bftekgrotlftd sereening ftftdfingerprintiftg ftftd ftdequttte trftining ftftd Stlpen isioft of allpersonnel tttilized to implement sen iees An ntttionftllieense oreertifietttion reeogftized b this seetion shftllbe fteeredited by theNtttioftm Commission fur Certifyiftg Agencies (NCCA)

fWt(6) Therapeutic care means services provided by a licensed

or certified speech therftlists therapist an occupational therftpists

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-11- AB 171

therapist or a physical therapists ~r an) ~ther appropriatelylieensed ~r eertihed pr~ bullbullider therapist

tH1(7) Treatment for atrtism speetmm dis~rders pervasive

developmental disorder or autism means all of the followingcare including necessary equipment that develops maintains orrestores to the maximum extent practicable the functioning orquality of life of an individual with pervasive developmentaldisorder or autism and is prescribed or ordered for an individualdiagnosed with ~ne ~f the atttism speetmm dis~Iders pervasivedevelopmental disorder or autism by a licensed physician andsurgeon or a licensed psychologist ~r an) ~ther appIopIiMelyHeensed ~r eertihed pr~vider who determines the care to bemedically necessary

(A) Behlh i~r8lhealth treatmenttB1(A) Pharmacy care if the policy includes coverage for

prescription drugsfeuro7(B) Psychiatric caretB1(C) Psychological care(E1(D) Therapeutic care(F) Any eare fur indi viduals Vol ith autism speetrum dis~rders

thM is dem~nstrMed based up~n best praetiees ~r evidenee basedreseareh t~ be mediealry neeessary

(8) Treatmentfor pervasive developmental disorder or autismdoes not include behavioral health treatment as defined in Section1014451

U) This section with the exception of subdivision (b) shall notapply to dental-only or vision-only health insurance policies

SEC 3 No reimbursement is required by this act pursuant toSection 6 of Article XIII B of the California Constitution becausethe only costs that may be incurred by a local agency or schooldistrict will be incurred because this act creates a new crime orinfraction eliminates a crime or infraction or changes the penaltyfor a crime or infraction within the meaning of Section 17556 ofthe Government Code or changes the definition of a crime within

96

AB 374 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASUREAUTHOR (S)TOPICHOUSE+LAST

AB NoHayashi

AthleticLOCATIONAMENDED DATE

374

SENOS272011

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

the request ofCOMM LOCATION

06162011In committee

authorSEN BUSINESS

Set first hearing Hearing canceled at

PROFESSIONS AND ECONOMIC DEVELOPMENT

TITLE An act to add Chapter 27 (commencing with Section18898) to Division 8 of the Business and ProfessionsCode relating to athletic trainers

httpwwwleginfocagovpub11-12billasmab_0351-0400ab_374_bill_20 652012

AB 386 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 386AUTHOR(S) GalgianiTOPIC Prisons telehealth systems+LAST AMENDED DATE 05112011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to add Section 50233 to the Penal Code relatingto prisoners

httpwww1eginfocagovpubI11-12lbillasmab_ 0351-0400ab _386_ bill_20120201_status 652012

-

AB 439 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPICHOUSE+LAST

AB No 439Skinner

Health care informationLOCATION SENAMENDED DATE 06282011

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 07052011LAST HIST ACTION In committee Set first hearing Held without

recommendationCOMM LOCATION SEN JUDICIARY

TITLE An act to amend Section 5636 of the Civil Coderelating to health care information

httpwwwleginfocagovpub11-12billasmab_0401-0450ab _439 _bill_20120509 _status 652012

-

AMENDED IN SENATE JUNE 28 2011

AMENDED IN ASSEMBLY MAY 182011

AMENDED IN ASSEMBLY APRIL 7 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 439

Introduced by Assembly Member Skinner

February 142011

An act to amend Section 5636 of the Civil Code relating to healthcare information

LEGISLATIVE COUNSELS DIGEST

AB 439 as amended Skinner Health care informationExisting law the Confidentiality of Medical Information Act (CMIA)

prohibits a health care provider a contractor or a health care serviceplan from disclosing medical information as defined regarding a patientof the provider or an enrollee or subscriber of the health care serviceplan without first obtaining an authorization except as specified Inaddition to other remedies available existing law authorizes anindividual to bring an action against any person or entity who hasnegligently released his or her confidential records in violation ofthoseprovisions for nominal damages of$lOOO

This bill would specify that in an action brought on or after January1 2012 a court may not award nominal damages if the defendantestablishes specified factors as an affirmative defense including butnot limited to that it is a covered entity as defined and has compliedwith any obligations to notify persons entitled to receive notice regardingthe release of the information The bill would also make a technicalnonsubstantive change

96

AB439 -2-

Vote majority Appropriation no Fiscal committee noState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 5636 of the Civil Code is amended to2 read3 5636 (a) Any violation of the provisions of this part that4 results in economic loss or personal injury to a patient is punishable5 as a misdemeanor6 (b) In addition to any other remedies available at law any7 individual may bring an action against any person or entity who8 has negligently released confidential information or records9 concerning him or her in violation of this part for either or both

10 of the following11 (1) Except as provided in subdivision (e) nominal damages of12 one thousand dollars ($1000) In order to recover under this13 paragraph it shall not be necessary that the plaintiff suffered or14 was threatened with actual damages15 (2) The amount of actual damages if any sustained by the16 patient17 (c) (l) In addition any person or entity that negligently18 discloses medical information in violation of the provisions of this19 part shall also be liable irrespective of the amount of damages20 suffered by the patient as a result of that violation for an21 administrative fine or civil penalty not to exceed two thousand22 five hundred dollars ($2500) per violation23 (2) (A) Any person or entity other than a licensed health care24 professional who knowingly and willfully obtains discloses or25 uses medical information in violation of this part shall be liable26 for an administrative fine or civil penalty not to exceed twenty-five27 thousand dollars ($25000) per violation28 (B) Any licensed health care professional who knowingly and29 willfully obtains discloses or uses medical information in violation30 of this part shall be liable on a first violation for an administrative31 fine or civil penalty not to exceed two thousand five hundred32 dollars ($2500) per violation or on a second violation for an33 administrative fine or civil penalty not to exceed ten thousand34 dollars ($10000) per violation or on a third and subsequent35 violation for an administrative fine or civil penalty not to exceed

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-3- AB439

twenty-five thousand dollars ($25000) per violation Nothing inthis subdivision shall be construed to limit the liability of a healthcare service plan a contractor or a provider of health care that isnot a licensed health care professional for any violation of thispart

(3) (A) Any person or entity other than a licensed health careprofessional who knowingly or willfully obtains or uses medicalinformation in violation of this part for the purpose of financialgain shall be liable for an administrative fine or civil penalty notto exceed two hundred fifty thousand dollars ($250000) perviolation and shall also be subject to disgorgement of any proceedsor other consideration obtained as a result of the violation

(B) Any licensed health care professional who knowingly andwillfully obtains discloses or uses medical information in violationofthis part for financial gain shall be liable on a first violation foran administrative fine or civil penalty not to exceed five thousanddollars ($5000) per violation or on a second violation for anadministrative fine or civil penalty not to exceed twenty-fivethousand dollars ($25000) per violation or on a third andsubsequent violation for an administrative fine or civil penalty notto exceed two hundred fifty thousand dollars ($250000) perviolation and shall also be subject to disgorgement of any proceedsor other consideration obtained as a result ofthe violation Nothingin this subdivision shall be construed to limit the liability of ahealth care service plan a contractor or a provider of health carethat is not a licensed health care professional for any violation ofthis part

(4) Nothing in this subdivision shall be construed as authorizingan administrative fine or civil penalty under both paragraphs (2)and (3) for the same violation

(5) Any person or entity who is not permitted to receive medicalinformation pursuant to this part and who knowingly and willfullyobtains discloses or uses medical information without writtenauthorization from the patient shall be liable for a civil penalty notto exceed two hundred fifty thousand dollars ($250000) perviolation

(d) In assessing the amount of an administrative fine or civilpenalty pursuant to subdivision (c) the Office of HealthInformation Integrity licensing agency or certifying board orcourt shall consider anyone or more of the relevant circumstances

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AB439 -4-

presented by any of the parties to the case including but not limitedto the following

(1) Whether the defendant has made a reasonable good faithattempt to comply with this part

(2) The nature and seriousness of the misconduct(3) The harm to the patient enrollee or subscriber(4) The number of violations(5) The persistence of the misconduct(6) The length of time over which the misconduct occurred(7) The willfulness of the defendants misconduct(8) The defendants assets liabilities and net worth(e) (1) In an action brought by an individual pursuant to

subdivision (b) on or after January 12012 the court shall awardany actual damages and reasonable attorneys fees and costs butmay not award nominal damages for a violation of this part if thedefendant establishes all of the following as an affirmative defense

(A) The defendant is a covered entity as defined in Section160103 of Title 45 of the Code of Federal Regulations

(B) The defendant has complied with any obligations to notifyall persons entitled to receive notice regarding the release of theinformation or records

(C) The release of confidential information or records was solelyto another covered entity

(D) The defendant took appropriate preventive actions to protectthe confidential information or records against release retentionor use by any person or entity other than the covered entity thatreceived the information or records including but not limited to

(i) Developing and implementing security policies andprocedures

(ii) Designating a security official who is responsible fordeveloping and implementing its security policies and proceduresincluding educating and training the workforce

(iii) Encrypting the information or records and protectingagainst the release or use of the encryption key and passwords ortransmitting the information or records in a manner designed toprovide similar protections against improper disclosures

(E) The defendant took appropriate corrective action after therelease of the confidential records or information and the coveredentity that received the information or records immediatelydestroyed or returned the information or records

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(F) The covered entity that received the confidential informationor records did not retain use or release the information or records

(G) The defendant has not Ifeviettsl) vielateti this IMt ef inthe eettrls tiisefetieft tieslite the Ifief vielatieftbeenfound liablefor a violation of this part within the three years preceding thealleged violation or the court determines that application of theaffirmative defense is found to be compelling and consistent withthe purposes ofthis section to promote reasonable conduct in lightof all the facts

(2) In an action under this subdivision a plaintiff shall beentitled to recover reasonable attorneys fees and costs withoutregard to an award of actual or nominal damages

(3) A defendant shall not be liable for more than one judgmenton the merits for a violation of this subdivision

(f) (1) The civil penalty pursuant to subdivision (c) shall beassessed and recovered in a civil action brought in the name of thepeople of the State of California in any court of competentjurisdiction by any of the following

(A) The Attorney General(B) Any district attorney(C) Any county counsel authorized by agreement with the

district attorney in actions involving violation of a countyordinance

(D) Any city attorney of a city(E) Any city attorney of a city and county having a population

in excess of 750000 with the consent of the district attorney(F) A city prosecutor in any city having a full-time city

prosecutor or with the consent of the district attorney by a cityattorney in any city and county

(G) The Director of the Office of Health Information Integritymay recommend that any person described in subparagraphs (A)to (F) inclusive bring a civil action under this section

(2) If the action is brought by the Attorney General one-halfofthe penalty collected shall be paid to the treasurer of the countyin which the judgment was entered and one-half to the GeneralFund If the action is brought by a district attorney or countycounsel the penalty collected shall be paid to the treasurer of thecounty in which the judgment was entered Except as provided inparagraph (3) if the action is brought by a city attorney or cityprosecutor one-half of the penalty collected shall be paid to the

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1 treasurer of the city in which the judgment was entered and one-half2 to the treasurer of the county in which the judgment was entered3 (3) If the action is brought by a city attorney of a city and4 county the entire amount of the penalty collected shall be paid to5 the treasurer of the city and county in which the judgment was6 entered7 (4) Nothing in this section shall be construed as authorizing8 both an administrative fine and civil penalty for the same violation9 (5) Imposition of a fine or penalty provided for in this section

10 shall not preclude imposition of any other sanctions or remedies11 authorized by law12 (6) Administrative fines or penalties issued pursuant to Section13 128015 of the Health and Safety Code shall offset any other14 administrative fine or civil penalty imposed under this section for15 the same violation16 (g) For purposes of this section knowing and willful shall17 have the same meanings as in Section 7 of the Penal Code18 (h) No person who discloses protected medical information in19 accordance with the provisions of this part shall be subject to the20 penalty provisions of this part

o

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AB 518 Assembly Bill Status Page I of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPICHOUSE+LAST

AB No 518Wagner

Elder and dependentLOCATION SENAMENDED DATE

adult abuse mandated reporters

03232011

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATION

06062011In committee Hearing postponed by committee

SEN BANKING AND FINANCIAL INSTITUTIONS

TITLE An act to repeal Section 7480 of the Government Codeand to amend Section 156301 of and to amend and repealSections 15633 15634 15640 and 156555 of theWelfare and Institutions Code relating to elder anddependent adult abuse

httpwwwleginfocagovpubll-12Ibillasmab_ 0501-0550ab_518_bill_2011 0615_status 652012

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AMENDED IN ASSEMBLY MARCH 23 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 518

Introduced by Assembly Member Wagner

February 152011

Aft aet to amend Seetion 156301 of the Welfare and InstittttionsCode relating to elder abtlse An act to repeal Section 7480 of theGovernment Code and to amend Section 156301 of and to amend andrepeal Sections 15633 15634 15640 and 156555 of the Welfare andInstitutions Code relating to elder and dependent adult abuse

LEGISLATIVE COUNSELS DIGEST

AB 518 as amended Wagner Elder and dependent adult abusemandated reporters

Existing law the Elder Abuse and Dependent Adult Civil ProtectionAct establishes procedures for the reporting investigation andprosecution of elder and dependent adult abuse including but notlimited to financial abuse as defined These procedures require personsdefined as mandated reporters to report known or suspected instancesof elder or dependent adult abuse A violation of the reportingrequirements by a mandated reporter is a misdemeanor Existing lawwhich will be repealed on January 12013 defines who is a mandatedreporter of suspected financial abuse of an elder or dependent adult Aviolation ofthe financial abuse reporting requirements is subject to civilpenalties

This bill would delete the January 1 2013 repeal date and makeconforming changes

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

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The people of the State of California do enact asfollows

1 SECTION 1 Section 7480 of the Government Code as2 amended by Section 2 of Chapter 234 of the Statutes of 2008 is3 repealed4 7480 Nothing in this ehapter prohibits an) of the following

(a) The dissemination of an) finaneial information that is not6 identified with or identifiable as being deri ved from the fiftMleial7 reeords of a partietllar etlstomer8 (b) When any poliee or sheriffs department or distriet attorney9 in this state eertines to a bank eredit tlftion or savin-gsassoeiation

in 4vritingthat a erime report has been filed that involves the11 alleged fratldttlent tlse of drafts eheeks or other orders drawfl12 tlJon MtY bank eredit tlftion or Sltv ings assoeiation in this state13 the poliee or sheriffs department or distriet attomey a eotlnty14 adttlt proteeti-ve sen iees oftiee 4vhen investigating the finaneial

abttse of an elder or dependent adttlt or a long term eare16 ombttdsman when investigating the finaneial abttse of an elder or17 dependent adttlt rna reqtlest a bank eredit tlftion or savings18 assoeiation to fttmish and a bank eredit tlftion or savings19 assoeiation shall fttmish a statement setting forth the folIowing

information with respeet to a etlstomer aeeotlnt speeified b) the21 reqttesting parry for a period 30 da s prior to and tlJ to 30 da) s22 following the date ofoeetnTenee of the alleged illegal aet invohin-g23 the aeeotlftt24 (1) The Itttftlber of items dishonored

(2) The nttmber of items paid that ereated Oierdrafts26 (3) The dollar volttme of the dishonored items and items paid27 whieh ereated overdrafts and a statement explaining an) eredit28 atTangementbetween the bank eredit tlftion or savin-gsassoeiation29 and etlstomer to pa) 0verdrafts

(4) The dates and amotlnts of deposits and debits and the aeeotlftt31 balanee on these dates32 (5) A eoJry of the signattlre eard inelttding the signattlre and33 an) addresses appearing on a etlstomers signattlre eard34 (6) The date the aeeottnt opened and ifapplieable the date the

aeeotlnt elosed36 (7) A bank eredit tlftion or saTvingsassoeiation that proiides37 the reqtlesting part) vvith eopies of one or more eomplete aeeottnt

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the taxpa er (2) the (iireet deposit refund bullbullas not rettlmed to theFranehise Tax Board and (3) the remnd TnaSdeposited direetlyon a speeifled date into the aeeotlftt of an aeeotmtholder of theflnaneial instittttion bullbullho bullbullas not entitled to reeei v e the refttndthen the flnaneial instittttion shall fttntish to the Franehise TaxBoard the name and address ofan eoo w ner eosigtter or an otherperson bullbullho had aeeess to the mnds in the aeeotlttt follo bullbulling thedate ofdiIeet deposit refund or if the aeeotmt has been dosed thename and address of the person bullbullho dosed the aeeOtlftt

(s) This seetion shall beeome operati v e on Jaftttary 1 2013SECTION 1SEC 2 Section 156301 of the Welfare and Institutions Code

is amended to read156301 (a) As used in this section mandated reporter of

suspected financial abuse of an elder or dependent adult meansall officers and employees of financial institutions

(b) As used in this section the term financial institution meansany of the following

(l) A depository institution as defined in Section 3(c) of theFederal Deposit Insurance Act (12 USC Sec 1813(c))

(2) An institution-affiliated party as defined in Section 3(u) ofthe Federal Deposit Insurance Act (12 USC Sec 1813(u))

(3) A federal credit union or state credit union as defined inSection 101 ofthe Federal Credit Union Act (12 USC Sec 1752)including but not limited to an institution-affiliated party of acredit union as defined in Section 206(r) of the Federal CreditUnion Act (12 USc Sec 1786(r))

(c) As used in this section financial abuse has the samemeaning as in Section 1561030

(d) (l) Any mandated reporter of suspected financial abuse ofan elder or dependent adult who has direct contact with the elderor dependent adult or who reviews or approves the elder ordependent adults financial documents records or transactionsin connection with providing financial services with respect to anelder or dependent adult and who within the scope of his or heremployment or professional practice has observed or hasknowledge of an incident that is directly related to the transactionor matter that is within that scope of employment or professionalpractice that reasonably appears to be financial abuse or whoreasonably suspects that abuse based solely on the information

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before him or her at the time of reviewing or approving thedocument record or transaction in the case of mandated reporterswho do not have direct contact with the elder or dependent adultshall report the known or suspected instance of financial abuse bytelephone immediately or as soon as practicably possible and bywritten report sent within two working days to the local adultprotective services agency or the local law enforcement agency

(2) When two or more mandated reporters jointly haveknowledge or reasonably suspect that financial abuse of an elderor a dependent adult for which the report is mandated has occurredand when there is an agreement among them the telephone reportmay be made by a member of the reporting team who is selectedby mutual agreement A single report may be made and signed bythe selected member of the reporting team Any member of theteam who has knowledge that the member designated to report hasfailed to do so shall thereafter make that report

(3) If the mandated reporter knows that the elder or dependentadult resides in a long-term care facility as defined in Section1561047 the report shall be made to the local ombudsman or locallaw enforcement agency

(e) An allegation by the elder or dependent adult or any otherperson that financial abuse has occurred is not sufficient to triggerthe reporting requirement under this section if both of the followingconditions are met

(1) The mandated reporter of suspected financial abuse of anelder or dependent adult is aware of no other corroborating orindependent evidence of the alleged financial abuse of an elder ordependent adult The mandated reporter of suspected financialabuse of an elder or dependent adult is not required to investigateany accusations

(2) In the exercise of his or her professional judgment themandated reporter of suspected financial abuse of an elder ordependent adult reasonably believes that financial abuse of anelder or dependent adult did not occur

(f) Failure to report financial abuse under this section shall besubject to a civil penalty not exceeding one thousand dollars($1000) or if the failure to report is willful a civil penalty notexceeding five thousand dollars ($5000) which shall be paid bythe financial institution that is the employer of the mandated

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reporter to the party bringing the action Subdivision (h) of Section15630 shall not apply to violations of this section

(g) (1) The civil penalty provided for in subdivision (f) shallbe recovered only in a civil action brought against the financialinstitution by the Attorney General district attorney or countycounsel No action shall be brought under this section by anyperson other than the Attorney General district attorney or countycounsel Multiple actions for the civil penalty may not be broughtfor the same violation

(2) Nothing in the Financial Elder Abuse Reporting Act of2005shall be construed to limit expand or otherwise modify any civilliability or remedy that may exist under this or any other law

(h) As used in this section suspected financial abuse of anelder or dependent adult occurs when a person who is requiredto report under subdivision (a) observes or has knowledge ofbehavior or unusual circumstances or transactions or a pattern ofbehavior or unusual circumstances or transactions that would leadan individual with like training or experience based on the samefacts to form a reasonable belief that an elder or dependent adultis the victim of financial abuse as defined in Section 1561030

(i) Reports of suspected financial abuse of an elder or dependentadult made by an employee or officer of a financial institutionpursuant to this section are covered under subdivision (b) of Section47 of the Civil Code

SEC 3 Section 15633 of the Welfare and Institutions Codeas amended by Section 5 of Chapter 140 of the Statutes of 2005is amended to read

15633 (a) The reports made pursuant to Sections 15630156301 and 15631 shall be confidential and may be disclosedonly as provided in subdivision (b) Any violation of theconfidentiality required by this chapter is a misdemeanorpunishable by not more than six months in the county jail by afine of five hundred dollars ($500) or by both that fine andimprisonment

(b) Reports of suspected abuse of an elder or dependent adultand information contained therein may be disclosed only to thefollowing

(1) Persons or agencies to whom disclosure of information orthe identity of the reporting party is permitted under Section156335

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(2) (A) Persons who are trained and qualified to serve onmultidisciplinary personnel teams may disclose to one anotherinformation and records that are relevant to the preventionidentification or treatment of abuse of elderly or dependentpersons

(B) Except as provided in subparagraph (A) any personnel ofthe multidisciplinary team or agency that receives informationpursuant to this chapter shall be under the same obligations andsubject to the same confidentiality penalties as the persondisclosing or providing that information The information obtainedshall be maintained in a manner that ensures the maximumprotection of privacy and confidentiality rights

(c) This section shall not be construed to allow disclosure ofany reports or records relevant to the reports of abuse of an elderor dependent adult if the disclosure would be prohibited by anyother provisions of state or federal law applicable to the reports orrecords relevant to the reports of the abuse nor shall it be construedto prohibit the disclosure by a financial institution of any reportsor records relevant to the reports of abuse of an elder or dependentadult if the disclosure would be required of a financial institutionby otherwise applicable state or federal law or court order

(d) This seetion shall remain in dIcet on) tmtilJantmry I 2813and as of that date is repealed unless a later enaeted statute thatis enaeted before JMlt1ary12813 deletes or extends that date

SEC 4 Section 15633 of the Welfare and Institutions Codeas added by Section 6 of Chapter 140 of the Statutes of 2005 isrepealed

15633 (a) The leports made ptlrstlMlt to Seetions 15638 and15631 shall be eonndential and may be diselosed on) as pro videdin stlbdivision (b) AIl) violation of the eonfidetttialrt reqtliredbythis ehapter is a misdemeanor ptlnishable bynot more than sixmoftths in the eounry jail b)l a nne ofn Vehundred dollars ($588)or byboth that nne and imprisonment

(b) Reports of stlspeeted elder 01 dependent adttlt abttse andinfenmation eontained therein may be diselosed only to thefollo vving

(1) Persons or ageneies to vvhomdiselostlfe of information orthe identity of the reporting pMty is permitted tlnder Seetion156335

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(2) EA) Persems who Me trftined Md qtlftlified to sene onmtlltidiseiplinftfjf persoflftel teftll1smfty diselose to one Mlotherinfermtttion Md reeords thftt Me relevflnt to the preventionidentifiefttion or trefttment of ftbttse of elderly or dependentpersons

EB) Exeept ftSpro vided in SMpMftgrftph EA) Mly personnel ofthe ftltlltidiseiplinftry teftftl or ftgeney thftt reeeives informfttionptlrstlftnt to this ehflPtel shftH he tinder the sftme ohligfttions ftndsttbjeet to the sftme eonfidentiftlity penftlties ftS the pelsondisdosing or pro viding thftt infermfttion The informfttion ohtftinedshftH he mftintftined in ft ftlftflfter thftt enstlfes the ftlftXimttmproteetion ofprivftey ftnd eonfidentiftlity rights

Ee) This seetion shftH not he eonstftled to ftHo diselostlfe ofMy reports or reeords rde vMit to the reports of elder or dependentftdttlt ftbttse if the disdostlfe votlld he prohibited hy My other110visions of stftte or federftllft bullbull ftppliefthle to the reports or reeordsrele vftnt to the reports of the flbttse

Ed) This seetion shftH heeome operftti ve on Jftntlftry I 2013SEC 5 Section 15634 of the Welfare and Institutions Code

as amended by Section 7 of Chapter 140 of the Statutes of 2005is amended to read

15634 (a) No care custodian clergy member healthpractitioner mandated reporter of suspected financial abuse of anelder or dependent adult or employee of an adult protectiveservices agency or a local law enforcement agency who reports aknown or suspected instance of abuse of an elder or dependentadult shall be civilly or criminally liable for any report requiredor authorized by this article Any other person reporting a knownor suspected instance of abuse of an elder or dependent adult shallnot incur civil or criminal liability as a result of any reportauthorized by this article unless it can be proven that a false reportwas made and the person knew that the report was false No personrequired to make a report pursuant to this article or any persontaking photographs at his or her discretion shall incur any civil orcriminal liability for taking photographs of a suspected victim ofabuse of an elder or dependent adult or causing photographs to betaken of such a suspected victim or for disseminating thephotographs with the reports required by this article Howeverthis section shall not be construed to grant immunity from thisliability with respect to any other use of the photographs

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(b) No care custodian clergy member health practitionermandated reporter of suspected financial abuse of an elder ordependent adult or employee of an adult protective services agencyor a local law enforcement agency who pursuant to a request froman adult protective services agency or a local law enforcementagency investigating a report of known or suspected abuse of anelder or dependent adult provides the requesting agency withaccess to the victim of a known or suspected instance of abuse ofan elder or dependent adult shall incur civil or criminal liabilityas a result of providing that access

(c) The Legislature finds that even though it has providedimmunity from liability to persons required to report abuse of anelder or dependent adult immunity does not eliminate thepossibility that actions may be brought against those persons basedupon required reports of abuse In order to further limit the financialhardship that those persons may incur as a result of fulfilling theirlegal responsibilities it is necessary that they not be unfairlyburdened by legal fees incurred in defending those actionsTherefore a care custodian clergy member health practitioneror an employee of an adult protective services agency or a locallaw enforcement agency may present to the StMe B6Md 6pound C6ntr61California Victim Compensation and Government Claims Boarda claim for reasonable fttt6meys attorneys fees incurred in anyaction against that person on the basis of making a report requiredor authorized by this article if the court has dismissed the actionupon a demurrer or motion for summary judgment made by thatperson or if he or she prevails in the action The StMe B6ftrd 6fC6ntr61 California Victim Compensation and Government ClaimsBoard shall allow that claim if the requirements ofthis subdivisionare met and the claim shall be paid from an appropriation to bemade for that purpose Att6mey s Attorneys fees awarded pursuantto this section shall not exceed an hourly rate greater than the ratecharged by the Attorney General at the time the award is madeand shall not exceed an aggregate amount of fifty thousand dollars($50000) This subdivision shall not apply if a public entity hasprovided for the defense of the action pursuant to Section 995 ofthe Government Code

(d) This seeti6n shftll remftin in dfeet 6ttly tmtil J8fttlfll)1 2013ftnd ftS6pound thftt dMe is repeftled wIess ft IMer enfteted stMute thMis en8eted before Jftftt18ry12013 deletes 6r extends thM dMe

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SEC 6 Section 15634 of the Welfare and Institutions Codeas amended by Section 711 ojChapter 538 of the Statutes oj2006is repealed

15634 eft) No eMe etlstodimt ele~ member hea-lthpraetitioner or employee of an adttlt proteeti-ve serviees ageneyor a loeal larn enforeement ageney who reports a lrnown orsttspeeted instanee of elder or dependent adtllt abtlse shaHbe eiviHyor eriminalry liable for any report reqttired or attthorizedby thisartiele Any other peIson reporting a lrnOWfior stlspeeted instaneeof elder or dependeItt adttIt abtlse shall not inettr ei vil or eriminalliability as a restllt of any report attthorizedby this artiele ttnlessit ean be pro ven that a false report was made and the person knewthat the report vvasrelse gteJoperson reqtlired to make a reportptlrstlant to this artiele or any person taking photographs at his orher diseretion shall inettr any eivii or eriminalliability fer takingphotographs of a stlspeeted vietim of elder or dependent adtlltabtlse or eattsing photographs to be taken of the stlspeeted vietimor fOIdisseminating the photographs with the reports reqtlired bythis artiele However this seetion shall not be eonstmed to gIantimmttnity from this liability vvithrespeet to any other tlse of thephotographs

(b) No eMe etlstodian el~ member health praetitioner oremployee of an adtlIt proteetive seniees ageney or a loea-l lawenfereemeItt ageney who pttrsttant to a reqtlest from an adttltproteeti-ie seniees ageney or a loeal lavI enforeemeItt ageneyinvestigating a report of lrnOViftor stlspeeted elder or dependentadtllt abtlse proides the reqtlesting ageney with aeeess to thevietim of a lrnovvnor stlspeeted instanee of elder or dependeIttadttlt abtlse shall inettr eiviI or eriminal liability as a restlIt ofpro viding that aeeess

ee) The Legislatttre finds that even thOtlgh it has pIOvidedimmtlnity from liability to peIsons reqtlired to report elder ordependent mit abttse immtlIlity does not eliminate the possibilitythat aetions may be brotlght agamst those persons based tlJ0nreqtlired reports of abtlse In order to fttrther limit the finaneialhardship that those persons may inettr as a resttIt offttlfilling theirlegal responsibilities it is neeessary that they not be tlftreirlybttrdened by legal fees inetlffed in defending those aetionsTherefore a eMeetlstodian ele~ member health praetitioneror employee ofan adttlt proteetive seniees ageney or a loeallffi7t

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enfOieement agene)l ma) present to the CalifeJmia VietimCempensatien and Geemment Claims BeMd a elaim feJrreasenable atteme)s fees inetJifedin any aetien agffinstthat persenen the basis efmMcinga repert reqtlired er attth6rizedb)l this Mtieleif the eeM has dismissed the aetien t1pen a demtlffer el metienfur sttmillM)lj tldgment made b that persen el ifhe er she preailsin the aetien The Califumia Vietim Cempensatien andGeemment Claims Beard shall allew that ehtim if thereqtlirements ef this sttbdi isien Me met and the elaim shall bepaid fl6man fllprepriatien te be made fur that ptllpese Atteme) sfees aarded ptliStlMltto this seetien shall net exeeedan hetlilyrate greater than the late eharged b the Attemey General at thetime the aard is made and sh8llnet exeeedan aggregate amettllteffitty thetlsanBdellMs ($50000) This sttbdF isien shall net applyif a pttblie enti) has pmbullided fer the defense ef the aetien ptlistlantte Seetien 995 ef the Ge emment Cede

(6) This seetien shall beeeme eperatie en JMttlM)12013SEC 7 Section 15640 of the Welfare and Institutions Code

as amended by Section 9 of Chapter 140 of the Statutes of2005is amended to read

15640 (a) (1) An adult protective services agency shallimmediately or as soon as practically possible report by telephoneto the law enforcement agency having jurisdiction over the caseany known or suspected instance of criminal activity and to anypublic agency given responsibility for investigation in thatjurisdiction of cases of elder and dependent adult abuse everyknown or suspected instance of abuse pursuant to Section 15630or 156301 of an elder or dependent adult A county adult protectiveservices agency shall also send a written report thereof within twoworking days of receiving the information concerning the incidentto each agency to which it is required to make a telephone reportunder this subdivision Prior to making any cross-report ofallegations of financial abuse to law enforcement agencies anadult protective services agency shall first determine whether thereis reasonable suspicion of any criminal activity

(2) If an adult protective services agency receives a report ofabuse alleged to have occurred in a long-term care facility thatadult protective services agency shall immediately inform theperson making the report that he or she is required to make thereport to the long-term care ombudsman program or to a local law

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enforcement agency The adult protective services agency shallnot accept the report by telephone but shall forward any writtenreport received to the long-term care ombudsman

(b) If an adult protective services agency or local lawenforcement agency or ombudsman program receiving a report ofknown or suspected elder or dependent adult abuse determinespursuant to its investigation that the abuse is being committed bya health practitioner licensed under Division 2 (commencing withSection 500) of the Business and Professions Code or any relatedinitiative act or by a person purporting to be a licensee the adultprotective services agency or local law enforcement agency orombudsman program shall immediately or as soon as practicallypossible report this information to the appropriate licensingagency The licensing agency shall investigate the report in lightof the potential for physical harm The transmittal of informationto the appropriate licensing agency shall not relieve the adultprotective services agency or local law enforcement agency orombudsman program of the responsibility to continue its owninvestigation as required under applicable provisions of law Theinformation reported pursuant to this paragraph shall remainconfidential and shall not be disclosed

(c) A local law enforcement agency shall immediately or assoon as practically possible report by telephone to the long-termcare ombudsman program when the abuse is alleged to haveoccurred in a long-term care facility or to the county adultprotective services agency when it is alleged to have occurredanywhere else and to the agency given responsibility for theinvestigation of cases of elder and dependent adult abuse everyknown or suspected instance of abuse of an elder or dependentadult A local law enforcement agency shall also send a writtenreport thereof within two working days of receiving the informationconcerning the incident to any agency to which it is required tomake a telephone report under this subdivision

(d) A long-term care ombudsman coordinator may report theinstance of abuse to the county adult protective services agencyor to the local law enforcement agency for assistance in theinvestigation of the abuse if the victim gives his or her consent Along-term care ombudsman program and the Licensing andCertification Division ofthe State Department ofIIealth SeI ieesPublic Health shall immediately report by telephone and in writing

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1 within two working days to the bureau any instance of neglect2 occurring in a health care facility that has seriously harmed any3 patient or reasonably appears to present a serious threat to the4 health or physical well-being of a patient in that facility If a victim5 or potential victim of the neglect withholds consent to being6 identified in that report the report shall contain circumstantial7 information about the neglect but shall not identify that victim or8 potential victim and the bureau and the reporting agency shall9 maintain the confidentiality of the report until the report becomes

lOa matter of public record11 (e) When a county adult protective services agency a long-term12 care ombudsman program or a local law enforcement agency13 receives a report of abuse neglect or abandonment of an elder or14 dependent adult alleged to have occurred in a long-term care15 facility that county adult protective services agency long-term16 care ombudsman coordinator or local law enforcement agency17 shall report the incident to the licensing agency by telephone as18 soon as possible19 (f) County adult protective services agencies long-term care20 ombudsman programs and local law enforcement agencies shall21 report the results of their investigations of referrals or reports of22 abuse to the respective referring or reporting agencies23 Eg) This seeti6n shall remain in dIcet 6ny tlfttilJ~ 1201324 and as 6f that date is repealed unless a later enaeted stMttte that25 is enaeted bef6re Janttary 12013 deletes 6r extends that date26 SEC 8 Section 15640 of the Welfare and Institutions Code27 as added by Section 10 of Chapter 140 of the Statutes of 2005 is28 repealed 29 15640 Ea) E1) An adult pr6teeti e sen iees ageney shall30 immediate) 6r as S66nas praetieal) p6ssible rep6rt 0 te1eph6ne31 t6 the la~ enf6reement ageney haing jttrisdieti6n 6er the ease32 an kntMfl6r suspeeted instanee 6f eriminal aeth it) and t6 any33 pttblie agene gien resp6nsibilit) f6r illestigMi6n in that34 jurisdieti6n 6f eases 6f elder and dependent adttlt abuse eery35 kfl6n6r suspeeted instanee 6f aetlse purstlant t6 Seeti6n 1563036 6f an elder 6r dependent adttlt A e6t11ltyadttlt pr6teeti e sen iees37 ageney shall als6 send a TV ritten rep6rt there6f Vv ithin ti 6 V 6rking38 days 6f reeeiving the inwrmati6n e6neeming the ineident t6 eaeh39 ageney t6 vv hieh it is reqtlired t6 make a teleph6ne Iep6rt tlftder40 this subdiisi6n Pri6r t6 making an er6SSIep6rt 6f allegati6ns

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-21- AB518

offilumeial abttse to lavvenforeemertt a-geneiesMladult proteetFesen iees agene) shaH first determine whether there is reasonablesuspieion of tmJ eriminM aeti vit

(2) If an adult proteeti ve sen iees agene) reeei ves a report ofabttse alleged to ha ve oeettlTed in a long teml eare faeilit) thatadttlt proteeti ve sen iees ageney shall immediate) infoml theperson making the report that he or she is required to make thereport to the long term eare ombttdsman program 01 to aloeallawenforeemertt a-geneyThe adttlt proteeti ve sen iees agene) shallnot aeeept the report b) telephone btlt shall fonvMd flit) vvTittenreport leeehed to the long teml eare ornbtldsman

(b) If an adtllt proteetive seniees ageney or loeal lawenforeement agene) or ornbtldsman program reeei vinga report ofkftovm or stlspeeted elder or dependent adttlt MtlSe determinespttrstlartt to its inYestigationthat the flbttseis being eommitted bya health 11aetitioner lieensed tlftder Division 2 (eonJffieneingwithSeetion 500) of the Btlsiness flftdProfessions Code or flit) lelatedinitiatiye aet or by a person ptlrporting to be a lieensee the adtlltproteetive seniees a-gene) or loeallaw enforeement agene) orombttdsman program shall immediate) or as soon as praetieall)possible report this mformation to the appropriate lieensingagene) The lieensing agene) shall investigate the report in lightof the poterttial fur ph) sieal hamlThe trMlsmittfllof informationto the appropriate lieensing agene) shall not relieve the adtlltproteethe serviees agene) or loeallaw enforeement agene) orornbtldsmflft program of the responsibility to eorttinue its 0~vninvestigation as reqttired tlftder applieable provisions of law Theinformation reported pttrstlant to this paragraph shall remaineoniiderttial flItdshfl11not be diselosed

(e) A loealla bullbull enforeement agefte) shall immediate) or assoon as praetieal) possible report b) telephone to the long termeare ombtldsman program bullbullhen the abtlse is alleged to haveoeetllTed in a long term eare faeilit) or to the eotlnt) adttltproteetive seniees agene) bullbullhen it is alleged to have oeeUlfedan) vvhere else flftd to the agene) gh en responsibilit) for theinvestigation of eases of elder and dependent adttlt abtlse everykftovm or stlspeeted instflftee of MtlSe of an elder or dependerttadttlt A loeallaw enforeement ageney shall also send a Ylfittenreport thereof bullbullithin ftv0 vvorking dfl)s ofreeei ving the infomlation

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AB518 -22-

eoneeming the ineident to an agenC) to vvhieh it is reqtlired toftutke a telephone report tlIlderthis stlbdh ision

Ed) A long tenn eare ombttdsman eoordinator mll) report theinstlllleeof abtlse to the eot1llryadttlt proteetive seniees ageneyor to the loeal la bullbull enforeement agenC) for assistlllleein theinvestigationof the abttse if the vietim gives his or her eonsent Along tenn eMe ombtldsmllllprogram llIldthe Lieensing llIldCertifieation Division of the State DepMtment ofIIealth Senieesshall immediately report b telephone llIldin vvriting vvithin hiv0tv orkingdll) s to the bm eatl an instlllleeof negleet oeet1ffingin ahealth eare faeiliry that has seriotlsl hMmed an patient orreasonably appeMs to present a seriotls threat to the health orph sieal vvell being of a patient in that ffteiliry If a J ietim orpotential TV ietim of the neglect vithholds eonsent to being identifiedin that report the report shall eontain eirettmstlllltialinformationabom the negleet bm shall not identif) that vietim or potentialvietim and the bttreatl llIldthe reporting agenC) shall maintain theeoniidentialiry of the report tlntil the report beeomes a matter ofptlblie reeord

Ee) hen a eotlllryadttlt proteeti ve sen iees agenC) a long termeare ombtldsman program or a loeal la enforeement ageneyreeeives a report ofabttse negleet or ablllldonmentofllllelder ordependent adttlt alleged to have oeet1ffedin a long term earefaeiliry that eotlnty adtllt proteeti ve sen iees agenC) long termeare ombtldsmlllleoordinator or loeallavv enforeement ageneyshall report the ineident to the lieensing agene b telephone assoon as possible

ED COtl1lt)adtllt proteetive seniees ageneies long term eareombttdsman programs and 10ea1lavvenforeement ageneies shallreport the restllts of their investigations of referrals or reports ofabtlse to the respeetive referring or reporting ageneies

Eg) This seetion shall beeome operative on JllIlt1flry12013SEC 9 Section 156555 of the Welfare and Institutions Code

as amended by Section 11 of Chapter 140 of the Statutes of 2005is amended to read

156555 A county adult protective services agency shallprovide the organizations listed in paragraphs (v) (w) and (x) ofSection 1561017 and mandated reporters of suspected financialabuse of an elder or dependent adult pursuant to Section 156301with instructional materials regarding abuse and neglect of an elder

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1 or dependent adult and their obligation to report under this chapter2 At a minimum the instructional materials shall include the3 following4 (a) An explanation of abuse and neglect of an elder or dependent

adult as defined in this chapter6 (b) Information on how to recognize potential abuse and neglect7 of an elder or dependent adult8 (c) Information on how the county adult protective services9 agency investigates reports of known or suspected abuse and

neglect11 (d) Instructions on how to report known or suspected incidents12 of abuse and neglect including the appropriate telephone numbers13 to call and what types of information would assist the county adult14 protective services agency with its investigation of the report

(e) This seetion shall remain in eifcet only tlfttil Jflfttlttry 1 201316 and as of that date is repealed tmless a later enaeted stattlte that17 is enaeted before Jafttlttry 12013 deletes or extends that date18 SEC 10 Section 156555 of the Welfareand Institutions Code19 as amended by Section 712 of Chapter 538 of the Statutes of2006

is repealed21 156555 A eottftt) achtlt proteetive serviees agene) shall22 pmvide the organi2ations listed in paragraphs (v) (vv) and Ex) of23 Seetion 1561017 with instItletional materials regarding elder and24 dependent achtlt abtlse and negleet and their obligation to report

under this ehapter At a minimum the instruetional materials shall26 inelude the follovving27 (a) An explanation of elder and dependent achtlt abuse and28 negleet as defined in this ehapter29 (b) Information on how to reeogni2e potential elder and

dependent achtlt abuse and negleet31 (e) Information on ho vIthe eottftt) achtlt proteeti ve serv iees32 agene) investigates reports of knovm or suspeeted abuse and33 negleet34 (d) Instmetions on hovv to report ]movvn or suspeeted ineidents

of abuse and negleet ineltlding the appropriate telephone llt11llbers36 to eall and what rypes of information vvould assist the eount) adult37 proteetirv e sen iees agene) with its in (estigation of the report38 (e) This seetion shall beeome operati e on January I 20 13

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AB 608 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 608Pan

Health care coverage telemedicine

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to health care

httpwww1eginfocagovpubII-12Ibillasmab_0601-0650ab _608_ bill_ 20120201_status 652012

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AB 783 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 783AUTHOR(S) HayashiTOPIC Professional corporations licensed physical therapists

and occupational therapists+LAST AMENDED DATE 04072011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

COMMCOMMCOMM

HIST ACT DATEHIST ACTION

From committeeRule 62(a)

LOCATION SENACTION DATEACTION

06282011In committee Set second hearing Failed passagewithout further action pursuant to Joint

LASTLAST

BUSINESS PROFESSIONS AND ECONOMIC DEVELOPMENT06272011

Set second hearing Failed passage in Committee

TITLE An act to amend Section 2406 of the Business andProfessions Code and to amend Section 134015 of theCorporations Code relating to professional corporations

httpwwwleginfocagovpub11-12billasmab_0751-0800ab_783_bill_20111115_status 652012

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AMENDED IN ASSEMBLY APRIL 7 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 783

Introduced by Assembly Member Hayashi

February 172011

An act to amend Section 2406 of the Business and Professions Codeand to amend Section 134015 of the Corporations Code relating toprofcssiemal eorporations and deelaring the mgeney thereof to tttkeeffeet immediatelyprofessional corporations

LEGISLATIVE COUNSELS DIGEST

AB 783 as amended Hayashi Professional corporations licensedphysical therapists and occupational therapists

Existing law regulating professional corporations provides that certainhealing arts practitioners may be shareholders officers directors orprofessional employees of a medical corporation-er-a podiatric medicalcorporation or a chiropractic corporation subject to certain limitations

This bill would add licensed physical therapists and licensedoccupational therapists to the list of healing arts practitioners who maybe shareholders officers directors or professional employees of thosecorporations The bill would also make conforming changes to a relatedprovision

This bill vv otlld deelare that it is to take etteet immediately as anmgeney statttte

Vote -majority Appropriation no Fiscal committee noState-mandated local program no

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AB783 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 2406 of the Business and Professions2 Code is amended to read3 2406 A medical corporation or podiatry corporation is a4 corporation that is authorized to render professional services as

defined in Sections 13401 and 134015 ofthe Corporations Code6 so long as that corporation and its shareholders officers directors7 and employees rendering professional services who are physicians8 and surgeons psychologists registered nurses optometrists9 podiatrists chiropractors acupuncturists naturopathic doctors

physical therapists or in the case of a medical corporation only11 physician assistants marriage and family therapists or clinical12 social workers are in compliance with the Moscone-Knox13 Professional Corporation Act the provisions of this article and all14 other statutes and regulations now or hereafter enacted or adopted

pertaining to the corporation and the conduct of its affairs16 With respect to a medical corporation or podiatry corporation17 the governmental agency referred to in the Moscone-Knox18 Professional Corporation Act is the board19 SEC 2 Section 134015 of the Corporations Code is amended

to read21 134015 Notwithstanding subdivision (d) of Section 1340122 and any other provision of law the following licensed persons23 may be shareholders officers directors or professional employees24 of the professional corporations designated in this section so long

as the sum of all shares owned by those licensed persons does not26 exceed 49 percent ofthe total number of shares of the professional27 corporation so designated herein and so long as the number of28 those licensed persons owning shares in the professional29 corporation so designated herein does not exceed the number of

persons licensed by the governmental agency regulating the31 designated professional corporation32 (a) Medical corporation33 (1) Licensed doctors of podiatric medicine34 (2) Licensed psychologists

(3) Registered nurses36 (4) Licensed optometrists37 (5) Licensed marriage and family therapists38 (6) Licensed clinical social workers

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-3-

(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists(10) Naturopathic doctors(11) Licensed physical therapists(12)Licensed occupational therapists(b) Podiatric medical corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed optometrists(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(8) Licensed physical therapists(9) Licensed occupational therapists(c) Psychological corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Registered nurses(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed chiropractors(8) Licensed acupuncturists(9) Naturopathic doctors(d) Speech-language pathology corporation(1) Licensed audiologists(e) Audiology corporation(1) Licensed speech-language pathologists(t) Nursing corporation(l) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists

AB783

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(10) Naturopathic doctors(g) Marriage and family therapy corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed clinical social workers(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(h) Licensed clinical social worker corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed marriage and family therapists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(i) Physician assistants corporation(1) Licensed physicians and surgeons(2) Registered nurses(3) Licensed acupuncturists(4) Naturopathic doctorsG) Optometric corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(k) Chiropractic corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed acupuncturists(9) Naturopathic doctors

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-5- AB783

(10) Licensed physical therapists(11) Licensed occupational therapists(l) Acupuncture corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed physician assistants(9) Licensed chiropractors(10) Naturopathic doctors(m) Naturopathic doctor corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed physician assistants(5) Licensed chiropractors(6) Licensed acupuncturists(7) Licensed physical therapists(8) Licensed doctors of podiatric medicine(9) Licensed marriage family and child counselors(10) Licensed clinical social workers(11) Licensed optometrists(n) Dental corporation(1) Licensed physicians and surgeons(2) Dental assistants(3) Registered dental assistants(4) Registered dental assistants in extended functions(5) Registered dental hygienists(6) Registered dental hygienists in extended functions(7) Registered dental hygienists in alternative practiceSEC 3 This aet is Ml ttrgene statttte neeessary for the

immediatepresenation of the ptlblie peaee hettlihor saferyvvithinthe meMling of Miele IV of the Constittttion Mld shaHgo intoimmediate effeet The fftets eonstitttting the neeessiry Me

In order to 8t1thorizelieensed physieal therapists to beshareholders offieers mreetors or professional employees of

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AD7S3 -6-

1 memeal eorpofatiofts andpodiatrie medieal eorpofatiofts as soOft2 as possible it is fteeessary that this aet tftke dIeet immediately

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AB 800 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 800Huber

Boards and commissions time reporting

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to add Section 1156410 to the Government Coderelating to boards and commissions

httpwwwleginfocagovpubI11-12billasmlab_0751-0800ab _800_ bill_20120201_status 652012

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AB 958 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 958Bill Berryhill

Regulatory boards limitations periods

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to Art IV Sec 10(e) of theFrom committee Filed with the Chiefto Joint Rule 56BUSINESS PROFESSIONS AND CONSUMER PROTECTION

TITLE An act to add Section 1105 to and to repeal Sections16702 22305 296005 3137 375051 498205499032 5561 5661 76865 988420 and 98898 of theBusiness and Professions Code relating to regulatoryboards

httpwwwleginfocagovpub11-12lbillasmlab_0951-1 OOOab_958 _bill_ 20120202_ status 652012

AB 1003 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 1003Smyth

Professional and vocational licenses

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to professional and vocational licenses

httpwwwleginfocagovpubll-12Ibillasmlab_l00l-l 050ab_1003 _bill_2012020 I_statu 652012

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AB 1205 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1205AUTHOR(S) Bill BerryhillTOPIC Licensed behavior analysts+LAST AMENDED DATE 04042011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to amend Section 499018 of and to add Chapter52 (commencing with Section 252971) to Division 2 ofthe Business and Professions Code relating to healingarts

httpwwwleginfocagovpub11-12billasmab _120 1-1250ab_1205 _bill_20 120201_statu 652012

AB 1435 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1435AUTHOR(S) Dickinson (Coauthors Alejo Buchanan and Hill) TOPIC Child abuse reporting athletic personnelHOUSE LOCATION SEN+LAST AMENDED DATE OS252012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredState-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS for

LASTLAST

APPROPRIATIONSOS252012

Do pass as amendedAyes 17 Noes OOPASS

TITLE An act to amend Section 111657 of the Penal Coderelating to child abuse reporting

httpwww1eginfocagovpub11-12lbiIVasmab_140 1-1450ab _1435 _bill~0120601_statu 652012

AMENDED IN ASSEMBLY MAY 25 2012

AMENDED IN ASSEMBLY MARCH 21 2012

AMENDED IN ASSEMBLY MARCH 142012

AMENDED IN ASSEMBLY FEBRUARY 29 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1435

Introduced by Assembly Member Dickinson(Coauthors Assembly Members Alejo Buchanan and Hill)

January 4 2012

An act to amend Section 111657 of the Penal Code relating to childabuse reporting

LEGISLATIVE COUNSELS DIGEST

AB 1435 as amended Dickinson Child abuse reporting athleticpersonnel

Existing law the Child Abuse and Neglect Reporting Act requiresa mandated reporter as defined to report whenever he or she in his orher professional capacity or within the scope of his or her employmenthas knowledge of or observed a child whom the mandated reporterknows or reasonably suspects has been the victim of child abuse orneglect Failure to report an incident is a crime punishable byimprisonment in a county jail for a period of up to 6 months a fine ofup to $1000 or by both that imprisonment and fine

This bill would add athletic coaches athletic administrators andathletic directors employed by a public or private organization to thelist of individuals who are mandated reporters The bill otlld reqtlirean ptlblie or pri v ate orgflftizationernplo ing flftathletieeoaen Mhletie

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AB 1435 -2-

ftdministrator or Mhletie direetor to hftve provided initiftl trftining byJflfttlM) I 2014 on speeified mfttters relMing to ehiM a-bttse ftftdnegleetfor those employees On ftftd ftfter lftnuftry 12014 the bill vvottld reeJtlireinitiftl trftining to be pro vided IV ithin 6 months of the dMe ftn indi vidttftlbeeomes employed in thM eftlfteiry The bill vvouM require theseindividuftls to eomplete eontifttling tminmg every 2 yeMs

By imposing the reporting requirements on a new class of personsfor whom failure to report specified conduct is a crime ftftdby imposingne~ trftining reeJtlirements on publie oIgftfiiZMions ineluding loeftlgOvernment entities this bill would impose a state-mandated localprogram

The Cftlifomift Constittltion reqtlires the stMe to reimbtlfse loeftlftgeneies ftnd sehool distriets for eertftin eosts mftftdMed by the stftteStftttltory pItYvisions esffiblish proeedtlfes for mftkffigthftt reimbtlfsement

This bill hould pro vide thM 4vith regMd to eertftin mftftdfttes noIeimbtlfsement is reeJtlired by this ftet for ft speeified reftson

Vith regftM to ftny other mftndMeS this bill vv0tlM pro vide thM if theCommission on StMe ~bndtltes determines thM the bill eontftins eostsso mftndftted by the stftte reimbttIsement for those eosts shftll be mftdeptlfStlftnt to the stftttltory pro visions noted ttbo ve

The California Constitution requires the state to reimburse localagencies and school districts for certain costs mandated by the stateStatutory provisions establish procedures for making thatreimbursement

This bill would provide that no reimbursement is required by this actfor a specified reason

Vote majority Appropriation no Fiscal committee yesState-mandated local program yes

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 111657 of the Penal Code is amended2 to read3 111657 (a) As used in this article mandated reporter is4 defined as any of the following5 (1) A teacher6 (2) An instructional aide7 (3) A teachers aide or teachers assistant employed by any8 public or private schooL9 (4) A classified employee of any public schooL

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-3- AB 1435

1 (5) An administrative officer or supervisor of child welfare and2 attendance or a certificated pupil personnel employee of any public3 or private school4 (6) An administrator of a public or private day camp

(7) An administrator or employee of a public or private youth6 center youth recreation program or youth organization7 (8) An administrator or employee of a public or private8 organization whose duties require direct contact and supervision9 of children

(9) Any employee of a county office of education or the State11 Department of Education whose duties bring the employee into12 contact with children on a regular basis13 (10) A licensee an administrator or an employee of a licensed14 community care or child day care facility

(11) A Head Start program teacher16 (12) A licensing worker or licensing evaluator employed by a17 licensing agency as defined in Section 111651118 (13) A public assistance worker19 (14) An employee of a child care institution including but not

limited to foster parents group home personnel and personnel of21 residential care facilities22 (15) A social worker probation officer or parole officer23 (16) An employee of a school district police or security24 department

(17) Any person who is an administrator or presenter of or a26 counselor in a child abuse prevention program in any public or27 private school28 (18) A district attorney investigator inspector or local child29 support agency caseworker unless the investigator inspector or

caseworker is working with an attorney appointed pursuant to31 Section 317 of the Welfare and Institutions Code to represent a32 mmor33 (19) A peace officer as defined in Chapter 45 (commencing34 with Section 830) of Title 3 of Part 2 who is not otherwise

described in this section36 (20) A firefighter except for volunteer firefighters37 (21) A physician and surgeon psychiatrist psychologist dentist38 resident intern podiatrist chiropractor licensed nurse dental39 hygienist optometrist marriage and family therapist clinical social

worker professional clinical counselor or any other person who

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AB 1435 -4-

is currently licensed under Division 2 (commencing with Section500) of the Business and Professions Code

(22) Any emergency medical technician I or II paramedic orother person certified pursuant to Division 25 (commencing withSection 1797) of the Health and Safety Code

(23) A psychological assistant registered pursuant to Section2913 of the Business and Professions Code

(24) A marriage and family therapist trainee as defined insubdivision (c) of Section 498003 of the Business and ProfessionsCode

(25) An unlicensed marriage and family therapist internregistered under Section 498044 of the Business and ProfessionsCode

(26) A state or county public health employee who treats a minorfor venereal disease or any other condition

(27) A coroner(28) A medical examiner or any other person who performs

autopsies(29) A commercial film and photographic print processor as

specified in subdivision (e) of Section 11166 As used in thisarticle commercial film and photographic print processor meansany person who develops exposed photographic film into negativesslides or prints or who makes prints from negatives or slides forcompensation The term includes any employee of such a personit does not include a person who develops film or makes prints fora public agency

(30) A child visitation monitor As used in this article childvisitation monitor means any person who for financialcompensation acts as monitor of a visit between a child and anyother person when the monitoring of that visit has been orderedby a court of law

(31) An animal control officer or humane society officer Forthe purposes ofthis article the following terms have the followingmeanings

(A) Animal control officer means any person employed by acity county or city and county for the purpose of enforcing animalcontrol laws or regulations

(B) Humane society officer means any person appointed oremployed by a public or private entity as a humane officer who is

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-5- AB 1435

qualified pursuant to Section 14502 or 14503 of the CorporationsCode

(32) A clergy member as specified in subdivision (d) of Section11166 As used in this article clergy member means a priestminister rabbi religious practitioner or similar functionary of achurch temple or recognized denomination or organization

(33) Any custodian of records of a clergy member as specifiedin this section and subdivision (d) of Section 11166

(34) Any employee of any police department county sheriffsdepartment county probation department or county welfaredepartment

(35) An employee or volunteer of a Court Appointed SpecialAdvocate program as defined in Rule 1424 ofthe California Rulesof Court

(36) A custodial officer as defined in Section 8315(37) Any person providing services to a minor child under

Section 12300 or 123001 of the Welfare and Institutions Code(38) An alcohol and drug counselor As used in this article an

alcohol and drug counselor is a person providing counselingtherapy or other clinical services for a state licensed or certifieddrug alcohol or drug and alcohol treatment program Howeveralcohol or drug abuse or both alcohol and drug abuse is not inand of itself a sufficient basis for reporting child abuse or neglect

(39) A clinical counselor trainee as defined in subdivision (g)of Section 499912 of the Business and Professions Code

(40) A clinical counselor intern registered under Section 499942of the Business and Professions Code

(41) An athletic coach athletic administrator or athletic directoremployed by a public or private organization including but notlimited to schools and instittttions of higher e6ueation thatprovidekindergarten or any of grades 1 to 12 inclusive

(b) Except as provided in paragraph (35) of subdivision (a)volunteers of public or private organizations whose duties requiredirect contact with and supervision of children are not mandatedreporters but are encouraged to obtain training in the identificationand reporting of child abuse and neglect and are further encouragedto report known or suspected instances of child abuse or neglectto an agency specified in Section 111659

(c) Employers are strongly encouraged to provide theiremployees who are mandated reporters with training in the duties

95

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101112131415161718192021222324252627282930313233343536373839

AB 1435 -6-

imposed by this article This training shall include training in childabuse and neglect identification and training in child abuse andneglect reporting Whether or not employers provide theiremployees with training in child abuse and neglect identificationand reporting the employers shall provide their employees whoare mandated reporters with the statement required pursuant tosubdivision (a) of Section 111665

(d) School districts that do not train their employees specifiedin subdivision (a) in the duties of mandated reporters under thechild abuse reporting laws shall report to the State Department ofEducation the reasons why this training is not provided

(e) Unless otherwise specifically provided the absence oftraining shall not excuse a mandated reporter from the dutiesimposed by this article

(f) Public and private organizations are encouraged to providetheir volunteers whose duties require direct contact with andsupervision of children with training in the identification andreporting of child abuse and neglect

(g) (1) On 6r befure Jttmtary 1 2014 ttll) pttblie 6r privflie6rganizttti6ftemp16ing ttft Mhletie e6tteh Mhletie ttdmimstrltt6r6r Mhletie direet6r ttSspeeified ift pMttgrttph (41) 6f sttbdivisi6ft(tt) shttll pr6 vide iftitittl trttining f6r th6se empl~ ees 6n thefull6vvingmtttters

(A) The identifiettti6n 6f ehild ttbttse ttnd negleet(D) Aeti vities thttt e6ftstitttte inltppr6prittte ttftd illegttl e6ntttet

betiveen tt 6tlth ltftd ltft ttthietie e6tteh Mhletie ttdmiftistrttt6r 6rttthietie direet6r

(6) The resp6nsibilities 6f tt pers6n identified lIStt mttndfliedrep6rter in this seeti6n ineIttding btl ft6t limited t6 ttll 6f thefull6 vving

(i) T6 ~h6m tt rep6rt is reqtlired t6 be mttde(ii) The inf6rmttti6n thttt is reqttired t6 be ifte1ttdedin tt rep6rt(iii) The time vvithiftvvhieha mandated rep6rter is reqttired t6

file tt rep6rt(2) Initittl training shall be pr6vided b perS6ftSkn6vvledgeltble

ift the identifiettti6n 6fehild aettse ttnd negleet inltppf6prittte ltftdillegal e6ntaet bem eena 6ttth and ltftadttIt ltftdstatttt6ry rep6rtingreqttiremeftts ltftdshttll e6nsist 6ftw6 h6ttrs 6felassr66m 6r 6therinteraetive trainiftg ltftdedttettti6n

95

-7- AB 1435

1 (h) Commeneing on fmd aftel Jfmtlftry12014 fmofgfmization2 speeified in sttbdivision (g) shaHpro ide initial training within six3 months of the date that fm individtutl beeomes empleryed as an4 Mhletie eoaeh athletie administrator or athletie direetor ttnless5 the indi idttal reeei ed training Hithin tw0 years prior to the date6 the indi idtlal is empleryed An Mhletie eoaeh athletie7 administrator or athletie direetor Hho has leeeied initial training8 ptlfStlafttto sttbdiision (g) shall eomplete eontifttling training9 thereafter onee eery two years eonsisting of one hottf of

10 elassroom or other interaeti e training fmd edtteation11 SEC 2 No reimbtlrsement is reqtlired by this aet pttfStlafttto12 Seetion 6 ofArtiele )GIlD of the California Constitution for eertain13 eosts that may be inetllTed by a loeal ageney or sehool distriet14 beeatlse ift that regard this aet ereates a nev erime or infraetion15 eliminates a erime or infraetion or ehfmges the penalty fOfa erime16 or inflaetion Hithin the meaning of Seetion 17556 of the17 Goemment Code or ehanges the definition ofa elime Hithin the18 meaning of Seetion 6 of Aniele XIII D of the Califomia19 Constitution20 IIo~eer if the Commission on State Mfmdates determines that21 this aet eontainsother eosts mfmdated by the state reimbttfsement22 to loeal ageneies fmd sehool distliets for those eosts shall be made23 ptlfStlafttto Part 7 (eommeneing Hith Seetion 17500) of Division24 4 of Title 2 of the Goemment Code25 SEC 2 No reimbursement is required by this act pursuant to26 Section 6 of Article XIII B of the California Constitution because27 the only costs that may be incurred by a local agency or school28 district will be incurred because this act creates a new crime or29 infraction eliminates a crime or infraction or changes thepenalty30 for a crime or infraction within the meaning of Section 17556 of31 the Government Code or changes the definition of a crime within32 the meaning of Section 6 of Article XIII B of the California33 Constitution

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95

AB 1904 Assembly Bill Status

MEASURE AUTHOR(S)TOPIC

HOUSE

CURRENT BILL STATUS

AB No 1904Block Butler and

Professions and vocationslicenses

LOCATION

Cookmilitary spouses temporary

TYPE OF BILL

SEN

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyAppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpub11-12billasmab _1901-1950ab _1904_ bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes Noes OOPASS17

An act to add Section 1155 to the Business andProfessions Code relating to professions and vocationsand making an appropriation therefor

-

AB 1588 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1588AUTHOR(S) Atkins (Principal coauthors Cook and Nielsen)

(Coauthors Block Beth Gaines Pan V Manuel PerezWilliams and Yamada)

TOPIC Professions and vocations reservist licensees fees andcontinuing education

HOUSE LOCATION SEN+LAST AMENDED DATE 03052012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS forLAST

LAST

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

TITLE An act to add Section 1143 to the Business andProfessions Code relating to professions and vocations

htlpllwwwleginfocagovpubll-12Ibillasmlab _1551-1600ab _1588 _bill_20120601_statu 652012

middot

AMENDED IN ASSEMBLY MARCH 5 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1588

Introduced by Assembly Member Atkins(Principal coauthors Assembly Members Cook and Nielsen)

(Coauthors Assembly Members Block Beth Gaines PanV Manuel Perez Williams and Yamada)

February 6 2012

An act to add Section 1143 to the Business and Professions Coderelating to professions and vocations

LEGISLATIVE COUNSELS DIGEST

AB 1588 as amended Atkins Professions and vocations reservistlicensees fees and continuing education

Existing law provides for the regulation of various professions andvocations by boards commissions or bureaus within the Departmentof Consumer Affairs and for the licensure or registration of individualsin that regard Existing law authorizes any licensee whose licenseexpired while he or she was on active duty as a member of the CaliforniaNational Guard or the United States Armed Forces to reinstate his orher license without examination or penalty if certain requirements aremet

This bill would require the boards commissions or bureaus describedabove to waive the renewal fees and continuing education requirementsif either is applicable of any licensee or registrant who is a reservistcalled to active duty as a member of the United States Military Reserveor the California National Guard if certain requirements are met

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

98

AB 1588 -2-

Thepeople of the State of Califomi a do enact asfollows

1 SECTION 1 Section 1143 is added to the Business and2 Professions Code to read3 1143 Notwithstanding any other provision oflaw everyboard4 commission or bureau within the department shall waive the5 renewal fees and continuing education requirements if either is6 applicable for any licensee or registrant who is a reservist called7 to active duty as a member of the United States Military Reserve8 or the California National Guard if all of the following9 requirements are met

10 (a) The licensee or registrant was in good standing with the11 board commission or bureau at the time the reservist was called12 to active duty13 (b) The renewal fees or continuing education requirements are14 waived only for the period during which the reservist is on active15 duty service16 (c) The active duty reservist or the active duty reservists spouse17 or registered domestic partner provides written notice satisfactory18 to the board commission or bureau that substantiates the19 reservists active duty service

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98

AB 1896 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1896AUTHOR(S) ChesbroTOPIC Tribal health programs health care practitionersHOUSE LOCATION SEN+LAST AMENDED DATE 03272012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATIONCOMM ACTION DATECOMM ACTIONCOMM VOTE SUMMARY

ASM

05172012Referred to Com on B P amp EDBUSINESS PROFESSIONS AND CONSUMER PROTECTION04102012

Do passAyes 09 Noes OOPASS

TITLE An act to amend the heading of Article 10 (commencingwith Section 710) of Chapter 1 of Division 2 of and toadd Section 719 to the Business and Professions Coderelating to healing arts

httpwwwleginfocagovpubI11-12lbillasmab_1851-1900ab_1896_bill_20120517 _statu 652012

-

AMENDED IN ASSEMBLY MARCH 27 2012

CALIFORNIA LEGISLATURE-20II-12 REGULAR SESSION

ASSEMBLY BILL No 1896

Introduced by Assembly Member Chesbro

February 222012

An act to amend the heading of Article 10 (commencing with Section710) of Chapter 1 of Division 2 of and to add Section 719 to theBusiness and Professions Code relating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1896 as amended Chesbro Tribal health programs health carepractitioners

Under existing federal law licensed health professionals employedby a tribal health program are required to be exempt if licensed in anystate from the licensing requirements of the state in which the tribalhealth program performs specified services A tribal health program isdefined as an Indian tribe or tribal organization that operates any healthprogram service function activity or facility funded in whole or partby the Indian Health Service

Existing law provides for the licensure and regulation of health carepractitioners by various healing arts boards within the Department ofConsumer Affairs

This bill would codify that federal requirement by specifying that aperson who is licensed as a health care practitioner in any other stateand is employed by a tribal health program is exempt from any statelicensing requirement with respect to acts authorized under thepersonslicense where the tribal health program performs specified services

Vote majority Appropriation no Fiscal committee noState-mandated local program no

98

AD 1896 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 The heading of Article 10 (commencing with2 Section 710) of Chapter 1 of Division 2 of the Business and3 Professions Code is amended to read456789

101112131415161718192021

Article 10 Federal Personnel and Tribal Health Programs

SEC 2 Section 719 is added to the Business and ProfessionsCode to read

719 (a) A person who is licensed as a health care practitionerin any other state and is employed by a tribal health program asdefined in Section 1603 of Title 25 of the United States Code shallbe exempt from any licensing requirement described in this divisionwith respect to acts authorized under the persons license wherethe tribal health program performs the services described in thecontract or compact of the tribal health program under the IndianSelf-Determination and Education Assistance Act (25 USC Sec450 et seq)

(b) For purposes of this section health care practitioner meansany person who engages in acts that are the subject of licensureor regulation under this division or Ml) initiative 8et referred to inthis division the law of any other state

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98

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1904

Introduced by Assembly Members Block Butler and Cook

February 222012

An act to add Section 1155 to the Business and Professions Coderelating to professions and vocations and making an appropriationtherefor

LEGISLATIVE COUNSELS DIGEST

AB 1904 as introduced Block Professions and vocations militaryspouses temporary licenses

Existing law provides for the licensure and regulation of variousprofessions and vocations by boards within the Department of ConsumerAffairs Existing law provides for the issuance of reciprocal licenses incertain fields where the applicant among other requirements has alicense to practice within that field in another jurisdiction as specifiedUnder existing law licensing fees imposed by certain boards withinthe department are deposited in funds that are continuously appropriated

This bill would authorize a board within the department to issue atemporary license to an applicant who among other requirements holdsan equivalent license in another jurisdiction as specified and is marriedto or in a legal union with an active duty member of the Armed Forcesofthe United States who is assigned to a duty station in California underofficial active duty military orders The bill would require a board toexpedite the process for issuing these temporary licenses The bill wouldrequire the applicant to pay any fees required by the board and wouldrequire that those fees be deposited in the fund used by the board toadminister its licensing program To the extent that the bill would

99

AB 1904 -2-

increase the amount of money deposited into a continuously appropriatedfund the bill would make an appropriation

Vote majority Appropriation yes Fiscal committee yesState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 1155 is added to the Business and2 Professions Code to read3 1155 (a) A board within the department may issue a4 temporary license to an applicant who meets all of the following5 requirements6 (l) Submits an application in the manner prescribed by the7 board8 (2) Supplies evidence satisfactory to the board that the applicant9 is married to or in a domestic partnership or other legal union

10 with an active duty member of the Armed Forces of the United11 States who is assigned to a duty station in this state under official12 active duty military orders13 (3) Holds a current license in another state district or territory14 of the United States with the requirements that the board determines15 are substantially equivalent to those established under this code16 for that occupation17 (4) Has not committed an act in anyjurisdiction that would have18 constituted grounds for denial suspension or revocation of the19 license under this code at the time the act was committed20 (5) Has not been disciplined by a licensing entity in another21 jurisdiction and is not the subject of an unresolved complaint22 review procedure or disciplinary proceeding conducted by a23 licensing entity in another jurisdiction24 (6) Pays any fees required by the board Those fees shall be25 deposited in the applicable fund or account used by the board to26 administer its licensing program27 (7) Submits fingerprints and any applicable fingerprinting fee28 in the manner required of an applicant for a regular license29 (b) A board shall expedite the procedure for issuing a temporary30 license pursuant to this section31 (c) A temporary license issued under this section shall be valid32 for 180 days except that the license may at the discretion of the

99

-3- AB 1904

I board be extended for an additional180-day period on application2 of the license holder3 (d) A board may adopt regulations necessary to administer this4 section

o

99

AB 1932 Assembly Bill Status

MEASURE AUTHOR(S)TOPICHOUSE+LAST

CURRENT BILL STATUS

AB No 1932Gorell (Coauthor Cook)

United States armed services healing arts boardsLOCATION SENAMENDED DATE 04172012

TYPE OF BILL

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpubI11-12Ibillasmab_1901-1950ab_1932_bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

An act to add Section 7102 to the Business andProfessions Code relating to healing arts

-

AMENDED IN ASSEMBLY APRIL 172012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1932

Introduced by Assembly Member-Ceek Gorell(Coauthor Assembly Member Cook)

February 222012

An act to add Section 7102 to the Business and Professions Coderelating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1932 as amended euroook Gorell United States armed serviceshealing arts boards

Existing law provides for the licensure and regulation of varioushealing arts professions and vocations by boards within the Departmentof Consumer Affairs Existing law requires the rules and regulations ofthese healing arts boards to provide for methods of evaluating educationtraining and experience obtained in military service if such training isapplicable to the requirements of the particular profession or vocationregulated by the board Under existing law the Department of VeteransAffairs has specified powers and duties relating to various programsserving veterans

This bill would require by January 12014 and annually thereafterevery healing arts board to issue a specified written report to theDepartment of Veterans Affairs and the Legislature as specified thatclearly details the methods of evaluating the education training andexperience obtained in military service and whether that educationtraining and experience is applicable to the boards requirements forlicensure The bill would declare the intent of the Legislature in thisregard

98

AB 1932 -2-

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 710 of the Business and Professions Code2 was enacted in 1969 and because healing arts boards have not3 demonstrated significant compliance with that section it is the4 intent of the Legislature to establish an annual reporting5 requirement to compel these boards to provide information about6 the methods of evaluating education training and experience7 obtained in military service in order to meet the needs of the8 upcoming wave of armed service members returning to civilian9 life

10 SEC 2 Section 7102 is added to the Business and Professions11 Code to read12 7102 (a) By January 12014 and annually thereafter every13 healing arts board described in this division shall issue a written14 report to the Department of Veterans Affairs and to the Legislature15 that clearly details the methods of evaluating the education16 training and experience obtained in military service and whether17 that education training and experience is applicable to the boards18 requirements for licensure This written report shall include but19 not be limited to quantitative information about the number of20 service members who have applied for and have used their military21 education training and experience to fulfill the boards22 requirements for licensure23 (b) (1) The requirement to submit a report to the Legislature24 under subdivision (a) shall be inoperative on January 1 201825 pursuant to Section 102315 of the Government Code26 (2) A report to the Legislature shall be submitted in compliance27 with Section 9795 of the Government Code

o

98

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      • AGENDA ITEM 4
      • DISCUSSION AND POSSIBLE ACTION REGARDING PENDING LEGISLATION
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                  • AB 171 Assembly Bill- Status
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Page 9: DISCUSSION ANDPOSSIBLE ACTION REGARDING PENDING … · 2012-06-14  · Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of2010 (PublicLaw 111-152)

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(C) Psychological care$1(D) Therapeutic care(F) Aft) eMe flt)rindi vidttals vvith tttttism sleetmm dis6rders

that is dem6nstrated based tlf6n best Ilaetiees 6r evidenee basedreseMeh t6 be medieaH) neeessary

(8) Treatmentfor pervasive developmental disorder or autismdoes not include behavioral health treatment as defined in Section137473

(j) This section with the exception of subdivision (b) shall notapply to dental-only or vision-only health care service plancontracts

SEC 2 Section 10144511014453 is added to the InsuranceCode to read

10144511014453 (a) Everyhealthinsurancepolicyissuedamended

or renewed on or after January 1 2012 2013 that provideshospital medical or surgical coverage shall provide coverage forthe screening diagnosis and treatment of atltism sleetmmdis6rders pervasive developmental disorder or autism

(b) A health insurer shall not terminate coverage or refuse todeliver execute issue amend adjust or renew coverage to aninsured solely because the individual is diagnosed with or hasreceived treatment for Mt Mttism sleetmm dis6rder pervasivedevelopmental disorder or autism

(c) Coverage required to be provided under this section shallextend to all medically necessary services and shall not be subjectto any limits regarding age number of visits or dollar amountsCoverage required to be provided under this section shall not besubject to provisions relating to lifetime maximums deductiblescopayments or coinsurance or other terms and conditions that areless favorable to an insured than lifetime maximums deductiblescopayments or coinsurance or other terms and conditions thatapply to physical illness generally under the policy

(d) Coverage required to be provided under this section is ahealth care service and a covered health care benefit for purposesof this part Coverage shall not be denied on the basis of thelocation of delivery of the treatment or on the basis that thetreatment is habilitative nonrestorative educational academic orcustodial in nature

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(e) A health insurer may request no more than once annuallya review of treatment provided to an insured for tttttism speetfllftidisorders pervasive developmental disorder or autism The costof obtaining the review shall be borne by the insurer Thissubdivision does not apply to inpatient services

(f) A health insurer shall establish and maintain an adequatenetwork of qualified tttttism service providers with appropriatetraining and experience in atttism speetmm disorders pervasivedevelopmental disorder or autism to ensure that insureds have achoice of providers and have timely access continuity of careand ready referral to all services required to be provided by thissection consistent with Sections 101335 and 1013355 and theregulations adopted pursuant thereto

(g) (1) This section shall not be construed as reducing anyobligation to provide services to an insured under an individualizedfamily service plan an individualized program plan a preventionprogram plan an individualized education program or anindividualized service plan

(2) This section shall not be construed as limiting or excludingbenefits that are otherwise available to an enrollee under a healthinsurance policy including but not limited to benefits that arerequired to be covered under Sections 101445 and 1014451

(3) This section shall not be construed to mean that the servicesrequired to be covered pursuant to this section are not requiredto be covered under other provisions of this chapter

f31(4) This section shall not be construed as affecting litigation

that is pending on January 12012(h) On ttnd after JMltlttry12014 to the extent that this seetion

reqtlires health benefits to be 110 vided that exeeed the essentittlhettlth benefits Ieqtlired to be provided tmder Seetion 1302(b) ofthe federal Patient Proteetion and Apoundfordable CMe Aet (PtlblieLal9 III 148) as amended b the federal Health CMe ttndEdtteation Reeoneiliation Aet of 2010 (Pttblie La bullbull III 152) byqualified hettlth plttns otIering those benefits in the CaliforniaHealth Benefit Exehttnge ptlfStltlntto Title 22 (eommeneing bullbullithSeetion 100500) of the GOvemment Code the speeifie benefitsthat exeeed the federally reqtlired essential health benefits Me notreqt1ired to be pro vided 17 hen otIered b a health instlIttneepolieytftrotlgh the Exehttnge However those speeifle benefits Me

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reqtlired to be pIovided if otIered b~ a health iftsttIfmee polieyotltside of the Exehflftge

(h) Notwithstanding subdivision (a) on and after January 12014 this section does not require any benefits to beprovided thatexceed the essential health benefits that all health plans will berequired byfederal regulations to provide under Section 1302(b)of thefederal Patient Protection and Affordable Care Act (PublicLaw 111-148) as amended by the federal Health Care andEducation Reconciliation Act of 2010 (Public Law 111-152)

(i) As used in this section the following terms shall have thefollowing meanings

(1) Atttism speetIttm disorder meflftS a ftettrobiologieaeoftditioft thM ifteltldes atttistie disorder AspergeIs disorder Rertsdisorder ehildhood disiffiegrMi ve disorder flftd per- asivede velopmemal disorder ftot otheIvise speeified

(2) Dehav iora health treatmem meflftS professioftal servieesand treatmem pf6grMlls ineluding beha vioral intergtentioft therapyapplied beha vioral flft~ sis flftd other imeftsi ve beha vioraprograms thM ha ve demonstrated effie~ to de velop maiffifliftor restore to the maximttm extem pIaetieable the fttftetioftiftg orquality of life of aft individttal and thM have beeft demoftstrMedto treat the eore s~mptoms assoeiMed fv ith atttism speetrumdisorder

(3) Dehavioral imer-efttioft thera~ meaftS the desigftimplememMioft flftd eJalttMioft of eftviromnemal modifieMioftsusiftg behavioral stimuli flftd eoftseqtleftees to produee soeiallysigftifieam improvement ift behflviOfs ifteludiftg the use of direetobser- Mioft meastlI emem flftd fuftetional flftaryses of therelMioftship betveen en viromneftt flftd beha viorf41(1) Diagnosis of atltism speetrtlm disoIders pervasive

developmental disorder or autism means medically necessaryassessment evaluations or tests to diagnose whether an individualhas ofte of the atltism speetrtim disorders pervasive developmentaldisorder or autism

(5) Evidenee based researeh meaftS research that appliesrigorotls s~stemMie and obj eetive proeedttres to obtaift validkftowledge re1eam to atttism speetrtlm disorders

(2) Pervasive developmental disorder or autism shall havethe same meaning and interpretation as used in Section 137472

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AB 171 -10-

t61(3) Pharmacy care means medications prescribed by a licensed

physician and surgeon or other appropriately licensed or certifiedprovider and any health-related services deemed medicallynecessary to determine the need or effectiveness of the medications

ffl(4) Psychiatric care means direct or consultative psychiatric

services provided by a psychiatrist or ftny other ftlpropritttelylieensed or eertified pro vider licensed in the state in which he orshe practices

t81(5) Psychological care means direct or consultative

psychological services provided by a psychologist or fm)i otherflPproprifttely lieensed or eertified provider licensed in the state inwhich he or she practices

(9) Quftlified fttltism serviee provider shftll inelude ftftyntttionftlry or stttte lieensed or eertified person entity or gIOtlp thtttdesigns sttpeIv ises or pro vides trefttment of fttttism speetI mndisorders ftndthe tlftlieensed pel sonnel Stlpen ised b the lieensedor eertified person entity or grotlp pro vided the sen iees Mefv ithin the experienee ftnd seope of prftetiee of the lieensed oreertified person entity or grotlp Qtlftlified fttltism senieepm vider shftllmso include ftft serviee pro vider thttt is vendorizedb ftregionM eenter to pro vide those sftme sen iees fur fttltismspeetrttm disorders tlftder DiVisioft 45 (eommeneiftg with Seetion4588) of the WeIfMe ftftd Instittttions Code or Title 14(eommefteiftg vvith Seetion 95888) of the GOvernment Code ftftdthe tlftlieensed personnel stlpen ised b thftt pro vider 01 ftStttteDepMtment of Edtlefttion nonpttblie ftonseetftriftft ftgene ftSdefifted in Seetioft 56835 of the Edtletttion Code flPProved 16pro vide those SMIlesen iees fuI fttltism speetrttm disorders and thetlftlieensed personnel supen ised b thttt ftgene A qttft1ifiedfttltismsen ice pro vider shftll ensttre eriminm bftekgrotlftd sereening ftftdfingerprintiftg ftftd ftdequttte trftining ftftd Stlpen isioft of allpersonnel tttilized to implement sen iees An ntttionftllieense oreertifietttion reeogftized b this seetion shftllbe fteeredited by theNtttioftm Commission fur Certifyiftg Agencies (NCCA)

fWt(6) Therapeutic care means services provided by a licensed

or certified speech therftlists therapist an occupational therftpists

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-11- AB 171

therapist or a physical therapists ~r an) ~ther appropriatelylieensed ~r eertihed pr~ bullbullider therapist

tH1(7) Treatment for atrtism speetmm dis~rders pervasive

developmental disorder or autism means all of the followingcare including necessary equipment that develops maintains orrestores to the maximum extent practicable the functioning orquality of life of an individual with pervasive developmentaldisorder or autism and is prescribed or ordered for an individualdiagnosed with ~ne ~f the atttism speetmm dis~Iders pervasivedevelopmental disorder or autism by a licensed physician andsurgeon or a licensed psychologist ~r an) ~ther appIopIiMelyHeensed ~r eertihed pr~vider who determines the care to bemedically necessary

(A) Behlh i~r8lhealth treatmenttB1(A) Pharmacy care if the policy includes coverage for

prescription drugsfeuro7(B) Psychiatric caretB1(C) Psychological care(E1(D) Therapeutic care(F) Any eare fur indi viduals Vol ith autism speetrum dis~rders

thM is dem~nstrMed based up~n best praetiees ~r evidenee basedreseareh t~ be mediealry neeessary

(8) Treatmentfor pervasive developmental disorder or autismdoes not include behavioral health treatment as defined in Section1014451

U) This section with the exception of subdivision (b) shall notapply to dental-only or vision-only health insurance policies

SEC 3 No reimbursement is required by this act pursuant toSection 6 of Article XIII B of the California Constitution becausethe only costs that may be incurred by a local agency or schooldistrict will be incurred because this act creates a new crime orinfraction eliminates a crime or infraction or changes the penaltyfor a crime or infraction within the meaning of Section 17556 ofthe Government Code or changes the definition of a crime within

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AB 374 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASUREAUTHOR (S)TOPICHOUSE+LAST

AB NoHayashi

AthleticLOCATIONAMENDED DATE

374

SENOS272011

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

the request ofCOMM LOCATION

06162011In committee

authorSEN BUSINESS

Set first hearing Hearing canceled at

PROFESSIONS AND ECONOMIC DEVELOPMENT

TITLE An act to add Chapter 27 (commencing with Section18898) to Division 8 of the Business and ProfessionsCode relating to athletic trainers

httpwwwleginfocagovpub11-12billasmab_0351-0400ab_374_bill_20 652012

AB 386 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 386AUTHOR(S) GalgianiTOPIC Prisons telehealth systems+LAST AMENDED DATE 05112011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to add Section 50233 to the Penal Code relatingto prisoners

httpwww1eginfocagovpubI11-12lbillasmab_ 0351-0400ab _386_ bill_20120201_status 652012

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AB 439 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPICHOUSE+LAST

AB No 439Skinner

Health care informationLOCATION SENAMENDED DATE 06282011

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 07052011LAST HIST ACTION In committee Set first hearing Held without

recommendationCOMM LOCATION SEN JUDICIARY

TITLE An act to amend Section 5636 of the Civil Coderelating to health care information

httpwwwleginfocagovpub11-12billasmab_0401-0450ab _439 _bill_20120509 _status 652012

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AMENDED IN SENATE JUNE 28 2011

AMENDED IN ASSEMBLY MAY 182011

AMENDED IN ASSEMBLY APRIL 7 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 439

Introduced by Assembly Member Skinner

February 142011

An act to amend Section 5636 of the Civil Code relating to healthcare information

LEGISLATIVE COUNSELS DIGEST

AB 439 as amended Skinner Health care informationExisting law the Confidentiality of Medical Information Act (CMIA)

prohibits a health care provider a contractor or a health care serviceplan from disclosing medical information as defined regarding a patientof the provider or an enrollee or subscriber of the health care serviceplan without first obtaining an authorization except as specified Inaddition to other remedies available existing law authorizes anindividual to bring an action against any person or entity who hasnegligently released his or her confidential records in violation ofthoseprovisions for nominal damages of$lOOO

This bill would specify that in an action brought on or after January1 2012 a court may not award nominal damages if the defendantestablishes specified factors as an affirmative defense including butnot limited to that it is a covered entity as defined and has compliedwith any obligations to notify persons entitled to receive notice regardingthe release of the information The bill would also make a technicalnonsubstantive change

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AB439 -2-

Vote majority Appropriation no Fiscal committee noState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 5636 of the Civil Code is amended to2 read3 5636 (a) Any violation of the provisions of this part that4 results in economic loss or personal injury to a patient is punishable5 as a misdemeanor6 (b) In addition to any other remedies available at law any7 individual may bring an action against any person or entity who8 has negligently released confidential information or records9 concerning him or her in violation of this part for either or both

10 of the following11 (1) Except as provided in subdivision (e) nominal damages of12 one thousand dollars ($1000) In order to recover under this13 paragraph it shall not be necessary that the plaintiff suffered or14 was threatened with actual damages15 (2) The amount of actual damages if any sustained by the16 patient17 (c) (l) In addition any person or entity that negligently18 discloses medical information in violation of the provisions of this19 part shall also be liable irrespective of the amount of damages20 suffered by the patient as a result of that violation for an21 administrative fine or civil penalty not to exceed two thousand22 five hundred dollars ($2500) per violation23 (2) (A) Any person or entity other than a licensed health care24 professional who knowingly and willfully obtains discloses or25 uses medical information in violation of this part shall be liable26 for an administrative fine or civil penalty not to exceed twenty-five27 thousand dollars ($25000) per violation28 (B) Any licensed health care professional who knowingly and29 willfully obtains discloses or uses medical information in violation30 of this part shall be liable on a first violation for an administrative31 fine or civil penalty not to exceed two thousand five hundred32 dollars ($2500) per violation or on a second violation for an33 administrative fine or civil penalty not to exceed ten thousand34 dollars ($10000) per violation or on a third and subsequent35 violation for an administrative fine or civil penalty not to exceed

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-3- AB439

twenty-five thousand dollars ($25000) per violation Nothing inthis subdivision shall be construed to limit the liability of a healthcare service plan a contractor or a provider of health care that isnot a licensed health care professional for any violation of thispart

(3) (A) Any person or entity other than a licensed health careprofessional who knowingly or willfully obtains or uses medicalinformation in violation of this part for the purpose of financialgain shall be liable for an administrative fine or civil penalty notto exceed two hundred fifty thousand dollars ($250000) perviolation and shall also be subject to disgorgement of any proceedsor other consideration obtained as a result of the violation

(B) Any licensed health care professional who knowingly andwillfully obtains discloses or uses medical information in violationofthis part for financial gain shall be liable on a first violation foran administrative fine or civil penalty not to exceed five thousanddollars ($5000) per violation or on a second violation for anadministrative fine or civil penalty not to exceed twenty-fivethousand dollars ($25000) per violation or on a third andsubsequent violation for an administrative fine or civil penalty notto exceed two hundred fifty thousand dollars ($250000) perviolation and shall also be subject to disgorgement of any proceedsor other consideration obtained as a result ofthe violation Nothingin this subdivision shall be construed to limit the liability of ahealth care service plan a contractor or a provider of health carethat is not a licensed health care professional for any violation ofthis part

(4) Nothing in this subdivision shall be construed as authorizingan administrative fine or civil penalty under both paragraphs (2)and (3) for the same violation

(5) Any person or entity who is not permitted to receive medicalinformation pursuant to this part and who knowingly and willfullyobtains discloses or uses medical information without writtenauthorization from the patient shall be liable for a civil penalty notto exceed two hundred fifty thousand dollars ($250000) perviolation

(d) In assessing the amount of an administrative fine or civilpenalty pursuant to subdivision (c) the Office of HealthInformation Integrity licensing agency or certifying board orcourt shall consider anyone or more of the relevant circumstances

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presented by any of the parties to the case including but not limitedto the following

(1) Whether the defendant has made a reasonable good faithattempt to comply with this part

(2) The nature and seriousness of the misconduct(3) The harm to the patient enrollee or subscriber(4) The number of violations(5) The persistence of the misconduct(6) The length of time over which the misconduct occurred(7) The willfulness of the defendants misconduct(8) The defendants assets liabilities and net worth(e) (1) In an action brought by an individual pursuant to

subdivision (b) on or after January 12012 the court shall awardany actual damages and reasonable attorneys fees and costs butmay not award nominal damages for a violation of this part if thedefendant establishes all of the following as an affirmative defense

(A) The defendant is a covered entity as defined in Section160103 of Title 45 of the Code of Federal Regulations

(B) The defendant has complied with any obligations to notifyall persons entitled to receive notice regarding the release of theinformation or records

(C) The release of confidential information or records was solelyto another covered entity

(D) The defendant took appropriate preventive actions to protectthe confidential information or records against release retentionor use by any person or entity other than the covered entity thatreceived the information or records including but not limited to

(i) Developing and implementing security policies andprocedures

(ii) Designating a security official who is responsible fordeveloping and implementing its security policies and proceduresincluding educating and training the workforce

(iii) Encrypting the information or records and protectingagainst the release or use of the encryption key and passwords ortransmitting the information or records in a manner designed toprovide similar protections against improper disclosures

(E) The defendant took appropriate corrective action after therelease of the confidential records or information and the coveredentity that received the information or records immediatelydestroyed or returned the information or records

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(F) The covered entity that received the confidential informationor records did not retain use or release the information or records

(G) The defendant has not Ifeviettsl) vielateti this IMt ef inthe eettrls tiisefetieft tieslite the Ifief vielatieftbeenfound liablefor a violation of this part within the three years preceding thealleged violation or the court determines that application of theaffirmative defense is found to be compelling and consistent withthe purposes ofthis section to promote reasonable conduct in lightof all the facts

(2) In an action under this subdivision a plaintiff shall beentitled to recover reasonable attorneys fees and costs withoutregard to an award of actual or nominal damages

(3) A defendant shall not be liable for more than one judgmenton the merits for a violation of this subdivision

(f) (1) The civil penalty pursuant to subdivision (c) shall beassessed and recovered in a civil action brought in the name of thepeople of the State of California in any court of competentjurisdiction by any of the following

(A) The Attorney General(B) Any district attorney(C) Any county counsel authorized by agreement with the

district attorney in actions involving violation of a countyordinance

(D) Any city attorney of a city(E) Any city attorney of a city and county having a population

in excess of 750000 with the consent of the district attorney(F) A city prosecutor in any city having a full-time city

prosecutor or with the consent of the district attorney by a cityattorney in any city and county

(G) The Director of the Office of Health Information Integritymay recommend that any person described in subparagraphs (A)to (F) inclusive bring a civil action under this section

(2) If the action is brought by the Attorney General one-halfofthe penalty collected shall be paid to the treasurer of the countyin which the judgment was entered and one-half to the GeneralFund If the action is brought by a district attorney or countycounsel the penalty collected shall be paid to the treasurer of thecounty in which the judgment was entered Except as provided inparagraph (3) if the action is brought by a city attorney or cityprosecutor one-half of the penalty collected shall be paid to the

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AB439 -6-

1 treasurer of the city in which the judgment was entered and one-half2 to the treasurer of the county in which the judgment was entered3 (3) If the action is brought by a city attorney of a city and4 county the entire amount of the penalty collected shall be paid to5 the treasurer of the city and county in which the judgment was6 entered7 (4) Nothing in this section shall be construed as authorizing8 both an administrative fine and civil penalty for the same violation9 (5) Imposition of a fine or penalty provided for in this section

10 shall not preclude imposition of any other sanctions or remedies11 authorized by law12 (6) Administrative fines or penalties issued pursuant to Section13 128015 of the Health and Safety Code shall offset any other14 administrative fine or civil penalty imposed under this section for15 the same violation16 (g) For purposes of this section knowing and willful shall17 have the same meanings as in Section 7 of the Penal Code18 (h) No person who discloses protected medical information in19 accordance with the provisions of this part shall be subject to the20 penalty provisions of this part

o

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AB 518 Assembly Bill Status Page I of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPICHOUSE+LAST

AB No 518Wagner

Elder and dependentLOCATION SENAMENDED DATE

adult abuse mandated reporters

03232011

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATION

06062011In committee Hearing postponed by committee

SEN BANKING AND FINANCIAL INSTITUTIONS

TITLE An act to repeal Section 7480 of the Government Codeand to amend Section 156301 of and to amend and repealSections 15633 15634 15640 and 156555 of theWelfare and Institutions Code relating to elder anddependent adult abuse

httpwwwleginfocagovpubll-12Ibillasmab_ 0501-0550ab_518_bill_2011 0615_status 652012

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AMENDED IN ASSEMBLY MARCH 23 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 518

Introduced by Assembly Member Wagner

February 152011

Aft aet to amend Seetion 156301 of the Welfare and InstittttionsCode relating to elder abtlse An act to repeal Section 7480 of theGovernment Code and to amend Section 156301 of and to amend andrepeal Sections 15633 15634 15640 and 156555 of the Welfare andInstitutions Code relating to elder and dependent adult abuse

LEGISLATIVE COUNSELS DIGEST

AB 518 as amended Wagner Elder and dependent adult abusemandated reporters

Existing law the Elder Abuse and Dependent Adult Civil ProtectionAct establishes procedures for the reporting investigation andprosecution of elder and dependent adult abuse including but notlimited to financial abuse as defined These procedures require personsdefined as mandated reporters to report known or suspected instancesof elder or dependent adult abuse A violation of the reportingrequirements by a mandated reporter is a misdemeanor Existing lawwhich will be repealed on January 12013 defines who is a mandatedreporter of suspected financial abuse of an elder or dependent adult Aviolation ofthe financial abuse reporting requirements is subject to civilpenalties

This bill would delete the January 1 2013 repeal date and makeconforming changes

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

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10

15

20

25

30

35

AB518 -2-

The people of the State of California do enact asfollows

1 SECTION 1 Section 7480 of the Government Code as2 amended by Section 2 of Chapter 234 of the Statutes of 2008 is3 repealed4 7480 Nothing in this ehapter prohibits an) of the following

(a) The dissemination of an) finaneial information that is not6 identified with or identifiable as being deri ved from the fiftMleial7 reeords of a partietllar etlstomer8 (b) When any poliee or sheriffs department or distriet attorney9 in this state eertines to a bank eredit tlftion or savin-gsassoeiation

in 4vritingthat a erime report has been filed that involves the11 alleged fratldttlent tlse of drafts eheeks or other orders drawfl12 tlJon MtY bank eredit tlftion or Sltv ings assoeiation in this state13 the poliee or sheriffs department or distriet attomey a eotlnty14 adttlt proteeti-ve sen iees oftiee 4vhen investigating the finaneial

abttse of an elder or dependent adttlt or a long term eare16 ombttdsman when investigating the finaneial abttse of an elder or17 dependent adttlt rna reqtlest a bank eredit tlftion or savings18 assoeiation to fttmish and a bank eredit tlftion or savings19 assoeiation shall fttmish a statement setting forth the folIowing

information with respeet to a etlstomer aeeotlnt speeified b) the21 reqttesting parry for a period 30 da s prior to and tlJ to 30 da) s22 following the date ofoeetnTenee of the alleged illegal aet invohin-g23 the aeeotlftt24 (1) The Itttftlber of items dishonored

(2) The nttmber of items paid that ereated Oierdrafts26 (3) The dollar volttme of the dishonored items and items paid27 whieh ereated overdrafts and a statement explaining an) eredit28 atTangementbetween the bank eredit tlftion or savin-gsassoeiation29 and etlstomer to pa) 0verdrafts

(4) The dates and amotlnts of deposits and debits and the aeeotlftt31 balanee on these dates32 (5) A eoJry of the signattlre eard inelttding the signattlre and33 an) addresses appearing on a etlstomers signattlre eard34 (6) The date the aeeottnt opened and ifapplieable the date the

aeeotlnt elosed36 (7) A bank eredit tlftion or saTvingsassoeiation that proiides37 the reqtlesting part) vvith eopies of one or more eomplete aeeottnt

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-11- AB518

the taxpa er (2) the (iireet deposit refund bullbullas not rettlmed to theFranehise Tax Board and (3) the remnd TnaSdeposited direetlyon a speeifled date into the aeeotlftt of an aeeotmtholder of theflnaneial instittttion bullbullho bullbullas not entitled to reeei v e the refttndthen the flnaneial instittttion shall fttntish to the Franehise TaxBoard the name and address ofan eoo w ner eosigtter or an otherperson bullbullho had aeeess to the mnds in the aeeotlttt follo bullbulling thedate ofdiIeet deposit refund or if the aeeotmt has been dosed thename and address of the person bullbullho dosed the aeeOtlftt

(s) This seetion shall beeome operati v e on Jaftttary 1 2013SECTION 1SEC 2 Section 156301 of the Welfare and Institutions Code

is amended to read156301 (a) As used in this section mandated reporter of

suspected financial abuse of an elder or dependent adult meansall officers and employees of financial institutions

(b) As used in this section the term financial institution meansany of the following

(l) A depository institution as defined in Section 3(c) of theFederal Deposit Insurance Act (12 USC Sec 1813(c))

(2) An institution-affiliated party as defined in Section 3(u) ofthe Federal Deposit Insurance Act (12 USC Sec 1813(u))

(3) A federal credit union or state credit union as defined inSection 101 ofthe Federal Credit Union Act (12 USC Sec 1752)including but not limited to an institution-affiliated party of acredit union as defined in Section 206(r) of the Federal CreditUnion Act (12 USc Sec 1786(r))

(c) As used in this section financial abuse has the samemeaning as in Section 1561030

(d) (l) Any mandated reporter of suspected financial abuse ofan elder or dependent adult who has direct contact with the elderor dependent adult or who reviews or approves the elder ordependent adults financial documents records or transactionsin connection with providing financial services with respect to anelder or dependent adult and who within the scope of his or heremployment or professional practice has observed or hasknowledge of an incident that is directly related to the transactionor matter that is within that scope of employment or professionalpractice that reasonably appears to be financial abuse or whoreasonably suspects that abuse based solely on the information

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before him or her at the time of reviewing or approving thedocument record or transaction in the case of mandated reporterswho do not have direct contact with the elder or dependent adultshall report the known or suspected instance of financial abuse bytelephone immediately or as soon as practicably possible and bywritten report sent within two working days to the local adultprotective services agency or the local law enforcement agency

(2) When two or more mandated reporters jointly haveknowledge or reasonably suspect that financial abuse of an elderor a dependent adult for which the report is mandated has occurredand when there is an agreement among them the telephone reportmay be made by a member of the reporting team who is selectedby mutual agreement A single report may be made and signed bythe selected member of the reporting team Any member of theteam who has knowledge that the member designated to report hasfailed to do so shall thereafter make that report

(3) If the mandated reporter knows that the elder or dependentadult resides in a long-term care facility as defined in Section1561047 the report shall be made to the local ombudsman or locallaw enforcement agency

(e) An allegation by the elder or dependent adult or any otherperson that financial abuse has occurred is not sufficient to triggerthe reporting requirement under this section if both of the followingconditions are met

(1) The mandated reporter of suspected financial abuse of anelder or dependent adult is aware of no other corroborating orindependent evidence of the alleged financial abuse of an elder ordependent adult The mandated reporter of suspected financialabuse of an elder or dependent adult is not required to investigateany accusations

(2) In the exercise of his or her professional judgment themandated reporter of suspected financial abuse of an elder ordependent adult reasonably believes that financial abuse of anelder or dependent adult did not occur

(f) Failure to report financial abuse under this section shall besubject to a civil penalty not exceeding one thousand dollars($1000) or if the failure to report is willful a civil penalty notexceeding five thousand dollars ($5000) which shall be paid bythe financial institution that is the employer of the mandated

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reporter to the party bringing the action Subdivision (h) of Section15630 shall not apply to violations of this section

(g) (1) The civil penalty provided for in subdivision (f) shallbe recovered only in a civil action brought against the financialinstitution by the Attorney General district attorney or countycounsel No action shall be brought under this section by anyperson other than the Attorney General district attorney or countycounsel Multiple actions for the civil penalty may not be broughtfor the same violation

(2) Nothing in the Financial Elder Abuse Reporting Act of2005shall be construed to limit expand or otherwise modify any civilliability or remedy that may exist under this or any other law

(h) As used in this section suspected financial abuse of anelder or dependent adult occurs when a person who is requiredto report under subdivision (a) observes or has knowledge ofbehavior or unusual circumstances or transactions or a pattern ofbehavior or unusual circumstances or transactions that would leadan individual with like training or experience based on the samefacts to form a reasonable belief that an elder or dependent adultis the victim of financial abuse as defined in Section 1561030

(i) Reports of suspected financial abuse of an elder or dependentadult made by an employee or officer of a financial institutionpursuant to this section are covered under subdivision (b) of Section47 of the Civil Code

SEC 3 Section 15633 of the Welfare and Institutions Codeas amended by Section 5 of Chapter 140 of the Statutes of 2005is amended to read

15633 (a) The reports made pursuant to Sections 15630156301 and 15631 shall be confidential and may be disclosedonly as provided in subdivision (b) Any violation of theconfidentiality required by this chapter is a misdemeanorpunishable by not more than six months in the county jail by afine of five hundred dollars ($500) or by both that fine andimprisonment

(b) Reports of suspected abuse of an elder or dependent adultand information contained therein may be disclosed only to thefollowing

(1) Persons or agencies to whom disclosure of information orthe identity of the reporting party is permitted under Section156335

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(2) (A) Persons who are trained and qualified to serve onmultidisciplinary personnel teams may disclose to one anotherinformation and records that are relevant to the preventionidentification or treatment of abuse of elderly or dependentpersons

(B) Except as provided in subparagraph (A) any personnel ofthe multidisciplinary team or agency that receives informationpursuant to this chapter shall be under the same obligations andsubject to the same confidentiality penalties as the persondisclosing or providing that information The information obtainedshall be maintained in a manner that ensures the maximumprotection of privacy and confidentiality rights

(c) This section shall not be construed to allow disclosure ofany reports or records relevant to the reports of abuse of an elderor dependent adult if the disclosure would be prohibited by anyother provisions of state or federal law applicable to the reports orrecords relevant to the reports of the abuse nor shall it be construedto prohibit the disclosure by a financial institution of any reportsor records relevant to the reports of abuse of an elder or dependentadult if the disclosure would be required of a financial institutionby otherwise applicable state or federal law or court order

(d) This seetion shall remain in dIcet on) tmtilJantmry I 2813and as of that date is repealed unless a later enaeted statute thatis enaeted before JMlt1ary12813 deletes or extends that date

SEC 4 Section 15633 of the Welfare and Institutions Codeas added by Section 6 of Chapter 140 of the Statutes of 2005 isrepealed

15633 (a) The leports made ptlrstlMlt to Seetions 15638 and15631 shall be eonndential and may be diselosed on) as pro videdin stlbdivision (b) AIl) violation of the eonfidetttialrt reqtliredbythis ehapter is a misdemeanor ptlnishable bynot more than sixmoftths in the eounry jail b)l a nne ofn Vehundred dollars ($588)or byboth that nne and imprisonment

(b) Reports of stlspeeted elder 01 dependent adttlt abttse andinfenmation eontained therein may be diselosed only to thefollo vving

(1) Persons or ageneies to vvhomdiselostlfe of information orthe identity of the reporting pMty is permitted tlnder Seetion156335

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(2) EA) Persems who Me trftined Md qtlftlified to sene onmtlltidiseiplinftfjf persoflftel teftll1smfty diselose to one Mlotherinfermtttion Md reeords thftt Me relevflnt to the preventionidentifiefttion or trefttment of ftbttse of elderly or dependentpersons

EB) Exeept ftSpro vided in SMpMftgrftph EA) Mly personnel ofthe ftltlltidiseiplinftry teftftl or ftgeney thftt reeeives informfttionptlrstlftnt to this ehflPtel shftH he tinder the sftme ohligfttions ftndsttbjeet to the sftme eonfidentiftlity penftlties ftS the pelsondisdosing or pro viding thftt infermfttion The informfttion ohtftinedshftH he mftintftined in ft ftlftflfter thftt enstlfes the ftlftXimttmproteetion ofprivftey ftnd eonfidentiftlity rights

Ee) This seetion shftH not he eonstftled to ftHo diselostlfe ofMy reports or reeords rde vMit to the reports of elder or dependentftdttlt ftbttse if the disdostlfe votlld he prohibited hy My other110visions of stftte or federftllft bullbull ftppliefthle to the reports or reeordsrele vftnt to the reports of the flbttse

Ed) This seetion shftH heeome operftti ve on Jftntlftry I 2013SEC 5 Section 15634 of the Welfare and Institutions Code

as amended by Section 7 of Chapter 140 of the Statutes of 2005is amended to read

15634 (a) No care custodian clergy member healthpractitioner mandated reporter of suspected financial abuse of anelder or dependent adult or employee of an adult protectiveservices agency or a local law enforcement agency who reports aknown or suspected instance of abuse of an elder or dependentadult shall be civilly or criminally liable for any report requiredor authorized by this article Any other person reporting a knownor suspected instance of abuse of an elder or dependent adult shallnot incur civil or criminal liability as a result of any reportauthorized by this article unless it can be proven that a false reportwas made and the person knew that the report was false No personrequired to make a report pursuant to this article or any persontaking photographs at his or her discretion shall incur any civil orcriminal liability for taking photographs of a suspected victim ofabuse of an elder or dependent adult or causing photographs to betaken of such a suspected victim or for disseminating thephotographs with the reports required by this article Howeverthis section shall not be construed to grant immunity from thisliability with respect to any other use of the photographs

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(b) No care custodian clergy member health practitionermandated reporter of suspected financial abuse of an elder ordependent adult or employee of an adult protective services agencyor a local law enforcement agency who pursuant to a request froman adult protective services agency or a local law enforcementagency investigating a report of known or suspected abuse of anelder or dependent adult provides the requesting agency withaccess to the victim of a known or suspected instance of abuse ofan elder or dependent adult shall incur civil or criminal liabilityas a result of providing that access

(c) The Legislature finds that even though it has providedimmunity from liability to persons required to report abuse of anelder or dependent adult immunity does not eliminate thepossibility that actions may be brought against those persons basedupon required reports of abuse In order to further limit the financialhardship that those persons may incur as a result of fulfilling theirlegal responsibilities it is necessary that they not be unfairlyburdened by legal fees incurred in defending those actionsTherefore a care custodian clergy member health practitioneror an employee of an adult protective services agency or a locallaw enforcement agency may present to the StMe B6Md 6pound C6ntr61California Victim Compensation and Government Claims Boarda claim for reasonable fttt6meys attorneys fees incurred in anyaction against that person on the basis of making a report requiredor authorized by this article if the court has dismissed the actionupon a demurrer or motion for summary judgment made by thatperson or if he or she prevails in the action The StMe B6ftrd 6fC6ntr61 California Victim Compensation and Government ClaimsBoard shall allow that claim if the requirements ofthis subdivisionare met and the claim shall be paid from an appropriation to bemade for that purpose Att6mey s Attorneys fees awarded pursuantto this section shall not exceed an hourly rate greater than the ratecharged by the Attorney General at the time the award is madeand shall not exceed an aggregate amount of fifty thousand dollars($50000) This subdivision shall not apply if a public entity hasprovided for the defense of the action pursuant to Section 995 ofthe Government Code

(d) This seeti6n shftll remftin in dfeet 6ttly tmtil J8fttlfll)1 2013ftnd ftS6pound thftt dMe is repeftled wIess ft IMer enfteted stMute thMis en8eted before Jftftt18ry12013 deletes 6r extends thM dMe

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SEC 6 Section 15634 of the Welfare and Institutions Codeas amended by Section 711 ojChapter 538 of the Statutes oj2006is repealed

15634 eft) No eMe etlstodimt ele~ member hea-lthpraetitioner or employee of an adttlt proteeti-ve serviees ageneyor a loeal larn enforeement ageney who reports a lrnown orsttspeeted instanee of elder or dependent adtllt abtlse shaHbe eiviHyor eriminalry liable for any report reqttired or attthorizedby thisartiele Any other peIson reporting a lrnOWfior stlspeeted instaneeof elder or dependeItt adttIt abtlse shall not inettr ei vil or eriminalliability as a restllt of any report attthorizedby this artiele ttnlessit ean be pro ven that a false report was made and the person knewthat the report vvasrelse gteJoperson reqtlired to make a reportptlrstlant to this artiele or any person taking photographs at his orher diseretion shall inettr any eivii or eriminalliability fer takingphotographs of a stlspeeted vietim of elder or dependent adtlltabtlse or eattsing photographs to be taken of the stlspeeted vietimor fOIdisseminating the photographs with the reports reqtlired bythis artiele However this seetion shall not be eonstmed to gIantimmttnity from this liability vvithrespeet to any other tlse of thephotographs

(b) No eMe etlstodian el~ member health praetitioner oremployee of an adtlIt proteetive seniees ageney or a loea-l lawenfereemeItt ageney who pttrsttant to a reqtlest from an adttltproteeti-ie seniees ageney or a loeal lavI enforeemeItt ageneyinvestigating a report of lrnOViftor stlspeeted elder or dependentadtllt abtlse proides the reqtlesting ageney with aeeess to thevietim of a lrnovvnor stlspeeted instanee of elder or dependeIttadttlt abtlse shall inettr eiviI or eriminal liability as a restlIt ofpro viding that aeeess

ee) The Legislatttre finds that even thOtlgh it has pIOvidedimmtlnity from liability to peIsons reqtlired to report elder ordependent mit abttse immtlIlity does not eliminate the possibilitythat aetions may be brotlght agamst those persons based tlJ0nreqtlired reports of abtlse In order to fttrther limit the finaneialhardship that those persons may inettr as a resttIt offttlfilling theirlegal responsibilities it is neeessary that they not be tlftreirlybttrdened by legal fees inetlffed in defending those aetionsTherefore a eMeetlstodian ele~ member health praetitioneror employee ofan adttlt proteetive seniees ageney or a loeallffi7t

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enfOieement agene)l ma) present to the CalifeJmia VietimCempensatien and Geemment Claims BeMd a elaim feJrreasenable atteme)s fees inetJifedin any aetien agffinstthat persenen the basis efmMcinga repert reqtlired er attth6rizedb)l this Mtieleif the eeM has dismissed the aetien t1pen a demtlffer el metienfur sttmillM)lj tldgment made b that persen el ifhe er she preailsin the aetien The Califumia Vietim Cempensatien andGeemment Claims Beard shall allew that ehtim if thereqtlirements ef this sttbdi isien Me met and the elaim shall bepaid fl6man fllprepriatien te be made fur that ptllpese Atteme) sfees aarded ptliStlMltto this seetien shall net exeeedan hetlilyrate greater than the late eharged b the Attemey General at thetime the aard is made and sh8llnet exeeedan aggregate amettllteffitty thetlsanBdellMs ($50000) This sttbdF isien shall net applyif a pttblie enti) has pmbullided fer the defense ef the aetien ptlistlantte Seetien 995 ef the Ge emment Cede

(6) This seetien shall beeeme eperatie en JMttlM)12013SEC 7 Section 15640 of the Welfare and Institutions Code

as amended by Section 9 of Chapter 140 of the Statutes of2005is amended to read

15640 (a) (1) An adult protective services agency shallimmediately or as soon as practically possible report by telephoneto the law enforcement agency having jurisdiction over the caseany known or suspected instance of criminal activity and to anypublic agency given responsibility for investigation in thatjurisdiction of cases of elder and dependent adult abuse everyknown or suspected instance of abuse pursuant to Section 15630or 156301 of an elder or dependent adult A county adult protectiveservices agency shall also send a written report thereof within twoworking days of receiving the information concerning the incidentto each agency to which it is required to make a telephone reportunder this subdivision Prior to making any cross-report ofallegations of financial abuse to law enforcement agencies anadult protective services agency shall first determine whether thereis reasonable suspicion of any criminal activity

(2) If an adult protective services agency receives a report ofabuse alleged to have occurred in a long-term care facility thatadult protective services agency shall immediately inform theperson making the report that he or she is required to make thereport to the long-term care ombudsman program or to a local law

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enforcement agency The adult protective services agency shallnot accept the report by telephone but shall forward any writtenreport received to the long-term care ombudsman

(b) If an adult protective services agency or local lawenforcement agency or ombudsman program receiving a report ofknown or suspected elder or dependent adult abuse determinespursuant to its investigation that the abuse is being committed bya health practitioner licensed under Division 2 (commencing withSection 500) of the Business and Professions Code or any relatedinitiative act or by a person purporting to be a licensee the adultprotective services agency or local law enforcement agency orombudsman program shall immediately or as soon as practicallypossible report this information to the appropriate licensingagency The licensing agency shall investigate the report in lightof the potential for physical harm The transmittal of informationto the appropriate licensing agency shall not relieve the adultprotective services agency or local law enforcement agency orombudsman program of the responsibility to continue its owninvestigation as required under applicable provisions of law Theinformation reported pursuant to this paragraph shall remainconfidential and shall not be disclosed

(c) A local law enforcement agency shall immediately or assoon as practically possible report by telephone to the long-termcare ombudsman program when the abuse is alleged to haveoccurred in a long-term care facility or to the county adultprotective services agency when it is alleged to have occurredanywhere else and to the agency given responsibility for theinvestigation of cases of elder and dependent adult abuse everyknown or suspected instance of abuse of an elder or dependentadult A local law enforcement agency shall also send a writtenreport thereof within two working days of receiving the informationconcerning the incident to any agency to which it is required tomake a telephone report under this subdivision

(d) A long-term care ombudsman coordinator may report theinstance of abuse to the county adult protective services agencyor to the local law enforcement agency for assistance in theinvestigation of the abuse if the victim gives his or her consent Along-term care ombudsman program and the Licensing andCertification Division ofthe State Department ofIIealth SeI ieesPublic Health shall immediately report by telephone and in writing

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1 within two working days to the bureau any instance of neglect2 occurring in a health care facility that has seriously harmed any3 patient or reasonably appears to present a serious threat to the4 health or physical well-being of a patient in that facility If a victim5 or potential victim of the neglect withholds consent to being6 identified in that report the report shall contain circumstantial7 information about the neglect but shall not identify that victim or8 potential victim and the bureau and the reporting agency shall9 maintain the confidentiality of the report until the report becomes

lOa matter of public record11 (e) When a county adult protective services agency a long-term12 care ombudsman program or a local law enforcement agency13 receives a report of abuse neglect or abandonment of an elder or14 dependent adult alleged to have occurred in a long-term care15 facility that county adult protective services agency long-term16 care ombudsman coordinator or local law enforcement agency17 shall report the incident to the licensing agency by telephone as18 soon as possible19 (f) County adult protective services agencies long-term care20 ombudsman programs and local law enforcement agencies shall21 report the results of their investigations of referrals or reports of22 abuse to the respective referring or reporting agencies23 Eg) This seeti6n shall remain in dIcet 6ny tlfttilJ~ 1201324 and as 6f that date is repealed unless a later enaeted stMttte that25 is enaeted bef6re Janttary 12013 deletes 6r extends that date26 SEC 8 Section 15640 of the Welfare and Institutions Code27 as added by Section 10 of Chapter 140 of the Statutes of 2005 is28 repealed 29 15640 Ea) E1) An adult pr6teeti e sen iees ageney shall30 immediate) 6r as S66nas praetieal) p6ssible rep6rt 0 te1eph6ne31 t6 the la~ enf6reement ageney haing jttrisdieti6n 6er the ease32 an kntMfl6r suspeeted instanee 6f eriminal aeth it) and t6 any33 pttblie agene gien resp6nsibilit) f6r illestigMi6n in that34 jurisdieti6n 6f eases 6f elder and dependent adttlt abuse eery35 kfl6n6r suspeeted instanee 6f aetlse purstlant t6 Seeti6n 1563036 6f an elder 6r dependent adttlt A e6t11ltyadttlt pr6teeti e sen iees37 ageney shall als6 send a TV ritten rep6rt there6f Vv ithin ti 6 V 6rking38 days 6f reeeiving the inwrmati6n e6neeming the ineident t6 eaeh39 ageney t6 vv hieh it is reqtlired t6 make a teleph6ne Iep6rt tlftder40 this subdiisi6n Pri6r t6 making an er6SSIep6rt 6f allegati6ns

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offilumeial abttse to lavvenforeemertt a-geneiesMladult proteetFesen iees agene) shaH first determine whether there is reasonablesuspieion of tmJ eriminM aeti vit

(2) If an adult proteeti ve sen iees agene) reeei ves a report ofabttse alleged to ha ve oeettlTed in a long teml eare faeilit) thatadttlt proteeti ve sen iees ageney shall immediate) infoml theperson making the report that he or she is required to make thereport to the long term eare ombttdsman program 01 to aloeallawenforeemertt a-geneyThe adttlt proteeti ve sen iees agene) shallnot aeeept the report b) telephone btlt shall fonvMd flit) vvTittenreport leeehed to the long teml eare ornbtldsman

(b) If an adtllt proteetive seniees ageney or loeal lawenforeement agene) or ornbtldsman program reeei vinga report ofkftovm or stlspeeted elder or dependent adttlt MtlSe determinespttrstlartt to its inYestigationthat the flbttseis being eommitted bya health 11aetitioner lieensed tlftder Division 2 (eonJffieneingwithSeetion 500) of the Btlsiness flftdProfessions Code or flit) lelatedinitiatiye aet or by a person ptlrporting to be a lieensee the adtlltproteetive seniees a-gene) or loeallaw enforeement agene) orombttdsman program shall immediate) or as soon as praetieall)possible report this mformation to the appropriate lieensingagene) The lieensing agene) shall investigate the report in lightof the poterttial fur ph) sieal hamlThe trMlsmittfllof informationto the appropriate lieensing agene) shall not relieve the adtlltproteethe serviees agene) or loeallaw enforeement agene) orornbtldsmflft program of the responsibility to eorttinue its 0~vninvestigation as reqttired tlftder applieable provisions of law Theinformation reported pttrstlant to this paragraph shall remaineoniiderttial flItdshfl11not be diselosed

(e) A loealla bullbull enforeement agefte) shall immediate) or assoon as praetieal) possible report b) telephone to the long termeare ombtldsman program bullbullhen the abtlse is alleged to haveoeetllTed in a long term eare faeilit) or to the eotlnt) adttltproteetive seniees agene) bullbullhen it is alleged to have oeeUlfedan) vvhere else flftd to the agene) gh en responsibilit) for theinvestigation of eases of elder and dependent adttlt abtlse everykftovm or stlspeeted instflftee of MtlSe of an elder or dependerttadttlt A loeallaw enforeement ageney shall also send a Ylfittenreport thereof bullbullithin ftv0 vvorking dfl)s ofreeei ving the infomlation

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eoneeming the ineident to an agenC) to vvhieh it is reqtlired toftutke a telephone report tlIlderthis stlbdh ision

Ed) A long tenn eare ombttdsman eoordinator mll) report theinstlllleeof abtlse to the eot1llryadttlt proteetive seniees ageneyor to the loeal la bullbull enforeement agenC) for assistlllleein theinvestigationof the abttse if the vietim gives his or her eonsent Along tenn eMe ombtldsmllllprogram llIldthe Lieensing llIldCertifieation Division of the State DepMtment ofIIealth Senieesshall immediately report b telephone llIldin vvriting vvithin hiv0tv orkingdll) s to the bm eatl an instlllleeof negleet oeet1ffingin ahealth eare faeiliry that has seriotlsl hMmed an patient orreasonably appeMs to present a seriotls threat to the health orph sieal vvell being of a patient in that ffteiliry If a J ietim orpotential TV ietim of the neglect vithholds eonsent to being identifiedin that report the report shall eontain eirettmstlllltialinformationabom the negleet bm shall not identif) that vietim or potentialvietim and the bttreatl llIldthe reporting agenC) shall maintain theeoniidentialiry of the report tlntil the report beeomes a matter ofptlblie reeord

Ee) hen a eotlllryadttlt proteeti ve sen iees agenC) a long termeare ombtldsman program or a loeal la enforeement ageneyreeeives a report ofabttse negleet or ablllldonmentofllllelder ordependent adttlt alleged to have oeet1ffedin a long term earefaeiliry that eotlnty adtllt proteeti ve sen iees agenC) long termeare ombtldsmlllleoordinator or loeallavv enforeement ageneyshall report the ineident to the lieensing agene b telephone assoon as possible

ED COtl1lt)adtllt proteetive seniees ageneies long term eareombttdsman programs and 10ea1lavvenforeement ageneies shallreport the restllts of their investigations of referrals or reports ofabtlse to the respeetive referring or reporting ageneies

Eg) This seetion shall beeome operative on JllIlt1flry12013SEC 9 Section 156555 of the Welfare and Institutions Code

as amended by Section 11 of Chapter 140 of the Statutes of 2005is amended to read

156555 A county adult protective services agency shallprovide the organizations listed in paragraphs (v) (w) and (x) ofSection 1561017 and mandated reporters of suspected financialabuse of an elder or dependent adult pursuant to Section 156301with instructional materials regarding abuse and neglect of an elder

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1 or dependent adult and their obligation to report under this chapter2 At a minimum the instructional materials shall include the3 following4 (a) An explanation of abuse and neglect of an elder or dependent

adult as defined in this chapter6 (b) Information on how to recognize potential abuse and neglect7 of an elder or dependent adult8 (c) Information on how the county adult protective services9 agency investigates reports of known or suspected abuse and

neglect11 (d) Instructions on how to report known or suspected incidents12 of abuse and neglect including the appropriate telephone numbers13 to call and what types of information would assist the county adult14 protective services agency with its investigation of the report

(e) This seetion shall remain in eifcet only tlfttil Jflfttlttry 1 201316 and as of that date is repealed tmless a later enaeted stattlte that17 is enaeted before Jafttlttry 12013 deletes or extends that date18 SEC 10 Section 156555 of the Welfareand Institutions Code19 as amended by Section 712 of Chapter 538 of the Statutes of2006

is repealed21 156555 A eottftt) achtlt proteetive serviees agene) shall22 pmvide the organi2ations listed in paragraphs (v) (vv) and Ex) of23 Seetion 1561017 with instItletional materials regarding elder and24 dependent achtlt abtlse and negleet and their obligation to report

under this ehapter At a minimum the instruetional materials shall26 inelude the follovving27 (a) An explanation of elder and dependent achtlt abuse and28 negleet as defined in this ehapter29 (b) Information on how to reeogni2e potential elder and

dependent achtlt abuse and negleet31 (e) Information on ho vIthe eottftt) achtlt proteeti ve serv iees32 agene) investigates reports of knovm or suspeeted abuse and33 negleet34 (d) Instmetions on hovv to report ]movvn or suspeeted ineidents

of abuse and negleet ineltlding the appropriate telephone llt11llbers36 to eall and what rypes of information vvould assist the eount) adult37 proteetirv e sen iees agene) with its in (estigation of the report38 (e) This seetion shall beeome operati e on January I 20 13

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AB 608 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 608Pan

Health care coverage telemedicine

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to health care

httpwww1eginfocagovpubII-12Ibillasmab_0601-0650ab _608_ bill_ 20120201_status 652012

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AB 783 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 783AUTHOR(S) HayashiTOPIC Professional corporations licensed physical therapists

and occupational therapists+LAST AMENDED DATE 04072011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

COMMCOMMCOMM

HIST ACT DATEHIST ACTION

From committeeRule 62(a)

LOCATION SENACTION DATEACTION

06282011In committee Set second hearing Failed passagewithout further action pursuant to Joint

LASTLAST

BUSINESS PROFESSIONS AND ECONOMIC DEVELOPMENT06272011

Set second hearing Failed passage in Committee

TITLE An act to amend Section 2406 of the Business andProfessions Code and to amend Section 134015 of theCorporations Code relating to professional corporations

httpwwwleginfocagovpub11-12billasmab_0751-0800ab_783_bill_20111115_status 652012

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AMENDED IN ASSEMBLY APRIL 7 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 783

Introduced by Assembly Member Hayashi

February 172011

An act to amend Section 2406 of the Business and Professions Codeand to amend Section 134015 of the Corporations Code relating toprofcssiemal eorporations and deelaring the mgeney thereof to tttkeeffeet immediatelyprofessional corporations

LEGISLATIVE COUNSELS DIGEST

AB 783 as amended Hayashi Professional corporations licensedphysical therapists and occupational therapists

Existing law regulating professional corporations provides that certainhealing arts practitioners may be shareholders officers directors orprofessional employees of a medical corporation-er-a podiatric medicalcorporation or a chiropractic corporation subject to certain limitations

This bill would add licensed physical therapists and licensedoccupational therapists to the list of healing arts practitioners who maybe shareholders officers directors or professional employees of thosecorporations The bill would also make conforming changes to a relatedprovision

This bill vv otlld deelare that it is to take etteet immediately as anmgeney statttte

Vote -majority Appropriation no Fiscal committee noState-mandated local program no

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AB783 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 2406 of the Business and Professions2 Code is amended to read3 2406 A medical corporation or podiatry corporation is a4 corporation that is authorized to render professional services as

defined in Sections 13401 and 134015 ofthe Corporations Code6 so long as that corporation and its shareholders officers directors7 and employees rendering professional services who are physicians8 and surgeons psychologists registered nurses optometrists9 podiatrists chiropractors acupuncturists naturopathic doctors

physical therapists or in the case of a medical corporation only11 physician assistants marriage and family therapists or clinical12 social workers are in compliance with the Moscone-Knox13 Professional Corporation Act the provisions of this article and all14 other statutes and regulations now or hereafter enacted or adopted

pertaining to the corporation and the conduct of its affairs16 With respect to a medical corporation or podiatry corporation17 the governmental agency referred to in the Moscone-Knox18 Professional Corporation Act is the board19 SEC 2 Section 134015 of the Corporations Code is amended

to read21 134015 Notwithstanding subdivision (d) of Section 1340122 and any other provision of law the following licensed persons23 may be shareholders officers directors or professional employees24 of the professional corporations designated in this section so long

as the sum of all shares owned by those licensed persons does not26 exceed 49 percent ofthe total number of shares of the professional27 corporation so designated herein and so long as the number of28 those licensed persons owning shares in the professional29 corporation so designated herein does not exceed the number of

persons licensed by the governmental agency regulating the31 designated professional corporation32 (a) Medical corporation33 (1) Licensed doctors of podiatric medicine34 (2) Licensed psychologists

(3) Registered nurses36 (4) Licensed optometrists37 (5) Licensed marriage and family therapists38 (6) Licensed clinical social workers

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-3-

(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists(10) Naturopathic doctors(11) Licensed physical therapists(12)Licensed occupational therapists(b) Podiatric medical corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed optometrists(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(8) Licensed physical therapists(9) Licensed occupational therapists(c) Psychological corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Registered nurses(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed chiropractors(8) Licensed acupuncturists(9) Naturopathic doctors(d) Speech-language pathology corporation(1) Licensed audiologists(e) Audiology corporation(1) Licensed speech-language pathologists(t) Nursing corporation(l) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists

AB783

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AB783 -4-

(10) Naturopathic doctors(g) Marriage and family therapy corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed clinical social workers(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(h) Licensed clinical social worker corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed marriage and family therapists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(i) Physician assistants corporation(1) Licensed physicians and surgeons(2) Registered nurses(3) Licensed acupuncturists(4) Naturopathic doctorsG) Optometric corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(k) Chiropractic corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed acupuncturists(9) Naturopathic doctors

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-5- AB783

(10) Licensed physical therapists(11) Licensed occupational therapists(l) Acupuncture corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed physician assistants(9) Licensed chiropractors(10) Naturopathic doctors(m) Naturopathic doctor corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed physician assistants(5) Licensed chiropractors(6) Licensed acupuncturists(7) Licensed physical therapists(8) Licensed doctors of podiatric medicine(9) Licensed marriage family and child counselors(10) Licensed clinical social workers(11) Licensed optometrists(n) Dental corporation(1) Licensed physicians and surgeons(2) Dental assistants(3) Registered dental assistants(4) Registered dental assistants in extended functions(5) Registered dental hygienists(6) Registered dental hygienists in extended functions(7) Registered dental hygienists in alternative practiceSEC 3 This aet is Ml ttrgene statttte neeessary for the

immediatepresenation of the ptlblie peaee hettlihor saferyvvithinthe meMling of Miele IV of the Constittttion Mld shaHgo intoimmediate effeet The fftets eonstitttting the neeessiry Me

In order to 8t1thorizelieensed physieal therapists to beshareholders offieers mreetors or professional employees of

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AD7S3 -6-

1 memeal eorpofatiofts andpodiatrie medieal eorpofatiofts as soOft2 as possible it is fteeessary that this aet tftke dIeet immediately

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AB 800 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 800Huber

Boards and commissions time reporting

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to add Section 1156410 to the Government Coderelating to boards and commissions

httpwwwleginfocagovpubI11-12billasmlab_0751-0800ab _800_ bill_20120201_status 652012

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AB 958 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 958Bill Berryhill

Regulatory boards limitations periods

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to Art IV Sec 10(e) of theFrom committee Filed with the Chiefto Joint Rule 56BUSINESS PROFESSIONS AND CONSUMER PROTECTION

TITLE An act to add Section 1105 to and to repeal Sections16702 22305 296005 3137 375051 498205499032 5561 5661 76865 988420 and 98898 of theBusiness and Professions Code relating to regulatoryboards

httpwwwleginfocagovpub11-12lbillasmlab_0951-1 OOOab_958 _bill_ 20120202_ status 652012

AB 1003 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 1003Smyth

Professional and vocational licenses

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to professional and vocational licenses

httpwwwleginfocagovpubll-12Ibillasmlab_l00l-l 050ab_1003 _bill_2012020 I_statu 652012

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AB 1205 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1205AUTHOR(S) Bill BerryhillTOPIC Licensed behavior analysts+LAST AMENDED DATE 04042011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to amend Section 499018 of and to add Chapter52 (commencing with Section 252971) to Division 2 ofthe Business and Professions Code relating to healingarts

httpwwwleginfocagovpub11-12billasmab _120 1-1250ab_1205 _bill_20 120201_statu 652012

AB 1435 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1435AUTHOR(S) Dickinson (Coauthors Alejo Buchanan and Hill) TOPIC Child abuse reporting athletic personnelHOUSE LOCATION SEN+LAST AMENDED DATE OS252012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredState-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS for

LASTLAST

APPROPRIATIONSOS252012

Do pass as amendedAyes 17 Noes OOPASS

TITLE An act to amend Section 111657 of the Penal Coderelating to child abuse reporting

httpwww1eginfocagovpub11-12lbiIVasmab_140 1-1450ab _1435 _bill~0120601_statu 652012

AMENDED IN ASSEMBLY MAY 25 2012

AMENDED IN ASSEMBLY MARCH 21 2012

AMENDED IN ASSEMBLY MARCH 142012

AMENDED IN ASSEMBLY FEBRUARY 29 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1435

Introduced by Assembly Member Dickinson(Coauthors Assembly Members Alejo Buchanan and Hill)

January 4 2012

An act to amend Section 111657 of the Penal Code relating to childabuse reporting

LEGISLATIVE COUNSELS DIGEST

AB 1435 as amended Dickinson Child abuse reporting athleticpersonnel

Existing law the Child Abuse and Neglect Reporting Act requiresa mandated reporter as defined to report whenever he or she in his orher professional capacity or within the scope of his or her employmenthas knowledge of or observed a child whom the mandated reporterknows or reasonably suspects has been the victim of child abuse orneglect Failure to report an incident is a crime punishable byimprisonment in a county jail for a period of up to 6 months a fine ofup to $1000 or by both that imprisonment and fine

This bill would add athletic coaches athletic administrators andathletic directors employed by a public or private organization to thelist of individuals who are mandated reporters The bill otlld reqtlirean ptlblie or pri v ate orgflftizationernplo ing flftathletieeoaen Mhletie

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AB 1435 -2-

ftdministrator or Mhletie direetor to hftve provided initiftl trftining byJflfttlM) I 2014 on speeified mfttters relMing to ehiM a-bttse ftftdnegleetfor those employees On ftftd ftfter lftnuftry 12014 the bill vvottld reeJtlireinitiftl trftining to be pro vided IV ithin 6 months of the dMe ftn indi vidttftlbeeomes employed in thM eftlfteiry The bill vvouM require theseindividuftls to eomplete eontifttling tminmg every 2 yeMs

By imposing the reporting requirements on a new class of personsfor whom failure to report specified conduct is a crime ftftdby imposingne~ trftining reeJtlirements on publie oIgftfiiZMions ineluding loeftlgOvernment entities this bill would impose a state-mandated localprogram

The Cftlifomift Constittltion reqtlires the stMe to reimbtlfse loeftlftgeneies ftnd sehool distriets for eertftin eosts mftftdMed by the stftteStftttltory pItYvisions esffiblish proeedtlfes for mftkffigthftt reimbtlfsement

This bill hould pro vide thM 4vith regMd to eertftin mftftdfttes noIeimbtlfsement is reeJtlired by this ftet for ft speeified reftson

Vith regftM to ftny other mftndMeS this bill vv0tlM pro vide thM if theCommission on StMe ~bndtltes determines thM the bill eontftins eostsso mftndftted by the stftte reimbttIsement for those eosts shftll be mftdeptlfStlftnt to the stftttltory pro visions noted ttbo ve

The California Constitution requires the state to reimburse localagencies and school districts for certain costs mandated by the stateStatutory provisions establish procedures for making thatreimbursement

This bill would provide that no reimbursement is required by this actfor a specified reason

Vote majority Appropriation no Fiscal committee yesState-mandated local program yes

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 111657 of the Penal Code is amended2 to read3 111657 (a) As used in this article mandated reporter is4 defined as any of the following5 (1) A teacher6 (2) An instructional aide7 (3) A teachers aide or teachers assistant employed by any8 public or private schooL9 (4) A classified employee of any public schooL

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-3- AB 1435

1 (5) An administrative officer or supervisor of child welfare and2 attendance or a certificated pupil personnel employee of any public3 or private school4 (6) An administrator of a public or private day camp

(7) An administrator or employee of a public or private youth6 center youth recreation program or youth organization7 (8) An administrator or employee of a public or private8 organization whose duties require direct contact and supervision9 of children

(9) Any employee of a county office of education or the State11 Department of Education whose duties bring the employee into12 contact with children on a regular basis13 (10) A licensee an administrator or an employee of a licensed14 community care or child day care facility

(11) A Head Start program teacher16 (12) A licensing worker or licensing evaluator employed by a17 licensing agency as defined in Section 111651118 (13) A public assistance worker19 (14) An employee of a child care institution including but not

limited to foster parents group home personnel and personnel of21 residential care facilities22 (15) A social worker probation officer or parole officer23 (16) An employee of a school district police or security24 department

(17) Any person who is an administrator or presenter of or a26 counselor in a child abuse prevention program in any public or27 private school28 (18) A district attorney investigator inspector or local child29 support agency caseworker unless the investigator inspector or

caseworker is working with an attorney appointed pursuant to31 Section 317 of the Welfare and Institutions Code to represent a32 mmor33 (19) A peace officer as defined in Chapter 45 (commencing34 with Section 830) of Title 3 of Part 2 who is not otherwise

described in this section36 (20) A firefighter except for volunteer firefighters37 (21) A physician and surgeon psychiatrist psychologist dentist38 resident intern podiatrist chiropractor licensed nurse dental39 hygienist optometrist marriage and family therapist clinical social

worker professional clinical counselor or any other person who

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AB 1435 -4-

is currently licensed under Division 2 (commencing with Section500) of the Business and Professions Code

(22) Any emergency medical technician I or II paramedic orother person certified pursuant to Division 25 (commencing withSection 1797) of the Health and Safety Code

(23) A psychological assistant registered pursuant to Section2913 of the Business and Professions Code

(24) A marriage and family therapist trainee as defined insubdivision (c) of Section 498003 of the Business and ProfessionsCode

(25) An unlicensed marriage and family therapist internregistered under Section 498044 of the Business and ProfessionsCode

(26) A state or county public health employee who treats a minorfor venereal disease or any other condition

(27) A coroner(28) A medical examiner or any other person who performs

autopsies(29) A commercial film and photographic print processor as

specified in subdivision (e) of Section 11166 As used in thisarticle commercial film and photographic print processor meansany person who develops exposed photographic film into negativesslides or prints or who makes prints from negatives or slides forcompensation The term includes any employee of such a personit does not include a person who develops film or makes prints fora public agency

(30) A child visitation monitor As used in this article childvisitation monitor means any person who for financialcompensation acts as monitor of a visit between a child and anyother person when the monitoring of that visit has been orderedby a court of law

(31) An animal control officer or humane society officer Forthe purposes ofthis article the following terms have the followingmeanings

(A) Animal control officer means any person employed by acity county or city and county for the purpose of enforcing animalcontrol laws or regulations

(B) Humane society officer means any person appointed oremployed by a public or private entity as a humane officer who is

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-5- AB 1435

qualified pursuant to Section 14502 or 14503 of the CorporationsCode

(32) A clergy member as specified in subdivision (d) of Section11166 As used in this article clergy member means a priestminister rabbi religious practitioner or similar functionary of achurch temple or recognized denomination or organization

(33) Any custodian of records of a clergy member as specifiedin this section and subdivision (d) of Section 11166

(34) Any employee of any police department county sheriffsdepartment county probation department or county welfaredepartment

(35) An employee or volunteer of a Court Appointed SpecialAdvocate program as defined in Rule 1424 ofthe California Rulesof Court

(36) A custodial officer as defined in Section 8315(37) Any person providing services to a minor child under

Section 12300 or 123001 of the Welfare and Institutions Code(38) An alcohol and drug counselor As used in this article an

alcohol and drug counselor is a person providing counselingtherapy or other clinical services for a state licensed or certifieddrug alcohol or drug and alcohol treatment program Howeveralcohol or drug abuse or both alcohol and drug abuse is not inand of itself a sufficient basis for reporting child abuse or neglect

(39) A clinical counselor trainee as defined in subdivision (g)of Section 499912 of the Business and Professions Code

(40) A clinical counselor intern registered under Section 499942of the Business and Professions Code

(41) An athletic coach athletic administrator or athletic directoremployed by a public or private organization including but notlimited to schools and instittttions of higher e6ueation thatprovidekindergarten or any of grades 1 to 12 inclusive

(b) Except as provided in paragraph (35) of subdivision (a)volunteers of public or private organizations whose duties requiredirect contact with and supervision of children are not mandatedreporters but are encouraged to obtain training in the identificationand reporting of child abuse and neglect and are further encouragedto report known or suspected instances of child abuse or neglectto an agency specified in Section 111659

(c) Employers are strongly encouraged to provide theiremployees who are mandated reporters with training in the duties

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AB 1435 -6-

imposed by this article This training shall include training in childabuse and neglect identification and training in child abuse andneglect reporting Whether or not employers provide theiremployees with training in child abuse and neglect identificationand reporting the employers shall provide their employees whoare mandated reporters with the statement required pursuant tosubdivision (a) of Section 111665

(d) School districts that do not train their employees specifiedin subdivision (a) in the duties of mandated reporters under thechild abuse reporting laws shall report to the State Department ofEducation the reasons why this training is not provided

(e) Unless otherwise specifically provided the absence oftraining shall not excuse a mandated reporter from the dutiesimposed by this article

(f) Public and private organizations are encouraged to providetheir volunteers whose duties require direct contact with andsupervision of children with training in the identification andreporting of child abuse and neglect

(g) (1) On 6r befure Jttmtary 1 2014 ttll) pttblie 6r privflie6rganizttti6ftemp16ing ttft Mhletie e6tteh Mhletie ttdmimstrltt6r6r Mhletie direet6r ttSspeeified ift pMttgrttph (41) 6f sttbdivisi6ft(tt) shttll pr6 vide iftitittl trttining f6r th6se empl~ ees 6n thefull6vvingmtttters

(A) The identifiettti6n 6f ehild ttbttse ttnd negleet(D) Aeti vities thttt e6ftstitttte inltppr6prittte ttftd illegttl e6ntttet

betiveen tt 6tlth ltftd ltft ttthietie e6tteh Mhletie ttdmiftistrttt6r 6rttthietie direet6r

(6) The resp6nsibilities 6f tt pers6n identified lIStt mttndfliedrep6rter in this seeti6n ineIttding btl ft6t limited t6 ttll 6f thefull6 vving

(i) T6 ~h6m tt rep6rt is reqtlired t6 be mttde(ii) The inf6rmttti6n thttt is reqttired t6 be ifte1ttdedin tt rep6rt(iii) The time vvithiftvvhieha mandated rep6rter is reqttired t6

file tt rep6rt(2) Initittl training shall be pr6vided b perS6ftSkn6vvledgeltble

ift the identifiettti6n 6fehild aettse ttnd negleet inltppf6prittte ltftdillegal e6ntaet bem eena 6ttth and ltftadttIt ltftdstatttt6ry rep6rtingreqttiremeftts ltftdshttll e6nsist 6ftw6 h6ttrs 6felassr66m 6r 6therinteraetive trainiftg ltftdedttettti6n

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1 (h) Commeneing on fmd aftel Jfmtlftry12014 fmofgfmization2 speeified in sttbdivision (g) shaHpro ide initial training within six3 months of the date that fm individtutl beeomes empleryed as an4 Mhletie eoaeh athletie administrator or athletie direetor ttnless5 the indi idttal reeei ed training Hithin tw0 years prior to the date6 the indi idtlal is empleryed An Mhletie eoaeh athletie7 administrator or athletie direetor Hho has leeeied initial training8 ptlfStlafttto sttbdiision (g) shall eomplete eontifttling training9 thereafter onee eery two years eonsisting of one hottf of

10 elassroom or other interaeti e training fmd edtteation11 SEC 2 No reimbtlrsement is reqtlired by this aet pttfStlafttto12 Seetion 6 ofArtiele )GIlD of the California Constitution for eertain13 eosts that may be inetllTed by a loeal ageney or sehool distriet14 beeatlse ift that regard this aet ereates a nev erime or infraetion15 eliminates a erime or infraetion or ehfmges the penalty fOfa erime16 or inflaetion Hithin the meaning of Seetion 17556 of the17 Goemment Code or ehanges the definition ofa elime Hithin the18 meaning of Seetion 6 of Aniele XIII D of the Califomia19 Constitution20 IIo~eer if the Commission on State Mfmdates determines that21 this aet eontainsother eosts mfmdated by the state reimbttfsement22 to loeal ageneies fmd sehool distliets for those eosts shall be made23 ptlfStlafttto Part 7 (eommeneing Hith Seetion 17500) of Division24 4 of Title 2 of the Goemment Code25 SEC 2 No reimbursement is required by this act pursuant to26 Section 6 of Article XIII B of the California Constitution because27 the only costs that may be incurred by a local agency or school28 district will be incurred because this act creates a new crime or29 infraction eliminates a crime or infraction or changes thepenalty30 for a crime or infraction within the meaning of Section 17556 of31 the Government Code or changes the definition of a crime within32 the meaning of Section 6 of Article XIII B of the California33 Constitution

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AB 1904 Assembly Bill Status

MEASURE AUTHOR(S)TOPIC

HOUSE

CURRENT BILL STATUS

AB No 1904Block Butler and

Professions and vocationslicenses

LOCATION

Cookmilitary spouses temporary

TYPE OF BILL

SEN

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyAppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpub11-12billasmab _1901-1950ab _1904_ bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes Noes OOPASS17

An act to add Section 1155 to the Business andProfessions Code relating to professions and vocationsand making an appropriation therefor

-

AB 1588 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1588AUTHOR(S) Atkins (Principal coauthors Cook and Nielsen)

(Coauthors Block Beth Gaines Pan V Manuel PerezWilliams and Yamada)

TOPIC Professions and vocations reservist licensees fees andcontinuing education

HOUSE LOCATION SEN+LAST AMENDED DATE 03052012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS forLAST

LAST

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

TITLE An act to add Section 1143 to the Business andProfessions Code relating to professions and vocations

htlpllwwwleginfocagovpubll-12Ibillasmlab _1551-1600ab _1588 _bill_20120601_statu 652012

middot

AMENDED IN ASSEMBLY MARCH 5 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1588

Introduced by Assembly Member Atkins(Principal coauthors Assembly Members Cook and Nielsen)

(Coauthors Assembly Members Block Beth Gaines PanV Manuel Perez Williams and Yamada)

February 6 2012

An act to add Section 1143 to the Business and Professions Coderelating to professions and vocations

LEGISLATIVE COUNSELS DIGEST

AB 1588 as amended Atkins Professions and vocations reservistlicensees fees and continuing education

Existing law provides for the regulation of various professions andvocations by boards commissions or bureaus within the Departmentof Consumer Affairs and for the licensure or registration of individualsin that regard Existing law authorizes any licensee whose licenseexpired while he or she was on active duty as a member of the CaliforniaNational Guard or the United States Armed Forces to reinstate his orher license without examination or penalty if certain requirements aremet

This bill would require the boards commissions or bureaus describedabove to waive the renewal fees and continuing education requirementsif either is applicable of any licensee or registrant who is a reservistcalled to active duty as a member of the United States Military Reserveor the California National Guard if certain requirements are met

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

98

AB 1588 -2-

Thepeople of the State of Califomi a do enact asfollows

1 SECTION 1 Section 1143 is added to the Business and2 Professions Code to read3 1143 Notwithstanding any other provision oflaw everyboard4 commission or bureau within the department shall waive the5 renewal fees and continuing education requirements if either is6 applicable for any licensee or registrant who is a reservist called7 to active duty as a member of the United States Military Reserve8 or the California National Guard if all of the following9 requirements are met

10 (a) The licensee or registrant was in good standing with the11 board commission or bureau at the time the reservist was called12 to active duty13 (b) The renewal fees or continuing education requirements are14 waived only for the period during which the reservist is on active15 duty service16 (c) The active duty reservist or the active duty reservists spouse17 or registered domestic partner provides written notice satisfactory18 to the board commission or bureau that substantiates the19 reservists active duty service

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AB 1896 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1896AUTHOR(S) ChesbroTOPIC Tribal health programs health care practitionersHOUSE LOCATION SEN+LAST AMENDED DATE 03272012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATIONCOMM ACTION DATECOMM ACTIONCOMM VOTE SUMMARY

ASM

05172012Referred to Com on B P amp EDBUSINESS PROFESSIONS AND CONSUMER PROTECTION04102012

Do passAyes 09 Noes OOPASS

TITLE An act to amend the heading of Article 10 (commencingwith Section 710) of Chapter 1 of Division 2 of and toadd Section 719 to the Business and Professions Coderelating to healing arts

httpwwwleginfocagovpubI11-12lbillasmab_1851-1900ab_1896_bill_20120517 _statu 652012

-

AMENDED IN ASSEMBLY MARCH 27 2012

CALIFORNIA LEGISLATURE-20II-12 REGULAR SESSION

ASSEMBLY BILL No 1896

Introduced by Assembly Member Chesbro

February 222012

An act to amend the heading of Article 10 (commencing with Section710) of Chapter 1 of Division 2 of and to add Section 719 to theBusiness and Professions Code relating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1896 as amended Chesbro Tribal health programs health carepractitioners

Under existing federal law licensed health professionals employedby a tribal health program are required to be exempt if licensed in anystate from the licensing requirements of the state in which the tribalhealth program performs specified services A tribal health program isdefined as an Indian tribe or tribal organization that operates any healthprogram service function activity or facility funded in whole or partby the Indian Health Service

Existing law provides for the licensure and regulation of health carepractitioners by various healing arts boards within the Department ofConsumer Affairs

This bill would codify that federal requirement by specifying that aperson who is licensed as a health care practitioner in any other stateand is employed by a tribal health program is exempt from any statelicensing requirement with respect to acts authorized under thepersonslicense where the tribal health program performs specified services

Vote majority Appropriation no Fiscal committee noState-mandated local program no

98

AD 1896 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 The heading of Article 10 (commencing with2 Section 710) of Chapter 1 of Division 2 of the Business and3 Professions Code is amended to read456789

101112131415161718192021

Article 10 Federal Personnel and Tribal Health Programs

SEC 2 Section 719 is added to the Business and ProfessionsCode to read

719 (a) A person who is licensed as a health care practitionerin any other state and is employed by a tribal health program asdefined in Section 1603 of Title 25 of the United States Code shallbe exempt from any licensing requirement described in this divisionwith respect to acts authorized under the persons license wherethe tribal health program performs the services described in thecontract or compact of the tribal health program under the IndianSelf-Determination and Education Assistance Act (25 USC Sec450 et seq)

(b) For purposes of this section health care practitioner meansany person who engages in acts that are the subject of licensureor regulation under this division or Ml) initiative 8et referred to inthis division the law of any other state

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CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1904

Introduced by Assembly Members Block Butler and Cook

February 222012

An act to add Section 1155 to the Business and Professions Coderelating to professions and vocations and making an appropriationtherefor

LEGISLATIVE COUNSELS DIGEST

AB 1904 as introduced Block Professions and vocations militaryspouses temporary licenses

Existing law provides for the licensure and regulation of variousprofessions and vocations by boards within the Department of ConsumerAffairs Existing law provides for the issuance of reciprocal licenses incertain fields where the applicant among other requirements has alicense to practice within that field in another jurisdiction as specifiedUnder existing law licensing fees imposed by certain boards withinthe department are deposited in funds that are continuously appropriated

This bill would authorize a board within the department to issue atemporary license to an applicant who among other requirements holdsan equivalent license in another jurisdiction as specified and is marriedto or in a legal union with an active duty member of the Armed Forcesofthe United States who is assigned to a duty station in California underofficial active duty military orders The bill would require a board toexpedite the process for issuing these temporary licenses The bill wouldrequire the applicant to pay any fees required by the board and wouldrequire that those fees be deposited in the fund used by the board toadminister its licensing program To the extent that the bill would

99

AB 1904 -2-

increase the amount of money deposited into a continuously appropriatedfund the bill would make an appropriation

Vote majority Appropriation yes Fiscal committee yesState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 1155 is added to the Business and2 Professions Code to read3 1155 (a) A board within the department may issue a4 temporary license to an applicant who meets all of the following5 requirements6 (l) Submits an application in the manner prescribed by the7 board8 (2) Supplies evidence satisfactory to the board that the applicant9 is married to or in a domestic partnership or other legal union

10 with an active duty member of the Armed Forces of the United11 States who is assigned to a duty station in this state under official12 active duty military orders13 (3) Holds a current license in another state district or territory14 of the United States with the requirements that the board determines15 are substantially equivalent to those established under this code16 for that occupation17 (4) Has not committed an act in anyjurisdiction that would have18 constituted grounds for denial suspension or revocation of the19 license under this code at the time the act was committed20 (5) Has not been disciplined by a licensing entity in another21 jurisdiction and is not the subject of an unresolved complaint22 review procedure or disciplinary proceeding conducted by a23 licensing entity in another jurisdiction24 (6) Pays any fees required by the board Those fees shall be25 deposited in the applicable fund or account used by the board to26 administer its licensing program27 (7) Submits fingerprints and any applicable fingerprinting fee28 in the manner required of an applicant for a regular license29 (b) A board shall expedite the procedure for issuing a temporary30 license pursuant to this section31 (c) A temporary license issued under this section shall be valid32 for 180 days except that the license may at the discretion of the

99

-3- AB 1904

I board be extended for an additional180-day period on application2 of the license holder3 (d) A board may adopt regulations necessary to administer this4 section

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99

AB 1932 Assembly Bill Status

MEASURE AUTHOR(S)TOPICHOUSE+LAST

CURRENT BILL STATUS

AB No 1932Gorell (Coauthor Cook)

United States armed services healing arts boardsLOCATION SENAMENDED DATE 04172012

TYPE OF BILL

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpubI11-12Ibillasmab_1901-1950ab_1932_bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

An act to add Section 7102 to the Business andProfessions Code relating to healing arts

-

AMENDED IN ASSEMBLY APRIL 172012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1932

Introduced by Assembly Member-Ceek Gorell(Coauthor Assembly Member Cook)

February 222012

An act to add Section 7102 to the Business and Professions Coderelating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1932 as amended euroook Gorell United States armed serviceshealing arts boards

Existing law provides for the licensure and regulation of varioushealing arts professions and vocations by boards within the Departmentof Consumer Affairs Existing law requires the rules and regulations ofthese healing arts boards to provide for methods of evaluating educationtraining and experience obtained in military service if such training isapplicable to the requirements of the particular profession or vocationregulated by the board Under existing law the Department of VeteransAffairs has specified powers and duties relating to various programsserving veterans

This bill would require by January 12014 and annually thereafterevery healing arts board to issue a specified written report to theDepartment of Veterans Affairs and the Legislature as specified thatclearly details the methods of evaluating the education training andexperience obtained in military service and whether that educationtraining and experience is applicable to the boards requirements forlicensure The bill would declare the intent of the Legislature in thisregard

98

AB 1932 -2-

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 710 of the Business and Professions Code2 was enacted in 1969 and because healing arts boards have not3 demonstrated significant compliance with that section it is the4 intent of the Legislature to establish an annual reporting5 requirement to compel these boards to provide information about6 the methods of evaluating education training and experience7 obtained in military service in order to meet the needs of the8 upcoming wave of armed service members returning to civilian9 life

10 SEC 2 Section 7102 is added to the Business and Professions11 Code to read12 7102 (a) By January 12014 and annually thereafter every13 healing arts board described in this division shall issue a written14 report to the Department of Veterans Affairs and to the Legislature15 that clearly details the methods of evaluating the education16 training and experience obtained in military service and whether17 that education training and experience is applicable to the boards18 requirements for licensure This written report shall include but19 not be limited to quantitative information about the number of20 service members who have applied for and have used their military21 education training and experience to fulfill the boards22 requirements for licensure23 (b) (1) The requirement to submit a report to the Legislature24 under subdivision (a) shall be inoperative on January 1 201825 pursuant to Section 102315 of the Government Code26 (2) A report to the Legislature shall be submitted in compliance27 with Section 9795 of the Government Code

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AB 171 -8-

(e) A health insurer may request no more than once annuallya review of treatment provided to an insured for tttttism speetfllftidisorders pervasive developmental disorder or autism The costof obtaining the review shall be borne by the insurer Thissubdivision does not apply to inpatient services

(f) A health insurer shall establish and maintain an adequatenetwork of qualified tttttism service providers with appropriatetraining and experience in atttism speetmm disorders pervasivedevelopmental disorder or autism to ensure that insureds have achoice of providers and have timely access continuity of careand ready referral to all services required to be provided by thissection consistent with Sections 101335 and 1013355 and theregulations adopted pursuant thereto

(g) (1) This section shall not be construed as reducing anyobligation to provide services to an insured under an individualizedfamily service plan an individualized program plan a preventionprogram plan an individualized education program or anindividualized service plan

(2) This section shall not be construed as limiting or excludingbenefits that are otherwise available to an enrollee under a healthinsurance policy including but not limited to benefits that arerequired to be covered under Sections 101445 and 1014451

(3) This section shall not be construed to mean that the servicesrequired to be covered pursuant to this section are not requiredto be covered under other provisions of this chapter

f31(4) This section shall not be construed as affecting litigation

that is pending on January 12012(h) On ttnd after JMltlttry12014 to the extent that this seetion

reqtlires health benefits to be 110 vided that exeeed the essentittlhettlth benefits Ieqtlired to be provided tmder Seetion 1302(b) ofthe federal Patient Proteetion and Apoundfordable CMe Aet (PtlblieLal9 III 148) as amended b the federal Health CMe ttndEdtteation Reeoneiliation Aet of 2010 (Pttblie La bullbull III 152) byqualified hettlth plttns otIering those benefits in the CaliforniaHealth Benefit Exehttnge ptlfStltlntto Title 22 (eommeneing bullbullithSeetion 100500) of the GOvemment Code the speeifie benefitsthat exeeed the federally reqtlired essential health benefits Me notreqt1ired to be pro vided 17 hen otIered b a health instlIttneepolieytftrotlgh the Exehttnge However those speeifle benefits Me

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-9- AB 171

reqtlired to be pIovided if otIered b~ a health iftsttIfmee polieyotltside of the Exehflftge

(h) Notwithstanding subdivision (a) on and after January 12014 this section does not require any benefits to beprovided thatexceed the essential health benefits that all health plans will berequired byfederal regulations to provide under Section 1302(b)of thefederal Patient Protection and Affordable Care Act (PublicLaw 111-148) as amended by the federal Health Care andEducation Reconciliation Act of 2010 (Public Law 111-152)

(i) As used in this section the following terms shall have thefollowing meanings

(1) Atttism speetIttm disorder meflftS a ftettrobiologieaeoftditioft thM ifteltldes atttistie disorder AspergeIs disorder Rertsdisorder ehildhood disiffiegrMi ve disorder flftd per- asivede velopmemal disorder ftot otheIvise speeified

(2) Dehav iora health treatmem meflftS professioftal servieesand treatmem pf6grMlls ineluding beha vioral intergtentioft therapyapplied beha vioral flft~ sis flftd other imeftsi ve beha vioraprograms thM ha ve demonstrated effie~ to de velop maiffifliftor restore to the maximttm extem pIaetieable the fttftetioftiftg orquality of life of aft individttal and thM have beeft demoftstrMedto treat the eore s~mptoms assoeiMed fv ith atttism speetrumdisorder

(3) Dehavioral imer-efttioft thera~ meaftS the desigftimplememMioft flftd eJalttMioft of eftviromnemal modifieMioftsusiftg behavioral stimuli flftd eoftseqtleftees to produee soeiallysigftifieam improvement ift behflviOfs ifteludiftg the use of direetobser- Mioft meastlI emem flftd fuftetional flftaryses of therelMioftship betveen en viromneftt flftd beha viorf41(1) Diagnosis of atltism speetrtlm disoIders pervasive

developmental disorder or autism means medically necessaryassessment evaluations or tests to diagnose whether an individualhas ofte of the atltism speetrtim disorders pervasive developmentaldisorder or autism

(5) Evidenee based researeh meaftS research that appliesrigorotls s~stemMie and obj eetive proeedttres to obtaift validkftowledge re1eam to atttism speetrtlm disorders

(2) Pervasive developmental disorder or autism shall havethe same meaning and interpretation as used in Section 137472

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AB 171 -10-

t61(3) Pharmacy care means medications prescribed by a licensed

physician and surgeon or other appropriately licensed or certifiedprovider and any health-related services deemed medicallynecessary to determine the need or effectiveness of the medications

ffl(4) Psychiatric care means direct or consultative psychiatric

services provided by a psychiatrist or ftny other ftlpropritttelylieensed or eertified pro vider licensed in the state in which he orshe practices

t81(5) Psychological care means direct or consultative

psychological services provided by a psychologist or fm)i otherflPproprifttely lieensed or eertified provider licensed in the state inwhich he or she practices

(9) Quftlified fttltism serviee provider shftll inelude ftftyntttionftlry or stttte lieensed or eertified person entity or gIOtlp thtttdesigns sttpeIv ises or pro vides trefttment of fttttism speetI mndisorders ftndthe tlftlieensed pel sonnel Stlpen ised b the lieensedor eertified person entity or grotlp pro vided the sen iees Mefv ithin the experienee ftnd seope of prftetiee of the lieensed oreertified person entity or grotlp Qtlftlified fttltism senieepm vider shftllmso include ftft serviee pro vider thttt is vendorizedb ftregionM eenter to pro vide those sftme sen iees fur fttltismspeetrttm disorders tlftder DiVisioft 45 (eommeneiftg with Seetion4588) of the WeIfMe ftftd Instittttions Code or Title 14(eommefteiftg vvith Seetion 95888) of the GOvernment Code ftftdthe tlftlieensed personnel stlpen ised b thftt pro vider 01 ftStttteDepMtment of Edtlefttion nonpttblie ftonseetftriftft ftgene ftSdefifted in Seetioft 56835 of the Edtletttion Code flPProved 16pro vide those SMIlesen iees fuI fttltism speetrttm disorders and thetlftlieensed personnel supen ised b thttt ftgene A qttft1ifiedfttltismsen ice pro vider shftll ensttre eriminm bftekgrotlftd sereening ftftdfingerprintiftg ftftd ftdequttte trftining ftftd Stlpen isioft of allpersonnel tttilized to implement sen iees An ntttionftllieense oreertifietttion reeogftized b this seetion shftllbe fteeredited by theNtttioftm Commission fur Certifyiftg Agencies (NCCA)

fWt(6) Therapeutic care means services provided by a licensed

or certified speech therftlists therapist an occupational therftpists

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-11- AB 171

therapist or a physical therapists ~r an) ~ther appropriatelylieensed ~r eertihed pr~ bullbullider therapist

tH1(7) Treatment for atrtism speetmm dis~rders pervasive

developmental disorder or autism means all of the followingcare including necessary equipment that develops maintains orrestores to the maximum extent practicable the functioning orquality of life of an individual with pervasive developmentaldisorder or autism and is prescribed or ordered for an individualdiagnosed with ~ne ~f the atttism speetmm dis~Iders pervasivedevelopmental disorder or autism by a licensed physician andsurgeon or a licensed psychologist ~r an) ~ther appIopIiMelyHeensed ~r eertihed pr~vider who determines the care to bemedically necessary

(A) Behlh i~r8lhealth treatmenttB1(A) Pharmacy care if the policy includes coverage for

prescription drugsfeuro7(B) Psychiatric caretB1(C) Psychological care(E1(D) Therapeutic care(F) Any eare fur indi viduals Vol ith autism speetrum dis~rders

thM is dem~nstrMed based up~n best praetiees ~r evidenee basedreseareh t~ be mediealry neeessary

(8) Treatmentfor pervasive developmental disorder or autismdoes not include behavioral health treatment as defined in Section1014451

U) This section with the exception of subdivision (b) shall notapply to dental-only or vision-only health insurance policies

SEC 3 No reimbursement is required by this act pursuant toSection 6 of Article XIII B of the California Constitution becausethe only costs that may be incurred by a local agency or schooldistrict will be incurred because this act creates a new crime orinfraction eliminates a crime or infraction or changes the penaltyfor a crime or infraction within the meaning of Section 17556 ofthe Government Code or changes the definition of a crime within

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AB 374 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASUREAUTHOR (S)TOPICHOUSE+LAST

AB NoHayashi

AthleticLOCATIONAMENDED DATE

374

SENOS272011

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

the request ofCOMM LOCATION

06162011In committee

authorSEN BUSINESS

Set first hearing Hearing canceled at

PROFESSIONS AND ECONOMIC DEVELOPMENT

TITLE An act to add Chapter 27 (commencing with Section18898) to Division 8 of the Business and ProfessionsCode relating to athletic trainers

httpwwwleginfocagovpub11-12billasmab_0351-0400ab_374_bill_20 652012

AB 386 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 386AUTHOR(S) GalgianiTOPIC Prisons telehealth systems+LAST AMENDED DATE 05112011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to add Section 50233 to the Penal Code relatingto prisoners

httpwww1eginfocagovpubI11-12lbillasmab_ 0351-0400ab _386_ bill_20120201_status 652012

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AB 439 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPICHOUSE+LAST

AB No 439Skinner

Health care informationLOCATION SENAMENDED DATE 06282011

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 07052011LAST HIST ACTION In committee Set first hearing Held without

recommendationCOMM LOCATION SEN JUDICIARY

TITLE An act to amend Section 5636 of the Civil Coderelating to health care information

httpwwwleginfocagovpub11-12billasmab_0401-0450ab _439 _bill_20120509 _status 652012

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AMENDED IN SENATE JUNE 28 2011

AMENDED IN ASSEMBLY MAY 182011

AMENDED IN ASSEMBLY APRIL 7 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 439

Introduced by Assembly Member Skinner

February 142011

An act to amend Section 5636 of the Civil Code relating to healthcare information

LEGISLATIVE COUNSELS DIGEST

AB 439 as amended Skinner Health care informationExisting law the Confidentiality of Medical Information Act (CMIA)

prohibits a health care provider a contractor or a health care serviceplan from disclosing medical information as defined regarding a patientof the provider or an enrollee or subscriber of the health care serviceplan without first obtaining an authorization except as specified Inaddition to other remedies available existing law authorizes anindividual to bring an action against any person or entity who hasnegligently released his or her confidential records in violation ofthoseprovisions for nominal damages of$lOOO

This bill would specify that in an action brought on or after January1 2012 a court may not award nominal damages if the defendantestablishes specified factors as an affirmative defense including butnot limited to that it is a covered entity as defined and has compliedwith any obligations to notify persons entitled to receive notice regardingthe release of the information The bill would also make a technicalnonsubstantive change

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AB439 -2-

Vote majority Appropriation no Fiscal committee noState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 5636 of the Civil Code is amended to2 read3 5636 (a) Any violation of the provisions of this part that4 results in economic loss or personal injury to a patient is punishable5 as a misdemeanor6 (b) In addition to any other remedies available at law any7 individual may bring an action against any person or entity who8 has negligently released confidential information or records9 concerning him or her in violation of this part for either or both

10 of the following11 (1) Except as provided in subdivision (e) nominal damages of12 one thousand dollars ($1000) In order to recover under this13 paragraph it shall not be necessary that the plaintiff suffered or14 was threatened with actual damages15 (2) The amount of actual damages if any sustained by the16 patient17 (c) (l) In addition any person or entity that negligently18 discloses medical information in violation of the provisions of this19 part shall also be liable irrespective of the amount of damages20 suffered by the patient as a result of that violation for an21 administrative fine or civil penalty not to exceed two thousand22 five hundred dollars ($2500) per violation23 (2) (A) Any person or entity other than a licensed health care24 professional who knowingly and willfully obtains discloses or25 uses medical information in violation of this part shall be liable26 for an administrative fine or civil penalty not to exceed twenty-five27 thousand dollars ($25000) per violation28 (B) Any licensed health care professional who knowingly and29 willfully obtains discloses or uses medical information in violation30 of this part shall be liable on a first violation for an administrative31 fine or civil penalty not to exceed two thousand five hundred32 dollars ($2500) per violation or on a second violation for an33 administrative fine or civil penalty not to exceed ten thousand34 dollars ($10000) per violation or on a third and subsequent35 violation for an administrative fine or civil penalty not to exceed

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twenty-five thousand dollars ($25000) per violation Nothing inthis subdivision shall be construed to limit the liability of a healthcare service plan a contractor or a provider of health care that isnot a licensed health care professional for any violation of thispart

(3) (A) Any person or entity other than a licensed health careprofessional who knowingly or willfully obtains or uses medicalinformation in violation of this part for the purpose of financialgain shall be liable for an administrative fine or civil penalty notto exceed two hundred fifty thousand dollars ($250000) perviolation and shall also be subject to disgorgement of any proceedsor other consideration obtained as a result of the violation

(B) Any licensed health care professional who knowingly andwillfully obtains discloses or uses medical information in violationofthis part for financial gain shall be liable on a first violation foran administrative fine or civil penalty not to exceed five thousanddollars ($5000) per violation or on a second violation for anadministrative fine or civil penalty not to exceed twenty-fivethousand dollars ($25000) per violation or on a third andsubsequent violation for an administrative fine or civil penalty notto exceed two hundred fifty thousand dollars ($250000) perviolation and shall also be subject to disgorgement of any proceedsor other consideration obtained as a result ofthe violation Nothingin this subdivision shall be construed to limit the liability of ahealth care service plan a contractor or a provider of health carethat is not a licensed health care professional for any violation ofthis part

(4) Nothing in this subdivision shall be construed as authorizingan administrative fine or civil penalty under both paragraphs (2)and (3) for the same violation

(5) Any person or entity who is not permitted to receive medicalinformation pursuant to this part and who knowingly and willfullyobtains discloses or uses medical information without writtenauthorization from the patient shall be liable for a civil penalty notto exceed two hundred fifty thousand dollars ($250000) perviolation

(d) In assessing the amount of an administrative fine or civilpenalty pursuant to subdivision (c) the Office of HealthInformation Integrity licensing agency or certifying board orcourt shall consider anyone or more of the relevant circumstances

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presented by any of the parties to the case including but not limitedto the following

(1) Whether the defendant has made a reasonable good faithattempt to comply with this part

(2) The nature and seriousness of the misconduct(3) The harm to the patient enrollee or subscriber(4) The number of violations(5) The persistence of the misconduct(6) The length of time over which the misconduct occurred(7) The willfulness of the defendants misconduct(8) The defendants assets liabilities and net worth(e) (1) In an action brought by an individual pursuant to

subdivision (b) on or after January 12012 the court shall awardany actual damages and reasonable attorneys fees and costs butmay not award nominal damages for a violation of this part if thedefendant establishes all of the following as an affirmative defense

(A) The defendant is a covered entity as defined in Section160103 of Title 45 of the Code of Federal Regulations

(B) The defendant has complied with any obligations to notifyall persons entitled to receive notice regarding the release of theinformation or records

(C) The release of confidential information or records was solelyto another covered entity

(D) The defendant took appropriate preventive actions to protectthe confidential information or records against release retentionor use by any person or entity other than the covered entity thatreceived the information or records including but not limited to

(i) Developing and implementing security policies andprocedures

(ii) Designating a security official who is responsible fordeveloping and implementing its security policies and proceduresincluding educating and training the workforce

(iii) Encrypting the information or records and protectingagainst the release or use of the encryption key and passwords ortransmitting the information or records in a manner designed toprovide similar protections against improper disclosures

(E) The defendant took appropriate corrective action after therelease of the confidential records or information and the coveredentity that received the information or records immediatelydestroyed or returned the information or records

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(F) The covered entity that received the confidential informationor records did not retain use or release the information or records

(G) The defendant has not Ifeviettsl) vielateti this IMt ef inthe eettrls tiisefetieft tieslite the Ifief vielatieftbeenfound liablefor a violation of this part within the three years preceding thealleged violation or the court determines that application of theaffirmative defense is found to be compelling and consistent withthe purposes ofthis section to promote reasonable conduct in lightof all the facts

(2) In an action under this subdivision a plaintiff shall beentitled to recover reasonable attorneys fees and costs withoutregard to an award of actual or nominal damages

(3) A defendant shall not be liable for more than one judgmenton the merits for a violation of this subdivision

(f) (1) The civil penalty pursuant to subdivision (c) shall beassessed and recovered in a civil action brought in the name of thepeople of the State of California in any court of competentjurisdiction by any of the following

(A) The Attorney General(B) Any district attorney(C) Any county counsel authorized by agreement with the

district attorney in actions involving violation of a countyordinance

(D) Any city attorney of a city(E) Any city attorney of a city and county having a population

in excess of 750000 with the consent of the district attorney(F) A city prosecutor in any city having a full-time city

prosecutor or with the consent of the district attorney by a cityattorney in any city and county

(G) The Director of the Office of Health Information Integritymay recommend that any person described in subparagraphs (A)to (F) inclusive bring a civil action under this section

(2) If the action is brought by the Attorney General one-halfofthe penalty collected shall be paid to the treasurer of the countyin which the judgment was entered and one-half to the GeneralFund If the action is brought by a district attorney or countycounsel the penalty collected shall be paid to the treasurer of thecounty in which the judgment was entered Except as provided inparagraph (3) if the action is brought by a city attorney or cityprosecutor one-half of the penalty collected shall be paid to the

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AB439 -6-

1 treasurer of the city in which the judgment was entered and one-half2 to the treasurer of the county in which the judgment was entered3 (3) If the action is brought by a city attorney of a city and4 county the entire amount of the penalty collected shall be paid to5 the treasurer of the city and county in which the judgment was6 entered7 (4) Nothing in this section shall be construed as authorizing8 both an administrative fine and civil penalty for the same violation9 (5) Imposition of a fine or penalty provided for in this section

10 shall not preclude imposition of any other sanctions or remedies11 authorized by law12 (6) Administrative fines or penalties issued pursuant to Section13 128015 of the Health and Safety Code shall offset any other14 administrative fine or civil penalty imposed under this section for15 the same violation16 (g) For purposes of this section knowing and willful shall17 have the same meanings as in Section 7 of the Penal Code18 (h) No person who discloses protected medical information in19 accordance with the provisions of this part shall be subject to the20 penalty provisions of this part

o

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AB 518 Assembly Bill Status Page I of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPICHOUSE+LAST

AB No 518Wagner

Elder and dependentLOCATION SENAMENDED DATE

adult abuse mandated reporters

03232011

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATION

06062011In committee Hearing postponed by committee

SEN BANKING AND FINANCIAL INSTITUTIONS

TITLE An act to repeal Section 7480 of the Government Codeand to amend Section 156301 of and to amend and repealSections 15633 15634 15640 and 156555 of theWelfare and Institutions Code relating to elder anddependent adult abuse

httpwwwleginfocagovpubll-12Ibillasmab_ 0501-0550ab_518_bill_2011 0615_status 652012

-

AMENDED IN ASSEMBLY MARCH 23 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 518

Introduced by Assembly Member Wagner

February 152011

Aft aet to amend Seetion 156301 of the Welfare and InstittttionsCode relating to elder abtlse An act to repeal Section 7480 of theGovernment Code and to amend Section 156301 of and to amend andrepeal Sections 15633 15634 15640 and 156555 of the Welfare andInstitutions Code relating to elder and dependent adult abuse

LEGISLATIVE COUNSELS DIGEST

AB 518 as amended Wagner Elder and dependent adult abusemandated reporters

Existing law the Elder Abuse and Dependent Adult Civil ProtectionAct establishes procedures for the reporting investigation andprosecution of elder and dependent adult abuse including but notlimited to financial abuse as defined These procedures require personsdefined as mandated reporters to report known or suspected instancesof elder or dependent adult abuse A violation of the reportingrequirements by a mandated reporter is a misdemeanor Existing lawwhich will be repealed on January 12013 defines who is a mandatedreporter of suspected financial abuse of an elder or dependent adult Aviolation ofthe financial abuse reporting requirements is subject to civilpenalties

This bill would delete the January 1 2013 repeal date and makeconforming changes

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

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15

20

25

30

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AB518 -2-

The people of the State of California do enact asfollows

1 SECTION 1 Section 7480 of the Government Code as2 amended by Section 2 of Chapter 234 of the Statutes of 2008 is3 repealed4 7480 Nothing in this ehapter prohibits an) of the following

(a) The dissemination of an) finaneial information that is not6 identified with or identifiable as being deri ved from the fiftMleial7 reeords of a partietllar etlstomer8 (b) When any poliee or sheriffs department or distriet attorney9 in this state eertines to a bank eredit tlftion or savin-gsassoeiation

in 4vritingthat a erime report has been filed that involves the11 alleged fratldttlent tlse of drafts eheeks or other orders drawfl12 tlJon MtY bank eredit tlftion or Sltv ings assoeiation in this state13 the poliee or sheriffs department or distriet attomey a eotlnty14 adttlt proteeti-ve sen iees oftiee 4vhen investigating the finaneial

abttse of an elder or dependent adttlt or a long term eare16 ombttdsman when investigating the finaneial abttse of an elder or17 dependent adttlt rna reqtlest a bank eredit tlftion or savings18 assoeiation to fttmish and a bank eredit tlftion or savings19 assoeiation shall fttmish a statement setting forth the folIowing

information with respeet to a etlstomer aeeotlnt speeified b) the21 reqttesting parry for a period 30 da s prior to and tlJ to 30 da) s22 following the date ofoeetnTenee of the alleged illegal aet invohin-g23 the aeeotlftt24 (1) The Itttftlber of items dishonored

(2) The nttmber of items paid that ereated Oierdrafts26 (3) The dollar volttme of the dishonored items and items paid27 whieh ereated overdrafts and a statement explaining an) eredit28 atTangementbetween the bank eredit tlftion or savin-gsassoeiation29 and etlstomer to pa) 0verdrafts

(4) The dates and amotlnts of deposits and debits and the aeeotlftt31 balanee on these dates32 (5) A eoJry of the signattlre eard inelttding the signattlre and33 an) addresses appearing on a etlstomers signattlre eard34 (6) The date the aeeottnt opened and ifapplieable the date the

aeeotlnt elosed36 (7) A bank eredit tlftion or saTvingsassoeiation that proiides37 the reqtlesting part) vvith eopies of one or more eomplete aeeottnt

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the taxpa er (2) the (iireet deposit refund bullbullas not rettlmed to theFranehise Tax Board and (3) the remnd TnaSdeposited direetlyon a speeifled date into the aeeotlftt of an aeeotmtholder of theflnaneial instittttion bullbullho bullbullas not entitled to reeei v e the refttndthen the flnaneial instittttion shall fttntish to the Franehise TaxBoard the name and address ofan eoo w ner eosigtter or an otherperson bullbullho had aeeess to the mnds in the aeeotlttt follo bullbulling thedate ofdiIeet deposit refund or if the aeeotmt has been dosed thename and address of the person bullbullho dosed the aeeOtlftt

(s) This seetion shall beeome operati v e on Jaftttary 1 2013SECTION 1SEC 2 Section 156301 of the Welfare and Institutions Code

is amended to read156301 (a) As used in this section mandated reporter of

suspected financial abuse of an elder or dependent adult meansall officers and employees of financial institutions

(b) As used in this section the term financial institution meansany of the following

(l) A depository institution as defined in Section 3(c) of theFederal Deposit Insurance Act (12 USC Sec 1813(c))

(2) An institution-affiliated party as defined in Section 3(u) ofthe Federal Deposit Insurance Act (12 USC Sec 1813(u))

(3) A federal credit union or state credit union as defined inSection 101 ofthe Federal Credit Union Act (12 USC Sec 1752)including but not limited to an institution-affiliated party of acredit union as defined in Section 206(r) of the Federal CreditUnion Act (12 USc Sec 1786(r))

(c) As used in this section financial abuse has the samemeaning as in Section 1561030

(d) (l) Any mandated reporter of suspected financial abuse ofan elder or dependent adult who has direct contact with the elderor dependent adult or who reviews or approves the elder ordependent adults financial documents records or transactionsin connection with providing financial services with respect to anelder or dependent adult and who within the scope of his or heremployment or professional practice has observed or hasknowledge of an incident that is directly related to the transactionor matter that is within that scope of employment or professionalpractice that reasonably appears to be financial abuse or whoreasonably suspects that abuse based solely on the information

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before him or her at the time of reviewing or approving thedocument record or transaction in the case of mandated reporterswho do not have direct contact with the elder or dependent adultshall report the known or suspected instance of financial abuse bytelephone immediately or as soon as practicably possible and bywritten report sent within two working days to the local adultprotective services agency or the local law enforcement agency

(2) When two or more mandated reporters jointly haveknowledge or reasonably suspect that financial abuse of an elderor a dependent adult for which the report is mandated has occurredand when there is an agreement among them the telephone reportmay be made by a member of the reporting team who is selectedby mutual agreement A single report may be made and signed bythe selected member of the reporting team Any member of theteam who has knowledge that the member designated to report hasfailed to do so shall thereafter make that report

(3) If the mandated reporter knows that the elder or dependentadult resides in a long-term care facility as defined in Section1561047 the report shall be made to the local ombudsman or locallaw enforcement agency

(e) An allegation by the elder or dependent adult or any otherperson that financial abuse has occurred is not sufficient to triggerthe reporting requirement under this section if both of the followingconditions are met

(1) The mandated reporter of suspected financial abuse of anelder or dependent adult is aware of no other corroborating orindependent evidence of the alleged financial abuse of an elder ordependent adult The mandated reporter of suspected financialabuse of an elder or dependent adult is not required to investigateany accusations

(2) In the exercise of his or her professional judgment themandated reporter of suspected financial abuse of an elder ordependent adult reasonably believes that financial abuse of anelder or dependent adult did not occur

(f) Failure to report financial abuse under this section shall besubject to a civil penalty not exceeding one thousand dollars($1000) or if the failure to report is willful a civil penalty notexceeding five thousand dollars ($5000) which shall be paid bythe financial institution that is the employer of the mandated

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reporter to the party bringing the action Subdivision (h) of Section15630 shall not apply to violations of this section

(g) (1) The civil penalty provided for in subdivision (f) shallbe recovered only in a civil action brought against the financialinstitution by the Attorney General district attorney or countycounsel No action shall be brought under this section by anyperson other than the Attorney General district attorney or countycounsel Multiple actions for the civil penalty may not be broughtfor the same violation

(2) Nothing in the Financial Elder Abuse Reporting Act of2005shall be construed to limit expand or otherwise modify any civilliability or remedy that may exist under this or any other law

(h) As used in this section suspected financial abuse of anelder or dependent adult occurs when a person who is requiredto report under subdivision (a) observes or has knowledge ofbehavior or unusual circumstances or transactions or a pattern ofbehavior or unusual circumstances or transactions that would leadan individual with like training or experience based on the samefacts to form a reasonable belief that an elder or dependent adultis the victim of financial abuse as defined in Section 1561030

(i) Reports of suspected financial abuse of an elder or dependentadult made by an employee or officer of a financial institutionpursuant to this section are covered under subdivision (b) of Section47 of the Civil Code

SEC 3 Section 15633 of the Welfare and Institutions Codeas amended by Section 5 of Chapter 140 of the Statutes of 2005is amended to read

15633 (a) The reports made pursuant to Sections 15630156301 and 15631 shall be confidential and may be disclosedonly as provided in subdivision (b) Any violation of theconfidentiality required by this chapter is a misdemeanorpunishable by not more than six months in the county jail by afine of five hundred dollars ($500) or by both that fine andimprisonment

(b) Reports of suspected abuse of an elder or dependent adultand information contained therein may be disclosed only to thefollowing

(1) Persons or agencies to whom disclosure of information orthe identity of the reporting party is permitted under Section156335

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(2) (A) Persons who are trained and qualified to serve onmultidisciplinary personnel teams may disclose to one anotherinformation and records that are relevant to the preventionidentification or treatment of abuse of elderly or dependentpersons

(B) Except as provided in subparagraph (A) any personnel ofthe multidisciplinary team or agency that receives informationpursuant to this chapter shall be under the same obligations andsubject to the same confidentiality penalties as the persondisclosing or providing that information The information obtainedshall be maintained in a manner that ensures the maximumprotection of privacy and confidentiality rights

(c) This section shall not be construed to allow disclosure ofany reports or records relevant to the reports of abuse of an elderor dependent adult if the disclosure would be prohibited by anyother provisions of state or federal law applicable to the reports orrecords relevant to the reports of the abuse nor shall it be construedto prohibit the disclosure by a financial institution of any reportsor records relevant to the reports of abuse of an elder or dependentadult if the disclosure would be required of a financial institutionby otherwise applicable state or federal law or court order

(d) This seetion shall remain in dIcet on) tmtilJantmry I 2813and as of that date is repealed unless a later enaeted statute thatis enaeted before JMlt1ary12813 deletes or extends that date

SEC 4 Section 15633 of the Welfare and Institutions Codeas added by Section 6 of Chapter 140 of the Statutes of 2005 isrepealed

15633 (a) The leports made ptlrstlMlt to Seetions 15638 and15631 shall be eonndential and may be diselosed on) as pro videdin stlbdivision (b) AIl) violation of the eonfidetttialrt reqtliredbythis ehapter is a misdemeanor ptlnishable bynot more than sixmoftths in the eounry jail b)l a nne ofn Vehundred dollars ($588)or byboth that nne and imprisonment

(b) Reports of stlspeeted elder 01 dependent adttlt abttse andinfenmation eontained therein may be diselosed only to thefollo vving

(1) Persons or ageneies to vvhomdiselostlfe of information orthe identity of the reporting pMty is permitted tlnder Seetion156335

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(2) EA) Persems who Me trftined Md qtlftlified to sene onmtlltidiseiplinftfjf persoflftel teftll1smfty diselose to one Mlotherinfermtttion Md reeords thftt Me relevflnt to the preventionidentifiefttion or trefttment of ftbttse of elderly or dependentpersons

EB) Exeept ftSpro vided in SMpMftgrftph EA) Mly personnel ofthe ftltlltidiseiplinftry teftftl or ftgeney thftt reeeives informfttionptlrstlftnt to this ehflPtel shftH he tinder the sftme ohligfttions ftndsttbjeet to the sftme eonfidentiftlity penftlties ftS the pelsondisdosing or pro viding thftt infermfttion The informfttion ohtftinedshftH he mftintftined in ft ftlftflfter thftt enstlfes the ftlftXimttmproteetion ofprivftey ftnd eonfidentiftlity rights

Ee) This seetion shftH not he eonstftled to ftHo diselostlfe ofMy reports or reeords rde vMit to the reports of elder or dependentftdttlt ftbttse if the disdostlfe votlld he prohibited hy My other110visions of stftte or federftllft bullbull ftppliefthle to the reports or reeordsrele vftnt to the reports of the flbttse

Ed) This seetion shftH heeome operftti ve on Jftntlftry I 2013SEC 5 Section 15634 of the Welfare and Institutions Code

as amended by Section 7 of Chapter 140 of the Statutes of 2005is amended to read

15634 (a) No care custodian clergy member healthpractitioner mandated reporter of suspected financial abuse of anelder or dependent adult or employee of an adult protectiveservices agency or a local law enforcement agency who reports aknown or suspected instance of abuse of an elder or dependentadult shall be civilly or criminally liable for any report requiredor authorized by this article Any other person reporting a knownor suspected instance of abuse of an elder or dependent adult shallnot incur civil or criminal liability as a result of any reportauthorized by this article unless it can be proven that a false reportwas made and the person knew that the report was false No personrequired to make a report pursuant to this article or any persontaking photographs at his or her discretion shall incur any civil orcriminal liability for taking photographs of a suspected victim ofabuse of an elder or dependent adult or causing photographs to betaken of such a suspected victim or for disseminating thephotographs with the reports required by this article Howeverthis section shall not be construed to grant immunity from thisliability with respect to any other use of the photographs

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AB518 -16-

(b) No care custodian clergy member health practitionermandated reporter of suspected financial abuse of an elder ordependent adult or employee of an adult protective services agencyor a local law enforcement agency who pursuant to a request froman adult protective services agency or a local law enforcementagency investigating a report of known or suspected abuse of anelder or dependent adult provides the requesting agency withaccess to the victim of a known or suspected instance of abuse ofan elder or dependent adult shall incur civil or criminal liabilityas a result of providing that access

(c) The Legislature finds that even though it has providedimmunity from liability to persons required to report abuse of anelder or dependent adult immunity does not eliminate thepossibility that actions may be brought against those persons basedupon required reports of abuse In order to further limit the financialhardship that those persons may incur as a result of fulfilling theirlegal responsibilities it is necessary that they not be unfairlyburdened by legal fees incurred in defending those actionsTherefore a care custodian clergy member health practitioneror an employee of an adult protective services agency or a locallaw enforcement agency may present to the StMe B6Md 6pound C6ntr61California Victim Compensation and Government Claims Boarda claim for reasonable fttt6meys attorneys fees incurred in anyaction against that person on the basis of making a report requiredor authorized by this article if the court has dismissed the actionupon a demurrer or motion for summary judgment made by thatperson or if he or she prevails in the action The StMe B6ftrd 6fC6ntr61 California Victim Compensation and Government ClaimsBoard shall allow that claim if the requirements ofthis subdivisionare met and the claim shall be paid from an appropriation to bemade for that purpose Att6mey s Attorneys fees awarded pursuantto this section shall not exceed an hourly rate greater than the ratecharged by the Attorney General at the time the award is madeand shall not exceed an aggregate amount of fifty thousand dollars($50000) This subdivision shall not apply if a public entity hasprovided for the defense of the action pursuant to Section 995 ofthe Government Code

(d) This seeti6n shftll remftin in dfeet 6ttly tmtil J8fttlfll)1 2013ftnd ftS6pound thftt dMe is repeftled wIess ft IMer enfteted stMute thMis en8eted before Jftftt18ry12013 deletes 6r extends thM dMe

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SEC 6 Section 15634 of the Welfare and Institutions Codeas amended by Section 711 ojChapter 538 of the Statutes oj2006is repealed

15634 eft) No eMe etlstodimt ele~ member hea-lthpraetitioner or employee of an adttlt proteeti-ve serviees ageneyor a loeal larn enforeement ageney who reports a lrnown orsttspeeted instanee of elder or dependent adtllt abtlse shaHbe eiviHyor eriminalry liable for any report reqttired or attthorizedby thisartiele Any other peIson reporting a lrnOWfior stlspeeted instaneeof elder or dependeItt adttIt abtlse shall not inettr ei vil or eriminalliability as a restllt of any report attthorizedby this artiele ttnlessit ean be pro ven that a false report was made and the person knewthat the report vvasrelse gteJoperson reqtlired to make a reportptlrstlant to this artiele or any person taking photographs at his orher diseretion shall inettr any eivii or eriminalliability fer takingphotographs of a stlspeeted vietim of elder or dependent adtlltabtlse or eattsing photographs to be taken of the stlspeeted vietimor fOIdisseminating the photographs with the reports reqtlired bythis artiele However this seetion shall not be eonstmed to gIantimmttnity from this liability vvithrespeet to any other tlse of thephotographs

(b) No eMe etlstodian el~ member health praetitioner oremployee of an adtlIt proteetive seniees ageney or a loea-l lawenfereemeItt ageney who pttrsttant to a reqtlest from an adttltproteeti-ie seniees ageney or a loeal lavI enforeemeItt ageneyinvestigating a report of lrnOViftor stlspeeted elder or dependentadtllt abtlse proides the reqtlesting ageney with aeeess to thevietim of a lrnovvnor stlspeeted instanee of elder or dependeIttadttlt abtlse shall inettr eiviI or eriminal liability as a restlIt ofpro viding that aeeess

ee) The Legislatttre finds that even thOtlgh it has pIOvidedimmtlnity from liability to peIsons reqtlired to report elder ordependent mit abttse immtlIlity does not eliminate the possibilitythat aetions may be brotlght agamst those persons based tlJ0nreqtlired reports of abtlse In order to fttrther limit the finaneialhardship that those persons may inettr as a resttIt offttlfilling theirlegal responsibilities it is neeessary that they not be tlftreirlybttrdened by legal fees inetlffed in defending those aetionsTherefore a eMeetlstodian ele~ member health praetitioneror employee ofan adttlt proteetive seniees ageney or a loeallffi7t

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AB518 -18-

enfOieement agene)l ma) present to the CalifeJmia VietimCempensatien and Geemment Claims BeMd a elaim feJrreasenable atteme)s fees inetJifedin any aetien agffinstthat persenen the basis efmMcinga repert reqtlired er attth6rizedb)l this Mtieleif the eeM has dismissed the aetien t1pen a demtlffer el metienfur sttmillM)lj tldgment made b that persen el ifhe er she preailsin the aetien The Califumia Vietim Cempensatien andGeemment Claims Beard shall allew that ehtim if thereqtlirements ef this sttbdi isien Me met and the elaim shall bepaid fl6man fllprepriatien te be made fur that ptllpese Atteme) sfees aarded ptliStlMltto this seetien shall net exeeedan hetlilyrate greater than the late eharged b the Attemey General at thetime the aard is made and sh8llnet exeeedan aggregate amettllteffitty thetlsanBdellMs ($50000) This sttbdF isien shall net applyif a pttblie enti) has pmbullided fer the defense ef the aetien ptlistlantte Seetien 995 ef the Ge emment Cede

(6) This seetien shall beeeme eperatie en JMttlM)12013SEC 7 Section 15640 of the Welfare and Institutions Code

as amended by Section 9 of Chapter 140 of the Statutes of2005is amended to read

15640 (a) (1) An adult protective services agency shallimmediately or as soon as practically possible report by telephoneto the law enforcement agency having jurisdiction over the caseany known or suspected instance of criminal activity and to anypublic agency given responsibility for investigation in thatjurisdiction of cases of elder and dependent adult abuse everyknown or suspected instance of abuse pursuant to Section 15630or 156301 of an elder or dependent adult A county adult protectiveservices agency shall also send a written report thereof within twoworking days of receiving the information concerning the incidentto each agency to which it is required to make a telephone reportunder this subdivision Prior to making any cross-report ofallegations of financial abuse to law enforcement agencies anadult protective services agency shall first determine whether thereis reasonable suspicion of any criminal activity

(2) If an adult protective services agency receives a report ofabuse alleged to have occurred in a long-term care facility thatadult protective services agency shall immediately inform theperson making the report that he or she is required to make thereport to the long-term care ombudsman program or to a local law

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-19- AB518

enforcement agency The adult protective services agency shallnot accept the report by telephone but shall forward any writtenreport received to the long-term care ombudsman

(b) If an adult protective services agency or local lawenforcement agency or ombudsman program receiving a report ofknown or suspected elder or dependent adult abuse determinespursuant to its investigation that the abuse is being committed bya health practitioner licensed under Division 2 (commencing withSection 500) of the Business and Professions Code or any relatedinitiative act or by a person purporting to be a licensee the adultprotective services agency or local law enforcement agency orombudsman program shall immediately or as soon as practicallypossible report this information to the appropriate licensingagency The licensing agency shall investigate the report in lightof the potential for physical harm The transmittal of informationto the appropriate licensing agency shall not relieve the adultprotective services agency or local law enforcement agency orombudsman program of the responsibility to continue its owninvestigation as required under applicable provisions of law Theinformation reported pursuant to this paragraph shall remainconfidential and shall not be disclosed

(c) A local law enforcement agency shall immediately or assoon as practically possible report by telephone to the long-termcare ombudsman program when the abuse is alleged to haveoccurred in a long-term care facility or to the county adultprotective services agency when it is alleged to have occurredanywhere else and to the agency given responsibility for theinvestigation of cases of elder and dependent adult abuse everyknown or suspected instance of abuse of an elder or dependentadult A local law enforcement agency shall also send a writtenreport thereof within two working days of receiving the informationconcerning the incident to any agency to which it is required tomake a telephone report under this subdivision

(d) A long-term care ombudsman coordinator may report theinstance of abuse to the county adult protective services agencyor to the local law enforcement agency for assistance in theinvestigation of the abuse if the victim gives his or her consent Along-term care ombudsman program and the Licensing andCertification Division ofthe State Department ofIIealth SeI ieesPublic Health shall immediately report by telephone and in writing

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AB518 -20-

1 within two working days to the bureau any instance of neglect2 occurring in a health care facility that has seriously harmed any3 patient or reasonably appears to present a serious threat to the4 health or physical well-being of a patient in that facility If a victim5 or potential victim of the neglect withholds consent to being6 identified in that report the report shall contain circumstantial7 information about the neglect but shall not identify that victim or8 potential victim and the bureau and the reporting agency shall9 maintain the confidentiality of the report until the report becomes

lOa matter of public record11 (e) When a county adult protective services agency a long-term12 care ombudsman program or a local law enforcement agency13 receives a report of abuse neglect or abandonment of an elder or14 dependent adult alleged to have occurred in a long-term care15 facility that county adult protective services agency long-term16 care ombudsman coordinator or local law enforcement agency17 shall report the incident to the licensing agency by telephone as18 soon as possible19 (f) County adult protective services agencies long-term care20 ombudsman programs and local law enforcement agencies shall21 report the results of their investigations of referrals or reports of22 abuse to the respective referring or reporting agencies23 Eg) This seeti6n shall remain in dIcet 6ny tlfttilJ~ 1201324 and as 6f that date is repealed unless a later enaeted stMttte that25 is enaeted bef6re Janttary 12013 deletes 6r extends that date26 SEC 8 Section 15640 of the Welfare and Institutions Code27 as added by Section 10 of Chapter 140 of the Statutes of 2005 is28 repealed 29 15640 Ea) E1) An adult pr6teeti e sen iees ageney shall30 immediate) 6r as S66nas praetieal) p6ssible rep6rt 0 te1eph6ne31 t6 the la~ enf6reement ageney haing jttrisdieti6n 6er the ease32 an kntMfl6r suspeeted instanee 6f eriminal aeth it) and t6 any33 pttblie agene gien resp6nsibilit) f6r illestigMi6n in that34 jurisdieti6n 6f eases 6f elder and dependent adttlt abuse eery35 kfl6n6r suspeeted instanee 6f aetlse purstlant t6 Seeti6n 1563036 6f an elder 6r dependent adttlt A e6t11ltyadttlt pr6teeti e sen iees37 ageney shall als6 send a TV ritten rep6rt there6f Vv ithin ti 6 V 6rking38 days 6f reeeiving the inwrmati6n e6neeming the ineident t6 eaeh39 ageney t6 vv hieh it is reqtlired t6 make a teleph6ne Iep6rt tlftder40 this subdiisi6n Pri6r t6 making an er6SSIep6rt 6f allegati6ns

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-21- AB518

offilumeial abttse to lavvenforeemertt a-geneiesMladult proteetFesen iees agene) shaH first determine whether there is reasonablesuspieion of tmJ eriminM aeti vit

(2) If an adult proteeti ve sen iees agene) reeei ves a report ofabttse alleged to ha ve oeettlTed in a long teml eare faeilit) thatadttlt proteeti ve sen iees ageney shall immediate) infoml theperson making the report that he or she is required to make thereport to the long term eare ombttdsman program 01 to aloeallawenforeemertt a-geneyThe adttlt proteeti ve sen iees agene) shallnot aeeept the report b) telephone btlt shall fonvMd flit) vvTittenreport leeehed to the long teml eare ornbtldsman

(b) If an adtllt proteetive seniees ageney or loeal lawenforeement agene) or ornbtldsman program reeei vinga report ofkftovm or stlspeeted elder or dependent adttlt MtlSe determinespttrstlartt to its inYestigationthat the flbttseis being eommitted bya health 11aetitioner lieensed tlftder Division 2 (eonJffieneingwithSeetion 500) of the Btlsiness flftdProfessions Code or flit) lelatedinitiatiye aet or by a person ptlrporting to be a lieensee the adtlltproteetive seniees a-gene) or loeallaw enforeement agene) orombttdsman program shall immediate) or as soon as praetieall)possible report this mformation to the appropriate lieensingagene) The lieensing agene) shall investigate the report in lightof the poterttial fur ph) sieal hamlThe trMlsmittfllof informationto the appropriate lieensing agene) shall not relieve the adtlltproteethe serviees agene) or loeallaw enforeement agene) orornbtldsmflft program of the responsibility to eorttinue its 0~vninvestigation as reqttired tlftder applieable provisions of law Theinformation reported pttrstlant to this paragraph shall remaineoniiderttial flItdshfl11not be diselosed

(e) A loealla bullbull enforeement agefte) shall immediate) or assoon as praetieal) possible report b) telephone to the long termeare ombtldsman program bullbullhen the abtlse is alleged to haveoeetllTed in a long term eare faeilit) or to the eotlnt) adttltproteetive seniees agene) bullbullhen it is alleged to have oeeUlfedan) vvhere else flftd to the agene) gh en responsibilit) for theinvestigation of eases of elder and dependent adttlt abtlse everykftovm or stlspeeted instflftee of MtlSe of an elder or dependerttadttlt A loeallaw enforeement ageney shall also send a Ylfittenreport thereof bullbullithin ftv0 vvorking dfl)s ofreeei ving the infomlation

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AB518 -22-

eoneeming the ineident to an agenC) to vvhieh it is reqtlired toftutke a telephone report tlIlderthis stlbdh ision

Ed) A long tenn eare ombttdsman eoordinator mll) report theinstlllleeof abtlse to the eot1llryadttlt proteetive seniees ageneyor to the loeal la bullbull enforeement agenC) for assistlllleein theinvestigationof the abttse if the vietim gives his or her eonsent Along tenn eMe ombtldsmllllprogram llIldthe Lieensing llIldCertifieation Division of the State DepMtment ofIIealth Senieesshall immediately report b telephone llIldin vvriting vvithin hiv0tv orkingdll) s to the bm eatl an instlllleeof negleet oeet1ffingin ahealth eare faeiliry that has seriotlsl hMmed an patient orreasonably appeMs to present a seriotls threat to the health orph sieal vvell being of a patient in that ffteiliry If a J ietim orpotential TV ietim of the neglect vithholds eonsent to being identifiedin that report the report shall eontain eirettmstlllltialinformationabom the negleet bm shall not identif) that vietim or potentialvietim and the bttreatl llIldthe reporting agenC) shall maintain theeoniidentialiry of the report tlntil the report beeomes a matter ofptlblie reeord

Ee) hen a eotlllryadttlt proteeti ve sen iees agenC) a long termeare ombtldsman program or a loeal la enforeement ageneyreeeives a report ofabttse negleet or ablllldonmentofllllelder ordependent adttlt alleged to have oeet1ffedin a long term earefaeiliry that eotlnty adtllt proteeti ve sen iees agenC) long termeare ombtldsmlllleoordinator or loeallavv enforeement ageneyshall report the ineident to the lieensing agene b telephone assoon as possible

ED COtl1lt)adtllt proteetive seniees ageneies long term eareombttdsman programs and 10ea1lavvenforeement ageneies shallreport the restllts of their investigations of referrals or reports ofabtlse to the respeetive referring or reporting ageneies

Eg) This seetion shall beeome operative on JllIlt1flry12013SEC 9 Section 156555 of the Welfare and Institutions Code

as amended by Section 11 of Chapter 140 of the Statutes of 2005is amended to read

156555 A county adult protective services agency shallprovide the organizations listed in paragraphs (v) (w) and (x) ofSection 1561017 and mandated reporters of suspected financialabuse of an elder or dependent adult pursuant to Section 156301with instructional materials regarding abuse and neglect of an elder

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-23- AB518

1 or dependent adult and their obligation to report under this chapter2 At a minimum the instructional materials shall include the3 following4 (a) An explanation of abuse and neglect of an elder or dependent

adult as defined in this chapter6 (b) Information on how to recognize potential abuse and neglect7 of an elder or dependent adult8 (c) Information on how the county adult protective services9 agency investigates reports of known or suspected abuse and

neglect11 (d) Instructions on how to report known or suspected incidents12 of abuse and neglect including the appropriate telephone numbers13 to call and what types of information would assist the county adult14 protective services agency with its investigation of the report

(e) This seetion shall remain in eifcet only tlfttil Jflfttlttry 1 201316 and as of that date is repealed tmless a later enaeted stattlte that17 is enaeted before Jafttlttry 12013 deletes or extends that date18 SEC 10 Section 156555 of the Welfareand Institutions Code19 as amended by Section 712 of Chapter 538 of the Statutes of2006

is repealed21 156555 A eottftt) achtlt proteetive serviees agene) shall22 pmvide the organi2ations listed in paragraphs (v) (vv) and Ex) of23 Seetion 1561017 with instItletional materials regarding elder and24 dependent achtlt abtlse and negleet and their obligation to report

under this ehapter At a minimum the instruetional materials shall26 inelude the follovving27 (a) An explanation of elder and dependent achtlt abuse and28 negleet as defined in this ehapter29 (b) Information on how to reeogni2e potential elder and

dependent achtlt abuse and negleet31 (e) Information on ho vIthe eottftt) achtlt proteeti ve serv iees32 agene) investigates reports of knovm or suspeeted abuse and33 negleet34 (d) Instmetions on hovv to report ]movvn or suspeeted ineidents

of abuse and negleet ineltlding the appropriate telephone llt11llbers36 to eall and what rypes of information vvould assist the eount) adult37 proteetirv e sen iees agene) with its in (estigation of the report38 (e) This seetion shall beeome operati e on January I 20 13

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AB 608 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 608Pan

Health care coverage telemedicine

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to health care

httpwww1eginfocagovpubII-12Ibillasmab_0601-0650ab _608_ bill_ 20120201_status 652012

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AB 783 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 783AUTHOR(S) HayashiTOPIC Professional corporations licensed physical therapists

and occupational therapists+LAST AMENDED DATE 04072011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

COMMCOMMCOMM

HIST ACT DATEHIST ACTION

From committeeRule 62(a)

LOCATION SENACTION DATEACTION

06282011In committee Set second hearing Failed passagewithout further action pursuant to Joint

LASTLAST

BUSINESS PROFESSIONS AND ECONOMIC DEVELOPMENT06272011

Set second hearing Failed passage in Committee

TITLE An act to amend Section 2406 of the Business andProfessions Code and to amend Section 134015 of theCorporations Code relating to professional corporations

httpwwwleginfocagovpub11-12billasmab_0751-0800ab_783_bill_20111115_status 652012

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AMENDED IN ASSEMBLY APRIL 7 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 783

Introduced by Assembly Member Hayashi

February 172011

An act to amend Section 2406 of the Business and Professions Codeand to amend Section 134015 of the Corporations Code relating toprofcssiemal eorporations and deelaring the mgeney thereof to tttkeeffeet immediatelyprofessional corporations

LEGISLATIVE COUNSELS DIGEST

AB 783 as amended Hayashi Professional corporations licensedphysical therapists and occupational therapists

Existing law regulating professional corporations provides that certainhealing arts practitioners may be shareholders officers directors orprofessional employees of a medical corporation-er-a podiatric medicalcorporation or a chiropractic corporation subject to certain limitations

This bill would add licensed physical therapists and licensedoccupational therapists to the list of healing arts practitioners who maybe shareholders officers directors or professional employees of thosecorporations The bill would also make conforming changes to a relatedprovision

This bill vv otlld deelare that it is to take etteet immediately as anmgeney statttte

Vote -majority Appropriation no Fiscal committee noState-mandated local program no

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AB783 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 2406 of the Business and Professions2 Code is amended to read3 2406 A medical corporation or podiatry corporation is a4 corporation that is authorized to render professional services as

defined in Sections 13401 and 134015 ofthe Corporations Code6 so long as that corporation and its shareholders officers directors7 and employees rendering professional services who are physicians8 and surgeons psychologists registered nurses optometrists9 podiatrists chiropractors acupuncturists naturopathic doctors

physical therapists or in the case of a medical corporation only11 physician assistants marriage and family therapists or clinical12 social workers are in compliance with the Moscone-Knox13 Professional Corporation Act the provisions of this article and all14 other statutes and regulations now or hereafter enacted or adopted

pertaining to the corporation and the conduct of its affairs16 With respect to a medical corporation or podiatry corporation17 the governmental agency referred to in the Moscone-Knox18 Professional Corporation Act is the board19 SEC 2 Section 134015 of the Corporations Code is amended

to read21 134015 Notwithstanding subdivision (d) of Section 1340122 and any other provision of law the following licensed persons23 may be shareholders officers directors or professional employees24 of the professional corporations designated in this section so long

as the sum of all shares owned by those licensed persons does not26 exceed 49 percent ofthe total number of shares of the professional27 corporation so designated herein and so long as the number of28 those licensed persons owning shares in the professional29 corporation so designated herein does not exceed the number of

persons licensed by the governmental agency regulating the31 designated professional corporation32 (a) Medical corporation33 (1) Licensed doctors of podiatric medicine34 (2) Licensed psychologists

(3) Registered nurses36 (4) Licensed optometrists37 (5) Licensed marriage and family therapists38 (6) Licensed clinical social workers

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-3-

(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists(10) Naturopathic doctors(11) Licensed physical therapists(12)Licensed occupational therapists(b) Podiatric medical corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed optometrists(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(8) Licensed physical therapists(9) Licensed occupational therapists(c) Psychological corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Registered nurses(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed chiropractors(8) Licensed acupuncturists(9) Naturopathic doctors(d) Speech-language pathology corporation(1) Licensed audiologists(e) Audiology corporation(1) Licensed speech-language pathologists(t) Nursing corporation(l) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists

AB783

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AB783 -4-

(10) Naturopathic doctors(g) Marriage and family therapy corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed clinical social workers(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(h) Licensed clinical social worker corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed marriage and family therapists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(i) Physician assistants corporation(1) Licensed physicians and surgeons(2) Registered nurses(3) Licensed acupuncturists(4) Naturopathic doctorsG) Optometric corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(k) Chiropractic corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed acupuncturists(9) Naturopathic doctors

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-5- AB783

(10) Licensed physical therapists(11) Licensed occupational therapists(l) Acupuncture corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed physician assistants(9) Licensed chiropractors(10) Naturopathic doctors(m) Naturopathic doctor corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed physician assistants(5) Licensed chiropractors(6) Licensed acupuncturists(7) Licensed physical therapists(8) Licensed doctors of podiatric medicine(9) Licensed marriage family and child counselors(10) Licensed clinical social workers(11) Licensed optometrists(n) Dental corporation(1) Licensed physicians and surgeons(2) Dental assistants(3) Registered dental assistants(4) Registered dental assistants in extended functions(5) Registered dental hygienists(6) Registered dental hygienists in extended functions(7) Registered dental hygienists in alternative practiceSEC 3 This aet is Ml ttrgene statttte neeessary for the

immediatepresenation of the ptlblie peaee hettlihor saferyvvithinthe meMling of Miele IV of the Constittttion Mld shaHgo intoimmediate effeet The fftets eonstitttting the neeessiry Me

In order to 8t1thorizelieensed physieal therapists to beshareholders offieers mreetors or professional employees of

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1 memeal eorpofatiofts andpodiatrie medieal eorpofatiofts as soOft2 as possible it is fteeessary that this aet tftke dIeet immediately

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AB 800 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 800Huber

Boards and commissions time reporting

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to add Section 1156410 to the Government Coderelating to boards and commissions

httpwwwleginfocagovpubI11-12billasmlab_0751-0800ab _800_ bill_20120201_status 652012

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AB 958 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 958Bill Berryhill

Regulatory boards limitations periods

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to Art IV Sec 10(e) of theFrom committee Filed with the Chiefto Joint Rule 56BUSINESS PROFESSIONS AND CONSUMER PROTECTION

TITLE An act to add Section 1105 to and to repeal Sections16702 22305 296005 3137 375051 498205499032 5561 5661 76865 988420 and 98898 of theBusiness and Professions Code relating to regulatoryboards

httpwwwleginfocagovpub11-12lbillasmlab_0951-1 OOOab_958 _bill_ 20120202_ status 652012

AB 1003 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 1003Smyth

Professional and vocational licenses

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to professional and vocational licenses

httpwwwleginfocagovpubll-12Ibillasmlab_l00l-l 050ab_1003 _bill_2012020 I_statu 652012

-

AB 1205 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1205AUTHOR(S) Bill BerryhillTOPIC Licensed behavior analysts+LAST AMENDED DATE 04042011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to amend Section 499018 of and to add Chapter52 (commencing with Section 252971) to Division 2 ofthe Business and Professions Code relating to healingarts

httpwwwleginfocagovpub11-12billasmab _120 1-1250ab_1205 _bill_20 120201_statu 652012

AB 1435 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1435AUTHOR(S) Dickinson (Coauthors Alejo Buchanan and Hill) TOPIC Child abuse reporting athletic personnelHOUSE LOCATION SEN+LAST AMENDED DATE OS252012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredState-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS for

LASTLAST

APPROPRIATIONSOS252012

Do pass as amendedAyes 17 Noes OOPASS

TITLE An act to amend Section 111657 of the Penal Coderelating to child abuse reporting

httpwww1eginfocagovpub11-12lbiIVasmab_140 1-1450ab _1435 _bill~0120601_statu 652012

AMENDED IN ASSEMBLY MAY 25 2012

AMENDED IN ASSEMBLY MARCH 21 2012

AMENDED IN ASSEMBLY MARCH 142012

AMENDED IN ASSEMBLY FEBRUARY 29 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1435

Introduced by Assembly Member Dickinson(Coauthors Assembly Members Alejo Buchanan and Hill)

January 4 2012

An act to amend Section 111657 of the Penal Code relating to childabuse reporting

LEGISLATIVE COUNSELS DIGEST

AB 1435 as amended Dickinson Child abuse reporting athleticpersonnel

Existing law the Child Abuse and Neglect Reporting Act requiresa mandated reporter as defined to report whenever he or she in his orher professional capacity or within the scope of his or her employmenthas knowledge of or observed a child whom the mandated reporterknows or reasonably suspects has been the victim of child abuse orneglect Failure to report an incident is a crime punishable byimprisonment in a county jail for a period of up to 6 months a fine ofup to $1000 or by both that imprisonment and fine

This bill would add athletic coaches athletic administrators andathletic directors employed by a public or private organization to thelist of individuals who are mandated reporters The bill otlld reqtlirean ptlblie or pri v ate orgflftizationernplo ing flftathletieeoaen Mhletie

95

~

AB 1435 -2-

ftdministrator or Mhletie direetor to hftve provided initiftl trftining byJflfttlM) I 2014 on speeified mfttters relMing to ehiM a-bttse ftftdnegleetfor those employees On ftftd ftfter lftnuftry 12014 the bill vvottld reeJtlireinitiftl trftining to be pro vided IV ithin 6 months of the dMe ftn indi vidttftlbeeomes employed in thM eftlfteiry The bill vvouM require theseindividuftls to eomplete eontifttling tminmg every 2 yeMs

By imposing the reporting requirements on a new class of personsfor whom failure to report specified conduct is a crime ftftdby imposingne~ trftining reeJtlirements on publie oIgftfiiZMions ineluding loeftlgOvernment entities this bill would impose a state-mandated localprogram

The Cftlifomift Constittltion reqtlires the stMe to reimbtlfse loeftlftgeneies ftnd sehool distriets for eertftin eosts mftftdMed by the stftteStftttltory pItYvisions esffiblish proeedtlfes for mftkffigthftt reimbtlfsement

This bill hould pro vide thM 4vith regMd to eertftin mftftdfttes noIeimbtlfsement is reeJtlired by this ftet for ft speeified reftson

Vith regftM to ftny other mftndMeS this bill vv0tlM pro vide thM if theCommission on StMe ~bndtltes determines thM the bill eontftins eostsso mftndftted by the stftte reimbttIsement for those eosts shftll be mftdeptlfStlftnt to the stftttltory pro visions noted ttbo ve

The California Constitution requires the state to reimburse localagencies and school districts for certain costs mandated by the stateStatutory provisions establish procedures for making thatreimbursement

This bill would provide that no reimbursement is required by this actfor a specified reason

Vote majority Appropriation no Fiscal committee yesState-mandated local program yes

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 111657 of the Penal Code is amended2 to read3 111657 (a) As used in this article mandated reporter is4 defined as any of the following5 (1) A teacher6 (2) An instructional aide7 (3) A teachers aide or teachers assistant employed by any8 public or private schooL9 (4) A classified employee of any public schooL

95

T

5

10

15

20

25

30

35

40

-3- AB 1435

1 (5) An administrative officer or supervisor of child welfare and2 attendance or a certificated pupil personnel employee of any public3 or private school4 (6) An administrator of a public or private day camp

(7) An administrator or employee of a public or private youth6 center youth recreation program or youth organization7 (8) An administrator or employee of a public or private8 organization whose duties require direct contact and supervision9 of children

(9) Any employee of a county office of education or the State11 Department of Education whose duties bring the employee into12 contact with children on a regular basis13 (10) A licensee an administrator or an employee of a licensed14 community care or child day care facility

(11) A Head Start program teacher16 (12) A licensing worker or licensing evaluator employed by a17 licensing agency as defined in Section 111651118 (13) A public assistance worker19 (14) An employee of a child care institution including but not

limited to foster parents group home personnel and personnel of21 residential care facilities22 (15) A social worker probation officer or parole officer23 (16) An employee of a school district police or security24 department

(17) Any person who is an administrator or presenter of or a26 counselor in a child abuse prevention program in any public or27 private school28 (18) A district attorney investigator inspector or local child29 support agency caseworker unless the investigator inspector or

caseworker is working with an attorney appointed pursuant to31 Section 317 of the Welfare and Institutions Code to represent a32 mmor33 (19) A peace officer as defined in Chapter 45 (commencing34 with Section 830) of Title 3 of Part 2 who is not otherwise

described in this section36 (20) A firefighter except for volunteer firefighters37 (21) A physician and surgeon psychiatrist psychologist dentist38 resident intern podiatrist chiropractor licensed nurse dental39 hygienist optometrist marriage and family therapist clinical social

worker professional clinical counselor or any other person who

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101112131415161718192021222324252627282930313233343536373839

AB 1435 -4-

is currently licensed under Division 2 (commencing with Section500) of the Business and Professions Code

(22) Any emergency medical technician I or II paramedic orother person certified pursuant to Division 25 (commencing withSection 1797) of the Health and Safety Code

(23) A psychological assistant registered pursuant to Section2913 of the Business and Professions Code

(24) A marriage and family therapist trainee as defined insubdivision (c) of Section 498003 of the Business and ProfessionsCode

(25) An unlicensed marriage and family therapist internregistered under Section 498044 of the Business and ProfessionsCode

(26) A state or county public health employee who treats a minorfor venereal disease or any other condition

(27) A coroner(28) A medical examiner or any other person who performs

autopsies(29) A commercial film and photographic print processor as

specified in subdivision (e) of Section 11166 As used in thisarticle commercial film and photographic print processor meansany person who develops exposed photographic film into negativesslides or prints or who makes prints from negatives or slides forcompensation The term includes any employee of such a personit does not include a person who develops film or makes prints fora public agency

(30) A child visitation monitor As used in this article childvisitation monitor means any person who for financialcompensation acts as monitor of a visit between a child and anyother person when the monitoring of that visit has been orderedby a court of law

(31) An animal control officer or humane society officer Forthe purposes ofthis article the following terms have the followingmeanings

(A) Animal control officer means any person employed by acity county or city and county for the purpose of enforcing animalcontrol laws or regulations

(B) Humane society officer means any person appointed oremployed by a public or private entity as a humane officer who is

95

123456789

10111213141516171819202122232425262728293031323334353637383940

-5- AB 1435

qualified pursuant to Section 14502 or 14503 of the CorporationsCode

(32) A clergy member as specified in subdivision (d) of Section11166 As used in this article clergy member means a priestminister rabbi religious practitioner or similar functionary of achurch temple or recognized denomination or organization

(33) Any custodian of records of a clergy member as specifiedin this section and subdivision (d) of Section 11166

(34) Any employee of any police department county sheriffsdepartment county probation department or county welfaredepartment

(35) An employee or volunteer of a Court Appointed SpecialAdvocate program as defined in Rule 1424 ofthe California Rulesof Court

(36) A custodial officer as defined in Section 8315(37) Any person providing services to a minor child under

Section 12300 or 123001 of the Welfare and Institutions Code(38) An alcohol and drug counselor As used in this article an

alcohol and drug counselor is a person providing counselingtherapy or other clinical services for a state licensed or certifieddrug alcohol or drug and alcohol treatment program Howeveralcohol or drug abuse or both alcohol and drug abuse is not inand of itself a sufficient basis for reporting child abuse or neglect

(39) A clinical counselor trainee as defined in subdivision (g)of Section 499912 of the Business and Professions Code

(40) A clinical counselor intern registered under Section 499942of the Business and Professions Code

(41) An athletic coach athletic administrator or athletic directoremployed by a public or private organization including but notlimited to schools and instittttions of higher e6ueation thatprovidekindergarten or any of grades 1 to 12 inclusive

(b) Except as provided in paragraph (35) of subdivision (a)volunteers of public or private organizations whose duties requiredirect contact with and supervision of children are not mandatedreporters but are encouraged to obtain training in the identificationand reporting of child abuse and neglect and are further encouragedto report known or suspected instances of child abuse or neglectto an agency specified in Section 111659

(c) Employers are strongly encouraged to provide theiremployees who are mandated reporters with training in the duties

95

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101112131415161718192021222324252627282930313233343536373839

AB 1435 -6-

imposed by this article This training shall include training in childabuse and neglect identification and training in child abuse andneglect reporting Whether or not employers provide theiremployees with training in child abuse and neglect identificationand reporting the employers shall provide their employees whoare mandated reporters with the statement required pursuant tosubdivision (a) of Section 111665

(d) School districts that do not train their employees specifiedin subdivision (a) in the duties of mandated reporters under thechild abuse reporting laws shall report to the State Department ofEducation the reasons why this training is not provided

(e) Unless otherwise specifically provided the absence oftraining shall not excuse a mandated reporter from the dutiesimposed by this article

(f) Public and private organizations are encouraged to providetheir volunteers whose duties require direct contact with andsupervision of children with training in the identification andreporting of child abuse and neglect

(g) (1) On 6r befure Jttmtary 1 2014 ttll) pttblie 6r privflie6rganizttti6ftemp16ing ttft Mhletie e6tteh Mhletie ttdmimstrltt6r6r Mhletie direet6r ttSspeeified ift pMttgrttph (41) 6f sttbdivisi6ft(tt) shttll pr6 vide iftitittl trttining f6r th6se empl~ ees 6n thefull6vvingmtttters

(A) The identifiettti6n 6f ehild ttbttse ttnd negleet(D) Aeti vities thttt e6ftstitttte inltppr6prittte ttftd illegttl e6ntttet

betiveen tt 6tlth ltftd ltft ttthietie e6tteh Mhletie ttdmiftistrttt6r 6rttthietie direet6r

(6) The resp6nsibilities 6f tt pers6n identified lIStt mttndfliedrep6rter in this seeti6n ineIttding btl ft6t limited t6 ttll 6f thefull6 vving

(i) T6 ~h6m tt rep6rt is reqtlired t6 be mttde(ii) The inf6rmttti6n thttt is reqttired t6 be ifte1ttdedin tt rep6rt(iii) The time vvithiftvvhieha mandated rep6rter is reqttired t6

file tt rep6rt(2) Initittl training shall be pr6vided b perS6ftSkn6vvledgeltble

ift the identifiettti6n 6fehild aettse ttnd negleet inltppf6prittte ltftdillegal e6ntaet bem eena 6ttth and ltftadttIt ltftdstatttt6ry rep6rtingreqttiremeftts ltftdshttll e6nsist 6ftw6 h6ttrs 6felassr66m 6r 6therinteraetive trainiftg ltftdedttettti6n

95

-7- AB 1435

1 (h) Commeneing on fmd aftel Jfmtlftry12014 fmofgfmization2 speeified in sttbdivision (g) shaHpro ide initial training within six3 months of the date that fm individtutl beeomes empleryed as an4 Mhletie eoaeh athletie administrator or athletie direetor ttnless5 the indi idttal reeei ed training Hithin tw0 years prior to the date6 the indi idtlal is empleryed An Mhletie eoaeh athletie7 administrator or athletie direetor Hho has leeeied initial training8 ptlfStlafttto sttbdiision (g) shall eomplete eontifttling training9 thereafter onee eery two years eonsisting of one hottf of

10 elassroom or other interaeti e training fmd edtteation11 SEC 2 No reimbtlrsement is reqtlired by this aet pttfStlafttto12 Seetion 6 ofArtiele )GIlD of the California Constitution for eertain13 eosts that may be inetllTed by a loeal ageney or sehool distriet14 beeatlse ift that regard this aet ereates a nev erime or infraetion15 eliminates a erime or infraetion or ehfmges the penalty fOfa erime16 or inflaetion Hithin the meaning of Seetion 17556 of the17 Goemment Code or ehanges the definition ofa elime Hithin the18 meaning of Seetion 6 of Aniele XIII D of the Califomia19 Constitution20 IIo~eer if the Commission on State Mfmdates determines that21 this aet eontainsother eosts mfmdated by the state reimbttfsement22 to loeal ageneies fmd sehool distliets for those eosts shall be made23 ptlfStlafttto Part 7 (eommeneing Hith Seetion 17500) of Division24 4 of Title 2 of the Goemment Code25 SEC 2 No reimbursement is required by this act pursuant to26 Section 6 of Article XIII B of the California Constitution because27 the only costs that may be incurred by a local agency or school28 district will be incurred because this act creates a new crime or29 infraction eliminates a crime or infraction or changes thepenalty30 for a crime or infraction within the meaning of Section 17556 of31 the Government Code or changes the definition of a crime within32 the meaning of Section 6 of Article XIII B of the California33 Constitution

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95

AB 1904 Assembly Bill Status

MEASURE AUTHOR(S)TOPIC

HOUSE

CURRENT BILL STATUS

AB No 1904Block Butler and

Professions and vocationslicenses

LOCATION

Cookmilitary spouses temporary

TYPE OF BILL

SEN

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyAppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpub11-12billasmab _1901-1950ab _1904_ bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes Noes OOPASS17

An act to add Section 1155 to the Business andProfessions Code relating to professions and vocationsand making an appropriation therefor

-

AB 1588 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1588AUTHOR(S) Atkins (Principal coauthors Cook and Nielsen)

(Coauthors Block Beth Gaines Pan V Manuel PerezWilliams and Yamada)

TOPIC Professions and vocations reservist licensees fees andcontinuing education

HOUSE LOCATION SEN+LAST AMENDED DATE 03052012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS forLAST

LAST

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

TITLE An act to add Section 1143 to the Business andProfessions Code relating to professions and vocations

htlpllwwwleginfocagovpubll-12Ibillasmlab _1551-1600ab _1588 _bill_20120601_statu 652012

middot

AMENDED IN ASSEMBLY MARCH 5 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1588

Introduced by Assembly Member Atkins(Principal coauthors Assembly Members Cook and Nielsen)

(Coauthors Assembly Members Block Beth Gaines PanV Manuel Perez Williams and Yamada)

February 6 2012

An act to add Section 1143 to the Business and Professions Coderelating to professions and vocations

LEGISLATIVE COUNSELS DIGEST

AB 1588 as amended Atkins Professions and vocations reservistlicensees fees and continuing education

Existing law provides for the regulation of various professions andvocations by boards commissions or bureaus within the Departmentof Consumer Affairs and for the licensure or registration of individualsin that regard Existing law authorizes any licensee whose licenseexpired while he or she was on active duty as a member of the CaliforniaNational Guard or the United States Armed Forces to reinstate his orher license without examination or penalty if certain requirements aremet

This bill would require the boards commissions or bureaus describedabove to waive the renewal fees and continuing education requirementsif either is applicable of any licensee or registrant who is a reservistcalled to active duty as a member of the United States Military Reserveor the California National Guard if certain requirements are met

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

98

AB 1588 -2-

Thepeople of the State of Califomi a do enact asfollows

1 SECTION 1 Section 1143 is added to the Business and2 Professions Code to read3 1143 Notwithstanding any other provision oflaw everyboard4 commission or bureau within the department shall waive the5 renewal fees and continuing education requirements if either is6 applicable for any licensee or registrant who is a reservist called7 to active duty as a member of the United States Military Reserve8 or the California National Guard if all of the following9 requirements are met

10 (a) The licensee or registrant was in good standing with the11 board commission or bureau at the time the reservist was called12 to active duty13 (b) The renewal fees or continuing education requirements are14 waived only for the period during which the reservist is on active15 duty service16 (c) The active duty reservist or the active duty reservists spouse17 or registered domestic partner provides written notice satisfactory18 to the board commission or bureau that substantiates the19 reservists active duty service

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98

AB 1896 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1896AUTHOR(S) ChesbroTOPIC Tribal health programs health care practitionersHOUSE LOCATION SEN+LAST AMENDED DATE 03272012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATIONCOMM ACTION DATECOMM ACTIONCOMM VOTE SUMMARY

ASM

05172012Referred to Com on B P amp EDBUSINESS PROFESSIONS AND CONSUMER PROTECTION04102012

Do passAyes 09 Noes OOPASS

TITLE An act to amend the heading of Article 10 (commencingwith Section 710) of Chapter 1 of Division 2 of and toadd Section 719 to the Business and Professions Coderelating to healing arts

httpwwwleginfocagovpubI11-12lbillasmab_1851-1900ab_1896_bill_20120517 _statu 652012

-

AMENDED IN ASSEMBLY MARCH 27 2012

CALIFORNIA LEGISLATURE-20II-12 REGULAR SESSION

ASSEMBLY BILL No 1896

Introduced by Assembly Member Chesbro

February 222012

An act to amend the heading of Article 10 (commencing with Section710) of Chapter 1 of Division 2 of and to add Section 719 to theBusiness and Professions Code relating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1896 as amended Chesbro Tribal health programs health carepractitioners

Under existing federal law licensed health professionals employedby a tribal health program are required to be exempt if licensed in anystate from the licensing requirements of the state in which the tribalhealth program performs specified services A tribal health program isdefined as an Indian tribe or tribal organization that operates any healthprogram service function activity or facility funded in whole or partby the Indian Health Service

Existing law provides for the licensure and regulation of health carepractitioners by various healing arts boards within the Department ofConsumer Affairs

This bill would codify that federal requirement by specifying that aperson who is licensed as a health care practitioner in any other stateand is employed by a tribal health program is exempt from any statelicensing requirement with respect to acts authorized under thepersonslicense where the tribal health program performs specified services

Vote majority Appropriation no Fiscal committee noState-mandated local program no

98

AD 1896 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 The heading of Article 10 (commencing with2 Section 710) of Chapter 1 of Division 2 of the Business and3 Professions Code is amended to read456789

101112131415161718192021

Article 10 Federal Personnel and Tribal Health Programs

SEC 2 Section 719 is added to the Business and ProfessionsCode to read

719 (a) A person who is licensed as a health care practitionerin any other state and is employed by a tribal health program asdefined in Section 1603 of Title 25 of the United States Code shallbe exempt from any licensing requirement described in this divisionwith respect to acts authorized under the persons license wherethe tribal health program performs the services described in thecontract or compact of the tribal health program under the IndianSelf-Determination and Education Assistance Act (25 USC Sec450 et seq)

(b) For purposes of this section health care practitioner meansany person who engages in acts that are the subject of licensureor regulation under this division or Ml) initiative 8et referred to inthis division the law of any other state

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98

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1904

Introduced by Assembly Members Block Butler and Cook

February 222012

An act to add Section 1155 to the Business and Professions Coderelating to professions and vocations and making an appropriationtherefor

LEGISLATIVE COUNSELS DIGEST

AB 1904 as introduced Block Professions and vocations militaryspouses temporary licenses

Existing law provides for the licensure and regulation of variousprofessions and vocations by boards within the Department of ConsumerAffairs Existing law provides for the issuance of reciprocal licenses incertain fields where the applicant among other requirements has alicense to practice within that field in another jurisdiction as specifiedUnder existing law licensing fees imposed by certain boards withinthe department are deposited in funds that are continuously appropriated

This bill would authorize a board within the department to issue atemporary license to an applicant who among other requirements holdsan equivalent license in another jurisdiction as specified and is marriedto or in a legal union with an active duty member of the Armed Forcesofthe United States who is assigned to a duty station in California underofficial active duty military orders The bill would require a board toexpedite the process for issuing these temporary licenses The bill wouldrequire the applicant to pay any fees required by the board and wouldrequire that those fees be deposited in the fund used by the board toadminister its licensing program To the extent that the bill would

99

AB 1904 -2-

increase the amount of money deposited into a continuously appropriatedfund the bill would make an appropriation

Vote majority Appropriation yes Fiscal committee yesState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 1155 is added to the Business and2 Professions Code to read3 1155 (a) A board within the department may issue a4 temporary license to an applicant who meets all of the following5 requirements6 (l) Submits an application in the manner prescribed by the7 board8 (2) Supplies evidence satisfactory to the board that the applicant9 is married to or in a domestic partnership or other legal union

10 with an active duty member of the Armed Forces of the United11 States who is assigned to a duty station in this state under official12 active duty military orders13 (3) Holds a current license in another state district or territory14 of the United States with the requirements that the board determines15 are substantially equivalent to those established under this code16 for that occupation17 (4) Has not committed an act in anyjurisdiction that would have18 constituted grounds for denial suspension or revocation of the19 license under this code at the time the act was committed20 (5) Has not been disciplined by a licensing entity in another21 jurisdiction and is not the subject of an unresolved complaint22 review procedure or disciplinary proceeding conducted by a23 licensing entity in another jurisdiction24 (6) Pays any fees required by the board Those fees shall be25 deposited in the applicable fund or account used by the board to26 administer its licensing program27 (7) Submits fingerprints and any applicable fingerprinting fee28 in the manner required of an applicant for a regular license29 (b) A board shall expedite the procedure for issuing a temporary30 license pursuant to this section31 (c) A temporary license issued under this section shall be valid32 for 180 days except that the license may at the discretion of the

99

-3- AB 1904

I board be extended for an additional180-day period on application2 of the license holder3 (d) A board may adopt regulations necessary to administer this4 section

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99

AB 1932 Assembly Bill Status

MEASURE AUTHOR(S)TOPICHOUSE+LAST

CURRENT BILL STATUS

AB No 1932Gorell (Coauthor Cook)

United States armed services healing arts boardsLOCATION SENAMENDED DATE 04172012

TYPE OF BILL

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpubI11-12Ibillasmab_1901-1950ab_1932_bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

An act to add Section 7102 to the Business andProfessions Code relating to healing arts

-

AMENDED IN ASSEMBLY APRIL 172012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1932

Introduced by Assembly Member-Ceek Gorell(Coauthor Assembly Member Cook)

February 222012

An act to add Section 7102 to the Business and Professions Coderelating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1932 as amended euroook Gorell United States armed serviceshealing arts boards

Existing law provides for the licensure and regulation of varioushealing arts professions and vocations by boards within the Departmentof Consumer Affairs Existing law requires the rules and regulations ofthese healing arts boards to provide for methods of evaluating educationtraining and experience obtained in military service if such training isapplicable to the requirements of the particular profession or vocationregulated by the board Under existing law the Department of VeteransAffairs has specified powers and duties relating to various programsserving veterans

This bill would require by January 12014 and annually thereafterevery healing arts board to issue a specified written report to theDepartment of Veterans Affairs and the Legislature as specified thatclearly details the methods of evaluating the education training andexperience obtained in military service and whether that educationtraining and experience is applicable to the boards requirements forlicensure The bill would declare the intent of the Legislature in thisregard

98

AB 1932 -2-

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 710 of the Business and Professions Code2 was enacted in 1969 and because healing arts boards have not3 demonstrated significant compliance with that section it is the4 intent of the Legislature to establish an annual reporting5 requirement to compel these boards to provide information about6 the methods of evaluating education training and experience7 obtained in military service in order to meet the needs of the8 upcoming wave of armed service members returning to civilian9 life

10 SEC 2 Section 7102 is added to the Business and Professions11 Code to read12 7102 (a) By January 12014 and annually thereafter every13 healing arts board described in this division shall issue a written14 report to the Department of Veterans Affairs and to the Legislature15 that clearly details the methods of evaluating the education16 training and experience obtained in military service and whether17 that education training and experience is applicable to the boards18 requirements for licensure This written report shall include but19 not be limited to quantitative information about the number of20 service members who have applied for and have used their military21 education training and experience to fulfill the boards22 requirements for licensure23 (b) (1) The requirement to submit a report to the Legislature24 under subdivision (a) shall be inoperative on January 1 201825 pursuant to Section 102315 of the Government Code26 (2) A report to the Legislature shall be submitted in compliance27 with Section 9795 of the Government Code

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98

  • Page 1
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      • AGENDA ITEM 4
      • DISCUSSION AND POSSIBLE ACTION REGARDING PENDING LEGISLATION
      • ~l
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                  • AB 171 Assembly Bill- Status
                  • Page 1 of 1
                  • httpwww1eginfocagovpub11-12lbillasmab_0 151-0200ab _171_ bill_20120306 _status 652012
                      • Page 3
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                          • ASSEMBLY BILL
                          • No 171
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Page 11: DISCUSSION ANDPOSSIBLE ACTION REGARDING PENDING … · 2012-06-14  · Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of2010 (PublicLaw 111-152)

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-9- AB 171

reqtlired to be pIovided if otIered b~ a health iftsttIfmee polieyotltside of the Exehflftge

(h) Notwithstanding subdivision (a) on and after January 12014 this section does not require any benefits to beprovided thatexceed the essential health benefits that all health plans will berequired byfederal regulations to provide under Section 1302(b)of thefederal Patient Protection and Affordable Care Act (PublicLaw 111-148) as amended by the federal Health Care andEducation Reconciliation Act of 2010 (Public Law 111-152)

(i) As used in this section the following terms shall have thefollowing meanings

(1) Atttism speetIttm disorder meflftS a ftettrobiologieaeoftditioft thM ifteltldes atttistie disorder AspergeIs disorder Rertsdisorder ehildhood disiffiegrMi ve disorder flftd per- asivede velopmemal disorder ftot otheIvise speeified

(2) Dehav iora health treatmem meflftS professioftal servieesand treatmem pf6grMlls ineluding beha vioral intergtentioft therapyapplied beha vioral flft~ sis flftd other imeftsi ve beha vioraprograms thM ha ve demonstrated effie~ to de velop maiffifliftor restore to the maximttm extem pIaetieable the fttftetioftiftg orquality of life of aft individttal and thM have beeft demoftstrMedto treat the eore s~mptoms assoeiMed fv ith atttism speetrumdisorder

(3) Dehavioral imer-efttioft thera~ meaftS the desigftimplememMioft flftd eJalttMioft of eftviromnemal modifieMioftsusiftg behavioral stimuli flftd eoftseqtleftees to produee soeiallysigftifieam improvement ift behflviOfs ifteludiftg the use of direetobser- Mioft meastlI emem flftd fuftetional flftaryses of therelMioftship betveen en viromneftt flftd beha viorf41(1) Diagnosis of atltism speetrtlm disoIders pervasive

developmental disorder or autism means medically necessaryassessment evaluations or tests to diagnose whether an individualhas ofte of the atltism speetrtim disorders pervasive developmentaldisorder or autism

(5) Evidenee based researeh meaftS research that appliesrigorotls s~stemMie and obj eetive proeedttres to obtaift validkftowledge re1eam to atttism speetrtlm disorders

(2) Pervasive developmental disorder or autism shall havethe same meaning and interpretation as used in Section 137472

96

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AB 171 -10-

t61(3) Pharmacy care means medications prescribed by a licensed

physician and surgeon or other appropriately licensed or certifiedprovider and any health-related services deemed medicallynecessary to determine the need or effectiveness of the medications

ffl(4) Psychiatric care means direct or consultative psychiatric

services provided by a psychiatrist or ftny other ftlpropritttelylieensed or eertified pro vider licensed in the state in which he orshe practices

t81(5) Psychological care means direct or consultative

psychological services provided by a psychologist or fm)i otherflPproprifttely lieensed or eertified provider licensed in the state inwhich he or she practices

(9) Quftlified fttltism serviee provider shftll inelude ftftyntttionftlry or stttte lieensed or eertified person entity or gIOtlp thtttdesigns sttpeIv ises or pro vides trefttment of fttttism speetI mndisorders ftndthe tlftlieensed pel sonnel Stlpen ised b the lieensedor eertified person entity or grotlp pro vided the sen iees Mefv ithin the experienee ftnd seope of prftetiee of the lieensed oreertified person entity or grotlp Qtlftlified fttltism senieepm vider shftllmso include ftft serviee pro vider thttt is vendorizedb ftregionM eenter to pro vide those sftme sen iees fur fttltismspeetrttm disorders tlftder DiVisioft 45 (eommeneiftg with Seetion4588) of the WeIfMe ftftd Instittttions Code or Title 14(eommefteiftg vvith Seetion 95888) of the GOvernment Code ftftdthe tlftlieensed personnel stlpen ised b thftt pro vider 01 ftStttteDepMtment of Edtlefttion nonpttblie ftonseetftriftft ftgene ftSdefifted in Seetioft 56835 of the Edtletttion Code flPProved 16pro vide those SMIlesen iees fuI fttltism speetrttm disorders and thetlftlieensed personnel supen ised b thttt ftgene A qttft1ifiedfttltismsen ice pro vider shftll ensttre eriminm bftekgrotlftd sereening ftftdfingerprintiftg ftftd ftdequttte trftining ftftd Stlpen isioft of allpersonnel tttilized to implement sen iees An ntttionftllieense oreertifietttion reeogftized b this seetion shftllbe fteeredited by theNtttioftm Commission fur Certifyiftg Agencies (NCCA)

fWt(6) Therapeutic care means services provided by a licensed

or certified speech therftlists therapist an occupational therftpists

96

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-11- AB 171

therapist or a physical therapists ~r an) ~ther appropriatelylieensed ~r eertihed pr~ bullbullider therapist

tH1(7) Treatment for atrtism speetmm dis~rders pervasive

developmental disorder or autism means all of the followingcare including necessary equipment that develops maintains orrestores to the maximum extent practicable the functioning orquality of life of an individual with pervasive developmentaldisorder or autism and is prescribed or ordered for an individualdiagnosed with ~ne ~f the atttism speetmm dis~Iders pervasivedevelopmental disorder or autism by a licensed physician andsurgeon or a licensed psychologist ~r an) ~ther appIopIiMelyHeensed ~r eertihed pr~vider who determines the care to bemedically necessary

(A) Behlh i~r8lhealth treatmenttB1(A) Pharmacy care if the policy includes coverage for

prescription drugsfeuro7(B) Psychiatric caretB1(C) Psychological care(E1(D) Therapeutic care(F) Any eare fur indi viduals Vol ith autism speetrum dis~rders

thM is dem~nstrMed based up~n best praetiees ~r evidenee basedreseareh t~ be mediealry neeessary

(8) Treatmentfor pervasive developmental disorder or autismdoes not include behavioral health treatment as defined in Section1014451

U) This section with the exception of subdivision (b) shall notapply to dental-only or vision-only health insurance policies

SEC 3 No reimbursement is required by this act pursuant toSection 6 of Article XIII B of the California Constitution becausethe only costs that may be incurred by a local agency or schooldistrict will be incurred because this act creates a new crime orinfraction eliminates a crime or infraction or changes the penaltyfor a crime or infraction within the meaning of Section 17556 ofthe Government Code or changes the definition of a crime within

96

AB 374 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASUREAUTHOR (S)TOPICHOUSE+LAST

AB NoHayashi

AthleticLOCATIONAMENDED DATE

374

SENOS272011

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

the request ofCOMM LOCATION

06162011In committee

authorSEN BUSINESS

Set first hearing Hearing canceled at

PROFESSIONS AND ECONOMIC DEVELOPMENT

TITLE An act to add Chapter 27 (commencing with Section18898) to Division 8 of the Business and ProfessionsCode relating to athletic trainers

httpwwwleginfocagovpub11-12billasmab_0351-0400ab_374_bill_20 652012

AB 386 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 386AUTHOR(S) GalgianiTOPIC Prisons telehealth systems+LAST AMENDED DATE 05112011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to add Section 50233 to the Penal Code relatingto prisoners

httpwww1eginfocagovpubI11-12lbillasmab_ 0351-0400ab _386_ bill_20120201_status 652012

-

AB 439 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPICHOUSE+LAST

AB No 439Skinner

Health care informationLOCATION SENAMENDED DATE 06282011

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 07052011LAST HIST ACTION In committee Set first hearing Held without

recommendationCOMM LOCATION SEN JUDICIARY

TITLE An act to amend Section 5636 of the Civil Coderelating to health care information

httpwwwleginfocagovpub11-12billasmab_0401-0450ab _439 _bill_20120509 _status 652012

-

AMENDED IN SENATE JUNE 28 2011

AMENDED IN ASSEMBLY MAY 182011

AMENDED IN ASSEMBLY APRIL 7 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 439

Introduced by Assembly Member Skinner

February 142011

An act to amend Section 5636 of the Civil Code relating to healthcare information

LEGISLATIVE COUNSELS DIGEST

AB 439 as amended Skinner Health care informationExisting law the Confidentiality of Medical Information Act (CMIA)

prohibits a health care provider a contractor or a health care serviceplan from disclosing medical information as defined regarding a patientof the provider or an enrollee or subscriber of the health care serviceplan without first obtaining an authorization except as specified Inaddition to other remedies available existing law authorizes anindividual to bring an action against any person or entity who hasnegligently released his or her confidential records in violation ofthoseprovisions for nominal damages of$lOOO

This bill would specify that in an action brought on or after January1 2012 a court may not award nominal damages if the defendantestablishes specified factors as an affirmative defense including butnot limited to that it is a covered entity as defined and has compliedwith any obligations to notify persons entitled to receive notice regardingthe release of the information The bill would also make a technicalnonsubstantive change

96

AB439 -2-

Vote majority Appropriation no Fiscal committee noState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 5636 of the Civil Code is amended to2 read3 5636 (a) Any violation of the provisions of this part that4 results in economic loss or personal injury to a patient is punishable5 as a misdemeanor6 (b) In addition to any other remedies available at law any7 individual may bring an action against any person or entity who8 has negligently released confidential information or records9 concerning him or her in violation of this part for either or both

10 of the following11 (1) Except as provided in subdivision (e) nominal damages of12 one thousand dollars ($1000) In order to recover under this13 paragraph it shall not be necessary that the plaintiff suffered or14 was threatened with actual damages15 (2) The amount of actual damages if any sustained by the16 patient17 (c) (l) In addition any person or entity that negligently18 discloses medical information in violation of the provisions of this19 part shall also be liable irrespective of the amount of damages20 suffered by the patient as a result of that violation for an21 administrative fine or civil penalty not to exceed two thousand22 five hundred dollars ($2500) per violation23 (2) (A) Any person or entity other than a licensed health care24 professional who knowingly and willfully obtains discloses or25 uses medical information in violation of this part shall be liable26 for an administrative fine or civil penalty not to exceed twenty-five27 thousand dollars ($25000) per violation28 (B) Any licensed health care professional who knowingly and29 willfully obtains discloses or uses medical information in violation30 of this part shall be liable on a first violation for an administrative31 fine or civil penalty not to exceed two thousand five hundred32 dollars ($2500) per violation or on a second violation for an33 administrative fine or civil penalty not to exceed ten thousand34 dollars ($10000) per violation or on a third and subsequent35 violation for an administrative fine or civil penalty not to exceed

96

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-3- AB439

twenty-five thousand dollars ($25000) per violation Nothing inthis subdivision shall be construed to limit the liability of a healthcare service plan a contractor or a provider of health care that isnot a licensed health care professional for any violation of thispart

(3) (A) Any person or entity other than a licensed health careprofessional who knowingly or willfully obtains or uses medicalinformation in violation of this part for the purpose of financialgain shall be liable for an administrative fine or civil penalty notto exceed two hundred fifty thousand dollars ($250000) perviolation and shall also be subject to disgorgement of any proceedsor other consideration obtained as a result of the violation

(B) Any licensed health care professional who knowingly andwillfully obtains discloses or uses medical information in violationofthis part for financial gain shall be liable on a first violation foran administrative fine or civil penalty not to exceed five thousanddollars ($5000) per violation or on a second violation for anadministrative fine or civil penalty not to exceed twenty-fivethousand dollars ($25000) per violation or on a third andsubsequent violation for an administrative fine or civil penalty notto exceed two hundred fifty thousand dollars ($250000) perviolation and shall also be subject to disgorgement of any proceedsor other consideration obtained as a result ofthe violation Nothingin this subdivision shall be construed to limit the liability of ahealth care service plan a contractor or a provider of health carethat is not a licensed health care professional for any violation ofthis part

(4) Nothing in this subdivision shall be construed as authorizingan administrative fine or civil penalty under both paragraphs (2)and (3) for the same violation

(5) Any person or entity who is not permitted to receive medicalinformation pursuant to this part and who knowingly and willfullyobtains discloses or uses medical information without writtenauthorization from the patient shall be liable for a civil penalty notto exceed two hundred fifty thousand dollars ($250000) perviolation

(d) In assessing the amount of an administrative fine or civilpenalty pursuant to subdivision (c) the Office of HealthInformation Integrity licensing agency or certifying board orcourt shall consider anyone or more of the relevant circumstances

96

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AB439 -4-

presented by any of the parties to the case including but not limitedto the following

(1) Whether the defendant has made a reasonable good faithattempt to comply with this part

(2) The nature and seriousness of the misconduct(3) The harm to the patient enrollee or subscriber(4) The number of violations(5) The persistence of the misconduct(6) The length of time over which the misconduct occurred(7) The willfulness of the defendants misconduct(8) The defendants assets liabilities and net worth(e) (1) In an action brought by an individual pursuant to

subdivision (b) on or after January 12012 the court shall awardany actual damages and reasonable attorneys fees and costs butmay not award nominal damages for a violation of this part if thedefendant establishes all of the following as an affirmative defense

(A) The defendant is a covered entity as defined in Section160103 of Title 45 of the Code of Federal Regulations

(B) The defendant has complied with any obligations to notifyall persons entitled to receive notice regarding the release of theinformation or records

(C) The release of confidential information or records was solelyto another covered entity

(D) The defendant took appropriate preventive actions to protectthe confidential information or records against release retentionor use by any person or entity other than the covered entity thatreceived the information or records including but not limited to

(i) Developing and implementing security policies andprocedures

(ii) Designating a security official who is responsible fordeveloping and implementing its security policies and proceduresincluding educating and training the workforce

(iii) Encrypting the information or records and protectingagainst the release or use of the encryption key and passwords ortransmitting the information or records in a manner designed toprovide similar protections against improper disclosures

(E) The defendant took appropriate corrective action after therelease of the confidential records or information and the coveredentity that received the information or records immediatelydestroyed or returned the information or records

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-5- AB439

(F) The covered entity that received the confidential informationor records did not retain use or release the information or records

(G) The defendant has not Ifeviettsl) vielateti this IMt ef inthe eettrls tiisefetieft tieslite the Ifief vielatieftbeenfound liablefor a violation of this part within the three years preceding thealleged violation or the court determines that application of theaffirmative defense is found to be compelling and consistent withthe purposes ofthis section to promote reasonable conduct in lightof all the facts

(2) In an action under this subdivision a plaintiff shall beentitled to recover reasonable attorneys fees and costs withoutregard to an award of actual or nominal damages

(3) A defendant shall not be liable for more than one judgmenton the merits for a violation of this subdivision

(f) (1) The civil penalty pursuant to subdivision (c) shall beassessed and recovered in a civil action brought in the name of thepeople of the State of California in any court of competentjurisdiction by any of the following

(A) The Attorney General(B) Any district attorney(C) Any county counsel authorized by agreement with the

district attorney in actions involving violation of a countyordinance

(D) Any city attorney of a city(E) Any city attorney of a city and county having a population

in excess of 750000 with the consent of the district attorney(F) A city prosecutor in any city having a full-time city

prosecutor or with the consent of the district attorney by a cityattorney in any city and county

(G) The Director of the Office of Health Information Integritymay recommend that any person described in subparagraphs (A)to (F) inclusive bring a civil action under this section

(2) If the action is brought by the Attorney General one-halfofthe penalty collected shall be paid to the treasurer of the countyin which the judgment was entered and one-half to the GeneralFund If the action is brought by a district attorney or countycounsel the penalty collected shall be paid to the treasurer of thecounty in which the judgment was entered Except as provided inparagraph (3) if the action is brought by a city attorney or cityprosecutor one-half of the penalty collected shall be paid to the

96

AB439 -6-

1 treasurer of the city in which the judgment was entered and one-half2 to the treasurer of the county in which the judgment was entered3 (3) If the action is brought by a city attorney of a city and4 county the entire amount of the penalty collected shall be paid to5 the treasurer of the city and county in which the judgment was6 entered7 (4) Nothing in this section shall be construed as authorizing8 both an administrative fine and civil penalty for the same violation9 (5) Imposition of a fine or penalty provided for in this section

10 shall not preclude imposition of any other sanctions or remedies11 authorized by law12 (6) Administrative fines or penalties issued pursuant to Section13 128015 of the Health and Safety Code shall offset any other14 administrative fine or civil penalty imposed under this section for15 the same violation16 (g) For purposes of this section knowing and willful shall17 have the same meanings as in Section 7 of the Penal Code18 (h) No person who discloses protected medical information in19 accordance with the provisions of this part shall be subject to the20 penalty provisions of this part

o

96

AB 518 Assembly Bill Status Page I of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPICHOUSE+LAST

AB No 518Wagner

Elder and dependentLOCATION SENAMENDED DATE

adult abuse mandated reporters

03232011

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATION

06062011In committee Hearing postponed by committee

SEN BANKING AND FINANCIAL INSTITUTIONS

TITLE An act to repeal Section 7480 of the Government Codeand to amend Section 156301 of and to amend and repealSections 15633 15634 15640 and 156555 of theWelfare and Institutions Code relating to elder anddependent adult abuse

httpwwwleginfocagovpubll-12Ibillasmab_ 0501-0550ab_518_bill_2011 0615_status 652012

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AMENDED IN ASSEMBLY MARCH 23 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 518

Introduced by Assembly Member Wagner

February 152011

Aft aet to amend Seetion 156301 of the Welfare and InstittttionsCode relating to elder abtlse An act to repeal Section 7480 of theGovernment Code and to amend Section 156301 of and to amend andrepeal Sections 15633 15634 15640 and 156555 of the Welfare andInstitutions Code relating to elder and dependent adult abuse

LEGISLATIVE COUNSELS DIGEST

AB 518 as amended Wagner Elder and dependent adult abusemandated reporters

Existing law the Elder Abuse and Dependent Adult Civil ProtectionAct establishes procedures for the reporting investigation andprosecution of elder and dependent adult abuse including but notlimited to financial abuse as defined These procedures require personsdefined as mandated reporters to report known or suspected instancesof elder or dependent adult abuse A violation of the reportingrequirements by a mandated reporter is a misdemeanor Existing lawwhich will be repealed on January 12013 defines who is a mandatedreporter of suspected financial abuse of an elder or dependent adult Aviolation ofthe financial abuse reporting requirements is subject to civilpenalties

This bill would delete the January 1 2013 repeal date and makeconforming changes

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

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The people of the State of California do enact asfollows

1 SECTION 1 Section 7480 of the Government Code as2 amended by Section 2 of Chapter 234 of the Statutes of 2008 is3 repealed4 7480 Nothing in this ehapter prohibits an) of the following

(a) The dissemination of an) finaneial information that is not6 identified with or identifiable as being deri ved from the fiftMleial7 reeords of a partietllar etlstomer8 (b) When any poliee or sheriffs department or distriet attorney9 in this state eertines to a bank eredit tlftion or savin-gsassoeiation

in 4vritingthat a erime report has been filed that involves the11 alleged fratldttlent tlse of drafts eheeks or other orders drawfl12 tlJon MtY bank eredit tlftion or Sltv ings assoeiation in this state13 the poliee or sheriffs department or distriet attomey a eotlnty14 adttlt proteeti-ve sen iees oftiee 4vhen investigating the finaneial

abttse of an elder or dependent adttlt or a long term eare16 ombttdsman when investigating the finaneial abttse of an elder or17 dependent adttlt rna reqtlest a bank eredit tlftion or savings18 assoeiation to fttmish and a bank eredit tlftion or savings19 assoeiation shall fttmish a statement setting forth the folIowing

information with respeet to a etlstomer aeeotlnt speeified b) the21 reqttesting parry for a period 30 da s prior to and tlJ to 30 da) s22 following the date ofoeetnTenee of the alleged illegal aet invohin-g23 the aeeotlftt24 (1) The Itttftlber of items dishonored

(2) The nttmber of items paid that ereated Oierdrafts26 (3) The dollar volttme of the dishonored items and items paid27 whieh ereated overdrafts and a statement explaining an) eredit28 atTangementbetween the bank eredit tlftion or savin-gsassoeiation29 and etlstomer to pa) 0verdrafts

(4) The dates and amotlnts of deposits and debits and the aeeotlftt31 balanee on these dates32 (5) A eoJry of the signattlre eard inelttding the signattlre and33 an) addresses appearing on a etlstomers signattlre eard34 (6) The date the aeeottnt opened and ifapplieable the date the

aeeotlnt elosed36 (7) A bank eredit tlftion or saTvingsassoeiation that proiides37 the reqtlesting part) vvith eopies of one or more eomplete aeeottnt

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the taxpa er (2) the (iireet deposit refund bullbullas not rettlmed to theFranehise Tax Board and (3) the remnd TnaSdeposited direetlyon a speeifled date into the aeeotlftt of an aeeotmtholder of theflnaneial instittttion bullbullho bullbullas not entitled to reeei v e the refttndthen the flnaneial instittttion shall fttntish to the Franehise TaxBoard the name and address ofan eoo w ner eosigtter or an otherperson bullbullho had aeeess to the mnds in the aeeotlttt follo bullbulling thedate ofdiIeet deposit refund or if the aeeotmt has been dosed thename and address of the person bullbullho dosed the aeeOtlftt

(s) This seetion shall beeome operati v e on Jaftttary 1 2013SECTION 1SEC 2 Section 156301 of the Welfare and Institutions Code

is amended to read156301 (a) As used in this section mandated reporter of

suspected financial abuse of an elder or dependent adult meansall officers and employees of financial institutions

(b) As used in this section the term financial institution meansany of the following

(l) A depository institution as defined in Section 3(c) of theFederal Deposit Insurance Act (12 USC Sec 1813(c))

(2) An institution-affiliated party as defined in Section 3(u) ofthe Federal Deposit Insurance Act (12 USC Sec 1813(u))

(3) A federal credit union or state credit union as defined inSection 101 ofthe Federal Credit Union Act (12 USC Sec 1752)including but not limited to an institution-affiliated party of acredit union as defined in Section 206(r) of the Federal CreditUnion Act (12 USc Sec 1786(r))

(c) As used in this section financial abuse has the samemeaning as in Section 1561030

(d) (l) Any mandated reporter of suspected financial abuse ofan elder or dependent adult who has direct contact with the elderor dependent adult or who reviews or approves the elder ordependent adults financial documents records or transactionsin connection with providing financial services with respect to anelder or dependent adult and who within the scope of his or heremployment or professional practice has observed or hasknowledge of an incident that is directly related to the transactionor matter that is within that scope of employment or professionalpractice that reasonably appears to be financial abuse or whoreasonably suspects that abuse based solely on the information

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before him or her at the time of reviewing or approving thedocument record or transaction in the case of mandated reporterswho do not have direct contact with the elder or dependent adultshall report the known or suspected instance of financial abuse bytelephone immediately or as soon as practicably possible and bywritten report sent within two working days to the local adultprotective services agency or the local law enforcement agency

(2) When two or more mandated reporters jointly haveknowledge or reasonably suspect that financial abuse of an elderor a dependent adult for which the report is mandated has occurredand when there is an agreement among them the telephone reportmay be made by a member of the reporting team who is selectedby mutual agreement A single report may be made and signed bythe selected member of the reporting team Any member of theteam who has knowledge that the member designated to report hasfailed to do so shall thereafter make that report

(3) If the mandated reporter knows that the elder or dependentadult resides in a long-term care facility as defined in Section1561047 the report shall be made to the local ombudsman or locallaw enforcement agency

(e) An allegation by the elder or dependent adult or any otherperson that financial abuse has occurred is not sufficient to triggerthe reporting requirement under this section if both of the followingconditions are met

(1) The mandated reporter of suspected financial abuse of anelder or dependent adult is aware of no other corroborating orindependent evidence of the alleged financial abuse of an elder ordependent adult The mandated reporter of suspected financialabuse of an elder or dependent adult is not required to investigateany accusations

(2) In the exercise of his or her professional judgment themandated reporter of suspected financial abuse of an elder ordependent adult reasonably believes that financial abuse of anelder or dependent adult did not occur

(f) Failure to report financial abuse under this section shall besubject to a civil penalty not exceeding one thousand dollars($1000) or if the failure to report is willful a civil penalty notexceeding five thousand dollars ($5000) which shall be paid bythe financial institution that is the employer of the mandated

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reporter to the party bringing the action Subdivision (h) of Section15630 shall not apply to violations of this section

(g) (1) The civil penalty provided for in subdivision (f) shallbe recovered only in a civil action brought against the financialinstitution by the Attorney General district attorney or countycounsel No action shall be brought under this section by anyperson other than the Attorney General district attorney or countycounsel Multiple actions for the civil penalty may not be broughtfor the same violation

(2) Nothing in the Financial Elder Abuse Reporting Act of2005shall be construed to limit expand or otherwise modify any civilliability or remedy that may exist under this or any other law

(h) As used in this section suspected financial abuse of anelder or dependent adult occurs when a person who is requiredto report under subdivision (a) observes or has knowledge ofbehavior or unusual circumstances or transactions or a pattern ofbehavior or unusual circumstances or transactions that would leadan individual with like training or experience based on the samefacts to form a reasonable belief that an elder or dependent adultis the victim of financial abuse as defined in Section 1561030

(i) Reports of suspected financial abuse of an elder or dependentadult made by an employee or officer of a financial institutionpursuant to this section are covered under subdivision (b) of Section47 of the Civil Code

SEC 3 Section 15633 of the Welfare and Institutions Codeas amended by Section 5 of Chapter 140 of the Statutes of 2005is amended to read

15633 (a) The reports made pursuant to Sections 15630156301 and 15631 shall be confidential and may be disclosedonly as provided in subdivision (b) Any violation of theconfidentiality required by this chapter is a misdemeanorpunishable by not more than six months in the county jail by afine of five hundred dollars ($500) or by both that fine andimprisonment

(b) Reports of suspected abuse of an elder or dependent adultand information contained therein may be disclosed only to thefollowing

(1) Persons or agencies to whom disclosure of information orthe identity of the reporting party is permitted under Section156335

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(2) (A) Persons who are trained and qualified to serve onmultidisciplinary personnel teams may disclose to one anotherinformation and records that are relevant to the preventionidentification or treatment of abuse of elderly or dependentpersons

(B) Except as provided in subparagraph (A) any personnel ofthe multidisciplinary team or agency that receives informationpursuant to this chapter shall be under the same obligations andsubject to the same confidentiality penalties as the persondisclosing or providing that information The information obtainedshall be maintained in a manner that ensures the maximumprotection of privacy and confidentiality rights

(c) This section shall not be construed to allow disclosure ofany reports or records relevant to the reports of abuse of an elderor dependent adult if the disclosure would be prohibited by anyother provisions of state or federal law applicable to the reports orrecords relevant to the reports of the abuse nor shall it be construedto prohibit the disclosure by a financial institution of any reportsor records relevant to the reports of abuse of an elder or dependentadult if the disclosure would be required of a financial institutionby otherwise applicable state or federal law or court order

(d) This seetion shall remain in dIcet on) tmtilJantmry I 2813and as of that date is repealed unless a later enaeted statute thatis enaeted before JMlt1ary12813 deletes or extends that date

SEC 4 Section 15633 of the Welfare and Institutions Codeas added by Section 6 of Chapter 140 of the Statutes of 2005 isrepealed

15633 (a) The leports made ptlrstlMlt to Seetions 15638 and15631 shall be eonndential and may be diselosed on) as pro videdin stlbdivision (b) AIl) violation of the eonfidetttialrt reqtliredbythis ehapter is a misdemeanor ptlnishable bynot more than sixmoftths in the eounry jail b)l a nne ofn Vehundred dollars ($588)or byboth that nne and imprisonment

(b) Reports of stlspeeted elder 01 dependent adttlt abttse andinfenmation eontained therein may be diselosed only to thefollo vving

(1) Persons or ageneies to vvhomdiselostlfe of information orthe identity of the reporting pMty is permitted tlnder Seetion156335

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(2) EA) Persems who Me trftined Md qtlftlified to sene onmtlltidiseiplinftfjf persoflftel teftll1smfty diselose to one Mlotherinfermtttion Md reeords thftt Me relevflnt to the preventionidentifiefttion or trefttment of ftbttse of elderly or dependentpersons

EB) Exeept ftSpro vided in SMpMftgrftph EA) Mly personnel ofthe ftltlltidiseiplinftry teftftl or ftgeney thftt reeeives informfttionptlrstlftnt to this ehflPtel shftH he tinder the sftme ohligfttions ftndsttbjeet to the sftme eonfidentiftlity penftlties ftS the pelsondisdosing or pro viding thftt infermfttion The informfttion ohtftinedshftH he mftintftined in ft ftlftflfter thftt enstlfes the ftlftXimttmproteetion ofprivftey ftnd eonfidentiftlity rights

Ee) This seetion shftH not he eonstftled to ftHo diselostlfe ofMy reports or reeords rde vMit to the reports of elder or dependentftdttlt ftbttse if the disdostlfe votlld he prohibited hy My other110visions of stftte or federftllft bullbull ftppliefthle to the reports or reeordsrele vftnt to the reports of the flbttse

Ed) This seetion shftH heeome operftti ve on Jftntlftry I 2013SEC 5 Section 15634 of the Welfare and Institutions Code

as amended by Section 7 of Chapter 140 of the Statutes of 2005is amended to read

15634 (a) No care custodian clergy member healthpractitioner mandated reporter of suspected financial abuse of anelder or dependent adult or employee of an adult protectiveservices agency or a local law enforcement agency who reports aknown or suspected instance of abuse of an elder or dependentadult shall be civilly or criminally liable for any report requiredor authorized by this article Any other person reporting a knownor suspected instance of abuse of an elder or dependent adult shallnot incur civil or criminal liability as a result of any reportauthorized by this article unless it can be proven that a false reportwas made and the person knew that the report was false No personrequired to make a report pursuant to this article or any persontaking photographs at his or her discretion shall incur any civil orcriminal liability for taking photographs of a suspected victim ofabuse of an elder or dependent adult or causing photographs to betaken of such a suspected victim or for disseminating thephotographs with the reports required by this article Howeverthis section shall not be construed to grant immunity from thisliability with respect to any other use of the photographs

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(b) No care custodian clergy member health practitionermandated reporter of suspected financial abuse of an elder ordependent adult or employee of an adult protective services agencyor a local law enforcement agency who pursuant to a request froman adult protective services agency or a local law enforcementagency investigating a report of known or suspected abuse of anelder or dependent adult provides the requesting agency withaccess to the victim of a known or suspected instance of abuse ofan elder or dependent adult shall incur civil or criminal liabilityas a result of providing that access

(c) The Legislature finds that even though it has providedimmunity from liability to persons required to report abuse of anelder or dependent adult immunity does not eliminate thepossibility that actions may be brought against those persons basedupon required reports of abuse In order to further limit the financialhardship that those persons may incur as a result of fulfilling theirlegal responsibilities it is necessary that they not be unfairlyburdened by legal fees incurred in defending those actionsTherefore a care custodian clergy member health practitioneror an employee of an adult protective services agency or a locallaw enforcement agency may present to the StMe B6Md 6pound C6ntr61California Victim Compensation and Government Claims Boarda claim for reasonable fttt6meys attorneys fees incurred in anyaction against that person on the basis of making a report requiredor authorized by this article if the court has dismissed the actionupon a demurrer or motion for summary judgment made by thatperson or if he or she prevails in the action The StMe B6ftrd 6fC6ntr61 California Victim Compensation and Government ClaimsBoard shall allow that claim if the requirements ofthis subdivisionare met and the claim shall be paid from an appropriation to bemade for that purpose Att6mey s Attorneys fees awarded pursuantto this section shall not exceed an hourly rate greater than the ratecharged by the Attorney General at the time the award is madeand shall not exceed an aggregate amount of fifty thousand dollars($50000) This subdivision shall not apply if a public entity hasprovided for the defense of the action pursuant to Section 995 ofthe Government Code

(d) This seeti6n shftll remftin in dfeet 6ttly tmtil J8fttlfll)1 2013ftnd ftS6pound thftt dMe is repeftled wIess ft IMer enfteted stMute thMis en8eted before Jftftt18ry12013 deletes 6r extends thM dMe

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SEC 6 Section 15634 of the Welfare and Institutions Codeas amended by Section 711 ojChapter 538 of the Statutes oj2006is repealed

15634 eft) No eMe etlstodimt ele~ member hea-lthpraetitioner or employee of an adttlt proteeti-ve serviees ageneyor a loeal larn enforeement ageney who reports a lrnown orsttspeeted instanee of elder or dependent adtllt abtlse shaHbe eiviHyor eriminalry liable for any report reqttired or attthorizedby thisartiele Any other peIson reporting a lrnOWfior stlspeeted instaneeof elder or dependeItt adttIt abtlse shall not inettr ei vil or eriminalliability as a restllt of any report attthorizedby this artiele ttnlessit ean be pro ven that a false report was made and the person knewthat the report vvasrelse gteJoperson reqtlired to make a reportptlrstlant to this artiele or any person taking photographs at his orher diseretion shall inettr any eivii or eriminalliability fer takingphotographs of a stlspeeted vietim of elder or dependent adtlltabtlse or eattsing photographs to be taken of the stlspeeted vietimor fOIdisseminating the photographs with the reports reqtlired bythis artiele However this seetion shall not be eonstmed to gIantimmttnity from this liability vvithrespeet to any other tlse of thephotographs

(b) No eMe etlstodian el~ member health praetitioner oremployee of an adtlIt proteetive seniees ageney or a loea-l lawenfereemeItt ageney who pttrsttant to a reqtlest from an adttltproteeti-ie seniees ageney or a loeal lavI enforeemeItt ageneyinvestigating a report of lrnOViftor stlspeeted elder or dependentadtllt abtlse proides the reqtlesting ageney with aeeess to thevietim of a lrnovvnor stlspeeted instanee of elder or dependeIttadttlt abtlse shall inettr eiviI or eriminal liability as a restlIt ofpro viding that aeeess

ee) The Legislatttre finds that even thOtlgh it has pIOvidedimmtlnity from liability to peIsons reqtlired to report elder ordependent mit abttse immtlIlity does not eliminate the possibilitythat aetions may be brotlght agamst those persons based tlJ0nreqtlired reports of abtlse In order to fttrther limit the finaneialhardship that those persons may inettr as a resttIt offttlfilling theirlegal responsibilities it is neeessary that they not be tlftreirlybttrdened by legal fees inetlffed in defending those aetionsTherefore a eMeetlstodian ele~ member health praetitioneror employee ofan adttlt proteetive seniees ageney or a loeallffi7t

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enfOieement agene)l ma) present to the CalifeJmia VietimCempensatien and Geemment Claims BeMd a elaim feJrreasenable atteme)s fees inetJifedin any aetien agffinstthat persenen the basis efmMcinga repert reqtlired er attth6rizedb)l this Mtieleif the eeM has dismissed the aetien t1pen a demtlffer el metienfur sttmillM)lj tldgment made b that persen el ifhe er she preailsin the aetien The Califumia Vietim Cempensatien andGeemment Claims Beard shall allew that ehtim if thereqtlirements ef this sttbdi isien Me met and the elaim shall bepaid fl6man fllprepriatien te be made fur that ptllpese Atteme) sfees aarded ptliStlMltto this seetien shall net exeeedan hetlilyrate greater than the late eharged b the Attemey General at thetime the aard is made and sh8llnet exeeedan aggregate amettllteffitty thetlsanBdellMs ($50000) This sttbdF isien shall net applyif a pttblie enti) has pmbullided fer the defense ef the aetien ptlistlantte Seetien 995 ef the Ge emment Cede

(6) This seetien shall beeeme eperatie en JMttlM)12013SEC 7 Section 15640 of the Welfare and Institutions Code

as amended by Section 9 of Chapter 140 of the Statutes of2005is amended to read

15640 (a) (1) An adult protective services agency shallimmediately or as soon as practically possible report by telephoneto the law enforcement agency having jurisdiction over the caseany known or suspected instance of criminal activity and to anypublic agency given responsibility for investigation in thatjurisdiction of cases of elder and dependent adult abuse everyknown or suspected instance of abuse pursuant to Section 15630or 156301 of an elder or dependent adult A county adult protectiveservices agency shall also send a written report thereof within twoworking days of receiving the information concerning the incidentto each agency to which it is required to make a telephone reportunder this subdivision Prior to making any cross-report ofallegations of financial abuse to law enforcement agencies anadult protective services agency shall first determine whether thereis reasonable suspicion of any criminal activity

(2) If an adult protective services agency receives a report ofabuse alleged to have occurred in a long-term care facility thatadult protective services agency shall immediately inform theperson making the report that he or she is required to make thereport to the long-term care ombudsman program or to a local law

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enforcement agency The adult protective services agency shallnot accept the report by telephone but shall forward any writtenreport received to the long-term care ombudsman

(b) If an adult protective services agency or local lawenforcement agency or ombudsman program receiving a report ofknown or suspected elder or dependent adult abuse determinespursuant to its investigation that the abuse is being committed bya health practitioner licensed under Division 2 (commencing withSection 500) of the Business and Professions Code or any relatedinitiative act or by a person purporting to be a licensee the adultprotective services agency or local law enforcement agency orombudsman program shall immediately or as soon as practicallypossible report this information to the appropriate licensingagency The licensing agency shall investigate the report in lightof the potential for physical harm The transmittal of informationto the appropriate licensing agency shall not relieve the adultprotective services agency or local law enforcement agency orombudsman program of the responsibility to continue its owninvestigation as required under applicable provisions of law Theinformation reported pursuant to this paragraph shall remainconfidential and shall not be disclosed

(c) A local law enforcement agency shall immediately or assoon as practically possible report by telephone to the long-termcare ombudsman program when the abuse is alleged to haveoccurred in a long-term care facility or to the county adultprotective services agency when it is alleged to have occurredanywhere else and to the agency given responsibility for theinvestigation of cases of elder and dependent adult abuse everyknown or suspected instance of abuse of an elder or dependentadult A local law enforcement agency shall also send a writtenreport thereof within two working days of receiving the informationconcerning the incident to any agency to which it is required tomake a telephone report under this subdivision

(d) A long-term care ombudsman coordinator may report theinstance of abuse to the county adult protective services agencyor to the local law enforcement agency for assistance in theinvestigation of the abuse if the victim gives his or her consent Along-term care ombudsman program and the Licensing andCertification Division ofthe State Department ofIIealth SeI ieesPublic Health shall immediately report by telephone and in writing

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1 within two working days to the bureau any instance of neglect2 occurring in a health care facility that has seriously harmed any3 patient or reasonably appears to present a serious threat to the4 health or physical well-being of a patient in that facility If a victim5 or potential victim of the neglect withholds consent to being6 identified in that report the report shall contain circumstantial7 information about the neglect but shall not identify that victim or8 potential victim and the bureau and the reporting agency shall9 maintain the confidentiality of the report until the report becomes

lOa matter of public record11 (e) When a county adult protective services agency a long-term12 care ombudsman program or a local law enforcement agency13 receives a report of abuse neglect or abandonment of an elder or14 dependent adult alleged to have occurred in a long-term care15 facility that county adult protective services agency long-term16 care ombudsman coordinator or local law enforcement agency17 shall report the incident to the licensing agency by telephone as18 soon as possible19 (f) County adult protective services agencies long-term care20 ombudsman programs and local law enforcement agencies shall21 report the results of their investigations of referrals or reports of22 abuse to the respective referring or reporting agencies23 Eg) This seeti6n shall remain in dIcet 6ny tlfttilJ~ 1201324 and as 6f that date is repealed unless a later enaeted stMttte that25 is enaeted bef6re Janttary 12013 deletes 6r extends that date26 SEC 8 Section 15640 of the Welfare and Institutions Code27 as added by Section 10 of Chapter 140 of the Statutes of 2005 is28 repealed 29 15640 Ea) E1) An adult pr6teeti e sen iees ageney shall30 immediate) 6r as S66nas praetieal) p6ssible rep6rt 0 te1eph6ne31 t6 the la~ enf6reement ageney haing jttrisdieti6n 6er the ease32 an kntMfl6r suspeeted instanee 6f eriminal aeth it) and t6 any33 pttblie agene gien resp6nsibilit) f6r illestigMi6n in that34 jurisdieti6n 6f eases 6f elder and dependent adttlt abuse eery35 kfl6n6r suspeeted instanee 6f aetlse purstlant t6 Seeti6n 1563036 6f an elder 6r dependent adttlt A e6t11ltyadttlt pr6teeti e sen iees37 ageney shall als6 send a TV ritten rep6rt there6f Vv ithin ti 6 V 6rking38 days 6f reeeiving the inwrmati6n e6neeming the ineident t6 eaeh39 ageney t6 vv hieh it is reqtlired t6 make a teleph6ne Iep6rt tlftder40 this subdiisi6n Pri6r t6 making an er6SSIep6rt 6f allegati6ns

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offilumeial abttse to lavvenforeemertt a-geneiesMladult proteetFesen iees agene) shaH first determine whether there is reasonablesuspieion of tmJ eriminM aeti vit

(2) If an adult proteeti ve sen iees agene) reeei ves a report ofabttse alleged to ha ve oeettlTed in a long teml eare faeilit) thatadttlt proteeti ve sen iees ageney shall immediate) infoml theperson making the report that he or she is required to make thereport to the long term eare ombttdsman program 01 to aloeallawenforeemertt a-geneyThe adttlt proteeti ve sen iees agene) shallnot aeeept the report b) telephone btlt shall fonvMd flit) vvTittenreport leeehed to the long teml eare ornbtldsman

(b) If an adtllt proteetive seniees ageney or loeal lawenforeement agene) or ornbtldsman program reeei vinga report ofkftovm or stlspeeted elder or dependent adttlt MtlSe determinespttrstlartt to its inYestigationthat the flbttseis being eommitted bya health 11aetitioner lieensed tlftder Division 2 (eonJffieneingwithSeetion 500) of the Btlsiness flftdProfessions Code or flit) lelatedinitiatiye aet or by a person ptlrporting to be a lieensee the adtlltproteetive seniees a-gene) or loeallaw enforeement agene) orombttdsman program shall immediate) or as soon as praetieall)possible report this mformation to the appropriate lieensingagene) The lieensing agene) shall investigate the report in lightof the poterttial fur ph) sieal hamlThe trMlsmittfllof informationto the appropriate lieensing agene) shall not relieve the adtlltproteethe serviees agene) or loeallaw enforeement agene) orornbtldsmflft program of the responsibility to eorttinue its 0~vninvestigation as reqttired tlftder applieable provisions of law Theinformation reported pttrstlant to this paragraph shall remaineoniiderttial flItdshfl11not be diselosed

(e) A loealla bullbull enforeement agefte) shall immediate) or assoon as praetieal) possible report b) telephone to the long termeare ombtldsman program bullbullhen the abtlse is alleged to haveoeetllTed in a long term eare faeilit) or to the eotlnt) adttltproteetive seniees agene) bullbullhen it is alleged to have oeeUlfedan) vvhere else flftd to the agene) gh en responsibilit) for theinvestigation of eases of elder and dependent adttlt abtlse everykftovm or stlspeeted instflftee of MtlSe of an elder or dependerttadttlt A loeallaw enforeement ageney shall also send a Ylfittenreport thereof bullbullithin ftv0 vvorking dfl)s ofreeei ving the infomlation

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AB518 -22-

eoneeming the ineident to an agenC) to vvhieh it is reqtlired toftutke a telephone report tlIlderthis stlbdh ision

Ed) A long tenn eare ombttdsman eoordinator mll) report theinstlllleeof abtlse to the eot1llryadttlt proteetive seniees ageneyor to the loeal la bullbull enforeement agenC) for assistlllleein theinvestigationof the abttse if the vietim gives his or her eonsent Along tenn eMe ombtldsmllllprogram llIldthe Lieensing llIldCertifieation Division of the State DepMtment ofIIealth Senieesshall immediately report b telephone llIldin vvriting vvithin hiv0tv orkingdll) s to the bm eatl an instlllleeof negleet oeet1ffingin ahealth eare faeiliry that has seriotlsl hMmed an patient orreasonably appeMs to present a seriotls threat to the health orph sieal vvell being of a patient in that ffteiliry If a J ietim orpotential TV ietim of the neglect vithholds eonsent to being identifiedin that report the report shall eontain eirettmstlllltialinformationabom the negleet bm shall not identif) that vietim or potentialvietim and the bttreatl llIldthe reporting agenC) shall maintain theeoniidentialiry of the report tlntil the report beeomes a matter ofptlblie reeord

Ee) hen a eotlllryadttlt proteeti ve sen iees agenC) a long termeare ombtldsman program or a loeal la enforeement ageneyreeeives a report ofabttse negleet or ablllldonmentofllllelder ordependent adttlt alleged to have oeet1ffedin a long term earefaeiliry that eotlnty adtllt proteeti ve sen iees agenC) long termeare ombtldsmlllleoordinator or loeallavv enforeement ageneyshall report the ineident to the lieensing agene b telephone assoon as possible

ED COtl1lt)adtllt proteetive seniees ageneies long term eareombttdsman programs and 10ea1lavvenforeement ageneies shallreport the restllts of their investigations of referrals or reports ofabtlse to the respeetive referring or reporting ageneies

Eg) This seetion shall beeome operative on JllIlt1flry12013SEC 9 Section 156555 of the Welfare and Institutions Code

as amended by Section 11 of Chapter 140 of the Statutes of 2005is amended to read

156555 A county adult protective services agency shallprovide the organizations listed in paragraphs (v) (w) and (x) ofSection 1561017 and mandated reporters of suspected financialabuse of an elder or dependent adult pursuant to Section 156301with instructional materials regarding abuse and neglect of an elder

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1 or dependent adult and their obligation to report under this chapter2 At a minimum the instructional materials shall include the3 following4 (a) An explanation of abuse and neglect of an elder or dependent

adult as defined in this chapter6 (b) Information on how to recognize potential abuse and neglect7 of an elder or dependent adult8 (c) Information on how the county adult protective services9 agency investigates reports of known or suspected abuse and

neglect11 (d) Instructions on how to report known or suspected incidents12 of abuse and neglect including the appropriate telephone numbers13 to call and what types of information would assist the county adult14 protective services agency with its investigation of the report

(e) This seetion shall remain in eifcet only tlfttil Jflfttlttry 1 201316 and as of that date is repealed tmless a later enaeted stattlte that17 is enaeted before Jafttlttry 12013 deletes or extends that date18 SEC 10 Section 156555 of the Welfareand Institutions Code19 as amended by Section 712 of Chapter 538 of the Statutes of2006

is repealed21 156555 A eottftt) achtlt proteetive serviees agene) shall22 pmvide the organi2ations listed in paragraphs (v) (vv) and Ex) of23 Seetion 1561017 with instItletional materials regarding elder and24 dependent achtlt abtlse and negleet and their obligation to report

under this ehapter At a minimum the instruetional materials shall26 inelude the follovving27 (a) An explanation of elder and dependent achtlt abuse and28 negleet as defined in this ehapter29 (b) Information on how to reeogni2e potential elder and

dependent achtlt abuse and negleet31 (e) Information on ho vIthe eottftt) achtlt proteeti ve serv iees32 agene) investigates reports of knovm or suspeeted abuse and33 negleet34 (d) Instmetions on hovv to report ]movvn or suspeeted ineidents

of abuse and negleet ineltlding the appropriate telephone llt11llbers36 to eall and what rypes of information vvould assist the eount) adult37 proteetirv e sen iees agene) with its in (estigation of the report38 (e) This seetion shall beeome operati e on January I 20 13

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AB 608 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 608Pan

Health care coverage telemedicine

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to health care

httpwww1eginfocagovpubII-12Ibillasmab_0601-0650ab _608_ bill_ 20120201_status 652012

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AB 783 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 783AUTHOR(S) HayashiTOPIC Professional corporations licensed physical therapists

and occupational therapists+LAST AMENDED DATE 04072011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

COMMCOMMCOMM

HIST ACT DATEHIST ACTION

From committeeRule 62(a)

LOCATION SENACTION DATEACTION

06282011In committee Set second hearing Failed passagewithout further action pursuant to Joint

LASTLAST

BUSINESS PROFESSIONS AND ECONOMIC DEVELOPMENT06272011

Set second hearing Failed passage in Committee

TITLE An act to amend Section 2406 of the Business andProfessions Code and to amend Section 134015 of theCorporations Code relating to professional corporations

httpwwwleginfocagovpub11-12billasmab_0751-0800ab_783_bill_20111115_status 652012

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AMENDED IN ASSEMBLY APRIL 7 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 783

Introduced by Assembly Member Hayashi

February 172011

An act to amend Section 2406 of the Business and Professions Codeand to amend Section 134015 of the Corporations Code relating toprofcssiemal eorporations and deelaring the mgeney thereof to tttkeeffeet immediatelyprofessional corporations

LEGISLATIVE COUNSELS DIGEST

AB 783 as amended Hayashi Professional corporations licensedphysical therapists and occupational therapists

Existing law regulating professional corporations provides that certainhealing arts practitioners may be shareholders officers directors orprofessional employees of a medical corporation-er-a podiatric medicalcorporation or a chiropractic corporation subject to certain limitations

This bill would add licensed physical therapists and licensedoccupational therapists to the list of healing arts practitioners who maybe shareholders officers directors or professional employees of thosecorporations The bill would also make conforming changes to a relatedprovision

This bill vv otlld deelare that it is to take etteet immediately as anmgeney statttte

Vote -majority Appropriation no Fiscal committee noState-mandated local program no

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Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 2406 of the Business and Professions2 Code is amended to read3 2406 A medical corporation or podiatry corporation is a4 corporation that is authorized to render professional services as

defined in Sections 13401 and 134015 ofthe Corporations Code6 so long as that corporation and its shareholders officers directors7 and employees rendering professional services who are physicians8 and surgeons psychologists registered nurses optometrists9 podiatrists chiropractors acupuncturists naturopathic doctors

physical therapists or in the case of a medical corporation only11 physician assistants marriage and family therapists or clinical12 social workers are in compliance with the Moscone-Knox13 Professional Corporation Act the provisions of this article and all14 other statutes and regulations now or hereafter enacted or adopted

pertaining to the corporation and the conduct of its affairs16 With respect to a medical corporation or podiatry corporation17 the governmental agency referred to in the Moscone-Knox18 Professional Corporation Act is the board19 SEC 2 Section 134015 of the Corporations Code is amended

to read21 134015 Notwithstanding subdivision (d) of Section 1340122 and any other provision of law the following licensed persons23 may be shareholders officers directors or professional employees24 of the professional corporations designated in this section so long

as the sum of all shares owned by those licensed persons does not26 exceed 49 percent ofthe total number of shares of the professional27 corporation so designated herein and so long as the number of28 those licensed persons owning shares in the professional29 corporation so designated herein does not exceed the number of

persons licensed by the governmental agency regulating the31 designated professional corporation32 (a) Medical corporation33 (1) Licensed doctors of podiatric medicine34 (2) Licensed psychologists

(3) Registered nurses36 (4) Licensed optometrists37 (5) Licensed marriage and family therapists38 (6) Licensed clinical social workers

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-3-

(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists(10) Naturopathic doctors(11) Licensed physical therapists(12)Licensed occupational therapists(b) Podiatric medical corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed optometrists(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(8) Licensed physical therapists(9) Licensed occupational therapists(c) Psychological corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Registered nurses(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed chiropractors(8) Licensed acupuncturists(9) Naturopathic doctors(d) Speech-language pathology corporation(1) Licensed audiologists(e) Audiology corporation(1) Licensed speech-language pathologists(t) Nursing corporation(l) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists

AB783

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AB783 -4-

(10) Naturopathic doctors(g) Marriage and family therapy corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed clinical social workers(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(h) Licensed clinical social worker corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed marriage and family therapists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(i) Physician assistants corporation(1) Licensed physicians and surgeons(2) Registered nurses(3) Licensed acupuncturists(4) Naturopathic doctorsG) Optometric corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(k) Chiropractic corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed acupuncturists(9) Naturopathic doctors

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-5- AB783

(10) Licensed physical therapists(11) Licensed occupational therapists(l) Acupuncture corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed physician assistants(9) Licensed chiropractors(10) Naturopathic doctors(m) Naturopathic doctor corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed physician assistants(5) Licensed chiropractors(6) Licensed acupuncturists(7) Licensed physical therapists(8) Licensed doctors of podiatric medicine(9) Licensed marriage family and child counselors(10) Licensed clinical social workers(11) Licensed optometrists(n) Dental corporation(1) Licensed physicians and surgeons(2) Dental assistants(3) Registered dental assistants(4) Registered dental assistants in extended functions(5) Registered dental hygienists(6) Registered dental hygienists in extended functions(7) Registered dental hygienists in alternative practiceSEC 3 This aet is Ml ttrgene statttte neeessary for the

immediatepresenation of the ptlblie peaee hettlihor saferyvvithinthe meMling of Miele IV of the Constittttion Mld shaHgo intoimmediate effeet The fftets eonstitttting the neeessiry Me

In order to 8t1thorizelieensed physieal therapists to beshareholders offieers mreetors or professional employees of

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AD7S3 -6-

1 memeal eorpofatiofts andpodiatrie medieal eorpofatiofts as soOft2 as possible it is fteeessary that this aet tftke dIeet immediately

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AB 800 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 800Huber

Boards and commissions time reporting

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to add Section 1156410 to the Government Coderelating to boards and commissions

httpwwwleginfocagovpubI11-12billasmlab_0751-0800ab _800_ bill_20120201_status 652012

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AB 958 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 958Bill Berryhill

Regulatory boards limitations periods

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to Art IV Sec 10(e) of theFrom committee Filed with the Chiefto Joint Rule 56BUSINESS PROFESSIONS AND CONSUMER PROTECTION

TITLE An act to add Section 1105 to and to repeal Sections16702 22305 296005 3137 375051 498205499032 5561 5661 76865 988420 and 98898 of theBusiness and Professions Code relating to regulatoryboards

httpwwwleginfocagovpub11-12lbillasmlab_0951-1 OOOab_958 _bill_ 20120202_ status 652012

AB 1003 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 1003Smyth

Professional and vocational licenses

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to professional and vocational licenses

httpwwwleginfocagovpubll-12Ibillasmlab_l00l-l 050ab_1003 _bill_2012020 I_statu 652012

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AB 1205 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1205AUTHOR(S) Bill BerryhillTOPIC Licensed behavior analysts+LAST AMENDED DATE 04042011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to amend Section 499018 of and to add Chapter52 (commencing with Section 252971) to Division 2 ofthe Business and Professions Code relating to healingarts

httpwwwleginfocagovpub11-12billasmab _120 1-1250ab_1205 _bill_20 120201_statu 652012

AB 1435 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1435AUTHOR(S) Dickinson (Coauthors Alejo Buchanan and Hill) TOPIC Child abuse reporting athletic personnelHOUSE LOCATION SEN+LAST AMENDED DATE OS252012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredState-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS for

LASTLAST

APPROPRIATIONSOS252012

Do pass as amendedAyes 17 Noes OOPASS

TITLE An act to amend Section 111657 of the Penal Coderelating to child abuse reporting

httpwww1eginfocagovpub11-12lbiIVasmab_140 1-1450ab _1435 _bill~0120601_statu 652012

AMENDED IN ASSEMBLY MAY 25 2012

AMENDED IN ASSEMBLY MARCH 21 2012

AMENDED IN ASSEMBLY MARCH 142012

AMENDED IN ASSEMBLY FEBRUARY 29 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1435

Introduced by Assembly Member Dickinson(Coauthors Assembly Members Alejo Buchanan and Hill)

January 4 2012

An act to amend Section 111657 of the Penal Code relating to childabuse reporting

LEGISLATIVE COUNSELS DIGEST

AB 1435 as amended Dickinson Child abuse reporting athleticpersonnel

Existing law the Child Abuse and Neglect Reporting Act requiresa mandated reporter as defined to report whenever he or she in his orher professional capacity or within the scope of his or her employmenthas knowledge of or observed a child whom the mandated reporterknows or reasonably suspects has been the victim of child abuse orneglect Failure to report an incident is a crime punishable byimprisonment in a county jail for a period of up to 6 months a fine ofup to $1000 or by both that imprisonment and fine

This bill would add athletic coaches athletic administrators andathletic directors employed by a public or private organization to thelist of individuals who are mandated reporters The bill otlld reqtlirean ptlblie or pri v ate orgflftizationernplo ing flftathletieeoaen Mhletie

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AB 1435 -2-

ftdministrator or Mhletie direetor to hftve provided initiftl trftining byJflfttlM) I 2014 on speeified mfttters relMing to ehiM a-bttse ftftdnegleetfor those employees On ftftd ftfter lftnuftry 12014 the bill vvottld reeJtlireinitiftl trftining to be pro vided IV ithin 6 months of the dMe ftn indi vidttftlbeeomes employed in thM eftlfteiry The bill vvouM require theseindividuftls to eomplete eontifttling tminmg every 2 yeMs

By imposing the reporting requirements on a new class of personsfor whom failure to report specified conduct is a crime ftftdby imposingne~ trftining reeJtlirements on publie oIgftfiiZMions ineluding loeftlgOvernment entities this bill would impose a state-mandated localprogram

The Cftlifomift Constittltion reqtlires the stMe to reimbtlfse loeftlftgeneies ftnd sehool distriets for eertftin eosts mftftdMed by the stftteStftttltory pItYvisions esffiblish proeedtlfes for mftkffigthftt reimbtlfsement

This bill hould pro vide thM 4vith regMd to eertftin mftftdfttes noIeimbtlfsement is reeJtlired by this ftet for ft speeified reftson

Vith regftM to ftny other mftndMeS this bill vv0tlM pro vide thM if theCommission on StMe ~bndtltes determines thM the bill eontftins eostsso mftndftted by the stftte reimbttIsement for those eosts shftll be mftdeptlfStlftnt to the stftttltory pro visions noted ttbo ve

The California Constitution requires the state to reimburse localagencies and school districts for certain costs mandated by the stateStatutory provisions establish procedures for making thatreimbursement

This bill would provide that no reimbursement is required by this actfor a specified reason

Vote majority Appropriation no Fiscal committee yesState-mandated local program yes

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 111657 of the Penal Code is amended2 to read3 111657 (a) As used in this article mandated reporter is4 defined as any of the following5 (1) A teacher6 (2) An instructional aide7 (3) A teachers aide or teachers assistant employed by any8 public or private schooL9 (4) A classified employee of any public schooL

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1 (5) An administrative officer or supervisor of child welfare and2 attendance or a certificated pupil personnel employee of any public3 or private school4 (6) An administrator of a public or private day camp

(7) An administrator or employee of a public or private youth6 center youth recreation program or youth organization7 (8) An administrator or employee of a public or private8 organization whose duties require direct contact and supervision9 of children

(9) Any employee of a county office of education or the State11 Department of Education whose duties bring the employee into12 contact with children on a regular basis13 (10) A licensee an administrator or an employee of a licensed14 community care or child day care facility

(11) A Head Start program teacher16 (12) A licensing worker or licensing evaluator employed by a17 licensing agency as defined in Section 111651118 (13) A public assistance worker19 (14) An employee of a child care institution including but not

limited to foster parents group home personnel and personnel of21 residential care facilities22 (15) A social worker probation officer or parole officer23 (16) An employee of a school district police or security24 department

(17) Any person who is an administrator or presenter of or a26 counselor in a child abuse prevention program in any public or27 private school28 (18) A district attorney investigator inspector or local child29 support agency caseworker unless the investigator inspector or

caseworker is working with an attorney appointed pursuant to31 Section 317 of the Welfare and Institutions Code to represent a32 mmor33 (19) A peace officer as defined in Chapter 45 (commencing34 with Section 830) of Title 3 of Part 2 who is not otherwise

described in this section36 (20) A firefighter except for volunteer firefighters37 (21) A physician and surgeon psychiatrist psychologist dentist38 resident intern podiatrist chiropractor licensed nurse dental39 hygienist optometrist marriage and family therapist clinical social

worker professional clinical counselor or any other person who

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AB 1435 -4-

is currently licensed under Division 2 (commencing with Section500) of the Business and Professions Code

(22) Any emergency medical technician I or II paramedic orother person certified pursuant to Division 25 (commencing withSection 1797) of the Health and Safety Code

(23) A psychological assistant registered pursuant to Section2913 of the Business and Professions Code

(24) A marriage and family therapist trainee as defined insubdivision (c) of Section 498003 of the Business and ProfessionsCode

(25) An unlicensed marriage and family therapist internregistered under Section 498044 of the Business and ProfessionsCode

(26) A state or county public health employee who treats a minorfor venereal disease or any other condition

(27) A coroner(28) A medical examiner or any other person who performs

autopsies(29) A commercial film and photographic print processor as

specified in subdivision (e) of Section 11166 As used in thisarticle commercial film and photographic print processor meansany person who develops exposed photographic film into negativesslides or prints or who makes prints from negatives or slides forcompensation The term includes any employee of such a personit does not include a person who develops film or makes prints fora public agency

(30) A child visitation monitor As used in this article childvisitation monitor means any person who for financialcompensation acts as monitor of a visit between a child and anyother person when the monitoring of that visit has been orderedby a court of law

(31) An animal control officer or humane society officer Forthe purposes ofthis article the following terms have the followingmeanings

(A) Animal control officer means any person employed by acity county or city and county for the purpose of enforcing animalcontrol laws or regulations

(B) Humane society officer means any person appointed oremployed by a public or private entity as a humane officer who is

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-5- AB 1435

qualified pursuant to Section 14502 or 14503 of the CorporationsCode

(32) A clergy member as specified in subdivision (d) of Section11166 As used in this article clergy member means a priestminister rabbi religious practitioner or similar functionary of achurch temple or recognized denomination or organization

(33) Any custodian of records of a clergy member as specifiedin this section and subdivision (d) of Section 11166

(34) Any employee of any police department county sheriffsdepartment county probation department or county welfaredepartment

(35) An employee or volunteer of a Court Appointed SpecialAdvocate program as defined in Rule 1424 ofthe California Rulesof Court

(36) A custodial officer as defined in Section 8315(37) Any person providing services to a minor child under

Section 12300 or 123001 of the Welfare and Institutions Code(38) An alcohol and drug counselor As used in this article an

alcohol and drug counselor is a person providing counselingtherapy or other clinical services for a state licensed or certifieddrug alcohol or drug and alcohol treatment program Howeveralcohol or drug abuse or both alcohol and drug abuse is not inand of itself a sufficient basis for reporting child abuse or neglect

(39) A clinical counselor trainee as defined in subdivision (g)of Section 499912 of the Business and Professions Code

(40) A clinical counselor intern registered under Section 499942of the Business and Professions Code

(41) An athletic coach athletic administrator or athletic directoremployed by a public or private organization including but notlimited to schools and instittttions of higher e6ueation thatprovidekindergarten or any of grades 1 to 12 inclusive

(b) Except as provided in paragraph (35) of subdivision (a)volunteers of public or private organizations whose duties requiredirect contact with and supervision of children are not mandatedreporters but are encouraged to obtain training in the identificationand reporting of child abuse and neglect and are further encouragedto report known or suspected instances of child abuse or neglectto an agency specified in Section 111659

(c) Employers are strongly encouraged to provide theiremployees who are mandated reporters with training in the duties

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AB 1435 -6-

imposed by this article This training shall include training in childabuse and neglect identification and training in child abuse andneglect reporting Whether or not employers provide theiremployees with training in child abuse and neglect identificationand reporting the employers shall provide their employees whoare mandated reporters with the statement required pursuant tosubdivision (a) of Section 111665

(d) School districts that do not train their employees specifiedin subdivision (a) in the duties of mandated reporters under thechild abuse reporting laws shall report to the State Department ofEducation the reasons why this training is not provided

(e) Unless otherwise specifically provided the absence oftraining shall not excuse a mandated reporter from the dutiesimposed by this article

(f) Public and private organizations are encouraged to providetheir volunteers whose duties require direct contact with andsupervision of children with training in the identification andreporting of child abuse and neglect

(g) (1) On 6r befure Jttmtary 1 2014 ttll) pttblie 6r privflie6rganizttti6ftemp16ing ttft Mhletie e6tteh Mhletie ttdmimstrltt6r6r Mhletie direet6r ttSspeeified ift pMttgrttph (41) 6f sttbdivisi6ft(tt) shttll pr6 vide iftitittl trttining f6r th6se empl~ ees 6n thefull6vvingmtttters

(A) The identifiettti6n 6f ehild ttbttse ttnd negleet(D) Aeti vities thttt e6ftstitttte inltppr6prittte ttftd illegttl e6ntttet

betiveen tt 6tlth ltftd ltft ttthietie e6tteh Mhletie ttdmiftistrttt6r 6rttthietie direet6r

(6) The resp6nsibilities 6f tt pers6n identified lIStt mttndfliedrep6rter in this seeti6n ineIttding btl ft6t limited t6 ttll 6f thefull6 vving

(i) T6 ~h6m tt rep6rt is reqtlired t6 be mttde(ii) The inf6rmttti6n thttt is reqttired t6 be ifte1ttdedin tt rep6rt(iii) The time vvithiftvvhieha mandated rep6rter is reqttired t6

file tt rep6rt(2) Initittl training shall be pr6vided b perS6ftSkn6vvledgeltble

ift the identifiettti6n 6fehild aettse ttnd negleet inltppf6prittte ltftdillegal e6ntaet bem eena 6ttth and ltftadttIt ltftdstatttt6ry rep6rtingreqttiremeftts ltftdshttll e6nsist 6ftw6 h6ttrs 6felassr66m 6r 6therinteraetive trainiftg ltftdedttettti6n

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-7- AB 1435

1 (h) Commeneing on fmd aftel Jfmtlftry12014 fmofgfmization2 speeified in sttbdivision (g) shaHpro ide initial training within six3 months of the date that fm individtutl beeomes empleryed as an4 Mhletie eoaeh athletie administrator or athletie direetor ttnless5 the indi idttal reeei ed training Hithin tw0 years prior to the date6 the indi idtlal is empleryed An Mhletie eoaeh athletie7 administrator or athletie direetor Hho has leeeied initial training8 ptlfStlafttto sttbdiision (g) shall eomplete eontifttling training9 thereafter onee eery two years eonsisting of one hottf of

10 elassroom or other interaeti e training fmd edtteation11 SEC 2 No reimbtlrsement is reqtlired by this aet pttfStlafttto12 Seetion 6 ofArtiele )GIlD of the California Constitution for eertain13 eosts that may be inetllTed by a loeal ageney or sehool distriet14 beeatlse ift that regard this aet ereates a nev erime or infraetion15 eliminates a erime or infraetion or ehfmges the penalty fOfa erime16 or inflaetion Hithin the meaning of Seetion 17556 of the17 Goemment Code or ehanges the definition ofa elime Hithin the18 meaning of Seetion 6 of Aniele XIII D of the Califomia19 Constitution20 IIo~eer if the Commission on State Mfmdates determines that21 this aet eontainsother eosts mfmdated by the state reimbttfsement22 to loeal ageneies fmd sehool distliets for those eosts shall be made23 ptlfStlafttto Part 7 (eommeneing Hith Seetion 17500) of Division24 4 of Title 2 of the Goemment Code25 SEC 2 No reimbursement is required by this act pursuant to26 Section 6 of Article XIII B of the California Constitution because27 the only costs that may be incurred by a local agency or school28 district will be incurred because this act creates a new crime or29 infraction eliminates a crime or infraction or changes thepenalty30 for a crime or infraction within the meaning of Section 17556 of31 the Government Code or changes the definition of a crime within32 the meaning of Section 6 of Article XIII B of the California33 Constitution

o

95

AB 1904 Assembly Bill Status

MEASURE AUTHOR(S)TOPIC

HOUSE

CURRENT BILL STATUS

AB No 1904Block Butler and

Professions and vocationslicenses

LOCATION

Cookmilitary spouses temporary

TYPE OF BILL

SEN

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyAppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpub11-12billasmab _1901-1950ab _1904_ bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes Noes OOPASS17

An act to add Section 1155 to the Business andProfessions Code relating to professions and vocationsand making an appropriation therefor

-

AB 1588 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1588AUTHOR(S) Atkins (Principal coauthors Cook and Nielsen)

(Coauthors Block Beth Gaines Pan V Manuel PerezWilliams and Yamada)

TOPIC Professions and vocations reservist licensees fees andcontinuing education

HOUSE LOCATION SEN+LAST AMENDED DATE 03052012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS forLAST

LAST

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

TITLE An act to add Section 1143 to the Business andProfessions Code relating to professions and vocations

htlpllwwwleginfocagovpubll-12Ibillasmlab _1551-1600ab _1588 _bill_20120601_statu 652012

middot

AMENDED IN ASSEMBLY MARCH 5 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1588

Introduced by Assembly Member Atkins(Principal coauthors Assembly Members Cook and Nielsen)

(Coauthors Assembly Members Block Beth Gaines PanV Manuel Perez Williams and Yamada)

February 6 2012

An act to add Section 1143 to the Business and Professions Coderelating to professions and vocations

LEGISLATIVE COUNSELS DIGEST

AB 1588 as amended Atkins Professions and vocations reservistlicensees fees and continuing education

Existing law provides for the regulation of various professions andvocations by boards commissions or bureaus within the Departmentof Consumer Affairs and for the licensure or registration of individualsin that regard Existing law authorizes any licensee whose licenseexpired while he or she was on active duty as a member of the CaliforniaNational Guard or the United States Armed Forces to reinstate his orher license without examination or penalty if certain requirements aremet

This bill would require the boards commissions or bureaus describedabove to waive the renewal fees and continuing education requirementsif either is applicable of any licensee or registrant who is a reservistcalled to active duty as a member of the United States Military Reserveor the California National Guard if certain requirements are met

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

98

AB 1588 -2-

Thepeople of the State of Califomi a do enact asfollows

1 SECTION 1 Section 1143 is added to the Business and2 Professions Code to read3 1143 Notwithstanding any other provision oflaw everyboard4 commission or bureau within the department shall waive the5 renewal fees and continuing education requirements if either is6 applicable for any licensee or registrant who is a reservist called7 to active duty as a member of the United States Military Reserve8 or the California National Guard if all of the following9 requirements are met

10 (a) The licensee or registrant was in good standing with the11 board commission or bureau at the time the reservist was called12 to active duty13 (b) The renewal fees or continuing education requirements are14 waived only for the period during which the reservist is on active15 duty service16 (c) The active duty reservist or the active duty reservists spouse17 or registered domestic partner provides written notice satisfactory18 to the board commission or bureau that substantiates the19 reservists active duty service

o

98

AB 1896 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1896AUTHOR(S) ChesbroTOPIC Tribal health programs health care practitionersHOUSE LOCATION SEN+LAST AMENDED DATE 03272012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATIONCOMM ACTION DATECOMM ACTIONCOMM VOTE SUMMARY

ASM

05172012Referred to Com on B P amp EDBUSINESS PROFESSIONS AND CONSUMER PROTECTION04102012

Do passAyes 09 Noes OOPASS

TITLE An act to amend the heading of Article 10 (commencingwith Section 710) of Chapter 1 of Division 2 of and toadd Section 719 to the Business and Professions Coderelating to healing arts

httpwwwleginfocagovpubI11-12lbillasmab_1851-1900ab_1896_bill_20120517 _statu 652012

-

AMENDED IN ASSEMBLY MARCH 27 2012

CALIFORNIA LEGISLATURE-20II-12 REGULAR SESSION

ASSEMBLY BILL No 1896

Introduced by Assembly Member Chesbro

February 222012

An act to amend the heading of Article 10 (commencing with Section710) of Chapter 1 of Division 2 of and to add Section 719 to theBusiness and Professions Code relating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1896 as amended Chesbro Tribal health programs health carepractitioners

Under existing federal law licensed health professionals employedby a tribal health program are required to be exempt if licensed in anystate from the licensing requirements of the state in which the tribalhealth program performs specified services A tribal health program isdefined as an Indian tribe or tribal organization that operates any healthprogram service function activity or facility funded in whole or partby the Indian Health Service

Existing law provides for the licensure and regulation of health carepractitioners by various healing arts boards within the Department ofConsumer Affairs

This bill would codify that federal requirement by specifying that aperson who is licensed as a health care practitioner in any other stateand is employed by a tribal health program is exempt from any statelicensing requirement with respect to acts authorized under thepersonslicense where the tribal health program performs specified services

Vote majority Appropriation no Fiscal committee noState-mandated local program no

98

AD 1896 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 The heading of Article 10 (commencing with2 Section 710) of Chapter 1 of Division 2 of the Business and3 Professions Code is amended to read456789

101112131415161718192021

Article 10 Federal Personnel and Tribal Health Programs

SEC 2 Section 719 is added to the Business and ProfessionsCode to read

719 (a) A person who is licensed as a health care practitionerin any other state and is employed by a tribal health program asdefined in Section 1603 of Title 25 of the United States Code shallbe exempt from any licensing requirement described in this divisionwith respect to acts authorized under the persons license wherethe tribal health program performs the services described in thecontract or compact of the tribal health program under the IndianSelf-Determination and Education Assistance Act (25 USC Sec450 et seq)

(b) For purposes of this section health care practitioner meansany person who engages in acts that are the subject of licensureor regulation under this division or Ml) initiative 8et referred to inthis division the law of any other state

o

98

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1904

Introduced by Assembly Members Block Butler and Cook

February 222012

An act to add Section 1155 to the Business and Professions Coderelating to professions and vocations and making an appropriationtherefor

LEGISLATIVE COUNSELS DIGEST

AB 1904 as introduced Block Professions and vocations militaryspouses temporary licenses

Existing law provides for the licensure and regulation of variousprofessions and vocations by boards within the Department of ConsumerAffairs Existing law provides for the issuance of reciprocal licenses incertain fields where the applicant among other requirements has alicense to practice within that field in another jurisdiction as specifiedUnder existing law licensing fees imposed by certain boards withinthe department are deposited in funds that are continuously appropriated

This bill would authorize a board within the department to issue atemporary license to an applicant who among other requirements holdsan equivalent license in another jurisdiction as specified and is marriedto or in a legal union with an active duty member of the Armed Forcesofthe United States who is assigned to a duty station in California underofficial active duty military orders The bill would require a board toexpedite the process for issuing these temporary licenses The bill wouldrequire the applicant to pay any fees required by the board and wouldrequire that those fees be deposited in the fund used by the board toadminister its licensing program To the extent that the bill would

99

AB 1904 -2-

increase the amount of money deposited into a continuously appropriatedfund the bill would make an appropriation

Vote majority Appropriation yes Fiscal committee yesState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 1155 is added to the Business and2 Professions Code to read3 1155 (a) A board within the department may issue a4 temporary license to an applicant who meets all of the following5 requirements6 (l) Submits an application in the manner prescribed by the7 board8 (2) Supplies evidence satisfactory to the board that the applicant9 is married to or in a domestic partnership or other legal union

10 with an active duty member of the Armed Forces of the United11 States who is assigned to a duty station in this state under official12 active duty military orders13 (3) Holds a current license in another state district or territory14 of the United States with the requirements that the board determines15 are substantially equivalent to those established under this code16 for that occupation17 (4) Has not committed an act in anyjurisdiction that would have18 constituted grounds for denial suspension or revocation of the19 license under this code at the time the act was committed20 (5) Has not been disciplined by a licensing entity in another21 jurisdiction and is not the subject of an unresolved complaint22 review procedure or disciplinary proceeding conducted by a23 licensing entity in another jurisdiction24 (6) Pays any fees required by the board Those fees shall be25 deposited in the applicable fund or account used by the board to26 administer its licensing program27 (7) Submits fingerprints and any applicable fingerprinting fee28 in the manner required of an applicant for a regular license29 (b) A board shall expedite the procedure for issuing a temporary30 license pursuant to this section31 (c) A temporary license issued under this section shall be valid32 for 180 days except that the license may at the discretion of the

99

-3- AB 1904

I board be extended for an additional180-day period on application2 of the license holder3 (d) A board may adopt regulations necessary to administer this4 section

o

99

AB 1932 Assembly Bill Status

MEASURE AUTHOR(S)TOPICHOUSE+LAST

CURRENT BILL STATUS

AB No 1932Gorell (Coauthor Cook)

United States armed services healing arts boardsLOCATION SENAMENDED DATE 04172012

TYPE OF BILL

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpubI11-12Ibillasmab_1901-1950ab_1932_bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

An act to add Section 7102 to the Business andProfessions Code relating to healing arts

-

AMENDED IN ASSEMBLY APRIL 172012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1932

Introduced by Assembly Member-Ceek Gorell(Coauthor Assembly Member Cook)

February 222012

An act to add Section 7102 to the Business and Professions Coderelating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1932 as amended euroook Gorell United States armed serviceshealing arts boards

Existing law provides for the licensure and regulation of varioushealing arts professions and vocations by boards within the Departmentof Consumer Affairs Existing law requires the rules and regulations ofthese healing arts boards to provide for methods of evaluating educationtraining and experience obtained in military service if such training isapplicable to the requirements of the particular profession or vocationregulated by the board Under existing law the Department of VeteransAffairs has specified powers and duties relating to various programsserving veterans

This bill would require by January 12014 and annually thereafterevery healing arts board to issue a specified written report to theDepartment of Veterans Affairs and the Legislature as specified thatclearly details the methods of evaluating the education training andexperience obtained in military service and whether that educationtraining and experience is applicable to the boards requirements forlicensure The bill would declare the intent of the Legislature in thisregard

98

AB 1932 -2-

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 710 of the Business and Professions Code2 was enacted in 1969 and because healing arts boards have not3 demonstrated significant compliance with that section it is the4 intent of the Legislature to establish an annual reporting5 requirement to compel these boards to provide information about6 the methods of evaluating education training and experience7 obtained in military service in order to meet the needs of the8 upcoming wave of armed service members returning to civilian9 life

10 SEC 2 Section 7102 is added to the Business and Professions11 Code to read12 7102 (a) By January 12014 and annually thereafter every13 healing arts board described in this division shall issue a written14 report to the Department of Veterans Affairs and to the Legislature15 that clearly details the methods of evaluating the education16 training and experience obtained in military service and whether17 that education training and experience is applicable to the boards18 requirements for licensure This written report shall include but19 not be limited to quantitative information about the number of20 service members who have applied for and have used their military21 education training and experience to fulfill the boards22 requirements for licensure23 (b) (1) The requirement to submit a report to the Legislature24 under subdivision (a) shall be inoperative on January 1 201825 pursuant to Section 102315 of the Government Code26 (2) A report to the Legislature shall be submitted in compliance27 with Section 9795 of the Government Code

o

98

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      • AGENDA ITEM 4
      • DISCUSSION AND POSSIBLE ACTION REGARDING PENDING LEGISLATION
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                  • AB 171 Assembly Bill- Status
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10111213141516171819202122232425262728293031323334353637383940

AB 171 -10-

t61(3) Pharmacy care means medications prescribed by a licensed

physician and surgeon or other appropriately licensed or certifiedprovider and any health-related services deemed medicallynecessary to determine the need or effectiveness of the medications

ffl(4) Psychiatric care means direct or consultative psychiatric

services provided by a psychiatrist or ftny other ftlpropritttelylieensed or eertified pro vider licensed in the state in which he orshe practices

t81(5) Psychological care means direct or consultative

psychological services provided by a psychologist or fm)i otherflPproprifttely lieensed or eertified provider licensed in the state inwhich he or she practices

(9) Quftlified fttltism serviee provider shftll inelude ftftyntttionftlry or stttte lieensed or eertified person entity or gIOtlp thtttdesigns sttpeIv ises or pro vides trefttment of fttttism speetI mndisorders ftndthe tlftlieensed pel sonnel Stlpen ised b the lieensedor eertified person entity or grotlp pro vided the sen iees Mefv ithin the experienee ftnd seope of prftetiee of the lieensed oreertified person entity or grotlp Qtlftlified fttltism senieepm vider shftllmso include ftft serviee pro vider thttt is vendorizedb ftregionM eenter to pro vide those sftme sen iees fur fttltismspeetrttm disorders tlftder DiVisioft 45 (eommeneiftg with Seetion4588) of the WeIfMe ftftd Instittttions Code or Title 14(eommefteiftg vvith Seetion 95888) of the GOvernment Code ftftdthe tlftlieensed personnel stlpen ised b thftt pro vider 01 ftStttteDepMtment of Edtlefttion nonpttblie ftonseetftriftft ftgene ftSdefifted in Seetioft 56835 of the Edtletttion Code flPProved 16pro vide those SMIlesen iees fuI fttltism speetrttm disorders and thetlftlieensed personnel supen ised b thttt ftgene A qttft1ifiedfttltismsen ice pro vider shftll ensttre eriminm bftekgrotlftd sereening ftftdfingerprintiftg ftftd ftdequttte trftining ftftd Stlpen isioft of allpersonnel tttilized to implement sen iees An ntttionftllieense oreertifietttion reeogftized b this seetion shftllbe fteeredited by theNtttioftm Commission fur Certifyiftg Agencies (NCCA)

fWt(6) Therapeutic care means services provided by a licensed

or certified speech therftlists therapist an occupational therftpists

96

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-11- AB 171

therapist or a physical therapists ~r an) ~ther appropriatelylieensed ~r eertihed pr~ bullbullider therapist

tH1(7) Treatment for atrtism speetmm dis~rders pervasive

developmental disorder or autism means all of the followingcare including necessary equipment that develops maintains orrestores to the maximum extent practicable the functioning orquality of life of an individual with pervasive developmentaldisorder or autism and is prescribed or ordered for an individualdiagnosed with ~ne ~f the atttism speetmm dis~Iders pervasivedevelopmental disorder or autism by a licensed physician andsurgeon or a licensed psychologist ~r an) ~ther appIopIiMelyHeensed ~r eertihed pr~vider who determines the care to bemedically necessary

(A) Behlh i~r8lhealth treatmenttB1(A) Pharmacy care if the policy includes coverage for

prescription drugsfeuro7(B) Psychiatric caretB1(C) Psychological care(E1(D) Therapeutic care(F) Any eare fur indi viduals Vol ith autism speetrum dis~rders

thM is dem~nstrMed based up~n best praetiees ~r evidenee basedreseareh t~ be mediealry neeessary

(8) Treatmentfor pervasive developmental disorder or autismdoes not include behavioral health treatment as defined in Section1014451

U) This section with the exception of subdivision (b) shall notapply to dental-only or vision-only health insurance policies

SEC 3 No reimbursement is required by this act pursuant toSection 6 of Article XIII B of the California Constitution becausethe only costs that may be incurred by a local agency or schooldistrict will be incurred because this act creates a new crime orinfraction eliminates a crime or infraction or changes the penaltyfor a crime or infraction within the meaning of Section 17556 ofthe Government Code or changes the definition of a crime within

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AB 374 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASUREAUTHOR (S)TOPICHOUSE+LAST

AB NoHayashi

AthleticLOCATIONAMENDED DATE

374

SENOS272011

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

the request ofCOMM LOCATION

06162011In committee

authorSEN BUSINESS

Set first hearing Hearing canceled at

PROFESSIONS AND ECONOMIC DEVELOPMENT

TITLE An act to add Chapter 27 (commencing with Section18898) to Division 8 of the Business and ProfessionsCode relating to athletic trainers

httpwwwleginfocagovpub11-12billasmab_0351-0400ab_374_bill_20 652012

AB 386 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 386AUTHOR(S) GalgianiTOPIC Prisons telehealth systems+LAST AMENDED DATE 05112011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to add Section 50233 to the Penal Code relatingto prisoners

httpwww1eginfocagovpubI11-12lbillasmab_ 0351-0400ab _386_ bill_20120201_status 652012

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AB 439 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPICHOUSE+LAST

AB No 439Skinner

Health care informationLOCATION SENAMENDED DATE 06282011

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 07052011LAST HIST ACTION In committee Set first hearing Held without

recommendationCOMM LOCATION SEN JUDICIARY

TITLE An act to amend Section 5636 of the Civil Coderelating to health care information

httpwwwleginfocagovpub11-12billasmab_0401-0450ab _439 _bill_20120509 _status 652012

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AMENDED IN SENATE JUNE 28 2011

AMENDED IN ASSEMBLY MAY 182011

AMENDED IN ASSEMBLY APRIL 7 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 439

Introduced by Assembly Member Skinner

February 142011

An act to amend Section 5636 of the Civil Code relating to healthcare information

LEGISLATIVE COUNSELS DIGEST

AB 439 as amended Skinner Health care informationExisting law the Confidentiality of Medical Information Act (CMIA)

prohibits a health care provider a contractor or a health care serviceplan from disclosing medical information as defined regarding a patientof the provider or an enrollee or subscriber of the health care serviceplan without first obtaining an authorization except as specified Inaddition to other remedies available existing law authorizes anindividual to bring an action against any person or entity who hasnegligently released his or her confidential records in violation ofthoseprovisions for nominal damages of$lOOO

This bill would specify that in an action brought on or after January1 2012 a court may not award nominal damages if the defendantestablishes specified factors as an affirmative defense including butnot limited to that it is a covered entity as defined and has compliedwith any obligations to notify persons entitled to receive notice regardingthe release of the information The bill would also make a technicalnonsubstantive change

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AB439 -2-

Vote majority Appropriation no Fiscal committee noState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 5636 of the Civil Code is amended to2 read3 5636 (a) Any violation of the provisions of this part that4 results in economic loss or personal injury to a patient is punishable5 as a misdemeanor6 (b) In addition to any other remedies available at law any7 individual may bring an action against any person or entity who8 has negligently released confidential information or records9 concerning him or her in violation of this part for either or both

10 of the following11 (1) Except as provided in subdivision (e) nominal damages of12 one thousand dollars ($1000) In order to recover under this13 paragraph it shall not be necessary that the plaintiff suffered or14 was threatened with actual damages15 (2) The amount of actual damages if any sustained by the16 patient17 (c) (l) In addition any person or entity that negligently18 discloses medical information in violation of the provisions of this19 part shall also be liable irrespective of the amount of damages20 suffered by the patient as a result of that violation for an21 administrative fine or civil penalty not to exceed two thousand22 five hundred dollars ($2500) per violation23 (2) (A) Any person or entity other than a licensed health care24 professional who knowingly and willfully obtains discloses or25 uses medical information in violation of this part shall be liable26 for an administrative fine or civil penalty not to exceed twenty-five27 thousand dollars ($25000) per violation28 (B) Any licensed health care professional who knowingly and29 willfully obtains discloses or uses medical information in violation30 of this part shall be liable on a first violation for an administrative31 fine or civil penalty not to exceed two thousand five hundred32 dollars ($2500) per violation or on a second violation for an33 administrative fine or civil penalty not to exceed ten thousand34 dollars ($10000) per violation or on a third and subsequent35 violation for an administrative fine or civil penalty not to exceed

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twenty-five thousand dollars ($25000) per violation Nothing inthis subdivision shall be construed to limit the liability of a healthcare service plan a contractor or a provider of health care that isnot a licensed health care professional for any violation of thispart

(3) (A) Any person or entity other than a licensed health careprofessional who knowingly or willfully obtains or uses medicalinformation in violation of this part for the purpose of financialgain shall be liable for an administrative fine or civil penalty notto exceed two hundred fifty thousand dollars ($250000) perviolation and shall also be subject to disgorgement of any proceedsor other consideration obtained as a result of the violation

(B) Any licensed health care professional who knowingly andwillfully obtains discloses or uses medical information in violationofthis part for financial gain shall be liable on a first violation foran administrative fine or civil penalty not to exceed five thousanddollars ($5000) per violation or on a second violation for anadministrative fine or civil penalty not to exceed twenty-fivethousand dollars ($25000) per violation or on a third andsubsequent violation for an administrative fine or civil penalty notto exceed two hundred fifty thousand dollars ($250000) perviolation and shall also be subject to disgorgement of any proceedsor other consideration obtained as a result ofthe violation Nothingin this subdivision shall be construed to limit the liability of ahealth care service plan a contractor or a provider of health carethat is not a licensed health care professional for any violation ofthis part

(4) Nothing in this subdivision shall be construed as authorizingan administrative fine or civil penalty under both paragraphs (2)and (3) for the same violation

(5) Any person or entity who is not permitted to receive medicalinformation pursuant to this part and who knowingly and willfullyobtains discloses or uses medical information without writtenauthorization from the patient shall be liable for a civil penalty notto exceed two hundred fifty thousand dollars ($250000) perviolation

(d) In assessing the amount of an administrative fine or civilpenalty pursuant to subdivision (c) the Office of HealthInformation Integrity licensing agency or certifying board orcourt shall consider anyone or more of the relevant circumstances

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presented by any of the parties to the case including but not limitedto the following

(1) Whether the defendant has made a reasonable good faithattempt to comply with this part

(2) The nature and seriousness of the misconduct(3) The harm to the patient enrollee or subscriber(4) The number of violations(5) The persistence of the misconduct(6) The length of time over which the misconduct occurred(7) The willfulness of the defendants misconduct(8) The defendants assets liabilities and net worth(e) (1) In an action brought by an individual pursuant to

subdivision (b) on or after January 12012 the court shall awardany actual damages and reasonable attorneys fees and costs butmay not award nominal damages for a violation of this part if thedefendant establishes all of the following as an affirmative defense

(A) The defendant is a covered entity as defined in Section160103 of Title 45 of the Code of Federal Regulations

(B) The defendant has complied with any obligations to notifyall persons entitled to receive notice regarding the release of theinformation or records

(C) The release of confidential information or records was solelyto another covered entity

(D) The defendant took appropriate preventive actions to protectthe confidential information or records against release retentionor use by any person or entity other than the covered entity thatreceived the information or records including but not limited to

(i) Developing and implementing security policies andprocedures

(ii) Designating a security official who is responsible fordeveloping and implementing its security policies and proceduresincluding educating and training the workforce

(iii) Encrypting the information or records and protectingagainst the release or use of the encryption key and passwords ortransmitting the information or records in a manner designed toprovide similar protections against improper disclosures

(E) The defendant took appropriate corrective action after therelease of the confidential records or information and the coveredentity that received the information or records immediatelydestroyed or returned the information or records

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(F) The covered entity that received the confidential informationor records did not retain use or release the information or records

(G) The defendant has not Ifeviettsl) vielateti this IMt ef inthe eettrls tiisefetieft tieslite the Ifief vielatieftbeenfound liablefor a violation of this part within the three years preceding thealleged violation or the court determines that application of theaffirmative defense is found to be compelling and consistent withthe purposes ofthis section to promote reasonable conduct in lightof all the facts

(2) In an action under this subdivision a plaintiff shall beentitled to recover reasonable attorneys fees and costs withoutregard to an award of actual or nominal damages

(3) A defendant shall not be liable for more than one judgmenton the merits for a violation of this subdivision

(f) (1) The civil penalty pursuant to subdivision (c) shall beassessed and recovered in a civil action brought in the name of thepeople of the State of California in any court of competentjurisdiction by any of the following

(A) The Attorney General(B) Any district attorney(C) Any county counsel authorized by agreement with the

district attorney in actions involving violation of a countyordinance

(D) Any city attorney of a city(E) Any city attorney of a city and county having a population

in excess of 750000 with the consent of the district attorney(F) A city prosecutor in any city having a full-time city

prosecutor or with the consent of the district attorney by a cityattorney in any city and county

(G) The Director of the Office of Health Information Integritymay recommend that any person described in subparagraphs (A)to (F) inclusive bring a civil action under this section

(2) If the action is brought by the Attorney General one-halfofthe penalty collected shall be paid to the treasurer of the countyin which the judgment was entered and one-half to the GeneralFund If the action is brought by a district attorney or countycounsel the penalty collected shall be paid to the treasurer of thecounty in which the judgment was entered Except as provided inparagraph (3) if the action is brought by a city attorney or cityprosecutor one-half of the penalty collected shall be paid to the

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AB439 -6-

1 treasurer of the city in which the judgment was entered and one-half2 to the treasurer of the county in which the judgment was entered3 (3) If the action is brought by a city attorney of a city and4 county the entire amount of the penalty collected shall be paid to5 the treasurer of the city and county in which the judgment was6 entered7 (4) Nothing in this section shall be construed as authorizing8 both an administrative fine and civil penalty for the same violation9 (5) Imposition of a fine or penalty provided for in this section

10 shall not preclude imposition of any other sanctions or remedies11 authorized by law12 (6) Administrative fines or penalties issued pursuant to Section13 128015 of the Health and Safety Code shall offset any other14 administrative fine or civil penalty imposed under this section for15 the same violation16 (g) For purposes of this section knowing and willful shall17 have the same meanings as in Section 7 of the Penal Code18 (h) No person who discloses protected medical information in19 accordance with the provisions of this part shall be subject to the20 penalty provisions of this part

o

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AB 518 Assembly Bill Status Page I of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPICHOUSE+LAST

AB No 518Wagner

Elder and dependentLOCATION SENAMENDED DATE

adult abuse mandated reporters

03232011

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATION

06062011In committee Hearing postponed by committee

SEN BANKING AND FINANCIAL INSTITUTIONS

TITLE An act to repeal Section 7480 of the Government Codeand to amend Section 156301 of and to amend and repealSections 15633 15634 15640 and 156555 of theWelfare and Institutions Code relating to elder anddependent adult abuse

httpwwwleginfocagovpubll-12Ibillasmab_ 0501-0550ab_518_bill_2011 0615_status 652012

-

AMENDED IN ASSEMBLY MARCH 23 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 518

Introduced by Assembly Member Wagner

February 152011

Aft aet to amend Seetion 156301 of the Welfare and InstittttionsCode relating to elder abtlse An act to repeal Section 7480 of theGovernment Code and to amend Section 156301 of and to amend andrepeal Sections 15633 15634 15640 and 156555 of the Welfare andInstitutions Code relating to elder and dependent adult abuse

LEGISLATIVE COUNSELS DIGEST

AB 518 as amended Wagner Elder and dependent adult abusemandated reporters

Existing law the Elder Abuse and Dependent Adult Civil ProtectionAct establishes procedures for the reporting investigation andprosecution of elder and dependent adult abuse including but notlimited to financial abuse as defined These procedures require personsdefined as mandated reporters to report known or suspected instancesof elder or dependent adult abuse A violation of the reportingrequirements by a mandated reporter is a misdemeanor Existing lawwhich will be repealed on January 12013 defines who is a mandatedreporter of suspected financial abuse of an elder or dependent adult Aviolation ofthe financial abuse reporting requirements is subject to civilpenalties

This bill would delete the January 1 2013 repeal date and makeconforming changes

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

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15

20

25

30

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AB518 -2-

The people of the State of California do enact asfollows

1 SECTION 1 Section 7480 of the Government Code as2 amended by Section 2 of Chapter 234 of the Statutes of 2008 is3 repealed4 7480 Nothing in this ehapter prohibits an) of the following

(a) The dissemination of an) finaneial information that is not6 identified with or identifiable as being deri ved from the fiftMleial7 reeords of a partietllar etlstomer8 (b) When any poliee or sheriffs department or distriet attorney9 in this state eertines to a bank eredit tlftion or savin-gsassoeiation

in 4vritingthat a erime report has been filed that involves the11 alleged fratldttlent tlse of drafts eheeks or other orders drawfl12 tlJon MtY bank eredit tlftion or Sltv ings assoeiation in this state13 the poliee or sheriffs department or distriet attomey a eotlnty14 adttlt proteeti-ve sen iees oftiee 4vhen investigating the finaneial

abttse of an elder or dependent adttlt or a long term eare16 ombttdsman when investigating the finaneial abttse of an elder or17 dependent adttlt rna reqtlest a bank eredit tlftion or savings18 assoeiation to fttmish and a bank eredit tlftion or savings19 assoeiation shall fttmish a statement setting forth the folIowing

information with respeet to a etlstomer aeeotlnt speeified b) the21 reqttesting parry for a period 30 da s prior to and tlJ to 30 da) s22 following the date ofoeetnTenee of the alleged illegal aet invohin-g23 the aeeotlftt24 (1) The Itttftlber of items dishonored

(2) The nttmber of items paid that ereated Oierdrafts26 (3) The dollar volttme of the dishonored items and items paid27 whieh ereated overdrafts and a statement explaining an) eredit28 atTangementbetween the bank eredit tlftion or savin-gsassoeiation29 and etlstomer to pa) 0verdrafts

(4) The dates and amotlnts of deposits and debits and the aeeotlftt31 balanee on these dates32 (5) A eoJry of the signattlre eard inelttding the signattlre and33 an) addresses appearing on a etlstomers signattlre eard34 (6) The date the aeeottnt opened and ifapplieable the date the

aeeotlnt elosed36 (7) A bank eredit tlftion or saTvingsassoeiation that proiides37 the reqtlesting part) vvith eopies of one or more eomplete aeeottnt

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the taxpa er (2) the (iireet deposit refund bullbullas not rettlmed to theFranehise Tax Board and (3) the remnd TnaSdeposited direetlyon a speeifled date into the aeeotlftt of an aeeotmtholder of theflnaneial instittttion bullbullho bullbullas not entitled to reeei v e the refttndthen the flnaneial instittttion shall fttntish to the Franehise TaxBoard the name and address ofan eoo w ner eosigtter or an otherperson bullbullho had aeeess to the mnds in the aeeotlttt follo bullbulling thedate ofdiIeet deposit refund or if the aeeotmt has been dosed thename and address of the person bullbullho dosed the aeeOtlftt

(s) This seetion shall beeome operati v e on Jaftttary 1 2013SECTION 1SEC 2 Section 156301 of the Welfare and Institutions Code

is amended to read156301 (a) As used in this section mandated reporter of

suspected financial abuse of an elder or dependent adult meansall officers and employees of financial institutions

(b) As used in this section the term financial institution meansany of the following

(l) A depository institution as defined in Section 3(c) of theFederal Deposit Insurance Act (12 USC Sec 1813(c))

(2) An institution-affiliated party as defined in Section 3(u) ofthe Federal Deposit Insurance Act (12 USC Sec 1813(u))

(3) A federal credit union or state credit union as defined inSection 101 ofthe Federal Credit Union Act (12 USC Sec 1752)including but not limited to an institution-affiliated party of acredit union as defined in Section 206(r) of the Federal CreditUnion Act (12 USc Sec 1786(r))

(c) As used in this section financial abuse has the samemeaning as in Section 1561030

(d) (l) Any mandated reporter of suspected financial abuse ofan elder or dependent adult who has direct contact with the elderor dependent adult or who reviews or approves the elder ordependent adults financial documents records or transactionsin connection with providing financial services with respect to anelder or dependent adult and who within the scope of his or heremployment or professional practice has observed or hasknowledge of an incident that is directly related to the transactionor matter that is within that scope of employment or professionalpractice that reasonably appears to be financial abuse or whoreasonably suspects that abuse based solely on the information

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before him or her at the time of reviewing or approving thedocument record or transaction in the case of mandated reporterswho do not have direct contact with the elder or dependent adultshall report the known or suspected instance of financial abuse bytelephone immediately or as soon as practicably possible and bywritten report sent within two working days to the local adultprotective services agency or the local law enforcement agency

(2) When two or more mandated reporters jointly haveknowledge or reasonably suspect that financial abuse of an elderor a dependent adult for which the report is mandated has occurredand when there is an agreement among them the telephone reportmay be made by a member of the reporting team who is selectedby mutual agreement A single report may be made and signed bythe selected member of the reporting team Any member of theteam who has knowledge that the member designated to report hasfailed to do so shall thereafter make that report

(3) If the mandated reporter knows that the elder or dependentadult resides in a long-term care facility as defined in Section1561047 the report shall be made to the local ombudsman or locallaw enforcement agency

(e) An allegation by the elder or dependent adult or any otherperson that financial abuse has occurred is not sufficient to triggerthe reporting requirement under this section if both of the followingconditions are met

(1) The mandated reporter of suspected financial abuse of anelder or dependent adult is aware of no other corroborating orindependent evidence of the alleged financial abuse of an elder ordependent adult The mandated reporter of suspected financialabuse of an elder or dependent adult is not required to investigateany accusations

(2) In the exercise of his or her professional judgment themandated reporter of suspected financial abuse of an elder ordependent adult reasonably believes that financial abuse of anelder or dependent adult did not occur

(f) Failure to report financial abuse under this section shall besubject to a civil penalty not exceeding one thousand dollars($1000) or if the failure to report is willful a civil penalty notexceeding five thousand dollars ($5000) which shall be paid bythe financial institution that is the employer of the mandated

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reporter to the party bringing the action Subdivision (h) of Section15630 shall not apply to violations of this section

(g) (1) The civil penalty provided for in subdivision (f) shallbe recovered only in a civil action brought against the financialinstitution by the Attorney General district attorney or countycounsel No action shall be brought under this section by anyperson other than the Attorney General district attorney or countycounsel Multiple actions for the civil penalty may not be broughtfor the same violation

(2) Nothing in the Financial Elder Abuse Reporting Act of2005shall be construed to limit expand or otherwise modify any civilliability or remedy that may exist under this or any other law

(h) As used in this section suspected financial abuse of anelder or dependent adult occurs when a person who is requiredto report under subdivision (a) observes or has knowledge ofbehavior or unusual circumstances or transactions or a pattern ofbehavior or unusual circumstances or transactions that would leadan individual with like training or experience based on the samefacts to form a reasonable belief that an elder or dependent adultis the victim of financial abuse as defined in Section 1561030

(i) Reports of suspected financial abuse of an elder or dependentadult made by an employee or officer of a financial institutionpursuant to this section are covered under subdivision (b) of Section47 of the Civil Code

SEC 3 Section 15633 of the Welfare and Institutions Codeas amended by Section 5 of Chapter 140 of the Statutes of 2005is amended to read

15633 (a) The reports made pursuant to Sections 15630156301 and 15631 shall be confidential and may be disclosedonly as provided in subdivision (b) Any violation of theconfidentiality required by this chapter is a misdemeanorpunishable by not more than six months in the county jail by afine of five hundred dollars ($500) or by both that fine andimprisonment

(b) Reports of suspected abuse of an elder or dependent adultand information contained therein may be disclosed only to thefollowing

(1) Persons or agencies to whom disclosure of information orthe identity of the reporting party is permitted under Section156335

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(2) (A) Persons who are trained and qualified to serve onmultidisciplinary personnel teams may disclose to one anotherinformation and records that are relevant to the preventionidentification or treatment of abuse of elderly or dependentpersons

(B) Except as provided in subparagraph (A) any personnel ofthe multidisciplinary team or agency that receives informationpursuant to this chapter shall be under the same obligations andsubject to the same confidentiality penalties as the persondisclosing or providing that information The information obtainedshall be maintained in a manner that ensures the maximumprotection of privacy and confidentiality rights

(c) This section shall not be construed to allow disclosure ofany reports or records relevant to the reports of abuse of an elderor dependent adult if the disclosure would be prohibited by anyother provisions of state or federal law applicable to the reports orrecords relevant to the reports of the abuse nor shall it be construedto prohibit the disclosure by a financial institution of any reportsor records relevant to the reports of abuse of an elder or dependentadult if the disclosure would be required of a financial institutionby otherwise applicable state or federal law or court order

(d) This seetion shall remain in dIcet on) tmtilJantmry I 2813and as of that date is repealed unless a later enaeted statute thatis enaeted before JMlt1ary12813 deletes or extends that date

SEC 4 Section 15633 of the Welfare and Institutions Codeas added by Section 6 of Chapter 140 of the Statutes of 2005 isrepealed

15633 (a) The leports made ptlrstlMlt to Seetions 15638 and15631 shall be eonndential and may be diselosed on) as pro videdin stlbdivision (b) AIl) violation of the eonfidetttialrt reqtliredbythis ehapter is a misdemeanor ptlnishable bynot more than sixmoftths in the eounry jail b)l a nne ofn Vehundred dollars ($588)or byboth that nne and imprisonment

(b) Reports of stlspeeted elder 01 dependent adttlt abttse andinfenmation eontained therein may be diselosed only to thefollo vving

(1) Persons or ageneies to vvhomdiselostlfe of information orthe identity of the reporting pMty is permitted tlnder Seetion156335

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(2) EA) Persems who Me trftined Md qtlftlified to sene onmtlltidiseiplinftfjf persoflftel teftll1smfty diselose to one Mlotherinfermtttion Md reeords thftt Me relevflnt to the preventionidentifiefttion or trefttment of ftbttse of elderly or dependentpersons

EB) Exeept ftSpro vided in SMpMftgrftph EA) Mly personnel ofthe ftltlltidiseiplinftry teftftl or ftgeney thftt reeeives informfttionptlrstlftnt to this ehflPtel shftH he tinder the sftme ohligfttions ftndsttbjeet to the sftme eonfidentiftlity penftlties ftS the pelsondisdosing or pro viding thftt infermfttion The informfttion ohtftinedshftH he mftintftined in ft ftlftflfter thftt enstlfes the ftlftXimttmproteetion ofprivftey ftnd eonfidentiftlity rights

Ee) This seetion shftH not he eonstftled to ftHo diselostlfe ofMy reports or reeords rde vMit to the reports of elder or dependentftdttlt ftbttse if the disdostlfe votlld he prohibited hy My other110visions of stftte or federftllft bullbull ftppliefthle to the reports or reeordsrele vftnt to the reports of the flbttse

Ed) This seetion shftH heeome operftti ve on Jftntlftry I 2013SEC 5 Section 15634 of the Welfare and Institutions Code

as amended by Section 7 of Chapter 140 of the Statutes of 2005is amended to read

15634 (a) No care custodian clergy member healthpractitioner mandated reporter of suspected financial abuse of anelder or dependent adult or employee of an adult protectiveservices agency or a local law enforcement agency who reports aknown or suspected instance of abuse of an elder or dependentadult shall be civilly or criminally liable for any report requiredor authorized by this article Any other person reporting a knownor suspected instance of abuse of an elder or dependent adult shallnot incur civil or criminal liability as a result of any reportauthorized by this article unless it can be proven that a false reportwas made and the person knew that the report was false No personrequired to make a report pursuant to this article or any persontaking photographs at his or her discretion shall incur any civil orcriminal liability for taking photographs of a suspected victim ofabuse of an elder or dependent adult or causing photographs to betaken of such a suspected victim or for disseminating thephotographs with the reports required by this article Howeverthis section shall not be construed to grant immunity from thisliability with respect to any other use of the photographs

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AB518 -16-

(b) No care custodian clergy member health practitionermandated reporter of suspected financial abuse of an elder ordependent adult or employee of an adult protective services agencyor a local law enforcement agency who pursuant to a request froman adult protective services agency or a local law enforcementagency investigating a report of known or suspected abuse of anelder or dependent adult provides the requesting agency withaccess to the victim of a known or suspected instance of abuse ofan elder or dependent adult shall incur civil or criminal liabilityas a result of providing that access

(c) The Legislature finds that even though it has providedimmunity from liability to persons required to report abuse of anelder or dependent adult immunity does not eliminate thepossibility that actions may be brought against those persons basedupon required reports of abuse In order to further limit the financialhardship that those persons may incur as a result of fulfilling theirlegal responsibilities it is necessary that they not be unfairlyburdened by legal fees incurred in defending those actionsTherefore a care custodian clergy member health practitioneror an employee of an adult protective services agency or a locallaw enforcement agency may present to the StMe B6Md 6pound C6ntr61California Victim Compensation and Government Claims Boarda claim for reasonable fttt6meys attorneys fees incurred in anyaction against that person on the basis of making a report requiredor authorized by this article if the court has dismissed the actionupon a demurrer or motion for summary judgment made by thatperson or if he or she prevails in the action The StMe B6ftrd 6fC6ntr61 California Victim Compensation and Government ClaimsBoard shall allow that claim if the requirements ofthis subdivisionare met and the claim shall be paid from an appropriation to bemade for that purpose Att6mey s Attorneys fees awarded pursuantto this section shall not exceed an hourly rate greater than the ratecharged by the Attorney General at the time the award is madeand shall not exceed an aggregate amount of fifty thousand dollars($50000) This subdivision shall not apply if a public entity hasprovided for the defense of the action pursuant to Section 995 ofthe Government Code

(d) This seeti6n shftll remftin in dfeet 6ttly tmtil J8fttlfll)1 2013ftnd ftS6pound thftt dMe is repeftled wIess ft IMer enfteted stMute thMis en8eted before Jftftt18ry12013 deletes 6r extends thM dMe

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SEC 6 Section 15634 of the Welfare and Institutions Codeas amended by Section 711 ojChapter 538 of the Statutes oj2006is repealed

15634 eft) No eMe etlstodimt ele~ member hea-lthpraetitioner or employee of an adttlt proteeti-ve serviees ageneyor a loeal larn enforeement ageney who reports a lrnown orsttspeeted instanee of elder or dependent adtllt abtlse shaHbe eiviHyor eriminalry liable for any report reqttired or attthorizedby thisartiele Any other peIson reporting a lrnOWfior stlspeeted instaneeof elder or dependeItt adttIt abtlse shall not inettr ei vil or eriminalliability as a restllt of any report attthorizedby this artiele ttnlessit ean be pro ven that a false report was made and the person knewthat the report vvasrelse gteJoperson reqtlired to make a reportptlrstlant to this artiele or any person taking photographs at his orher diseretion shall inettr any eivii or eriminalliability fer takingphotographs of a stlspeeted vietim of elder or dependent adtlltabtlse or eattsing photographs to be taken of the stlspeeted vietimor fOIdisseminating the photographs with the reports reqtlired bythis artiele However this seetion shall not be eonstmed to gIantimmttnity from this liability vvithrespeet to any other tlse of thephotographs

(b) No eMe etlstodian el~ member health praetitioner oremployee of an adtlIt proteetive seniees ageney or a loea-l lawenfereemeItt ageney who pttrsttant to a reqtlest from an adttltproteeti-ie seniees ageney or a loeal lavI enforeemeItt ageneyinvestigating a report of lrnOViftor stlspeeted elder or dependentadtllt abtlse proides the reqtlesting ageney with aeeess to thevietim of a lrnovvnor stlspeeted instanee of elder or dependeIttadttlt abtlse shall inettr eiviI or eriminal liability as a restlIt ofpro viding that aeeess

ee) The Legislatttre finds that even thOtlgh it has pIOvidedimmtlnity from liability to peIsons reqtlired to report elder ordependent mit abttse immtlIlity does not eliminate the possibilitythat aetions may be brotlght agamst those persons based tlJ0nreqtlired reports of abtlse In order to fttrther limit the finaneialhardship that those persons may inettr as a resttIt offttlfilling theirlegal responsibilities it is neeessary that they not be tlftreirlybttrdened by legal fees inetlffed in defending those aetionsTherefore a eMeetlstodian ele~ member health praetitioneror employee ofan adttlt proteetive seniees ageney or a loeallffi7t

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AB518 -18-

enfOieement agene)l ma) present to the CalifeJmia VietimCempensatien and Geemment Claims BeMd a elaim feJrreasenable atteme)s fees inetJifedin any aetien agffinstthat persenen the basis efmMcinga repert reqtlired er attth6rizedb)l this Mtieleif the eeM has dismissed the aetien t1pen a demtlffer el metienfur sttmillM)lj tldgment made b that persen el ifhe er she preailsin the aetien The Califumia Vietim Cempensatien andGeemment Claims Beard shall allew that ehtim if thereqtlirements ef this sttbdi isien Me met and the elaim shall bepaid fl6man fllprepriatien te be made fur that ptllpese Atteme) sfees aarded ptliStlMltto this seetien shall net exeeedan hetlilyrate greater than the late eharged b the Attemey General at thetime the aard is made and sh8llnet exeeedan aggregate amettllteffitty thetlsanBdellMs ($50000) This sttbdF isien shall net applyif a pttblie enti) has pmbullided fer the defense ef the aetien ptlistlantte Seetien 995 ef the Ge emment Cede

(6) This seetien shall beeeme eperatie en JMttlM)12013SEC 7 Section 15640 of the Welfare and Institutions Code

as amended by Section 9 of Chapter 140 of the Statutes of2005is amended to read

15640 (a) (1) An adult protective services agency shallimmediately or as soon as practically possible report by telephoneto the law enforcement agency having jurisdiction over the caseany known or suspected instance of criminal activity and to anypublic agency given responsibility for investigation in thatjurisdiction of cases of elder and dependent adult abuse everyknown or suspected instance of abuse pursuant to Section 15630or 156301 of an elder or dependent adult A county adult protectiveservices agency shall also send a written report thereof within twoworking days of receiving the information concerning the incidentto each agency to which it is required to make a telephone reportunder this subdivision Prior to making any cross-report ofallegations of financial abuse to law enforcement agencies anadult protective services agency shall first determine whether thereis reasonable suspicion of any criminal activity

(2) If an adult protective services agency receives a report ofabuse alleged to have occurred in a long-term care facility thatadult protective services agency shall immediately inform theperson making the report that he or she is required to make thereport to the long-term care ombudsman program or to a local law

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-19- AB518

enforcement agency The adult protective services agency shallnot accept the report by telephone but shall forward any writtenreport received to the long-term care ombudsman

(b) If an adult protective services agency or local lawenforcement agency or ombudsman program receiving a report ofknown or suspected elder or dependent adult abuse determinespursuant to its investigation that the abuse is being committed bya health practitioner licensed under Division 2 (commencing withSection 500) of the Business and Professions Code or any relatedinitiative act or by a person purporting to be a licensee the adultprotective services agency or local law enforcement agency orombudsman program shall immediately or as soon as practicallypossible report this information to the appropriate licensingagency The licensing agency shall investigate the report in lightof the potential for physical harm The transmittal of informationto the appropriate licensing agency shall not relieve the adultprotective services agency or local law enforcement agency orombudsman program of the responsibility to continue its owninvestigation as required under applicable provisions of law Theinformation reported pursuant to this paragraph shall remainconfidential and shall not be disclosed

(c) A local law enforcement agency shall immediately or assoon as practically possible report by telephone to the long-termcare ombudsman program when the abuse is alleged to haveoccurred in a long-term care facility or to the county adultprotective services agency when it is alleged to have occurredanywhere else and to the agency given responsibility for theinvestigation of cases of elder and dependent adult abuse everyknown or suspected instance of abuse of an elder or dependentadult A local law enforcement agency shall also send a writtenreport thereof within two working days of receiving the informationconcerning the incident to any agency to which it is required tomake a telephone report under this subdivision

(d) A long-term care ombudsman coordinator may report theinstance of abuse to the county adult protective services agencyor to the local law enforcement agency for assistance in theinvestigation of the abuse if the victim gives his or her consent Along-term care ombudsman program and the Licensing andCertification Division ofthe State Department ofIIealth SeI ieesPublic Health shall immediately report by telephone and in writing

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AB518 -20-

1 within two working days to the bureau any instance of neglect2 occurring in a health care facility that has seriously harmed any3 patient or reasonably appears to present a serious threat to the4 health or physical well-being of a patient in that facility If a victim5 or potential victim of the neglect withholds consent to being6 identified in that report the report shall contain circumstantial7 information about the neglect but shall not identify that victim or8 potential victim and the bureau and the reporting agency shall9 maintain the confidentiality of the report until the report becomes

lOa matter of public record11 (e) When a county adult protective services agency a long-term12 care ombudsman program or a local law enforcement agency13 receives a report of abuse neglect or abandonment of an elder or14 dependent adult alleged to have occurred in a long-term care15 facility that county adult protective services agency long-term16 care ombudsman coordinator or local law enforcement agency17 shall report the incident to the licensing agency by telephone as18 soon as possible19 (f) County adult protective services agencies long-term care20 ombudsman programs and local law enforcement agencies shall21 report the results of their investigations of referrals or reports of22 abuse to the respective referring or reporting agencies23 Eg) This seeti6n shall remain in dIcet 6ny tlfttilJ~ 1201324 and as 6f that date is repealed unless a later enaeted stMttte that25 is enaeted bef6re Janttary 12013 deletes 6r extends that date26 SEC 8 Section 15640 of the Welfare and Institutions Code27 as added by Section 10 of Chapter 140 of the Statutes of 2005 is28 repealed 29 15640 Ea) E1) An adult pr6teeti e sen iees ageney shall30 immediate) 6r as S66nas praetieal) p6ssible rep6rt 0 te1eph6ne31 t6 the la~ enf6reement ageney haing jttrisdieti6n 6er the ease32 an kntMfl6r suspeeted instanee 6f eriminal aeth it) and t6 any33 pttblie agene gien resp6nsibilit) f6r illestigMi6n in that34 jurisdieti6n 6f eases 6f elder and dependent adttlt abuse eery35 kfl6n6r suspeeted instanee 6f aetlse purstlant t6 Seeti6n 1563036 6f an elder 6r dependent adttlt A e6t11ltyadttlt pr6teeti e sen iees37 ageney shall als6 send a TV ritten rep6rt there6f Vv ithin ti 6 V 6rking38 days 6f reeeiving the inwrmati6n e6neeming the ineident t6 eaeh39 ageney t6 vv hieh it is reqtlired t6 make a teleph6ne Iep6rt tlftder40 this subdiisi6n Pri6r t6 making an er6SSIep6rt 6f allegati6ns

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-21- AB518

offilumeial abttse to lavvenforeemertt a-geneiesMladult proteetFesen iees agene) shaH first determine whether there is reasonablesuspieion of tmJ eriminM aeti vit

(2) If an adult proteeti ve sen iees agene) reeei ves a report ofabttse alleged to ha ve oeettlTed in a long teml eare faeilit) thatadttlt proteeti ve sen iees ageney shall immediate) infoml theperson making the report that he or she is required to make thereport to the long term eare ombttdsman program 01 to aloeallawenforeemertt a-geneyThe adttlt proteeti ve sen iees agene) shallnot aeeept the report b) telephone btlt shall fonvMd flit) vvTittenreport leeehed to the long teml eare ornbtldsman

(b) If an adtllt proteetive seniees ageney or loeal lawenforeement agene) or ornbtldsman program reeei vinga report ofkftovm or stlspeeted elder or dependent adttlt MtlSe determinespttrstlartt to its inYestigationthat the flbttseis being eommitted bya health 11aetitioner lieensed tlftder Division 2 (eonJffieneingwithSeetion 500) of the Btlsiness flftdProfessions Code or flit) lelatedinitiatiye aet or by a person ptlrporting to be a lieensee the adtlltproteetive seniees a-gene) or loeallaw enforeement agene) orombttdsman program shall immediate) or as soon as praetieall)possible report this mformation to the appropriate lieensingagene) The lieensing agene) shall investigate the report in lightof the poterttial fur ph) sieal hamlThe trMlsmittfllof informationto the appropriate lieensing agene) shall not relieve the adtlltproteethe serviees agene) or loeallaw enforeement agene) orornbtldsmflft program of the responsibility to eorttinue its 0~vninvestigation as reqttired tlftder applieable provisions of law Theinformation reported pttrstlant to this paragraph shall remaineoniiderttial flItdshfl11not be diselosed

(e) A loealla bullbull enforeement agefte) shall immediate) or assoon as praetieal) possible report b) telephone to the long termeare ombtldsman program bullbullhen the abtlse is alleged to haveoeetllTed in a long term eare faeilit) or to the eotlnt) adttltproteetive seniees agene) bullbullhen it is alleged to have oeeUlfedan) vvhere else flftd to the agene) gh en responsibilit) for theinvestigation of eases of elder and dependent adttlt abtlse everykftovm or stlspeeted instflftee of MtlSe of an elder or dependerttadttlt A loeallaw enforeement ageney shall also send a Ylfittenreport thereof bullbullithin ftv0 vvorking dfl)s ofreeei ving the infomlation

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AB518 -22-

eoneeming the ineident to an agenC) to vvhieh it is reqtlired toftutke a telephone report tlIlderthis stlbdh ision

Ed) A long tenn eare ombttdsman eoordinator mll) report theinstlllleeof abtlse to the eot1llryadttlt proteetive seniees ageneyor to the loeal la bullbull enforeement agenC) for assistlllleein theinvestigationof the abttse if the vietim gives his or her eonsent Along tenn eMe ombtldsmllllprogram llIldthe Lieensing llIldCertifieation Division of the State DepMtment ofIIealth Senieesshall immediately report b telephone llIldin vvriting vvithin hiv0tv orkingdll) s to the bm eatl an instlllleeof negleet oeet1ffingin ahealth eare faeiliry that has seriotlsl hMmed an patient orreasonably appeMs to present a seriotls threat to the health orph sieal vvell being of a patient in that ffteiliry If a J ietim orpotential TV ietim of the neglect vithholds eonsent to being identifiedin that report the report shall eontain eirettmstlllltialinformationabom the negleet bm shall not identif) that vietim or potentialvietim and the bttreatl llIldthe reporting agenC) shall maintain theeoniidentialiry of the report tlntil the report beeomes a matter ofptlblie reeord

Ee) hen a eotlllryadttlt proteeti ve sen iees agenC) a long termeare ombtldsman program or a loeal la enforeement ageneyreeeives a report ofabttse negleet or ablllldonmentofllllelder ordependent adttlt alleged to have oeet1ffedin a long term earefaeiliry that eotlnty adtllt proteeti ve sen iees agenC) long termeare ombtldsmlllleoordinator or loeallavv enforeement ageneyshall report the ineident to the lieensing agene b telephone assoon as possible

ED COtl1lt)adtllt proteetive seniees ageneies long term eareombttdsman programs and 10ea1lavvenforeement ageneies shallreport the restllts of their investigations of referrals or reports ofabtlse to the respeetive referring or reporting ageneies

Eg) This seetion shall beeome operative on JllIlt1flry12013SEC 9 Section 156555 of the Welfare and Institutions Code

as amended by Section 11 of Chapter 140 of the Statutes of 2005is amended to read

156555 A county adult protective services agency shallprovide the organizations listed in paragraphs (v) (w) and (x) ofSection 1561017 and mandated reporters of suspected financialabuse of an elder or dependent adult pursuant to Section 156301with instructional materials regarding abuse and neglect of an elder

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-23- AB518

1 or dependent adult and their obligation to report under this chapter2 At a minimum the instructional materials shall include the3 following4 (a) An explanation of abuse and neglect of an elder or dependent

adult as defined in this chapter6 (b) Information on how to recognize potential abuse and neglect7 of an elder or dependent adult8 (c) Information on how the county adult protective services9 agency investigates reports of known or suspected abuse and

neglect11 (d) Instructions on how to report known or suspected incidents12 of abuse and neglect including the appropriate telephone numbers13 to call and what types of information would assist the county adult14 protective services agency with its investigation of the report

(e) This seetion shall remain in eifcet only tlfttil Jflfttlttry 1 201316 and as of that date is repealed tmless a later enaeted stattlte that17 is enaeted before Jafttlttry 12013 deletes or extends that date18 SEC 10 Section 156555 of the Welfareand Institutions Code19 as amended by Section 712 of Chapter 538 of the Statutes of2006

is repealed21 156555 A eottftt) achtlt proteetive serviees agene) shall22 pmvide the organi2ations listed in paragraphs (v) (vv) and Ex) of23 Seetion 1561017 with instItletional materials regarding elder and24 dependent achtlt abtlse and negleet and their obligation to report

under this ehapter At a minimum the instruetional materials shall26 inelude the follovving27 (a) An explanation of elder and dependent achtlt abuse and28 negleet as defined in this ehapter29 (b) Information on how to reeogni2e potential elder and

dependent achtlt abuse and negleet31 (e) Information on ho vIthe eottftt) achtlt proteeti ve serv iees32 agene) investigates reports of knovm or suspeeted abuse and33 negleet34 (d) Instmetions on hovv to report ]movvn or suspeeted ineidents

of abuse and negleet ineltlding the appropriate telephone llt11llbers36 to eall and what rypes of information vvould assist the eount) adult37 proteetirv e sen iees agene) with its in (estigation of the report38 (e) This seetion shall beeome operati e on January I 20 13

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AB 608 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 608Pan

Health care coverage telemedicine

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to health care

httpwww1eginfocagovpubII-12Ibillasmab_0601-0650ab _608_ bill_ 20120201_status 652012

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AB 783 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 783AUTHOR(S) HayashiTOPIC Professional corporations licensed physical therapists

and occupational therapists+LAST AMENDED DATE 04072011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

COMMCOMMCOMM

HIST ACT DATEHIST ACTION

From committeeRule 62(a)

LOCATION SENACTION DATEACTION

06282011In committee Set second hearing Failed passagewithout further action pursuant to Joint

LASTLAST

BUSINESS PROFESSIONS AND ECONOMIC DEVELOPMENT06272011

Set second hearing Failed passage in Committee

TITLE An act to amend Section 2406 of the Business andProfessions Code and to amend Section 134015 of theCorporations Code relating to professional corporations

httpwwwleginfocagovpub11-12billasmab_0751-0800ab_783_bill_20111115_status 652012

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AMENDED IN ASSEMBLY APRIL 7 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 783

Introduced by Assembly Member Hayashi

February 172011

An act to amend Section 2406 of the Business and Professions Codeand to amend Section 134015 of the Corporations Code relating toprofcssiemal eorporations and deelaring the mgeney thereof to tttkeeffeet immediatelyprofessional corporations

LEGISLATIVE COUNSELS DIGEST

AB 783 as amended Hayashi Professional corporations licensedphysical therapists and occupational therapists

Existing law regulating professional corporations provides that certainhealing arts practitioners may be shareholders officers directors orprofessional employees of a medical corporation-er-a podiatric medicalcorporation or a chiropractic corporation subject to certain limitations

This bill would add licensed physical therapists and licensedoccupational therapists to the list of healing arts practitioners who maybe shareholders officers directors or professional employees of thosecorporations The bill would also make conforming changes to a relatedprovision

This bill vv otlld deelare that it is to take etteet immediately as anmgeney statttte

Vote -majority Appropriation no Fiscal committee noState-mandated local program no

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AB783 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 2406 of the Business and Professions2 Code is amended to read3 2406 A medical corporation or podiatry corporation is a4 corporation that is authorized to render professional services as

defined in Sections 13401 and 134015 ofthe Corporations Code6 so long as that corporation and its shareholders officers directors7 and employees rendering professional services who are physicians8 and surgeons psychologists registered nurses optometrists9 podiatrists chiropractors acupuncturists naturopathic doctors

physical therapists or in the case of a medical corporation only11 physician assistants marriage and family therapists or clinical12 social workers are in compliance with the Moscone-Knox13 Professional Corporation Act the provisions of this article and all14 other statutes and regulations now or hereafter enacted or adopted

pertaining to the corporation and the conduct of its affairs16 With respect to a medical corporation or podiatry corporation17 the governmental agency referred to in the Moscone-Knox18 Professional Corporation Act is the board19 SEC 2 Section 134015 of the Corporations Code is amended

to read21 134015 Notwithstanding subdivision (d) of Section 1340122 and any other provision of law the following licensed persons23 may be shareholders officers directors or professional employees24 of the professional corporations designated in this section so long

as the sum of all shares owned by those licensed persons does not26 exceed 49 percent ofthe total number of shares of the professional27 corporation so designated herein and so long as the number of28 those licensed persons owning shares in the professional29 corporation so designated herein does not exceed the number of

persons licensed by the governmental agency regulating the31 designated professional corporation32 (a) Medical corporation33 (1) Licensed doctors of podiatric medicine34 (2) Licensed psychologists

(3) Registered nurses36 (4) Licensed optometrists37 (5) Licensed marriage and family therapists38 (6) Licensed clinical social workers

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-3-

(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists(10) Naturopathic doctors(11) Licensed physical therapists(12)Licensed occupational therapists(b) Podiatric medical corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed optometrists(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(8) Licensed physical therapists(9) Licensed occupational therapists(c) Psychological corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Registered nurses(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed chiropractors(8) Licensed acupuncturists(9) Naturopathic doctors(d) Speech-language pathology corporation(1) Licensed audiologists(e) Audiology corporation(1) Licensed speech-language pathologists(t) Nursing corporation(l) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists

AB783

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AB783 -4-

(10) Naturopathic doctors(g) Marriage and family therapy corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed clinical social workers(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(h) Licensed clinical social worker corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed marriage and family therapists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(i) Physician assistants corporation(1) Licensed physicians and surgeons(2) Registered nurses(3) Licensed acupuncturists(4) Naturopathic doctorsG) Optometric corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(k) Chiropractic corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed acupuncturists(9) Naturopathic doctors

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-5- AB783

(10) Licensed physical therapists(11) Licensed occupational therapists(l) Acupuncture corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed physician assistants(9) Licensed chiropractors(10) Naturopathic doctors(m) Naturopathic doctor corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed physician assistants(5) Licensed chiropractors(6) Licensed acupuncturists(7) Licensed physical therapists(8) Licensed doctors of podiatric medicine(9) Licensed marriage family and child counselors(10) Licensed clinical social workers(11) Licensed optometrists(n) Dental corporation(1) Licensed physicians and surgeons(2) Dental assistants(3) Registered dental assistants(4) Registered dental assistants in extended functions(5) Registered dental hygienists(6) Registered dental hygienists in extended functions(7) Registered dental hygienists in alternative practiceSEC 3 This aet is Ml ttrgene statttte neeessary for the

immediatepresenation of the ptlblie peaee hettlihor saferyvvithinthe meMling of Miele IV of the Constittttion Mld shaHgo intoimmediate effeet The fftets eonstitttting the neeessiry Me

In order to 8t1thorizelieensed physieal therapists to beshareholders offieers mreetors or professional employees of

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1 memeal eorpofatiofts andpodiatrie medieal eorpofatiofts as soOft2 as possible it is fteeessary that this aet tftke dIeet immediately

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AB 800 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 800Huber

Boards and commissions time reporting

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to add Section 1156410 to the Government Coderelating to boards and commissions

httpwwwleginfocagovpubI11-12billasmlab_0751-0800ab _800_ bill_20120201_status 652012

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AB 958 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 958Bill Berryhill

Regulatory boards limitations periods

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to Art IV Sec 10(e) of theFrom committee Filed with the Chiefto Joint Rule 56BUSINESS PROFESSIONS AND CONSUMER PROTECTION

TITLE An act to add Section 1105 to and to repeal Sections16702 22305 296005 3137 375051 498205499032 5561 5661 76865 988420 and 98898 of theBusiness and Professions Code relating to regulatoryboards

httpwwwleginfocagovpub11-12lbillasmlab_0951-1 OOOab_958 _bill_ 20120202_ status 652012

AB 1003 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 1003Smyth

Professional and vocational licenses

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to professional and vocational licenses

httpwwwleginfocagovpubll-12Ibillasmlab_l00l-l 050ab_1003 _bill_2012020 I_statu 652012

-

AB 1205 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1205AUTHOR(S) Bill BerryhillTOPIC Licensed behavior analysts+LAST AMENDED DATE 04042011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to amend Section 499018 of and to add Chapter52 (commencing with Section 252971) to Division 2 ofthe Business and Professions Code relating to healingarts

httpwwwleginfocagovpub11-12billasmab _120 1-1250ab_1205 _bill_20 120201_statu 652012

AB 1435 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1435AUTHOR(S) Dickinson (Coauthors Alejo Buchanan and Hill) TOPIC Child abuse reporting athletic personnelHOUSE LOCATION SEN+LAST AMENDED DATE OS252012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredState-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS for

LASTLAST

APPROPRIATIONSOS252012

Do pass as amendedAyes 17 Noes OOPASS

TITLE An act to amend Section 111657 of the Penal Coderelating to child abuse reporting

httpwww1eginfocagovpub11-12lbiIVasmab_140 1-1450ab _1435 _bill~0120601_statu 652012

AMENDED IN ASSEMBLY MAY 25 2012

AMENDED IN ASSEMBLY MARCH 21 2012

AMENDED IN ASSEMBLY MARCH 142012

AMENDED IN ASSEMBLY FEBRUARY 29 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1435

Introduced by Assembly Member Dickinson(Coauthors Assembly Members Alejo Buchanan and Hill)

January 4 2012

An act to amend Section 111657 of the Penal Code relating to childabuse reporting

LEGISLATIVE COUNSELS DIGEST

AB 1435 as amended Dickinson Child abuse reporting athleticpersonnel

Existing law the Child Abuse and Neglect Reporting Act requiresa mandated reporter as defined to report whenever he or she in his orher professional capacity or within the scope of his or her employmenthas knowledge of or observed a child whom the mandated reporterknows or reasonably suspects has been the victim of child abuse orneglect Failure to report an incident is a crime punishable byimprisonment in a county jail for a period of up to 6 months a fine ofup to $1000 or by both that imprisonment and fine

This bill would add athletic coaches athletic administrators andathletic directors employed by a public or private organization to thelist of individuals who are mandated reporters The bill otlld reqtlirean ptlblie or pri v ate orgflftizationernplo ing flftathletieeoaen Mhletie

95

~

AB 1435 -2-

ftdministrator or Mhletie direetor to hftve provided initiftl trftining byJflfttlM) I 2014 on speeified mfttters relMing to ehiM a-bttse ftftdnegleetfor those employees On ftftd ftfter lftnuftry 12014 the bill vvottld reeJtlireinitiftl trftining to be pro vided IV ithin 6 months of the dMe ftn indi vidttftlbeeomes employed in thM eftlfteiry The bill vvouM require theseindividuftls to eomplete eontifttling tminmg every 2 yeMs

By imposing the reporting requirements on a new class of personsfor whom failure to report specified conduct is a crime ftftdby imposingne~ trftining reeJtlirements on publie oIgftfiiZMions ineluding loeftlgOvernment entities this bill would impose a state-mandated localprogram

The Cftlifomift Constittltion reqtlires the stMe to reimbtlfse loeftlftgeneies ftnd sehool distriets for eertftin eosts mftftdMed by the stftteStftttltory pItYvisions esffiblish proeedtlfes for mftkffigthftt reimbtlfsement

This bill hould pro vide thM 4vith regMd to eertftin mftftdfttes noIeimbtlfsement is reeJtlired by this ftet for ft speeified reftson

Vith regftM to ftny other mftndMeS this bill vv0tlM pro vide thM if theCommission on StMe ~bndtltes determines thM the bill eontftins eostsso mftndftted by the stftte reimbttIsement for those eosts shftll be mftdeptlfStlftnt to the stftttltory pro visions noted ttbo ve

The California Constitution requires the state to reimburse localagencies and school districts for certain costs mandated by the stateStatutory provisions establish procedures for making thatreimbursement

This bill would provide that no reimbursement is required by this actfor a specified reason

Vote majority Appropriation no Fiscal committee yesState-mandated local program yes

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 111657 of the Penal Code is amended2 to read3 111657 (a) As used in this article mandated reporter is4 defined as any of the following5 (1) A teacher6 (2) An instructional aide7 (3) A teachers aide or teachers assistant employed by any8 public or private schooL9 (4) A classified employee of any public schooL

95

T

5

10

15

20

25

30

35

40

-3- AB 1435

1 (5) An administrative officer or supervisor of child welfare and2 attendance or a certificated pupil personnel employee of any public3 or private school4 (6) An administrator of a public or private day camp

(7) An administrator or employee of a public or private youth6 center youth recreation program or youth organization7 (8) An administrator or employee of a public or private8 organization whose duties require direct contact and supervision9 of children

(9) Any employee of a county office of education or the State11 Department of Education whose duties bring the employee into12 contact with children on a regular basis13 (10) A licensee an administrator or an employee of a licensed14 community care or child day care facility

(11) A Head Start program teacher16 (12) A licensing worker or licensing evaluator employed by a17 licensing agency as defined in Section 111651118 (13) A public assistance worker19 (14) An employee of a child care institution including but not

limited to foster parents group home personnel and personnel of21 residential care facilities22 (15) A social worker probation officer or parole officer23 (16) An employee of a school district police or security24 department

(17) Any person who is an administrator or presenter of or a26 counselor in a child abuse prevention program in any public or27 private school28 (18) A district attorney investigator inspector or local child29 support agency caseworker unless the investigator inspector or

caseworker is working with an attorney appointed pursuant to31 Section 317 of the Welfare and Institutions Code to represent a32 mmor33 (19) A peace officer as defined in Chapter 45 (commencing34 with Section 830) of Title 3 of Part 2 who is not otherwise

described in this section36 (20) A firefighter except for volunteer firefighters37 (21) A physician and surgeon psychiatrist psychologist dentist38 resident intern podiatrist chiropractor licensed nurse dental39 hygienist optometrist marriage and family therapist clinical social

worker professional clinical counselor or any other person who

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101112131415161718192021222324252627282930313233343536373839

AB 1435 -4-

is currently licensed under Division 2 (commencing with Section500) of the Business and Professions Code

(22) Any emergency medical technician I or II paramedic orother person certified pursuant to Division 25 (commencing withSection 1797) of the Health and Safety Code

(23) A psychological assistant registered pursuant to Section2913 of the Business and Professions Code

(24) A marriage and family therapist trainee as defined insubdivision (c) of Section 498003 of the Business and ProfessionsCode

(25) An unlicensed marriage and family therapist internregistered under Section 498044 of the Business and ProfessionsCode

(26) A state or county public health employee who treats a minorfor venereal disease or any other condition

(27) A coroner(28) A medical examiner or any other person who performs

autopsies(29) A commercial film and photographic print processor as

specified in subdivision (e) of Section 11166 As used in thisarticle commercial film and photographic print processor meansany person who develops exposed photographic film into negativesslides or prints or who makes prints from negatives or slides forcompensation The term includes any employee of such a personit does not include a person who develops film or makes prints fora public agency

(30) A child visitation monitor As used in this article childvisitation monitor means any person who for financialcompensation acts as monitor of a visit between a child and anyother person when the monitoring of that visit has been orderedby a court of law

(31) An animal control officer or humane society officer Forthe purposes ofthis article the following terms have the followingmeanings

(A) Animal control officer means any person employed by acity county or city and county for the purpose of enforcing animalcontrol laws or regulations

(B) Humane society officer means any person appointed oremployed by a public or private entity as a humane officer who is

95

123456789

10111213141516171819202122232425262728293031323334353637383940

-5- AB 1435

qualified pursuant to Section 14502 or 14503 of the CorporationsCode

(32) A clergy member as specified in subdivision (d) of Section11166 As used in this article clergy member means a priestminister rabbi religious practitioner or similar functionary of achurch temple or recognized denomination or organization

(33) Any custodian of records of a clergy member as specifiedin this section and subdivision (d) of Section 11166

(34) Any employee of any police department county sheriffsdepartment county probation department or county welfaredepartment

(35) An employee or volunteer of a Court Appointed SpecialAdvocate program as defined in Rule 1424 ofthe California Rulesof Court

(36) A custodial officer as defined in Section 8315(37) Any person providing services to a minor child under

Section 12300 or 123001 of the Welfare and Institutions Code(38) An alcohol and drug counselor As used in this article an

alcohol and drug counselor is a person providing counselingtherapy or other clinical services for a state licensed or certifieddrug alcohol or drug and alcohol treatment program Howeveralcohol or drug abuse or both alcohol and drug abuse is not inand of itself a sufficient basis for reporting child abuse or neglect

(39) A clinical counselor trainee as defined in subdivision (g)of Section 499912 of the Business and Professions Code

(40) A clinical counselor intern registered under Section 499942of the Business and Professions Code

(41) An athletic coach athletic administrator or athletic directoremployed by a public or private organization including but notlimited to schools and instittttions of higher e6ueation thatprovidekindergarten or any of grades 1 to 12 inclusive

(b) Except as provided in paragraph (35) of subdivision (a)volunteers of public or private organizations whose duties requiredirect contact with and supervision of children are not mandatedreporters but are encouraged to obtain training in the identificationand reporting of child abuse and neglect and are further encouragedto report known or suspected instances of child abuse or neglectto an agency specified in Section 111659

(c) Employers are strongly encouraged to provide theiremployees who are mandated reporters with training in the duties

95

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101112131415161718192021222324252627282930313233343536373839

AB 1435 -6-

imposed by this article This training shall include training in childabuse and neglect identification and training in child abuse andneglect reporting Whether or not employers provide theiremployees with training in child abuse and neglect identificationand reporting the employers shall provide their employees whoare mandated reporters with the statement required pursuant tosubdivision (a) of Section 111665

(d) School districts that do not train their employees specifiedin subdivision (a) in the duties of mandated reporters under thechild abuse reporting laws shall report to the State Department ofEducation the reasons why this training is not provided

(e) Unless otherwise specifically provided the absence oftraining shall not excuse a mandated reporter from the dutiesimposed by this article

(f) Public and private organizations are encouraged to providetheir volunteers whose duties require direct contact with andsupervision of children with training in the identification andreporting of child abuse and neglect

(g) (1) On 6r befure Jttmtary 1 2014 ttll) pttblie 6r privflie6rganizttti6ftemp16ing ttft Mhletie e6tteh Mhletie ttdmimstrltt6r6r Mhletie direet6r ttSspeeified ift pMttgrttph (41) 6f sttbdivisi6ft(tt) shttll pr6 vide iftitittl trttining f6r th6se empl~ ees 6n thefull6vvingmtttters

(A) The identifiettti6n 6f ehild ttbttse ttnd negleet(D) Aeti vities thttt e6ftstitttte inltppr6prittte ttftd illegttl e6ntttet

betiveen tt 6tlth ltftd ltft ttthietie e6tteh Mhletie ttdmiftistrttt6r 6rttthietie direet6r

(6) The resp6nsibilities 6f tt pers6n identified lIStt mttndfliedrep6rter in this seeti6n ineIttding btl ft6t limited t6 ttll 6f thefull6 vving

(i) T6 ~h6m tt rep6rt is reqtlired t6 be mttde(ii) The inf6rmttti6n thttt is reqttired t6 be ifte1ttdedin tt rep6rt(iii) The time vvithiftvvhieha mandated rep6rter is reqttired t6

file tt rep6rt(2) Initittl training shall be pr6vided b perS6ftSkn6vvledgeltble

ift the identifiettti6n 6fehild aettse ttnd negleet inltppf6prittte ltftdillegal e6ntaet bem eena 6ttth and ltftadttIt ltftdstatttt6ry rep6rtingreqttiremeftts ltftdshttll e6nsist 6ftw6 h6ttrs 6felassr66m 6r 6therinteraetive trainiftg ltftdedttettti6n

95

-7- AB 1435

1 (h) Commeneing on fmd aftel Jfmtlftry12014 fmofgfmization2 speeified in sttbdivision (g) shaHpro ide initial training within six3 months of the date that fm individtutl beeomes empleryed as an4 Mhletie eoaeh athletie administrator or athletie direetor ttnless5 the indi idttal reeei ed training Hithin tw0 years prior to the date6 the indi idtlal is empleryed An Mhletie eoaeh athletie7 administrator or athletie direetor Hho has leeeied initial training8 ptlfStlafttto sttbdiision (g) shall eomplete eontifttling training9 thereafter onee eery two years eonsisting of one hottf of

10 elassroom or other interaeti e training fmd edtteation11 SEC 2 No reimbtlrsement is reqtlired by this aet pttfStlafttto12 Seetion 6 ofArtiele )GIlD of the California Constitution for eertain13 eosts that may be inetllTed by a loeal ageney or sehool distriet14 beeatlse ift that regard this aet ereates a nev erime or infraetion15 eliminates a erime or infraetion or ehfmges the penalty fOfa erime16 or inflaetion Hithin the meaning of Seetion 17556 of the17 Goemment Code or ehanges the definition ofa elime Hithin the18 meaning of Seetion 6 of Aniele XIII D of the Califomia19 Constitution20 IIo~eer if the Commission on State Mfmdates determines that21 this aet eontainsother eosts mfmdated by the state reimbttfsement22 to loeal ageneies fmd sehool distliets for those eosts shall be made23 ptlfStlafttto Part 7 (eommeneing Hith Seetion 17500) of Division24 4 of Title 2 of the Goemment Code25 SEC 2 No reimbursement is required by this act pursuant to26 Section 6 of Article XIII B of the California Constitution because27 the only costs that may be incurred by a local agency or school28 district will be incurred because this act creates a new crime or29 infraction eliminates a crime or infraction or changes thepenalty30 for a crime or infraction within the meaning of Section 17556 of31 the Government Code or changes the definition of a crime within32 the meaning of Section 6 of Article XIII B of the California33 Constitution

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95

AB 1904 Assembly Bill Status

MEASURE AUTHOR(S)TOPIC

HOUSE

CURRENT BILL STATUS

AB No 1904Block Butler and

Professions and vocationslicenses

LOCATION

Cookmilitary spouses temporary

TYPE OF BILL

SEN

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyAppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpub11-12billasmab _1901-1950ab _1904_ bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes Noes OOPASS17

An act to add Section 1155 to the Business andProfessions Code relating to professions and vocationsand making an appropriation therefor

-

AB 1588 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1588AUTHOR(S) Atkins (Principal coauthors Cook and Nielsen)

(Coauthors Block Beth Gaines Pan V Manuel PerezWilliams and Yamada)

TOPIC Professions and vocations reservist licensees fees andcontinuing education

HOUSE LOCATION SEN+LAST AMENDED DATE 03052012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS forLAST

LAST

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

TITLE An act to add Section 1143 to the Business andProfessions Code relating to professions and vocations

htlpllwwwleginfocagovpubll-12Ibillasmlab _1551-1600ab _1588 _bill_20120601_statu 652012

middot

AMENDED IN ASSEMBLY MARCH 5 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1588

Introduced by Assembly Member Atkins(Principal coauthors Assembly Members Cook and Nielsen)

(Coauthors Assembly Members Block Beth Gaines PanV Manuel Perez Williams and Yamada)

February 6 2012

An act to add Section 1143 to the Business and Professions Coderelating to professions and vocations

LEGISLATIVE COUNSELS DIGEST

AB 1588 as amended Atkins Professions and vocations reservistlicensees fees and continuing education

Existing law provides for the regulation of various professions andvocations by boards commissions or bureaus within the Departmentof Consumer Affairs and for the licensure or registration of individualsin that regard Existing law authorizes any licensee whose licenseexpired while he or she was on active duty as a member of the CaliforniaNational Guard or the United States Armed Forces to reinstate his orher license without examination or penalty if certain requirements aremet

This bill would require the boards commissions or bureaus describedabove to waive the renewal fees and continuing education requirementsif either is applicable of any licensee or registrant who is a reservistcalled to active duty as a member of the United States Military Reserveor the California National Guard if certain requirements are met

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

98

AB 1588 -2-

Thepeople of the State of Califomi a do enact asfollows

1 SECTION 1 Section 1143 is added to the Business and2 Professions Code to read3 1143 Notwithstanding any other provision oflaw everyboard4 commission or bureau within the department shall waive the5 renewal fees and continuing education requirements if either is6 applicable for any licensee or registrant who is a reservist called7 to active duty as a member of the United States Military Reserve8 or the California National Guard if all of the following9 requirements are met

10 (a) The licensee or registrant was in good standing with the11 board commission or bureau at the time the reservist was called12 to active duty13 (b) The renewal fees or continuing education requirements are14 waived only for the period during which the reservist is on active15 duty service16 (c) The active duty reservist or the active duty reservists spouse17 or registered domestic partner provides written notice satisfactory18 to the board commission or bureau that substantiates the19 reservists active duty service

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98

AB 1896 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1896AUTHOR(S) ChesbroTOPIC Tribal health programs health care practitionersHOUSE LOCATION SEN+LAST AMENDED DATE 03272012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATIONCOMM ACTION DATECOMM ACTIONCOMM VOTE SUMMARY

ASM

05172012Referred to Com on B P amp EDBUSINESS PROFESSIONS AND CONSUMER PROTECTION04102012

Do passAyes 09 Noes OOPASS

TITLE An act to amend the heading of Article 10 (commencingwith Section 710) of Chapter 1 of Division 2 of and toadd Section 719 to the Business and Professions Coderelating to healing arts

httpwwwleginfocagovpubI11-12lbillasmab_1851-1900ab_1896_bill_20120517 _statu 652012

-

AMENDED IN ASSEMBLY MARCH 27 2012

CALIFORNIA LEGISLATURE-20II-12 REGULAR SESSION

ASSEMBLY BILL No 1896

Introduced by Assembly Member Chesbro

February 222012

An act to amend the heading of Article 10 (commencing with Section710) of Chapter 1 of Division 2 of and to add Section 719 to theBusiness and Professions Code relating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1896 as amended Chesbro Tribal health programs health carepractitioners

Under existing federal law licensed health professionals employedby a tribal health program are required to be exempt if licensed in anystate from the licensing requirements of the state in which the tribalhealth program performs specified services A tribal health program isdefined as an Indian tribe or tribal organization that operates any healthprogram service function activity or facility funded in whole or partby the Indian Health Service

Existing law provides for the licensure and regulation of health carepractitioners by various healing arts boards within the Department ofConsumer Affairs

This bill would codify that federal requirement by specifying that aperson who is licensed as a health care practitioner in any other stateand is employed by a tribal health program is exempt from any statelicensing requirement with respect to acts authorized under thepersonslicense where the tribal health program performs specified services

Vote majority Appropriation no Fiscal committee noState-mandated local program no

98

AD 1896 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 The heading of Article 10 (commencing with2 Section 710) of Chapter 1 of Division 2 of the Business and3 Professions Code is amended to read456789

101112131415161718192021

Article 10 Federal Personnel and Tribal Health Programs

SEC 2 Section 719 is added to the Business and ProfessionsCode to read

719 (a) A person who is licensed as a health care practitionerin any other state and is employed by a tribal health program asdefined in Section 1603 of Title 25 of the United States Code shallbe exempt from any licensing requirement described in this divisionwith respect to acts authorized under the persons license wherethe tribal health program performs the services described in thecontract or compact of the tribal health program under the IndianSelf-Determination and Education Assistance Act (25 USC Sec450 et seq)

(b) For purposes of this section health care practitioner meansany person who engages in acts that are the subject of licensureor regulation under this division or Ml) initiative 8et referred to inthis division the law of any other state

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98

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1904

Introduced by Assembly Members Block Butler and Cook

February 222012

An act to add Section 1155 to the Business and Professions Coderelating to professions and vocations and making an appropriationtherefor

LEGISLATIVE COUNSELS DIGEST

AB 1904 as introduced Block Professions and vocations militaryspouses temporary licenses

Existing law provides for the licensure and regulation of variousprofessions and vocations by boards within the Department of ConsumerAffairs Existing law provides for the issuance of reciprocal licenses incertain fields where the applicant among other requirements has alicense to practice within that field in another jurisdiction as specifiedUnder existing law licensing fees imposed by certain boards withinthe department are deposited in funds that are continuously appropriated

This bill would authorize a board within the department to issue atemporary license to an applicant who among other requirements holdsan equivalent license in another jurisdiction as specified and is marriedto or in a legal union with an active duty member of the Armed Forcesofthe United States who is assigned to a duty station in California underofficial active duty military orders The bill would require a board toexpedite the process for issuing these temporary licenses The bill wouldrequire the applicant to pay any fees required by the board and wouldrequire that those fees be deposited in the fund used by the board toadminister its licensing program To the extent that the bill would

99

AB 1904 -2-

increase the amount of money deposited into a continuously appropriatedfund the bill would make an appropriation

Vote majority Appropriation yes Fiscal committee yesState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 1155 is added to the Business and2 Professions Code to read3 1155 (a) A board within the department may issue a4 temporary license to an applicant who meets all of the following5 requirements6 (l) Submits an application in the manner prescribed by the7 board8 (2) Supplies evidence satisfactory to the board that the applicant9 is married to or in a domestic partnership or other legal union

10 with an active duty member of the Armed Forces of the United11 States who is assigned to a duty station in this state under official12 active duty military orders13 (3) Holds a current license in another state district or territory14 of the United States with the requirements that the board determines15 are substantially equivalent to those established under this code16 for that occupation17 (4) Has not committed an act in anyjurisdiction that would have18 constituted grounds for denial suspension or revocation of the19 license under this code at the time the act was committed20 (5) Has not been disciplined by a licensing entity in another21 jurisdiction and is not the subject of an unresolved complaint22 review procedure or disciplinary proceeding conducted by a23 licensing entity in another jurisdiction24 (6) Pays any fees required by the board Those fees shall be25 deposited in the applicable fund or account used by the board to26 administer its licensing program27 (7) Submits fingerprints and any applicable fingerprinting fee28 in the manner required of an applicant for a regular license29 (b) A board shall expedite the procedure for issuing a temporary30 license pursuant to this section31 (c) A temporary license issued under this section shall be valid32 for 180 days except that the license may at the discretion of the

99

-3- AB 1904

I board be extended for an additional180-day period on application2 of the license holder3 (d) A board may adopt regulations necessary to administer this4 section

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99

AB 1932 Assembly Bill Status

MEASURE AUTHOR(S)TOPICHOUSE+LAST

CURRENT BILL STATUS

AB No 1932Gorell (Coauthor Cook)

United States armed services healing arts boardsLOCATION SENAMENDED DATE 04172012

TYPE OF BILL

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpubI11-12Ibillasmab_1901-1950ab_1932_bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

An act to add Section 7102 to the Business andProfessions Code relating to healing arts

-

AMENDED IN ASSEMBLY APRIL 172012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1932

Introduced by Assembly Member-Ceek Gorell(Coauthor Assembly Member Cook)

February 222012

An act to add Section 7102 to the Business and Professions Coderelating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1932 as amended euroook Gorell United States armed serviceshealing arts boards

Existing law provides for the licensure and regulation of varioushealing arts professions and vocations by boards within the Departmentof Consumer Affairs Existing law requires the rules and regulations ofthese healing arts boards to provide for methods of evaluating educationtraining and experience obtained in military service if such training isapplicable to the requirements of the particular profession or vocationregulated by the board Under existing law the Department of VeteransAffairs has specified powers and duties relating to various programsserving veterans

This bill would require by January 12014 and annually thereafterevery healing arts board to issue a specified written report to theDepartment of Veterans Affairs and the Legislature as specified thatclearly details the methods of evaluating the education training andexperience obtained in military service and whether that educationtraining and experience is applicable to the boards requirements forlicensure The bill would declare the intent of the Legislature in thisregard

98

AB 1932 -2-

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 710 of the Business and Professions Code2 was enacted in 1969 and because healing arts boards have not3 demonstrated significant compliance with that section it is the4 intent of the Legislature to establish an annual reporting5 requirement to compel these boards to provide information about6 the methods of evaluating education training and experience7 obtained in military service in order to meet the needs of the8 upcoming wave of armed service members returning to civilian9 life

10 SEC 2 Section 7102 is added to the Business and Professions11 Code to read12 7102 (a) By January 12014 and annually thereafter every13 healing arts board described in this division shall issue a written14 report to the Department of Veterans Affairs and to the Legislature15 that clearly details the methods of evaluating the education16 training and experience obtained in military service and whether17 that education training and experience is applicable to the boards18 requirements for licensure This written report shall include but19 not be limited to quantitative information about the number of20 service members who have applied for and have used their military21 education training and experience to fulfill the boards22 requirements for licensure23 (b) (1) The requirement to submit a report to the Legislature24 under subdivision (a) shall be inoperative on January 1 201825 pursuant to Section 102315 of the Government Code26 (2) A report to the Legislature shall be submitted in compliance27 with Section 9795 of the Government Code

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98

  • Page 1
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      • AGENDA ITEM 4
      • DISCUSSION AND POSSIBLE ACTION REGARDING PENDING LEGISLATION
      • ~l
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                  • AB 171 Assembly Bill- Status
                  • Page 1 of 1
                  • httpwww1eginfocagovpub11-12lbillasmab_0 151-0200ab _171_ bill_20120306 _status 652012
                      • Page 3
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                          • ASSEMBLY BILL
                          • No 171
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-11- AB 171

therapist or a physical therapists ~r an) ~ther appropriatelylieensed ~r eertihed pr~ bullbullider therapist

tH1(7) Treatment for atrtism speetmm dis~rders pervasive

developmental disorder or autism means all of the followingcare including necessary equipment that develops maintains orrestores to the maximum extent practicable the functioning orquality of life of an individual with pervasive developmentaldisorder or autism and is prescribed or ordered for an individualdiagnosed with ~ne ~f the atttism speetmm dis~Iders pervasivedevelopmental disorder or autism by a licensed physician andsurgeon or a licensed psychologist ~r an) ~ther appIopIiMelyHeensed ~r eertihed pr~vider who determines the care to bemedically necessary

(A) Behlh i~r8lhealth treatmenttB1(A) Pharmacy care if the policy includes coverage for

prescription drugsfeuro7(B) Psychiatric caretB1(C) Psychological care(E1(D) Therapeutic care(F) Any eare fur indi viduals Vol ith autism speetrum dis~rders

thM is dem~nstrMed based up~n best praetiees ~r evidenee basedreseareh t~ be mediealry neeessary

(8) Treatmentfor pervasive developmental disorder or autismdoes not include behavioral health treatment as defined in Section1014451

U) This section with the exception of subdivision (b) shall notapply to dental-only or vision-only health insurance policies

SEC 3 No reimbursement is required by this act pursuant toSection 6 of Article XIII B of the California Constitution becausethe only costs that may be incurred by a local agency or schooldistrict will be incurred because this act creates a new crime orinfraction eliminates a crime or infraction or changes the penaltyfor a crime or infraction within the meaning of Section 17556 ofthe Government Code or changes the definition of a crime within

96

AB 374 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASUREAUTHOR (S)TOPICHOUSE+LAST

AB NoHayashi

AthleticLOCATIONAMENDED DATE

374

SENOS272011

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

the request ofCOMM LOCATION

06162011In committee

authorSEN BUSINESS

Set first hearing Hearing canceled at

PROFESSIONS AND ECONOMIC DEVELOPMENT

TITLE An act to add Chapter 27 (commencing with Section18898) to Division 8 of the Business and ProfessionsCode relating to athletic trainers

httpwwwleginfocagovpub11-12billasmab_0351-0400ab_374_bill_20 652012

AB 386 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 386AUTHOR(S) GalgianiTOPIC Prisons telehealth systems+LAST AMENDED DATE 05112011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to add Section 50233 to the Penal Code relatingto prisoners

httpwww1eginfocagovpubI11-12lbillasmab_ 0351-0400ab _386_ bill_20120201_status 652012

-

AB 439 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPICHOUSE+LAST

AB No 439Skinner

Health care informationLOCATION SENAMENDED DATE 06282011

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 07052011LAST HIST ACTION In committee Set first hearing Held without

recommendationCOMM LOCATION SEN JUDICIARY

TITLE An act to amend Section 5636 of the Civil Coderelating to health care information

httpwwwleginfocagovpub11-12billasmab_0401-0450ab _439 _bill_20120509 _status 652012

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AMENDED IN SENATE JUNE 28 2011

AMENDED IN ASSEMBLY MAY 182011

AMENDED IN ASSEMBLY APRIL 7 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 439

Introduced by Assembly Member Skinner

February 142011

An act to amend Section 5636 of the Civil Code relating to healthcare information

LEGISLATIVE COUNSELS DIGEST

AB 439 as amended Skinner Health care informationExisting law the Confidentiality of Medical Information Act (CMIA)

prohibits a health care provider a contractor or a health care serviceplan from disclosing medical information as defined regarding a patientof the provider or an enrollee or subscriber of the health care serviceplan without first obtaining an authorization except as specified Inaddition to other remedies available existing law authorizes anindividual to bring an action against any person or entity who hasnegligently released his or her confidential records in violation ofthoseprovisions for nominal damages of$lOOO

This bill would specify that in an action brought on or after January1 2012 a court may not award nominal damages if the defendantestablishes specified factors as an affirmative defense including butnot limited to that it is a covered entity as defined and has compliedwith any obligations to notify persons entitled to receive notice regardingthe release of the information The bill would also make a technicalnonsubstantive change

96

AB439 -2-

Vote majority Appropriation no Fiscal committee noState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 5636 of the Civil Code is amended to2 read3 5636 (a) Any violation of the provisions of this part that4 results in economic loss or personal injury to a patient is punishable5 as a misdemeanor6 (b) In addition to any other remedies available at law any7 individual may bring an action against any person or entity who8 has negligently released confidential information or records9 concerning him or her in violation of this part for either or both

10 of the following11 (1) Except as provided in subdivision (e) nominal damages of12 one thousand dollars ($1000) In order to recover under this13 paragraph it shall not be necessary that the plaintiff suffered or14 was threatened with actual damages15 (2) The amount of actual damages if any sustained by the16 patient17 (c) (l) In addition any person or entity that negligently18 discloses medical information in violation of the provisions of this19 part shall also be liable irrespective of the amount of damages20 suffered by the patient as a result of that violation for an21 administrative fine or civil penalty not to exceed two thousand22 five hundred dollars ($2500) per violation23 (2) (A) Any person or entity other than a licensed health care24 professional who knowingly and willfully obtains discloses or25 uses medical information in violation of this part shall be liable26 for an administrative fine or civil penalty not to exceed twenty-five27 thousand dollars ($25000) per violation28 (B) Any licensed health care professional who knowingly and29 willfully obtains discloses or uses medical information in violation30 of this part shall be liable on a first violation for an administrative31 fine or civil penalty not to exceed two thousand five hundred32 dollars ($2500) per violation or on a second violation for an33 administrative fine or civil penalty not to exceed ten thousand34 dollars ($10000) per violation or on a third and subsequent35 violation for an administrative fine or civil penalty not to exceed

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-3- AB439

twenty-five thousand dollars ($25000) per violation Nothing inthis subdivision shall be construed to limit the liability of a healthcare service plan a contractor or a provider of health care that isnot a licensed health care professional for any violation of thispart

(3) (A) Any person or entity other than a licensed health careprofessional who knowingly or willfully obtains or uses medicalinformation in violation of this part for the purpose of financialgain shall be liable for an administrative fine or civil penalty notto exceed two hundred fifty thousand dollars ($250000) perviolation and shall also be subject to disgorgement of any proceedsor other consideration obtained as a result of the violation

(B) Any licensed health care professional who knowingly andwillfully obtains discloses or uses medical information in violationofthis part for financial gain shall be liable on a first violation foran administrative fine or civil penalty not to exceed five thousanddollars ($5000) per violation or on a second violation for anadministrative fine or civil penalty not to exceed twenty-fivethousand dollars ($25000) per violation or on a third andsubsequent violation for an administrative fine or civil penalty notto exceed two hundred fifty thousand dollars ($250000) perviolation and shall also be subject to disgorgement of any proceedsor other consideration obtained as a result ofthe violation Nothingin this subdivision shall be construed to limit the liability of ahealth care service plan a contractor or a provider of health carethat is not a licensed health care professional for any violation ofthis part

(4) Nothing in this subdivision shall be construed as authorizingan administrative fine or civil penalty under both paragraphs (2)and (3) for the same violation

(5) Any person or entity who is not permitted to receive medicalinformation pursuant to this part and who knowingly and willfullyobtains discloses or uses medical information without writtenauthorization from the patient shall be liable for a civil penalty notto exceed two hundred fifty thousand dollars ($250000) perviolation

(d) In assessing the amount of an administrative fine or civilpenalty pursuant to subdivision (c) the Office of HealthInformation Integrity licensing agency or certifying board orcourt shall consider anyone or more of the relevant circumstances

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AB439 -4-

presented by any of the parties to the case including but not limitedto the following

(1) Whether the defendant has made a reasonable good faithattempt to comply with this part

(2) The nature and seriousness of the misconduct(3) The harm to the patient enrollee or subscriber(4) The number of violations(5) The persistence of the misconduct(6) The length of time over which the misconduct occurred(7) The willfulness of the defendants misconduct(8) The defendants assets liabilities and net worth(e) (1) In an action brought by an individual pursuant to

subdivision (b) on or after January 12012 the court shall awardany actual damages and reasonable attorneys fees and costs butmay not award nominal damages for a violation of this part if thedefendant establishes all of the following as an affirmative defense

(A) The defendant is a covered entity as defined in Section160103 of Title 45 of the Code of Federal Regulations

(B) The defendant has complied with any obligations to notifyall persons entitled to receive notice regarding the release of theinformation or records

(C) The release of confidential information or records was solelyto another covered entity

(D) The defendant took appropriate preventive actions to protectthe confidential information or records against release retentionor use by any person or entity other than the covered entity thatreceived the information or records including but not limited to

(i) Developing and implementing security policies andprocedures

(ii) Designating a security official who is responsible fordeveloping and implementing its security policies and proceduresincluding educating and training the workforce

(iii) Encrypting the information or records and protectingagainst the release or use of the encryption key and passwords ortransmitting the information or records in a manner designed toprovide similar protections against improper disclosures

(E) The defendant took appropriate corrective action after therelease of the confidential records or information and the coveredentity that received the information or records immediatelydestroyed or returned the information or records

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-5- AB439

(F) The covered entity that received the confidential informationor records did not retain use or release the information or records

(G) The defendant has not Ifeviettsl) vielateti this IMt ef inthe eettrls tiisefetieft tieslite the Ifief vielatieftbeenfound liablefor a violation of this part within the three years preceding thealleged violation or the court determines that application of theaffirmative defense is found to be compelling and consistent withthe purposes ofthis section to promote reasonable conduct in lightof all the facts

(2) In an action under this subdivision a plaintiff shall beentitled to recover reasonable attorneys fees and costs withoutregard to an award of actual or nominal damages

(3) A defendant shall not be liable for more than one judgmenton the merits for a violation of this subdivision

(f) (1) The civil penalty pursuant to subdivision (c) shall beassessed and recovered in a civil action brought in the name of thepeople of the State of California in any court of competentjurisdiction by any of the following

(A) The Attorney General(B) Any district attorney(C) Any county counsel authorized by agreement with the

district attorney in actions involving violation of a countyordinance

(D) Any city attorney of a city(E) Any city attorney of a city and county having a population

in excess of 750000 with the consent of the district attorney(F) A city prosecutor in any city having a full-time city

prosecutor or with the consent of the district attorney by a cityattorney in any city and county

(G) The Director of the Office of Health Information Integritymay recommend that any person described in subparagraphs (A)to (F) inclusive bring a civil action under this section

(2) If the action is brought by the Attorney General one-halfofthe penalty collected shall be paid to the treasurer of the countyin which the judgment was entered and one-half to the GeneralFund If the action is brought by a district attorney or countycounsel the penalty collected shall be paid to the treasurer of thecounty in which the judgment was entered Except as provided inparagraph (3) if the action is brought by a city attorney or cityprosecutor one-half of the penalty collected shall be paid to the

96

AB439 -6-

1 treasurer of the city in which the judgment was entered and one-half2 to the treasurer of the county in which the judgment was entered3 (3) If the action is brought by a city attorney of a city and4 county the entire amount of the penalty collected shall be paid to5 the treasurer of the city and county in which the judgment was6 entered7 (4) Nothing in this section shall be construed as authorizing8 both an administrative fine and civil penalty for the same violation9 (5) Imposition of a fine or penalty provided for in this section

10 shall not preclude imposition of any other sanctions or remedies11 authorized by law12 (6) Administrative fines or penalties issued pursuant to Section13 128015 of the Health and Safety Code shall offset any other14 administrative fine or civil penalty imposed under this section for15 the same violation16 (g) For purposes of this section knowing and willful shall17 have the same meanings as in Section 7 of the Penal Code18 (h) No person who discloses protected medical information in19 accordance with the provisions of this part shall be subject to the20 penalty provisions of this part

o

96

AB 518 Assembly Bill Status Page I of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPICHOUSE+LAST

AB No 518Wagner

Elder and dependentLOCATION SENAMENDED DATE

adult abuse mandated reporters

03232011

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATION

06062011In committee Hearing postponed by committee

SEN BANKING AND FINANCIAL INSTITUTIONS

TITLE An act to repeal Section 7480 of the Government Codeand to amend Section 156301 of and to amend and repealSections 15633 15634 15640 and 156555 of theWelfare and Institutions Code relating to elder anddependent adult abuse

httpwwwleginfocagovpubll-12Ibillasmab_ 0501-0550ab_518_bill_2011 0615_status 652012

-

AMENDED IN ASSEMBLY MARCH 23 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 518

Introduced by Assembly Member Wagner

February 152011

Aft aet to amend Seetion 156301 of the Welfare and InstittttionsCode relating to elder abtlse An act to repeal Section 7480 of theGovernment Code and to amend Section 156301 of and to amend andrepeal Sections 15633 15634 15640 and 156555 of the Welfare andInstitutions Code relating to elder and dependent adult abuse

LEGISLATIVE COUNSELS DIGEST

AB 518 as amended Wagner Elder and dependent adult abusemandated reporters

Existing law the Elder Abuse and Dependent Adult Civil ProtectionAct establishes procedures for the reporting investigation andprosecution of elder and dependent adult abuse including but notlimited to financial abuse as defined These procedures require personsdefined as mandated reporters to report known or suspected instancesof elder or dependent adult abuse A violation of the reportingrequirements by a mandated reporter is a misdemeanor Existing lawwhich will be repealed on January 12013 defines who is a mandatedreporter of suspected financial abuse of an elder or dependent adult Aviolation ofthe financial abuse reporting requirements is subject to civilpenalties

This bill would delete the January 1 2013 repeal date and makeconforming changes

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

98

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10

15

20

25

30

35

AB518 -2-

The people of the State of California do enact asfollows

1 SECTION 1 Section 7480 of the Government Code as2 amended by Section 2 of Chapter 234 of the Statutes of 2008 is3 repealed4 7480 Nothing in this ehapter prohibits an) of the following

(a) The dissemination of an) finaneial information that is not6 identified with or identifiable as being deri ved from the fiftMleial7 reeords of a partietllar etlstomer8 (b) When any poliee or sheriffs department or distriet attorney9 in this state eertines to a bank eredit tlftion or savin-gsassoeiation

in 4vritingthat a erime report has been filed that involves the11 alleged fratldttlent tlse of drafts eheeks or other orders drawfl12 tlJon MtY bank eredit tlftion or Sltv ings assoeiation in this state13 the poliee or sheriffs department or distriet attomey a eotlnty14 adttlt proteeti-ve sen iees oftiee 4vhen investigating the finaneial

abttse of an elder or dependent adttlt or a long term eare16 ombttdsman when investigating the finaneial abttse of an elder or17 dependent adttlt rna reqtlest a bank eredit tlftion or savings18 assoeiation to fttmish and a bank eredit tlftion or savings19 assoeiation shall fttmish a statement setting forth the folIowing

information with respeet to a etlstomer aeeotlnt speeified b) the21 reqttesting parry for a period 30 da s prior to and tlJ to 30 da) s22 following the date ofoeetnTenee of the alleged illegal aet invohin-g23 the aeeotlftt24 (1) The Itttftlber of items dishonored

(2) The nttmber of items paid that ereated Oierdrafts26 (3) The dollar volttme of the dishonored items and items paid27 whieh ereated overdrafts and a statement explaining an) eredit28 atTangementbetween the bank eredit tlftion or savin-gsassoeiation29 and etlstomer to pa) 0verdrafts

(4) The dates and amotlnts of deposits and debits and the aeeotlftt31 balanee on these dates32 (5) A eoJry of the signattlre eard inelttding the signattlre and33 an) addresses appearing on a etlstomers signattlre eard34 (6) The date the aeeottnt opened and ifapplieable the date the

aeeotlnt elosed36 (7) A bank eredit tlftion or saTvingsassoeiation that proiides37 the reqtlesting part) vvith eopies of one or more eomplete aeeottnt

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-11- AB518

the taxpa er (2) the (iireet deposit refund bullbullas not rettlmed to theFranehise Tax Board and (3) the remnd TnaSdeposited direetlyon a speeifled date into the aeeotlftt of an aeeotmtholder of theflnaneial instittttion bullbullho bullbullas not entitled to reeei v e the refttndthen the flnaneial instittttion shall fttntish to the Franehise TaxBoard the name and address ofan eoo w ner eosigtter or an otherperson bullbullho had aeeess to the mnds in the aeeotlttt follo bullbulling thedate ofdiIeet deposit refund or if the aeeotmt has been dosed thename and address of the person bullbullho dosed the aeeOtlftt

(s) This seetion shall beeome operati v e on Jaftttary 1 2013SECTION 1SEC 2 Section 156301 of the Welfare and Institutions Code

is amended to read156301 (a) As used in this section mandated reporter of

suspected financial abuse of an elder or dependent adult meansall officers and employees of financial institutions

(b) As used in this section the term financial institution meansany of the following

(l) A depository institution as defined in Section 3(c) of theFederal Deposit Insurance Act (12 USC Sec 1813(c))

(2) An institution-affiliated party as defined in Section 3(u) ofthe Federal Deposit Insurance Act (12 USC Sec 1813(u))

(3) A federal credit union or state credit union as defined inSection 101 ofthe Federal Credit Union Act (12 USC Sec 1752)including but not limited to an institution-affiliated party of acredit union as defined in Section 206(r) of the Federal CreditUnion Act (12 USc Sec 1786(r))

(c) As used in this section financial abuse has the samemeaning as in Section 1561030

(d) (l) Any mandated reporter of suspected financial abuse ofan elder or dependent adult who has direct contact with the elderor dependent adult or who reviews or approves the elder ordependent adults financial documents records or transactionsin connection with providing financial services with respect to anelder or dependent adult and who within the scope of his or heremployment or professional practice has observed or hasknowledge of an incident that is directly related to the transactionor matter that is within that scope of employment or professionalpractice that reasonably appears to be financial abuse or whoreasonably suspects that abuse based solely on the information

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before him or her at the time of reviewing or approving thedocument record or transaction in the case of mandated reporterswho do not have direct contact with the elder or dependent adultshall report the known or suspected instance of financial abuse bytelephone immediately or as soon as practicably possible and bywritten report sent within two working days to the local adultprotective services agency or the local law enforcement agency

(2) When two or more mandated reporters jointly haveknowledge or reasonably suspect that financial abuse of an elderor a dependent adult for which the report is mandated has occurredand when there is an agreement among them the telephone reportmay be made by a member of the reporting team who is selectedby mutual agreement A single report may be made and signed bythe selected member of the reporting team Any member of theteam who has knowledge that the member designated to report hasfailed to do so shall thereafter make that report

(3) If the mandated reporter knows that the elder or dependentadult resides in a long-term care facility as defined in Section1561047 the report shall be made to the local ombudsman or locallaw enforcement agency

(e) An allegation by the elder or dependent adult or any otherperson that financial abuse has occurred is not sufficient to triggerthe reporting requirement under this section if both of the followingconditions are met

(1) The mandated reporter of suspected financial abuse of anelder or dependent adult is aware of no other corroborating orindependent evidence of the alleged financial abuse of an elder ordependent adult The mandated reporter of suspected financialabuse of an elder or dependent adult is not required to investigateany accusations

(2) In the exercise of his or her professional judgment themandated reporter of suspected financial abuse of an elder ordependent adult reasonably believes that financial abuse of anelder or dependent adult did not occur

(f) Failure to report financial abuse under this section shall besubject to a civil penalty not exceeding one thousand dollars($1000) or if the failure to report is willful a civil penalty notexceeding five thousand dollars ($5000) which shall be paid bythe financial institution that is the employer of the mandated

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reporter to the party bringing the action Subdivision (h) of Section15630 shall not apply to violations of this section

(g) (1) The civil penalty provided for in subdivision (f) shallbe recovered only in a civil action brought against the financialinstitution by the Attorney General district attorney or countycounsel No action shall be brought under this section by anyperson other than the Attorney General district attorney or countycounsel Multiple actions for the civil penalty may not be broughtfor the same violation

(2) Nothing in the Financial Elder Abuse Reporting Act of2005shall be construed to limit expand or otherwise modify any civilliability or remedy that may exist under this or any other law

(h) As used in this section suspected financial abuse of anelder or dependent adult occurs when a person who is requiredto report under subdivision (a) observes or has knowledge ofbehavior or unusual circumstances or transactions or a pattern ofbehavior or unusual circumstances or transactions that would leadan individual with like training or experience based on the samefacts to form a reasonable belief that an elder or dependent adultis the victim of financial abuse as defined in Section 1561030

(i) Reports of suspected financial abuse of an elder or dependentadult made by an employee or officer of a financial institutionpursuant to this section are covered under subdivision (b) of Section47 of the Civil Code

SEC 3 Section 15633 of the Welfare and Institutions Codeas amended by Section 5 of Chapter 140 of the Statutes of 2005is amended to read

15633 (a) The reports made pursuant to Sections 15630156301 and 15631 shall be confidential and may be disclosedonly as provided in subdivision (b) Any violation of theconfidentiality required by this chapter is a misdemeanorpunishable by not more than six months in the county jail by afine of five hundred dollars ($500) or by both that fine andimprisonment

(b) Reports of suspected abuse of an elder or dependent adultand information contained therein may be disclosed only to thefollowing

(1) Persons or agencies to whom disclosure of information orthe identity of the reporting party is permitted under Section156335

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(2) (A) Persons who are trained and qualified to serve onmultidisciplinary personnel teams may disclose to one anotherinformation and records that are relevant to the preventionidentification or treatment of abuse of elderly or dependentpersons

(B) Except as provided in subparagraph (A) any personnel ofthe multidisciplinary team or agency that receives informationpursuant to this chapter shall be under the same obligations andsubject to the same confidentiality penalties as the persondisclosing or providing that information The information obtainedshall be maintained in a manner that ensures the maximumprotection of privacy and confidentiality rights

(c) This section shall not be construed to allow disclosure ofany reports or records relevant to the reports of abuse of an elderor dependent adult if the disclosure would be prohibited by anyother provisions of state or federal law applicable to the reports orrecords relevant to the reports of the abuse nor shall it be construedto prohibit the disclosure by a financial institution of any reportsor records relevant to the reports of abuse of an elder or dependentadult if the disclosure would be required of a financial institutionby otherwise applicable state or federal law or court order

(d) This seetion shall remain in dIcet on) tmtilJantmry I 2813and as of that date is repealed unless a later enaeted statute thatis enaeted before JMlt1ary12813 deletes or extends that date

SEC 4 Section 15633 of the Welfare and Institutions Codeas added by Section 6 of Chapter 140 of the Statutes of 2005 isrepealed

15633 (a) The leports made ptlrstlMlt to Seetions 15638 and15631 shall be eonndential and may be diselosed on) as pro videdin stlbdivision (b) AIl) violation of the eonfidetttialrt reqtliredbythis ehapter is a misdemeanor ptlnishable bynot more than sixmoftths in the eounry jail b)l a nne ofn Vehundred dollars ($588)or byboth that nne and imprisonment

(b) Reports of stlspeeted elder 01 dependent adttlt abttse andinfenmation eontained therein may be diselosed only to thefollo vving

(1) Persons or ageneies to vvhomdiselostlfe of information orthe identity of the reporting pMty is permitted tlnder Seetion156335

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(2) EA) Persems who Me trftined Md qtlftlified to sene onmtlltidiseiplinftfjf persoflftel teftll1smfty diselose to one Mlotherinfermtttion Md reeords thftt Me relevflnt to the preventionidentifiefttion or trefttment of ftbttse of elderly or dependentpersons

EB) Exeept ftSpro vided in SMpMftgrftph EA) Mly personnel ofthe ftltlltidiseiplinftry teftftl or ftgeney thftt reeeives informfttionptlrstlftnt to this ehflPtel shftH he tinder the sftme ohligfttions ftndsttbjeet to the sftme eonfidentiftlity penftlties ftS the pelsondisdosing or pro viding thftt infermfttion The informfttion ohtftinedshftH he mftintftined in ft ftlftflfter thftt enstlfes the ftlftXimttmproteetion ofprivftey ftnd eonfidentiftlity rights

Ee) This seetion shftH not he eonstftled to ftHo diselostlfe ofMy reports or reeords rde vMit to the reports of elder or dependentftdttlt ftbttse if the disdostlfe votlld he prohibited hy My other110visions of stftte or federftllft bullbull ftppliefthle to the reports or reeordsrele vftnt to the reports of the flbttse

Ed) This seetion shftH heeome operftti ve on Jftntlftry I 2013SEC 5 Section 15634 of the Welfare and Institutions Code

as amended by Section 7 of Chapter 140 of the Statutes of 2005is amended to read

15634 (a) No care custodian clergy member healthpractitioner mandated reporter of suspected financial abuse of anelder or dependent adult or employee of an adult protectiveservices agency or a local law enforcement agency who reports aknown or suspected instance of abuse of an elder or dependentadult shall be civilly or criminally liable for any report requiredor authorized by this article Any other person reporting a knownor suspected instance of abuse of an elder or dependent adult shallnot incur civil or criminal liability as a result of any reportauthorized by this article unless it can be proven that a false reportwas made and the person knew that the report was false No personrequired to make a report pursuant to this article or any persontaking photographs at his or her discretion shall incur any civil orcriminal liability for taking photographs of a suspected victim ofabuse of an elder or dependent adult or causing photographs to betaken of such a suspected victim or for disseminating thephotographs with the reports required by this article Howeverthis section shall not be construed to grant immunity from thisliability with respect to any other use of the photographs

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(b) No care custodian clergy member health practitionermandated reporter of suspected financial abuse of an elder ordependent adult or employee of an adult protective services agencyor a local law enforcement agency who pursuant to a request froman adult protective services agency or a local law enforcementagency investigating a report of known or suspected abuse of anelder or dependent adult provides the requesting agency withaccess to the victim of a known or suspected instance of abuse ofan elder or dependent adult shall incur civil or criminal liabilityas a result of providing that access

(c) The Legislature finds that even though it has providedimmunity from liability to persons required to report abuse of anelder or dependent adult immunity does not eliminate thepossibility that actions may be brought against those persons basedupon required reports of abuse In order to further limit the financialhardship that those persons may incur as a result of fulfilling theirlegal responsibilities it is necessary that they not be unfairlyburdened by legal fees incurred in defending those actionsTherefore a care custodian clergy member health practitioneror an employee of an adult protective services agency or a locallaw enforcement agency may present to the StMe B6Md 6pound C6ntr61California Victim Compensation and Government Claims Boarda claim for reasonable fttt6meys attorneys fees incurred in anyaction against that person on the basis of making a report requiredor authorized by this article if the court has dismissed the actionupon a demurrer or motion for summary judgment made by thatperson or if he or she prevails in the action The StMe B6ftrd 6fC6ntr61 California Victim Compensation and Government ClaimsBoard shall allow that claim if the requirements ofthis subdivisionare met and the claim shall be paid from an appropriation to bemade for that purpose Att6mey s Attorneys fees awarded pursuantto this section shall not exceed an hourly rate greater than the ratecharged by the Attorney General at the time the award is madeand shall not exceed an aggregate amount of fifty thousand dollars($50000) This subdivision shall not apply if a public entity hasprovided for the defense of the action pursuant to Section 995 ofthe Government Code

(d) This seeti6n shftll remftin in dfeet 6ttly tmtil J8fttlfll)1 2013ftnd ftS6pound thftt dMe is repeftled wIess ft IMer enfteted stMute thMis en8eted before Jftftt18ry12013 deletes 6r extends thM dMe

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SEC 6 Section 15634 of the Welfare and Institutions Codeas amended by Section 711 ojChapter 538 of the Statutes oj2006is repealed

15634 eft) No eMe etlstodimt ele~ member hea-lthpraetitioner or employee of an adttlt proteeti-ve serviees ageneyor a loeal larn enforeement ageney who reports a lrnown orsttspeeted instanee of elder or dependent adtllt abtlse shaHbe eiviHyor eriminalry liable for any report reqttired or attthorizedby thisartiele Any other peIson reporting a lrnOWfior stlspeeted instaneeof elder or dependeItt adttIt abtlse shall not inettr ei vil or eriminalliability as a restllt of any report attthorizedby this artiele ttnlessit ean be pro ven that a false report was made and the person knewthat the report vvasrelse gteJoperson reqtlired to make a reportptlrstlant to this artiele or any person taking photographs at his orher diseretion shall inettr any eivii or eriminalliability fer takingphotographs of a stlspeeted vietim of elder or dependent adtlltabtlse or eattsing photographs to be taken of the stlspeeted vietimor fOIdisseminating the photographs with the reports reqtlired bythis artiele However this seetion shall not be eonstmed to gIantimmttnity from this liability vvithrespeet to any other tlse of thephotographs

(b) No eMe etlstodian el~ member health praetitioner oremployee of an adtlIt proteetive seniees ageney or a loea-l lawenfereemeItt ageney who pttrsttant to a reqtlest from an adttltproteeti-ie seniees ageney or a loeal lavI enforeemeItt ageneyinvestigating a report of lrnOViftor stlspeeted elder or dependentadtllt abtlse proides the reqtlesting ageney with aeeess to thevietim of a lrnovvnor stlspeeted instanee of elder or dependeIttadttlt abtlse shall inettr eiviI or eriminal liability as a restlIt ofpro viding that aeeess

ee) The Legislatttre finds that even thOtlgh it has pIOvidedimmtlnity from liability to peIsons reqtlired to report elder ordependent mit abttse immtlIlity does not eliminate the possibilitythat aetions may be brotlght agamst those persons based tlJ0nreqtlired reports of abtlse In order to fttrther limit the finaneialhardship that those persons may inettr as a resttIt offttlfilling theirlegal responsibilities it is neeessary that they not be tlftreirlybttrdened by legal fees inetlffed in defending those aetionsTherefore a eMeetlstodian ele~ member health praetitioneror employee ofan adttlt proteetive seniees ageney or a loeallffi7t

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enfOieement agene)l ma) present to the CalifeJmia VietimCempensatien and Geemment Claims BeMd a elaim feJrreasenable atteme)s fees inetJifedin any aetien agffinstthat persenen the basis efmMcinga repert reqtlired er attth6rizedb)l this Mtieleif the eeM has dismissed the aetien t1pen a demtlffer el metienfur sttmillM)lj tldgment made b that persen el ifhe er she preailsin the aetien The Califumia Vietim Cempensatien andGeemment Claims Beard shall allew that ehtim if thereqtlirements ef this sttbdi isien Me met and the elaim shall bepaid fl6man fllprepriatien te be made fur that ptllpese Atteme) sfees aarded ptliStlMltto this seetien shall net exeeedan hetlilyrate greater than the late eharged b the Attemey General at thetime the aard is made and sh8llnet exeeedan aggregate amettllteffitty thetlsanBdellMs ($50000) This sttbdF isien shall net applyif a pttblie enti) has pmbullided fer the defense ef the aetien ptlistlantte Seetien 995 ef the Ge emment Cede

(6) This seetien shall beeeme eperatie en JMttlM)12013SEC 7 Section 15640 of the Welfare and Institutions Code

as amended by Section 9 of Chapter 140 of the Statutes of2005is amended to read

15640 (a) (1) An adult protective services agency shallimmediately or as soon as practically possible report by telephoneto the law enforcement agency having jurisdiction over the caseany known or suspected instance of criminal activity and to anypublic agency given responsibility for investigation in thatjurisdiction of cases of elder and dependent adult abuse everyknown or suspected instance of abuse pursuant to Section 15630or 156301 of an elder or dependent adult A county adult protectiveservices agency shall also send a written report thereof within twoworking days of receiving the information concerning the incidentto each agency to which it is required to make a telephone reportunder this subdivision Prior to making any cross-report ofallegations of financial abuse to law enforcement agencies anadult protective services agency shall first determine whether thereis reasonable suspicion of any criminal activity

(2) If an adult protective services agency receives a report ofabuse alleged to have occurred in a long-term care facility thatadult protective services agency shall immediately inform theperson making the report that he or she is required to make thereport to the long-term care ombudsman program or to a local law

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enforcement agency The adult protective services agency shallnot accept the report by telephone but shall forward any writtenreport received to the long-term care ombudsman

(b) If an adult protective services agency or local lawenforcement agency or ombudsman program receiving a report ofknown or suspected elder or dependent adult abuse determinespursuant to its investigation that the abuse is being committed bya health practitioner licensed under Division 2 (commencing withSection 500) of the Business and Professions Code or any relatedinitiative act or by a person purporting to be a licensee the adultprotective services agency or local law enforcement agency orombudsman program shall immediately or as soon as practicallypossible report this information to the appropriate licensingagency The licensing agency shall investigate the report in lightof the potential for physical harm The transmittal of informationto the appropriate licensing agency shall not relieve the adultprotective services agency or local law enforcement agency orombudsman program of the responsibility to continue its owninvestigation as required under applicable provisions of law Theinformation reported pursuant to this paragraph shall remainconfidential and shall not be disclosed

(c) A local law enforcement agency shall immediately or assoon as practically possible report by telephone to the long-termcare ombudsman program when the abuse is alleged to haveoccurred in a long-term care facility or to the county adultprotective services agency when it is alleged to have occurredanywhere else and to the agency given responsibility for theinvestigation of cases of elder and dependent adult abuse everyknown or suspected instance of abuse of an elder or dependentadult A local law enforcement agency shall also send a writtenreport thereof within two working days of receiving the informationconcerning the incident to any agency to which it is required tomake a telephone report under this subdivision

(d) A long-term care ombudsman coordinator may report theinstance of abuse to the county adult protective services agencyor to the local law enforcement agency for assistance in theinvestigation of the abuse if the victim gives his or her consent Along-term care ombudsman program and the Licensing andCertification Division ofthe State Department ofIIealth SeI ieesPublic Health shall immediately report by telephone and in writing

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AB518 -20-

1 within two working days to the bureau any instance of neglect2 occurring in a health care facility that has seriously harmed any3 patient or reasonably appears to present a serious threat to the4 health or physical well-being of a patient in that facility If a victim5 or potential victim of the neglect withholds consent to being6 identified in that report the report shall contain circumstantial7 information about the neglect but shall not identify that victim or8 potential victim and the bureau and the reporting agency shall9 maintain the confidentiality of the report until the report becomes

lOa matter of public record11 (e) When a county adult protective services agency a long-term12 care ombudsman program or a local law enforcement agency13 receives a report of abuse neglect or abandonment of an elder or14 dependent adult alleged to have occurred in a long-term care15 facility that county adult protective services agency long-term16 care ombudsman coordinator or local law enforcement agency17 shall report the incident to the licensing agency by telephone as18 soon as possible19 (f) County adult protective services agencies long-term care20 ombudsman programs and local law enforcement agencies shall21 report the results of their investigations of referrals or reports of22 abuse to the respective referring or reporting agencies23 Eg) This seeti6n shall remain in dIcet 6ny tlfttilJ~ 1201324 and as 6f that date is repealed unless a later enaeted stMttte that25 is enaeted bef6re Janttary 12013 deletes 6r extends that date26 SEC 8 Section 15640 of the Welfare and Institutions Code27 as added by Section 10 of Chapter 140 of the Statutes of 2005 is28 repealed 29 15640 Ea) E1) An adult pr6teeti e sen iees ageney shall30 immediate) 6r as S66nas praetieal) p6ssible rep6rt 0 te1eph6ne31 t6 the la~ enf6reement ageney haing jttrisdieti6n 6er the ease32 an kntMfl6r suspeeted instanee 6f eriminal aeth it) and t6 any33 pttblie agene gien resp6nsibilit) f6r illestigMi6n in that34 jurisdieti6n 6f eases 6f elder and dependent adttlt abuse eery35 kfl6n6r suspeeted instanee 6f aetlse purstlant t6 Seeti6n 1563036 6f an elder 6r dependent adttlt A e6t11ltyadttlt pr6teeti e sen iees37 ageney shall als6 send a TV ritten rep6rt there6f Vv ithin ti 6 V 6rking38 days 6f reeeiving the inwrmati6n e6neeming the ineident t6 eaeh39 ageney t6 vv hieh it is reqtlired t6 make a teleph6ne Iep6rt tlftder40 this subdiisi6n Pri6r t6 making an er6SSIep6rt 6f allegati6ns

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offilumeial abttse to lavvenforeemertt a-geneiesMladult proteetFesen iees agene) shaH first determine whether there is reasonablesuspieion of tmJ eriminM aeti vit

(2) If an adult proteeti ve sen iees agene) reeei ves a report ofabttse alleged to ha ve oeettlTed in a long teml eare faeilit) thatadttlt proteeti ve sen iees ageney shall immediate) infoml theperson making the report that he or she is required to make thereport to the long term eare ombttdsman program 01 to aloeallawenforeemertt a-geneyThe adttlt proteeti ve sen iees agene) shallnot aeeept the report b) telephone btlt shall fonvMd flit) vvTittenreport leeehed to the long teml eare ornbtldsman

(b) If an adtllt proteetive seniees ageney or loeal lawenforeement agene) or ornbtldsman program reeei vinga report ofkftovm or stlspeeted elder or dependent adttlt MtlSe determinespttrstlartt to its inYestigationthat the flbttseis being eommitted bya health 11aetitioner lieensed tlftder Division 2 (eonJffieneingwithSeetion 500) of the Btlsiness flftdProfessions Code or flit) lelatedinitiatiye aet or by a person ptlrporting to be a lieensee the adtlltproteetive seniees a-gene) or loeallaw enforeement agene) orombttdsman program shall immediate) or as soon as praetieall)possible report this mformation to the appropriate lieensingagene) The lieensing agene) shall investigate the report in lightof the poterttial fur ph) sieal hamlThe trMlsmittfllof informationto the appropriate lieensing agene) shall not relieve the adtlltproteethe serviees agene) or loeallaw enforeement agene) orornbtldsmflft program of the responsibility to eorttinue its 0~vninvestigation as reqttired tlftder applieable provisions of law Theinformation reported pttrstlant to this paragraph shall remaineoniiderttial flItdshfl11not be diselosed

(e) A loealla bullbull enforeement agefte) shall immediate) or assoon as praetieal) possible report b) telephone to the long termeare ombtldsman program bullbullhen the abtlse is alleged to haveoeetllTed in a long term eare faeilit) or to the eotlnt) adttltproteetive seniees agene) bullbullhen it is alleged to have oeeUlfedan) vvhere else flftd to the agene) gh en responsibilit) for theinvestigation of eases of elder and dependent adttlt abtlse everykftovm or stlspeeted instflftee of MtlSe of an elder or dependerttadttlt A loeallaw enforeement ageney shall also send a Ylfittenreport thereof bullbullithin ftv0 vvorking dfl)s ofreeei ving the infomlation

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eoneeming the ineident to an agenC) to vvhieh it is reqtlired toftutke a telephone report tlIlderthis stlbdh ision

Ed) A long tenn eare ombttdsman eoordinator mll) report theinstlllleeof abtlse to the eot1llryadttlt proteetive seniees ageneyor to the loeal la bullbull enforeement agenC) for assistlllleein theinvestigationof the abttse if the vietim gives his or her eonsent Along tenn eMe ombtldsmllllprogram llIldthe Lieensing llIldCertifieation Division of the State DepMtment ofIIealth Senieesshall immediately report b telephone llIldin vvriting vvithin hiv0tv orkingdll) s to the bm eatl an instlllleeof negleet oeet1ffingin ahealth eare faeiliry that has seriotlsl hMmed an patient orreasonably appeMs to present a seriotls threat to the health orph sieal vvell being of a patient in that ffteiliry If a J ietim orpotential TV ietim of the neglect vithholds eonsent to being identifiedin that report the report shall eontain eirettmstlllltialinformationabom the negleet bm shall not identif) that vietim or potentialvietim and the bttreatl llIldthe reporting agenC) shall maintain theeoniidentialiry of the report tlntil the report beeomes a matter ofptlblie reeord

Ee) hen a eotlllryadttlt proteeti ve sen iees agenC) a long termeare ombtldsman program or a loeal la enforeement ageneyreeeives a report ofabttse negleet or ablllldonmentofllllelder ordependent adttlt alleged to have oeet1ffedin a long term earefaeiliry that eotlnty adtllt proteeti ve sen iees agenC) long termeare ombtldsmlllleoordinator or loeallavv enforeement ageneyshall report the ineident to the lieensing agene b telephone assoon as possible

ED COtl1lt)adtllt proteetive seniees ageneies long term eareombttdsman programs and 10ea1lavvenforeement ageneies shallreport the restllts of their investigations of referrals or reports ofabtlse to the respeetive referring or reporting ageneies

Eg) This seetion shall beeome operative on JllIlt1flry12013SEC 9 Section 156555 of the Welfare and Institutions Code

as amended by Section 11 of Chapter 140 of the Statutes of 2005is amended to read

156555 A county adult protective services agency shallprovide the organizations listed in paragraphs (v) (w) and (x) ofSection 1561017 and mandated reporters of suspected financialabuse of an elder or dependent adult pursuant to Section 156301with instructional materials regarding abuse and neglect of an elder

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1 or dependent adult and their obligation to report under this chapter2 At a minimum the instructional materials shall include the3 following4 (a) An explanation of abuse and neglect of an elder or dependent

adult as defined in this chapter6 (b) Information on how to recognize potential abuse and neglect7 of an elder or dependent adult8 (c) Information on how the county adult protective services9 agency investigates reports of known or suspected abuse and

neglect11 (d) Instructions on how to report known or suspected incidents12 of abuse and neglect including the appropriate telephone numbers13 to call and what types of information would assist the county adult14 protective services agency with its investigation of the report

(e) This seetion shall remain in eifcet only tlfttil Jflfttlttry 1 201316 and as of that date is repealed tmless a later enaeted stattlte that17 is enaeted before Jafttlttry 12013 deletes or extends that date18 SEC 10 Section 156555 of the Welfareand Institutions Code19 as amended by Section 712 of Chapter 538 of the Statutes of2006

is repealed21 156555 A eottftt) achtlt proteetive serviees agene) shall22 pmvide the organi2ations listed in paragraphs (v) (vv) and Ex) of23 Seetion 1561017 with instItletional materials regarding elder and24 dependent achtlt abtlse and negleet and their obligation to report

under this ehapter At a minimum the instruetional materials shall26 inelude the follovving27 (a) An explanation of elder and dependent achtlt abuse and28 negleet as defined in this ehapter29 (b) Information on how to reeogni2e potential elder and

dependent achtlt abuse and negleet31 (e) Information on ho vIthe eottftt) achtlt proteeti ve serv iees32 agene) investigates reports of knovm or suspeeted abuse and33 negleet34 (d) Instmetions on hovv to report ]movvn or suspeeted ineidents

of abuse and negleet ineltlding the appropriate telephone llt11llbers36 to eall and what rypes of information vvould assist the eount) adult37 proteetirv e sen iees agene) with its in (estigation of the report38 (e) This seetion shall beeome operati e on January I 20 13

o

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AB 608 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 608Pan

Health care coverage telemedicine

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to health care

httpwww1eginfocagovpubII-12Ibillasmab_0601-0650ab _608_ bill_ 20120201_status 652012

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AB 783 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 783AUTHOR(S) HayashiTOPIC Professional corporations licensed physical therapists

and occupational therapists+LAST AMENDED DATE 04072011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

COMMCOMMCOMM

HIST ACT DATEHIST ACTION

From committeeRule 62(a)

LOCATION SENACTION DATEACTION

06282011In committee Set second hearing Failed passagewithout further action pursuant to Joint

LASTLAST

BUSINESS PROFESSIONS AND ECONOMIC DEVELOPMENT06272011

Set second hearing Failed passage in Committee

TITLE An act to amend Section 2406 of the Business andProfessions Code and to amend Section 134015 of theCorporations Code relating to professional corporations

httpwwwleginfocagovpub11-12billasmab_0751-0800ab_783_bill_20111115_status 652012

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AMENDED IN ASSEMBLY APRIL 7 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 783

Introduced by Assembly Member Hayashi

February 172011

An act to amend Section 2406 of the Business and Professions Codeand to amend Section 134015 of the Corporations Code relating toprofcssiemal eorporations and deelaring the mgeney thereof to tttkeeffeet immediatelyprofessional corporations

LEGISLATIVE COUNSELS DIGEST

AB 783 as amended Hayashi Professional corporations licensedphysical therapists and occupational therapists

Existing law regulating professional corporations provides that certainhealing arts practitioners may be shareholders officers directors orprofessional employees of a medical corporation-er-a podiatric medicalcorporation or a chiropractic corporation subject to certain limitations

This bill would add licensed physical therapists and licensedoccupational therapists to the list of healing arts practitioners who maybe shareholders officers directors or professional employees of thosecorporations The bill would also make conforming changes to a relatedprovision

This bill vv otlld deelare that it is to take etteet immediately as anmgeney statttte

Vote -majority Appropriation no Fiscal committee noState-mandated local program no

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AB783 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 2406 of the Business and Professions2 Code is amended to read3 2406 A medical corporation or podiatry corporation is a4 corporation that is authorized to render professional services as

defined in Sections 13401 and 134015 ofthe Corporations Code6 so long as that corporation and its shareholders officers directors7 and employees rendering professional services who are physicians8 and surgeons psychologists registered nurses optometrists9 podiatrists chiropractors acupuncturists naturopathic doctors

physical therapists or in the case of a medical corporation only11 physician assistants marriage and family therapists or clinical12 social workers are in compliance with the Moscone-Knox13 Professional Corporation Act the provisions of this article and all14 other statutes and regulations now or hereafter enacted or adopted

pertaining to the corporation and the conduct of its affairs16 With respect to a medical corporation or podiatry corporation17 the governmental agency referred to in the Moscone-Knox18 Professional Corporation Act is the board19 SEC 2 Section 134015 of the Corporations Code is amended

to read21 134015 Notwithstanding subdivision (d) of Section 1340122 and any other provision of law the following licensed persons23 may be shareholders officers directors or professional employees24 of the professional corporations designated in this section so long

as the sum of all shares owned by those licensed persons does not26 exceed 49 percent ofthe total number of shares of the professional27 corporation so designated herein and so long as the number of28 those licensed persons owning shares in the professional29 corporation so designated herein does not exceed the number of

persons licensed by the governmental agency regulating the31 designated professional corporation32 (a) Medical corporation33 (1) Licensed doctors of podiatric medicine34 (2) Licensed psychologists

(3) Registered nurses36 (4) Licensed optometrists37 (5) Licensed marriage and family therapists38 (6) Licensed clinical social workers

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-3-

(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists(10) Naturopathic doctors(11) Licensed physical therapists(12)Licensed occupational therapists(b) Podiatric medical corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed optometrists(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(8) Licensed physical therapists(9) Licensed occupational therapists(c) Psychological corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Registered nurses(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed chiropractors(8) Licensed acupuncturists(9) Naturopathic doctors(d) Speech-language pathology corporation(1) Licensed audiologists(e) Audiology corporation(1) Licensed speech-language pathologists(t) Nursing corporation(l) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists

AB783

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AB783 -4-

(10) Naturopathic doctors(g) Marriage and family therapy corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed clinical social workers(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(h) Licensed clinical social worker corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed marriage and family therapists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(i) Physician assistants corporation(1) Licensed physicians and surgeons(2) Registered nurses(3) Licensed acupuncturists(4) Naturopathic doctorsG) Optometric corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(k) Chiropractic corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed acupuncturists(9) Naturopathic doctors

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-5- AB783

(10) Licensed physical therapists(11) Licensed occupational therapists(l) Acupuncture corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed physician assistants(9) Licensed chiropractors(10) Naturopathic doctors(m) Naturopathic doctor corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed physician assistants(5) Licensed chiropractors(6) Licensed acupuncturists(7) Licensed physical therapists(8) Licensed doctors of podiatric medicine(9) Licensed marriage family and child counselors(10) Licensed clinical social workers(11) Licensed optometrists(n) Dental corporation(1) Licensed physicians and surgeons(2) Dental assistants(3) Registered dental assistants(4) Registered dental assistants in extended functions(5) Registered dental hygienists(6) Registered dental hygienists in extended functions(7) Registered dental hygienists in alternative practiceSEC 3 This aet is Ml ttrgene statttte neeessary for the

immediatepresenation of the ptlblie peaee hettlihor saferyvvithinthe meMling of Miele IV of the Constittttion Mld shaHgo intoimmediate effeet The fftets eonstitttting the neeessiry Me

In order to 8t1thorizelieensed physieal therapists to beshareholders offieers mreetors or professional employees of

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AD7S3 -6-

1 memeal eorpofatiofts andpodiatrie medieal eorpofatiofts as soOft2 as possible it is fteeessary that this aet tftke dIeet immediately

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AB 800 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 800Huber

Boards and commissions time reporting

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to add Section 1156410 to the Government Coderelating to boards and commissions

httpwwwleginfocagovpubI11-12billasmlab_0751-0800ab _800_ bill_20120201_status 652012

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AB 958 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 958Bill Berryhill

Regulatory boards limitations periods

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to Art IV Sec 10(e) of theFrom committee Filed with the Chiefto Joint Rule 56BUSINESS PROFESSIONS AND CONSUMER PROTECTION

TITLE An act to add Section 1105 to and to repeal Sections16702 22305 296005 3137 375051 498205499032 5561 5661 76865 988420 and 98898 of theBusiness and Professions Code relating to regulatoryboards

httpwwwleginfocagovpub11-12lbillasmlab_0951-1 OOOab_958 _bill_ 20120202_ status 652012

AB 1003 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 1003Smyth

Professional and vocational licenses

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to professional and vocational licenses

httpwwwleginfocagovpubll-12Ibillasmlab_l00l-l 050ab_1003 _bill_2012020 I_statu 652012

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AB 1205 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1205AUTHOR(S) Bill BerryhillTOPIC Licensed behavior analysts+LAST AMENDED DATE 04042011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to amend Section 499018 of and to add Chapter52 (commencing with Section 252971) to Division 2 ofthe Business and Professions Code relating to healingarts

httpwwwleginfocagovpub11-12billasmab _120 1-1250ab_1205 _bill_20 120201_statu 652012

AB 1435 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1435AUTHOR(S) Dickinson (Coauthors Alejo Buchanan and Hill) TOPIC Child abuse reporting athletic personnelHOUSE LOCATION SEN+LAST AMENDED DATE OS252012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredState-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS for

LASTLAST

APPROPRIATIONSOS252012

Do pass as amendedAyes 17 Noes OOPASS

TITLE An act to amend Section 111657 of the Penal Coderelating to child abuse reporting

httpwww1eginfocagovpub11-12lbiIVasmab_140 1-1450ab _1435 _bill~0120601_statu 652012

AMENDED IN ASSEMBLY MAY 25 2012

AMENDED IN ASSEMBLY MARCH 21 2012

AMENDED IN ASSEMBLY MARCH 142012

AMENDED IN ASSEMBLY FEBRUARY 29 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1435

Introduced by Assembly Member Dickinson(Coauthors Assembly Members Alejo Buchanan and Hill)

January 4 2012

An act to amend Section 111657 of the Penal Code relating to childabuse reporting

LEGISLATIVE COUNSELS DIGEST

AB 1435 as amended Dickinson Child abuse reporting athleticpersonnel

Existing law the Child Abuse and Neglect Reporting Act requiresa mandated reporter as defined to report whenever he or she in his orher professional capacity or within the scope of his or her employmenthas knowledge of or observed a child whom the mandated reporterknows or reasonably suspects has been the victim of child abuse orneglect Failure to report an incident is a crime punishable byimprisonment in a county jail for a period of up to 6 months a fine ofup to $1000 or by both that imprisonment and fine

This bill would add athletic coaches athletic administrators andathletic directors employed by a public or private organization to thelist of individuals who are mandated reporters The bill otlld reqtlirean ptlblie or pri v ate orgflftizationernplo ing flftathletieeoaen Mhletie

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AB 1435 -2-

ftdministrator or Mhletie direetor to hftve provided initiftl trftining byJflfttlM) I 2014 on speeified mfttters relMing to ehiM a-bttse ftftdnegleetfor those employees On ftftd ftfter lftnuftry 12014 the bill vvottld reeJtlireinitiftl trftining to be pro vided IV ithin 6 months of the dMe ftn indi vidttftlbeeomes employed in thM eftlfteiry The bill vvouM require theseindividuftls to eomplete eontifttling tminmg every 2 yeMs

By imposing the reporting requirements on a new class of personsfor whom failure to report specified conduct is a crime ftftdby imposingne~ trftining reeJtlirements on publie oIgftfiiZMions ineluding loeftlgOvernment entities this bill would impose a state-mandated localprogram

The Cftlifomift Constittltion reqtlires the stMe to reimbtlfse loeftlftgeneies ftnd sehool distriets for eertftin eosts mftftdMed by the stftteStftttltory pItYvisions esffiblish proeedtlfes for mftkffigthftt reimbtlfsement

This bill hould pro vide thM 4vith regMd to eertftin mftftdfttes noIeimbtlfsement is reeJtlired by this ftet for ft speeified reftson

Vith regftM to ftny other mftndMeS this bill vv0tlM pro vide thM if theCommission on StMe ~bndtltes determines thM the bill eontftins eostsso mftndftted by the stftte reimbttIsement for those eosts shftll be mftdeptlfStlftnt to the stftttltory pro visions noted ttbo ve

The California Constitution requires the state to reimburse localagencies and school districts for certain costs mandated by the stateStatutory provisions establish procedures for making thatreimbursement

This bill would provide that no reimbursement is required by this actfor a specified reason

Vote majority Appropriation no Fiscal committee yesState-mandated local program yes

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 111657 of the Penal Code is amended2 to read3 111657 (a) As used in this article mandated reporter is4 defined as any of the following5 (1) A teacher6 (2) An instructional aide7 (3) A teachers aide or teachers assistant employed by any8 public or private schooL9 (4) A classified employee of any public schooL

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-3- AB 1435

1 (5) An administrative officer or supervisor of child welfare and2 attendance or a certificated pupil personnel employee of any public3 or private school4 (6) An administrator of a public or private day camp

(7) An administrator or employee of a public or private youth6 center youth recreation program or youth organization7 (8) An administrator or employee of a public or private8 organization whose duties require direct contact and supervision9 of children

(9) Any employee of a county office of education or the State11 Department of Education whose duties bring the employee into12 contact with children on a regular basis13 (10) A licensee an administrator or an employee of a licensed14 community care or child day care facility

(11) A Head Start program teacher16 (12) A licensing worker or licensing evaluator employed by a17 licensing agency as defined in Section 111651118 (13) A public assistance worker19 (14) An employee of a child care institution including but not

limited to foster parents group home personnel and personnel of21 residential care facilities22 (15) A social worker probation officer or parole officer23 (16) An employee of a school district police or security24 department

(17) Any person who is an administrator or presenter of or a26 counselor in a child abuse prevention program in any public or27 private school28 (18) A district attorney investigator inspector or local child29 support agency caseworker unless the investigator inspector or

caseworker is working with an attorney appointed pursuant to31 Section 317 of the Welfare and Institutions Code to represent a32 mmor33 (19) A peace officer as defined in Chapter 45 (commencing34 with Section 830) of Title 3 of Part 2 who is not otherwise

described in this section36 (20) A firefighter except for volunteer firefighters37 (21) A physician and surgeon psychiatrist psychologist dentist38 resident intern podiatrist chiropractor licensed nurse dental39 hygienist optometrist marriage and family therapist clinical social

worker professional clinical counselor or any other person who

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AB 1435 -4-

is currently licensed under Division 2 (commencing with Section500) of the Business and Professions Code

(22) Any emergency medical technician I or II paramedic orother person certified pursuant to Division 25 (commencing withSection 1797) of the Health and Safety Code

(23) A psychological assistant registered pursuant to Section2913 of the Business and Professions Code

(24) A marriage and family therapist trainee as defined insubdivision (c) of Section 498003 of the Business and ProfessionsCode

(25) An unlicensed marriage and family therapist internregistered under Section 498044 of the Business and ProfessionsCode

(26) A state or county public health employee who treats a minorfor venereal disease or any other condition

(27) A coroner(28) A medical examiner or any other person who performs

autopsies(29) A commercial film and photographic print processor as

specified in subdivision (e) of Section 11166 As used in thisarticle commercial film and photographic print processor meansany person who develops exposed photographic film into negativesslides or prints or who makes prints from negatives or slides forcompensation The term includes any employee of such a personit does not include a person who develops film or makes prints fora public agency

(30) A child visitation monitor As used in this article childvisitation monitor means any person who for financialcompensation acts as monitor of a visit between a child and anyother person when the monitoring of that visit has been orderedby a court of law

(31) An animal control officer or humane society officer Forthe purposes ofthis article the following terms have the followingmeanings

(A) Animal control officer means any person employed by acity county or city and county for the purpose of enforcing animalcontrol laws or regulations

(B) Humane society officer means any person appointed oremployed by a public or private entity as a humane officer who is

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-5- AB 1435

qualified pursuant to Section 14502 or 14503 of the CorporationsCode

(32) A clergy member as specified in subdivision (d) of Section11166 As used in this article clergy member means a priestminister rabbi religious practitioner or similar functionary of achurch temple or recognized denomination or organization

(33) Any custodian of records of a clergy member as specifiedin this section and subdivision (d) of Section 11166

(34) Any employee of any police department county sheriffsdepartment county probation department or county welfaredepartment

(35) An employee or volunteer of a Court Appointed SpecialAdvocate program as defined in Rule 1424 ofthe California Rulesof Court

(36) A custodial officer as defined in Section 8315(37) Any person providing services to a minor child under

Section 12300 or 123001 of the Welfare and Institutions Code(38) An alcohol and drug counselor As used in this article an

alcohol and drug counselor is a person providing counselingtherapy or other clinical services for a state licensed or certifieddrug alcohol or drug and alcohol treatment program Howeveralcohol or drug abuse or both alcohol and drug abuse is not inand of itself a sufficient basis for reporting child abuse or neglect

(39) A clinical counselor trainee as defined in subdivision (g)of Section 499912 of the Business and Professions Code

(40) A clinical counselor intern registered under Section 499942of the Business and Professions Code

(41) An athletic coach athletic administrator or athletic directoremployed by a public or private organization including but notlimited to schools and instittttions of higher e6ueation thatprovidekindergarten or any of grades 1 to 12 inclusive

(b) Except as provided in paragraph (35) of subdivision (a)volunteers of public or private organizations whose duties requiredirect contact with and supervision of children are not mandatedreporters but are encouraged to obtain training in the identificationand reporting of child abuse and neglect and are further encouragedto report known or suspected instances of child abuse or neglectto an agency specified in Section 111659

(c) Employers are strongly encouraged to provide theiremployees who are mandated reporters with training in the duties

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AB 1435 -6-

imposed by this article This training shall include training in childabuse and neglect identification and training in child abuse andneglect reporting Whether or not employers provide theiremployees with training in child abuse and neglect identificationand reporting the employers shall provide their employees whoare mandated reporters with the statement required pursuant tosubdivision (a) of Section 111665

(d) School districts that do not train their employees specifiedin subdivision (a) in the duties of mandated reporters under thechild abuse reporting laws shall report to the State Department ofEducation the reasons why this training is not provided

(e) Unless otherwise specifically provided the absence oftraining shall not excuse a mandated reporter from the dutiesimposed by this article

(f) Public and private organizations are encouraged to providetheir volunteers whose duties require direct contact with andsupervision of children with training in the identification andreporting of child abuse and neglect

(g) (1) On 6r befure Jttmtary 1 2014 ttll) pttblie 6r privflie6rganizttti6ftemp16ing ttft Mhletie e6tteh Mhletie ttdmimstrltt6r6r Mhletie direet6r ttSspeeified ift pMttgrttph (41) 6f sttbdivisi6ft(tt) shttll pr6 vide iftitittl trttining f6r th6se empl~ ees 6n thefull6vvingmtttters

(A) The identifiettti6n 6f ehild ttbttse ttnd negleet(D) Aeti vities thttt e6ftstitttte inltppr6prittte ttftd illegttl e6ntttet

betiveen tt 6tlth ltftd ltft ttthietie e6tteh Mhletie ttdmiftistrttt6r 6rttthietie direet6r

(6) The resp6nsibilities 6f tt pers6n identified lIStt mttndfliedrep6rter in this seeti6n ineIttding btl ft6t limited t6 ttll 6f thefull6 vving

(i) T6 ~h6m tt rep6rt is reqtlired t6 be mttde(ii) The inf6rmttti6n thttt is reqttired t6 be ifte1ttdedin tt rep6rt(iii) The time vvithiftvvhieha mandated rep6rter is reqttired t6

file tt rep6rt(2) Initittl training shall be pr6vided b perS6ftSkn6vvledgeltble

ift the identifiettti6n 6fehild aettse ttnd negleet inltppf6prittte ltftdillegal e6ntaet bem eena 6ttth and ltftadttIt ltftdstatttt6ry rep6rtingreqttiremeftts ltftdshttll e6nsist 6ftw6 h6ttrs 6felassr66m 6r 6therinteraetive trainiftg ltftdedttettti6n

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1 (h) Commeneing on fmd aftel Jfmtlftry12014 fmofgfmization2 speeified in sttbdivision (g) shaHpro ide initial training within six3 months of the date that fm individtutl beeomes empleryed as an4 Mhletie eoaeh athletie administrator or athletie direetor ttnless5 the indi idttal reeei ed training Hithin tw0 years prior to the date6 the indi idtlal is empleryed An Mhletie eoaeh athletie7 administrator or athletie direetor Hho has leeeied initial training8 ptlfStlafttto sttbdiision (g) shall eomplete eontifttling training9 thereafter onee eery two years eonsisting of one hottf of

10 elassroom or other interaeti e training fmd edtteation11 SEC 2 No reimbtlrsement is reqtlired by this aet pttfStlafttto12 Seetion 6 ofArtiele )GIlD of the California Constitution for eertain13 eosts that may be inetllTed by a loeal ageney or sehool distriet14 beeatlse ift that regard this aet ereates a nev erime or infraetion15 eliminates a erime or infraetion or ehfmges the penalty fOfa erime16 or inflaetion Hithin the meaning of Seetion 17556 of the17 Goemment Code or ehanges the definition ofa elime Hithin the18 meaning of Seetion 6 of Aniele XIII D of the Califomia19 Constitution20 IIo~eer if the Commission on State Mfmdates determines that21 this aet eontainsother eosts mfmdated by the state reimbttfsement22 to loeal ageneies fmd sehool distliets for those eosts shall be made23 ptlfStlafttto Part 7 (eommeneing Hith Seetion 17500) of Division24 4 of Title 2 of the Goemment Code25 SEC 2 No reimbursement is required by this act pursuant to26 Section 6 of Article XIII B of the California Constitution because27 the only costs that may be incurred by a local agency or school28 district will be incurred because this act creates a new crime or29 infraction eliminates a crime or infraction or changes thepenalty30 for a crime or infraction within the meaning of Section 17556 of31 the Government Code or changes the definition of a crime within32 the meaning of Section 6 of Article XIII B of the California33 Constitution

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AB 1904 Assembly Bill Status

MEASURE AUTHOR(S)TOPIC

HOUSE

CURRENT BILL STATUS

AB No 1904Block Butler and

Professions and vocationslicenses

LOCATION

Cookmilitary spouses temporary

TYPE OF BILL

SEN

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyAppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpub11-12billasmab _1901-1950ab _1904_ bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes Noes OOPASS17

An act to add Section 1155 to the Business andProfessions Code relating to professions and vocationsand making an appropriation therefor

-

AB 1588 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1588AUTHOR(S) Atkins (Principal coauthors Cook and Nielsen)

(Coauthors Block Beth Gaines Pan V Manuel PerezWilliams and Yamada)

TOPIC Professions and vocations reservist licensees fees andcontinuing education

HOUSE LOCATION SEN+LAST AMENDED DATE 03052012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS forLAST

LAST

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

TITLE An act to add Section 1143 to the Business andProfessions Code relating to professions and vocations

htlpllwwwleginfocagovpubll-12Ibillasmlab _1551-1600ab _1588 _bill_20120601_statu 652012

middot

AMENDED IN ASSEMBLY MARCH 5 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1588

Introduced by Assembly Member Atkins(Principal coauthors Assembly Members Cook and Nielsen)

(Coauthors Assembly Members Block Beth Gaines PanV Manuel Perez Williams and Yamada)

February 6 2012

An act to add Section 1143 to the Business and Professions Coderelating to professions and vocations

LEGISLATIVE COUNSELS DIGEST

AB 1588 as amended Atkins Professions and vocations reservistlicensees fees and continuing education

Existing law provides for the regulation of various professions andvocations by boards commissions or bureaus within the Departmentof Consumer Affairs and for the licensure or registration of individualsin that regard Existing law authorizes any licensee whose licenseexpired while he or she was on active duty as a member of the CaliforniaNational Guard or the United States Armed Forces to reinstate his orher license without examination or penalty if certain requirements aremet

This bill would require the boards commissions or bureaus describedabove to waive the renewal fees and continuing education requirementsif either is applicable of any licensee or registrant who is a reservistcalled to active duty as a member of the United States Military Reserveor the California National Guard if certain requirements are met

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

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AB 1588 -2-

Thepeople of the State of Califomi a do enact asfollows

1 SECTION 1 Section 1143 is added to the Business and2 Professions Code to read3 1143 Notwithstanding any other provision oflaw everyboard4 commission or bureau within the department shall waive the5 renewal fees and continuing education requirements if either is6 applicable for any licensee or registrant who is a reservist called7 to active duty as a member of the United States Military Reserve8 or the California National Guard if all of the following9 requirements are met

10 (a) The licensee or registrant was in good standing with the11 board commission or bureau at the time the reservist was called12 to active duty13 (b) The renewal fees or continuing education requirements are14 waived only for the period during which the reservist is on active15 duty service16 (c) The active duty reservist or the active duty reservists spouse17 or registered domestic partner provides written notice satisfactory18 to the board commission or bureau that substantiates the19 reservists active duty service

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AB 1896 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1896AUTHOR(S) ChesbroTOPIC Tribal health programs health care practitionersHOUSE LOCATION SEN+LAST AMENDED DATE 03272012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATIONCOMM ACTION DATECOMM ACTIONCOMM VOTE SUMMARY

ASM

05172012Referred to Com on B P amp EDBUSINESS PROFESSIONS AND CONSUMER PROTECTION04102012

Do passAyes 09 Noes OOPASS

TITLE An act to amend the heading of Article 10 (commencingwith Section 710) of Chapter 1 of Division 2 of and toadd Section 719 to the Business and Professions Coderelating to healing arts

httpwwwleginfocagovpubI11-12lbillasmab_1851-1900ab_1896_bill_20120517 _statu 652012

-

AMENDED IN ASSEMBLY MARCH 27 2012

CALIFORNIA LEGISLATURE-20II-12 REGULAR SESSION

ASSEMBLY BILL No 1896

Introduced by Assembly Member Chesbro

February 222012

An act to amend the heading of Article 10 (commencing with Section710) of Chapter 1 of Division 2 of and to add Section 719 to theBusiness and Professions Code relating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1896 as amended Chesbro Tribal health programs health carepractitioners

Under existing federal law licensed health professionals employedby a tribal health program are required to be exempt if licensed in anystate from the licensing requirements of the state in which the tribalhealth program performs specified services A tribal health program isdefined as an Indian tribe or tribal organization that operates any healthprogram service function activity or facility funded in whole or partby the Indian Health Service

Existing law provides for the licensure and regulation of health carepractitioners by various healing arts boards within the Department ofConsumer Affairs

This bill would codify that federal requirement by specifying that aperson who is licensed as a health care practitioner in any other stateand is employed by a tribal health program is exempt from any statelicensing requirement with respect to acts authorized under thepersonslicense where the tribal health program performs specified services

Vote majority Appropriation no Fiscal committee noState-mandated local program no

98

AD 1896 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 The heading of Article 10 (commencing with2 Section 710) of Chapter 1 of Division 2 of the Business and3 Professions Code is amended to read456789

101112131415161718192021

Article 10 Federal Personnel and Tribal Health Programs

SEC 2 Section 719 is added to the Business and ProfessionsCode to read

719 (a) A person who is licensed as a health care practitionerin any other state and is employed by a tribal health program asdefined in Section 1603 of Title 25 of the United States Code shallbe exempt from any licensing requirement described in this divisionwith respect to acts authorized under the persons license wherethe tribal health program performs the services described in thecontract or compact of the tribal health program under the IndianSelf-Determination and Education Assistance Act (25 USC Sec450 et seq)

(b) For purposes of this section health care practitioner meansany person who engages in acts that are the subject of licensureor regulation under this division or Ml) initiative 8et referred to inthis division the law of any other state

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98

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1904

Introduced by Assembly Members Block Butler and Cook

February 222012

An act to add Section 1155 to the Business and Professions Coderelating to professions and vocations and making an appropriationtherefor

LEGISLATIVE COUNSELS DIGEST

AB 1904 as introduced Block Professions and vocations militaryspouses temporary licenses

Existing law provides for the licensure and regulation of variousprofessions and vocations by boards within the Department of ConsumerAffairs Existing law provides for the issuance of reciprocal licenses incertain fields where the applicant among other requirements has alicense to practice within that field in another jurisdiction as specifiedUnder existing law licensing fees imposed by certain boards withinthe department are deposited in funds that are continuously appropriated

This bill would authorize a board within the department to issue atemporary license to an applicant who among other requirements holdsan equivalent license in another jurisdiction as specified and is marriedto or in a legal union with an active duty member of the Armed Forcesofthe United States who is assigned to a duty station in California underofficial active duty military orders The bill would require a board toexpedite the process for issuing these temporary licenses The bill wouldrequire the applicant to pay any fees required by the board and wouldrequire that those fees be deposited in the fund used by the board toadminister its licensing program To the extent that the bill would

99

AB 1904 -2-

increase the amount of money deposited into a continuously appropriatedfund the bill would make an appropriation

Vote majority Appropriation yes Fiscal committee yesState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 1155 is added to the Business and2 Professions Code to read3 1155 (a) A board within the department may issue a4 temporary license to an applicant who meets all of the following5 requirements6 (l) Submits an application in the manner prescribed by the7 board8 (2) Supplies evidence satisfactory to the board that the applicant9 is married to or in a domestic partnership or other legal union

10 with an active duty member of the Armed Forces of the United11 States who is assigned to a duty station in this state under official12 active duty military orders13 (3) Holds a current license in another state district or territory14 of the United States with the requirements that the board determines15 are substantially equivalent to those established under this code16 for that occupation17 (4) Has not committed an act in anyjurisdiction that would have18 constituted grounds for denial suspension or revocation of the19 license under this code at the time the act was committed20 (5) Has not been disciplined by a licensing entity in another21 jurisdiction and is not the subject of an unresolved complaint22 review procedure or disciplinary proceeding conducted by a23 licensing entity in another jurisdiction24 (6) Pays any fees required by the board Those fees shall be25 deposited in the applicable fund or account used by the board to26 administer its licensing program27 (7) Submits fingerprints and any applicable fingerprinting fee28 in the manner required of an applicant for a regular license29 (b) A board shall expedite the procedure for issuing a temporary30 license pursuant to this section31 (c) A temporary license issued under this section shall be valid32 for 180 days except that the license may at the discretion of the

99

-3- AB 1904

I board be extended for an additional180-day period on application2 of the license holder3 (d) A board may adopt regulations necessary to administer this4 section

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99

AB 1932 Assembly Bill Status

MEASURE AUTHOR(S)TOPICHOUSE+LAST

CURRENT BILL STATUS

AB No 1932Gorell (Coauthor Cook)

United States armed services healing arts boardsLOCATION SENAMENDED DATE 04172012

TYPE OF BILL

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpubI11-12Ibillasmab_1901-1950ab_1932_bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

An act to add Section 7102 to the Business andProfessions Code relating to healing arts

-

AMENDED IN ASSEMBLY APRIL 172012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1932

Introduced by Assembly Member-Ceek Gorell(Coauthor Assembly Member Cook)

February 222012

An act to add Section 7102 to the Business and Professions Coderelating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1932 as amended euroook Gorell United States armed serviceshealing arts boards

Existing law provides for the licensure and regulation of varioushealing arts professions and vocations by boards within the Departmentof Consumer Affairs Existing law requires the rules and regulations ofthese healing arts boards to provide for methods of evaluating educationtraining and experience obtained in military service if such training isapplicable to the requirements of the particular profession or vocationregulated by the board Under existing law the Department of VeteransAffairs has specified powers and duties relating to various programsserving veterans

This bill would require by January 12014 and annually thereafterevery healing arts board to issue a specified written report to theDepartment of Veterans Affairs and the Legislature as specified thatclearly details the methods of evaluating the education training andexperience obtained in military service and whether that educationtraining and experience is applicable to the boards requirements forlicensure The bill would declare the intent of the Legislature in thisregard

98

AB 1932 -2-

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 710 of the Business and Professions Code2 was enacted in 1969 and because healing arts boards have not3 demonstrated significant compliance with that section it is the4 intent of the Legislature to establish an annual reporting5 requirement to compel these boards to provide information about6 the methods of evaluating education training and experience7 obtained in military service in order to meet the needs of the8 upcoming wave of armed service members returning to civilian9 life

10 SEC 2 Section 7102 is added to the Business and Professions11 Code to read12 7102 (a) By January 12014 and annually thereafter every13 healing arts board described in this division shall issue a written14 report to the Department of Veterans Affairs and to the Legislature15 that clearly details the methods of evaluating the education16 training and experience obtained in military service and whether17 that education training and experience is applicable to the boards18 requirements for licensure This written report shall include but19 not be limited to quantitative information about the number of20 service members who have applied for and have used their military21 education training and experience to fulfill the boards22 requirements for licensure23 (b) (1) The requirement to submit a report to the Legislature24 under subdivision (a) shall be inoperative on January 1 201825 pursuant to Section 102315 of the Government Code26 (2) A report to the Legislature shall be submitted in compliance27 with Section 9795 of the Government Code

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Page 14: DISCUSSION ANDPOSSIBLE ACTION REGARDING PENDING … · 2012-06-14  · Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of2010 (PublicLaw 111-152)

AB 374 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASUREAUTHOR (S)TOPICHOUSE+LAST

AB NoHayashi

AthleticLOCATIONAMENDED DATE

374

SENOS272011

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

the request ofCOMM LOCATION

06162011In committee

authorSEN BUSINESS

Set first hearing Hearing canceled at

PROFESSIONS AND ECONOMIC DEVELOPMENT

TITLE An act to add Chapter 27 (commencing with Section18898) to Division 8 of the Business and ProfessionsCode relating to athletic trainers

httpwwwleginfocagovpub11-12billasmab_0351-0400ab_374_bill_20 652012

AB 386 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 386AUTHOR(S) GalgianiTOPIC Prisons telehealth systems+LAST AMENDED DATE 05112011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to add Section 50233 to the Penal Code relatingto prisoners

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AB 439 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPICHOUSE+LAST

AB No 439Skinner

Health care informationLOCATION SENAMENDED DATE 06282011

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 07052011LAST HIST ACTION In committee Set first hearing Held without

recommendationCOMM LOCATION SEN JUDICIARY

TITLE An act to amend Section 5636 of the Civil Coderelating to health care information

httpwwwleginfocagovpub11-12billasmab_0401-0450ab _439 _bill_20120509 _status 652012

-

AMENDED IN SENATE JUNE 28 2011

AMENDED IN ASSEMBLY MAY 182011

AMENDED IN ASSEMBLY APRIL 7 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 439

Introduced by Assembly Member Skinner

February 142011

An act to amend Section 5636 of the Civil Code relating to healthcare information

LEGISLATIVE COUNSELS DIGEST

AB 439 as amended Skinner Health care informationExisting law the Confidentiality of Medical Information Act (CMIA)

prohibits a health care provider a contractor or a health care serviceplan from disclosing medical information as defined regarding a patientof the provider or an enrollee or subscriber of the health care serviceplan without first obtaining an authorization except as specified Inaddition to other remedies available existing law authorizes anindividual to bring an action against any person or entity who hasnegligently released his or her confidential records in violation ofthoseprovisions for nominal damages of$lOOO

This bill would specify that in an action brought on or after January1 2012 a court may not award nominal damages if the defendantestablishes specified factors as an affirmative defense including butnot limited to that it is a covered entity as defined and has compliedwith any obligations to notify persons entitled to receive notice regardingthe release of the information The bill would also make a technicalnonsubstantive change

96

AB439 -2-

Vote majority Appropriation no Fiscal committee noState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 5636 of the Civil Code is amended to2 read3 5636 (a) Any violation of the provisions of this part that4 results in economic loss or personal injury to a patient is punishable5 as a misdemeanor6 (b) In addition to any other remedies available at law any7 individual may bring an action against any person or entity who8 has negligently released confidential information or records9 concerning him or her in violation of this part for either or both

10 of the following11 (1) Except as provided in subdivision (e) nominal damages of12 one thousand dollars ($1000) In order to recover under this13 paragraph it shall not be necessary that the plaintiff suffered or14 was threatened with actual damages15 (2) The amount of actual damages if any sustained by the16 patient17 (c) (l) In addition any person or entity that negligently18 discloses medical information in violation of the provisions of this19 part shall also be liable irrespective of the amount of damages20 suffered by the patient as a result of that violation for an21 administrative fine or civil penalty not to exceed two thousand22 five hundred dollars ($2500) per violation23 (2) (A) Any person or entity other than a licensed health care24 professional who knowingly and willfully obtains discloses or25 uses medical information in violation of this part shall be liable26 for an administrative fine or civil penalty not to exceed twenty-five27 thousand dollars ($25000) per violation28 (B) Any licensed health care professional who knowingly and29 willfully obtains discloses or uses medical information in violation30 of this part shall be liable on a first violation for an administrative31 fine or civil penalty not to exceed two thousand five hundred32 dollars ($2500) per violation or on a second violation for an33 administrative fine or civil penalty not to exceed ten thousand34 dollars ($10000) per violation or on a third and subsequent35 violation for an administrative fine or civil penalty not to exceed

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-3- AB439

twenty-five thousand dollars ($25000) per violation Nothing inthis subdivision shall be construed to limit the liability of a healthcare service plan a contractor or a provider of health care that isnot a licensed health care professional for any violation of thispart

(3) (A) Any person or entity other than a licensed health careprofessional who knowingly or willfully obtains or uses medicalinformation in violation of this part for the purpose of financialgain shall be liable for an administrative fine or civil penalty notto exceed two hundred fifty thousand dollars ($250000) perviolation and shall also be subject to disgorgement of any proceedsor other consideration obtained as a result of the violation

(B) Any licensed health care professional who knowingly andwillfully obtains discloses or uses medical information in violationofthis part for financial gain shall be liable on a first violation foran administrative fine or civil penalty not to exceed five thousanddollars ($5000) per violation or on a second violation for anadministrative fine or civil penalty not to exceed twenty-fivethousand dollars ($25000) per violation or on a third andsubsequent violation for an administrative fine or civil penalty notto exceed two hundred fifty thousand dollars ($250000) perviolation and shall also be subject to disgorgement of any proceedsor other consideration obtained as a result ofthe violation Nothingin this subdivision shall be construed to limit the liability of ahealth care service plan a contractor or a provider of health carethat is not a licensed health care professional for any violation ofthis part

(4) Nothing in this subdivision shall be construed as authorizingan administrative fine or civil penalty under both paragraphs (2)and (3) for the same violation

(5) Any person or entity who is not permitted to receive medicalinformation pursuant to this part and who knowingly and willfullyobtains discloses or uses medical information without writtenauthorization from the patient shall be liable for a civil penalty notto exceed two hundred fifty thousand dollars ($250000) perviolation

(d) In assessing the amount of an administrative fine or civilpenalty pursuant to subdivision (c) the Office of HealthInformation Integrity licensing agency or certifying board orcourt shall consider anyone or more of the relevant circumstances

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10111213141516171819202122232425262728293031323334353637383940

AB439 -4-

presented by any of the parties to the case including but not limitedto the following

(1) Whether the defendant has made a reasonable good faithattempt to comply with this part

(2) The nature and seriousness of the misconduct(3) The harm to the patient enrollee or subscriber(4) The number of violations(5) The persistence of the misconduct(6) The length of time over which the misconduct occurred(7) The willfulness of the defendants misconduct(8) The defendants assets liabilities and net worth(e) (1) In an action brought by an individual pursuant to

subdivision (b) on or after January 12012 the court shall awardany actual damages and reasonable attorneys fees and costs butmay not award nominal damages for a violation of this part if thedefendant establishes all of the following as an affirmative defense

(A) The defendant is a covered entity as defined in Section160103 of Title 45 of the Code of Federal Regulations

(B) The defendant has complied with any obligations to notifyall persons entitled to receive notice regarding the release of theinformation or records

(C) The release of confidential information or records was solelyto another covered entity

(D) The defendant took appropriate preventive actions to protectthe confidential information or records against release retentionor use by any person or entity other than the covered entity thatreceived the information or records including but not limited to

(i) Developing and implementing security policies andprocedures

(ii) Designating a security official who is responsible fordeveloping and implementing its security policies and proceduresincluding educating and training the workforce

(iii) Encrypting the information or records and protectingagainst the release or use of the encryption key and passwords ortransmitting the information or records in a manner designed toprovide similar protections against improper disclosures

(E) The defendant took appropriate corrective action after therelease of the confidential records or information and the coveredentity that received the information or records immediatelydestroyed or returned the information or records

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-5- AB439

(F) The covered entity that received the confidential informationor records did not retain use or release the information or records

(G) The defendant has not Ifeviettsl) vielateti this IMt ef inthe eettrls tiisefetieft tieslite the Ifief vielatieftbeenfound liablefor a violation of this part within the three years preceding thealleged violation or the court determines that application of theaffirmative defense is found to be compelling and consistent withthe purposes ofthis section to promote reasonable conduct in lightof all the facts

(2) In an action under this subdivision a plaintiff shall beentitled to recover reasonable attorneys fees and costs withoutregard to an award of actual or nominal damages

(3) A defendant shall not be liable for more than one judgmenton the merits for a violation of this subdivision

(f) (1) The civil penalty pursuant to subdivision (c) shall beassessed and recovered in a civil action brought in the name of thepeople of the State of California in any court of competentjurisdiction by any of the following

(A) The Attorney General(B) Any district attorney(C) Any county counsel authorized by agreement with the

district attorney in actions involving violation of a countyordinance

(D) Any city attorney of a city(E) Any city attorney of a city and county having a population

in excess of 750000 with the consent of the district attorney(F) A city prosecutor in any city having a full-time city

prosecutor or with the consent of the district attorney by a cityattorney in any city and county

(G) The Director of the Office of Health Information Integritymay recommend that any person described in subparagraphs (A)to (F) inclusive bring a civil action under this section

(2) If the action is brought by the Attorney General one-halfofthe penalty collected shall be paid to the treasurer of the countyin which the judgment was entered and one-half to the GeneralFund If the action is brought by a district attorney or countycounsel the penalty collected shall be paid to the treasurer of thecounty in which the judgment was entered Except as provided inparagraph (3) if the action is brought by a city attorney or cityprosecutor one-half of the penalty collected shall be paid to the

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1 treasurer of the city in which the judgment was entered and one-half2 to the treasurer of the county in which the judgment was entered3 (3) If the action is brought by a city attorney of a city and4 county the entire amount of the penalty collected shall be paid to5 the treasurer of the city and county in which the judgment was6 entered7 (4) Nothing in this section shall be construed as authorizing8 both an administrative fine and civil penalty for the same violation9 (5) Imposition of a fine or penalty provided for in this section

10 shall not preclude imposition of any other sanctions or remedies11 authorized by law12 (6) Administrative fines or penalties issued pursuant to Section13 128015 of the Health and Safety Code shall offset any other14 administrative fine or civil penalty imposed under this section for15 the same violation16 (g) For purposes of this section knowing and willful shall17 have the same meanings as in Section 7 of the Penal Code18 (h) No person who discloses protected medical information in19 accordance with the provisions of this part shall be subject to the20 penalty provisions of this part

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AB 518 Assembly Bill Status Page I of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPICHOUSE+LAST

AB No 518Wagner

Elder and dependentLOCATION SENAMENDED DATE

adult abuse mandated reporters

03232011

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATION

06062011In committee Hearing postponed by committee

SEN BANKING AND FINANCIAL INSTITUTIONS

TITLE An act to repeal Section 7480 of the Government Codeand to amend Section 156301 of and to amend and repealSections 15633 15634 15640 and 156555 of theWelfare and Institutions Code relating to elder anddependent adult abuse

httpwwwleginfocagovpubll-12Ibillasmab_ 0501-0550ab_518_bill_2011 0615_status 652012

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AMENDED IN ASSEMBLY MARCH 23 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 518

Introduced by Assembly Member Wagner

February 152011

Aft aet to amend Seetion 156301 of the Welfare and InstittttionsCode relating to elder abtlse An act to repeal Section 7480 of theGovernment Code and to amend Section 156301 of and to amend andrepeal Sections 15633 15634 15640 and 156555 of the Welfare andInstitutions Code relating to elder and dependent adult abuse

LEGISLATIVE COUNSELS DIGEST

AB 518 as amended Wagner Elder and dependent adult abusemandated reporters

Existing law the Elder Abuse and Dependent Adult Civil ProtectionAct establishes procedures for the reporting investigation andprosecution of elder and dependent adult abuse including but notlimited to financial abuse as defined These procedures require personsdefined as mandated reporters to report known or suspected instancesof elder or dependent adult abuse A violation of the reportingrequirements by a mandated reporter is a misdemeanor Existing lawwhich will be repealed on January 12013 defines who is a mandatedreporter of suspected financial abuse of an elder or dependent adult Aviolation ofthe financial abuse reporting requirements is subject to civilpenalties

This bill would delete the January 1 2013 repeal date and makeconforming changes

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

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The people of the State of California do enact asfollows

1 SECTION 1 Section 7480 of the Government Code as2 amended by Section 2 of Chapter 234 of the Statutes of 2008 is3 repealed4 7480 Nothing in this ehapter prohibits an) of the following

(a) The dissemination of an) finaneial information that is not6 identified with or identifiable as being deri ved from the fiftMleial7 reeords of a partietllar etlstomer8 (b) When any poliee or sheriffs department or distriet attorney9 in this state eertines to a bank eredit tlftion or savin-gsassoeiation

in 4vritingthat a erime report has been filed that involves the11 alleged fratldttlent tlse of drafts eheeks or other orders drawfl12 tlJon MtY bank eredit tlftion or Sltv ings assoeiation in this state13 the poliee or sheriffs department or distriet attomey a eotlnty14 adttlt proteeti-ve sen iees oftiee 4vhen investigating the finaneial

abttse of an elder or dependent adttlt or a long term eare16 ombttdsman when investigating the finaneial abttse of an elder or17 dependent adttlt rna reqtlest a bank eredit tlftion or savings18 assoeiation to fttmish and a bank eredit tlftion or savings19 assoeiation shall fttmish a statement setting forth the folIowing

information with respeet to a etlstomer aeeotlnt speeified b) the21 reqttesting parry for a period 30 da s prior to and tlJ to 30 da) s22 following the date ofoeetnTenee of the alleged illegal aet invohin-g23 the aeeotlftt24 (1) The Itttftlber of items dishonored

(2) The nttmber of items paid that ereated Oierdrafts26 (3) The dollar volttme of the dishonored items and items paid27 whieh ereated overdrafts and a statement explaining an) eredit28 atTangementbetween the bank eredit tlftion or savin-gsassoeiation29 and etlstomer to pa) 0verdrafts

(4) The dates and amotlnts of deposits and debits and the aeeotlftt31 balanee on these dates32 (5) A eoJry of the signattlre eard inelttding the signattlre and33 an) addresses appearing on a etlstomers signattlre eard34 (6) The date the aeeottnt opened and ifapplieable the date the

aeeotlnt elosed36 (7) A bank eredit tlftion or saTvingsassoeiation that proiides37 the reqtlesting part) vvith eopies of one or more eomplete aeeottnt

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the taxpa er (2) the (iireet deposit refund bullbullas not rettlmed to theFranehise Tax Board and (3) the remnd TnaSdeposited direetlyon a speeifled date into the aeeotlftt of an aeeotmtholder of theflnaneial instittttion bullbullho bullbullas not entitled to reeei v e the refttndthen the flnaneial instittttion shall fttntish to the Franehise TaxBoard the name and address ofan eoo w ner eosigtter or an otherperson bullbullho had aeeess to the mnds in the aeeotlttt follo bullbulling thedate ofdiIeet deposit refund or if the aeeotmt has been dosed thename and address of the person bullbullho dosed the aeeOtlftt

(s) This seetion shall beeome operati v e on Jaftttary 1 2013SECTION 1SEC 2 Section 156301 of the Welfare and Institutions Code

is amended to read156301 (a) As used in this section mandated reporter of

suspected financial abuse of an elder or dependent adult meansall officers and employees of financial institutions

(b) As used in this section the term financial institution meansany of the following

(l) A depository institution as defined in Section 3(c) of theFederal Deposit Insurance Act (12 USC Sec 1813(c))

(2) An institution-affiliated party as defined in Section 3(u) ofthe Federal Deposit Insurance Act (12 USC Sec 1813(u))

(3) A federal credit union or state credit union as defined inSection 101 ofthe Federal Credit Union Act (12 USC Sec 1752)including but not limited to an institution-affiliated party of acredit union as defined in Section 206(r) of the Federal CreditUnion Act (12 USc Sec 1786(r))

(c) As used in this section financial abuse has the samemeaning as in Section 1561030

(d) (l) Any mandated reporter of suspected financial abuse ofan elder or dependent adult who has direct contact with the elderor dependent adult or who reviews or approves the elder ordependent adults financial documents records or transactionsin connection with providing financial services with respect to anelder or dependent adult and who within the scope of his or heremployment or professional practice has observed or hasknowledge of an incident that is directly related to the transactionor matter that is within that scope of employment or professionalpractice that reasonably appears to be financial abuse or whoreasonably suspects that abuse based solely on the information

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before him or her at the time of reviewing or approving thedocument record or transaction in the case of mandated reporterswho do not have direct contact with the elder or dependent adultshall report the known or suspected instance of financial abuse bytelephone immediately or as soon as practicably possible and bywritten report sent within two working days to the local adultprotective services agency or the local law enforcement agency

(2) When two or more mandated reporters jointly haveknowledge or reasonably suspect that financial abuse of an elderor a dependent adult for which the report is mandated has occurredand when there is an agreement among them the telephone reportmay be made by a member of the reporting team who is selectedby mutual agreement A single report may be made and signed bythe selected member of the reporting team Any member of theteam who has knowledge that the member designated to report hasfailed to do so shall thereafter make that report

(3) If the mandated reporter knows that the elder or dependentadult resides in a long-term care facility as defined in Section1561047 the report shall be made to the local ombudsman or locallaw enforcement agency

(e) An allegation by the elder or dependent adult or any otherperson that financial abuse has occurred is not sufficient to triggerthe reporting requirement under this section if both of the followingconditions are met

(1) The mandated reporter of suspected financial abuse of anelder or dependent adult is aware of no other corroborating orindependent evidence of the alleged financial abuse of an elder ordependent adult The mandated reporter of suspected financialabuse of an elder or dependent adult is not required to investigateany accusations

(2) In the exercise of his or her professional judgment themandated reporter of suspected financial abuse of an elder ordependent adult reasonably believes that financial abuse of anelder or dependent adult did not occur

(f) Failure to report financial abuse under this section shall besubject to a civil penalty not exceeding one thousand dollars($1000) or if the failure to report is willful a civil penalty notexceeding five thousand dollars ($5000) which shall be paid bythe financial institution that is the employer of the mandated

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reporter to the party bringing the action Subdivision (h) of Section15630 shall not apply to violations of this section

(g) (1) The civil penalty provided for in subdivision (f) shallbe recovered only in a civil action brought against the financialinstitution by the Attorney General district attorney or countycounsel No action shall be brought under this section by anyperson other than the Attorney General district attorney or countycounsel Multiple actions for the civil penalty may not be broughtfor the same violation

(2) Nothing in the Financial Elder Abuse Reporting Act of2005shall be construed to limit expand or otherwise modify any civilliability or remedy that may exist under this or any other law

(h) As used in this section suspected financial abuse of anelder or dependent adult occurs when a person who is requiredto report under subdivision (a) observes or has knowledge ofbehavior or unusual circumstances or transactions or a pattern ofbehavior or unusual circumstances or transactions that would leadan individual with like training or experience based on the samefacts to form a reasonable belief that an elder or dependent adultis the victim of financial abuse as defined in Section 1561030

(i) Reports of suspected financial abuse of an elder or dependentadult made by an employee or officer of a financial institutionpursuant to this section are covered under subdivision (b) of Section47 of the Civil Code

SEC 3 Section 15633 of the Welfare and Institutions Codeas amended by Section 5 of Chapter 140 of the Statutes of 2005is amended to read

15633 (a) The reports made pursuant to Sections 15630156301 and 15631 shall be confidential and may be disclosedonly as provided in subdivision (b) Any violation of theconfidentiality required by this chapter is a misdemeanorpunishable by not more than six months in the county jail by afine of five hundred dollars ($500) or by both that fine andimprisonment

(b) Reports of suspected abuse of an elder or dependent adultand information contained therein may be disclosed only to thefollowing

(1) Persons or agencies to whom disclosure of information orthe identity of the reporting party is permitted under Section156335

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(2) (A) Persons who are trained and qualified to serve onmultidisciplinary personnel teams may disclose to one anotherinformation and records that are relevant to the preventionidentification or treatment of abuse of elderly or dependentpersons

(B) Except as provided in subparagraph (A) any personnel ofthe multidisciplinary team or agency that receives informationpursuant to this chapter shall be under the same obligations andsubject to the same confidentiality penalties as the persondisclosing or providing that information The information obtainedshall be maintained in a manner that ensures the maximumprotection of privacy and confidentiality rights

(c) This section shall not be construed to allow disclosure ofany reports or records relevant to the reports of abuse of an elderor dependent adult if the disclosure would be prohibited by anyother provisions of state or federal law applicable to the reports orrecords relevant to the reports of the abuse nor shall it be construedto prohibit the disclosure by a financial institution of any reportsor records relevant to the reports of abuse of an elder or dependentadult if the disclosure would be required of a financial institutionby otherwise applicable state or federal law or court order

(d) This seetion shall remain in dIcet on) tmtilJantmry I 2813and as of that date is repealed unless a later enaeted statute thatis enaeted before JMlt1ary12813 deletes or extends that date

SEC 4 Section 15633 of the Welfare and Institutions Codeas added by Section 6 of Chapter 140 of the Statutes of 2005 isrepealed

15633 (a) The leports made ptlrstlMlt to Seetions 15638 and15631 shall be eonndential and may be diselosed on) as pro videdin stlbdivision (b) AIl) violation of the eonfidetttialrt reqtliredbythis ehapter is a misdemeanor ptlnishable bynot more than sixmoftths in the eounry jail b)l a nne ofn Vehundred dollars ($588)or byboth that nne and imprisonment

(b) Reports of stlspeeted elder 01 dependent adttlt abttse andinfenmation eontained therein may be diselosed only to thefollo vving

(1) Persons or ageneies to vvhomdiselostlfe of information orthe identity of the reporting pMty is permitted tlnder Seetion156335

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(2) EA) Persems who Me trftined Md qtlftlified to sene onmtlltidiseiplinftfjf persoflftel teftll1smfty diselose to one Mlotherinfermtttion Md reeords thftt Me relevflnt to the preventionidentifiefttion or trefttment of ftbttse of elderly or dependentpersons

EB) Exeept ftSpro vided in SMpMftgrftph EA) Mly personnel ofthe ftltlltidiseiplinftry teftftl or ftgeney thftt reeeives informfttionptlrstlftnt to this ehflPtel shftH he tinder the sftme ohligfttions ftndsttbjeet to the sftme eonfidentiftlity penftlties ftS the pelsondisdosing or pro viding thftt infermfttion The informfttion ohtftinedshftH he mftintftined in ft ftlftflfter thftt enstlfes the ftlftXimttmproteetion ofprivftey ftnd eonfidentiftlity rights

Ee) This seetion shftH not he eonstftled to ftHo diselostlfe ofMy reports or reeords rde vMit to the reports of elder or dependentftdttlt ftbttse if the disdostlfe votlld he prohibited hy My other110visions of stftte or federftllft bullbull ftppliefthle to the reports or reeordsrele vftnt to the reports of the flbttse

Ed) This seetion shftH heeome operftti ve on Jftntlftry I 2013SEC 5 Section 15634 of the Welfare and Institutions Code

as amended by Section 7 of Chapter 140 of the Statutes of 2005is amended to read

15634 (a) No care custodian clergy member healthpractitioner mandated reporter of suspected financial abuse of anelder or dependent adult or employee of an adult protectiveservices agency or a local law enforcement agency who reports aknown or suspected instance of abuse of an elder or dependentadult shall be civilly or criminally liable for any report requiredor authorized by this article Any other person reporting a knownor suspected instance of abuse of an elder or dependent adult shallnot incur civil or criminal liability as a result of any reportauthorized by this article unless it can be proven that a false reportwas made and the person knew that the report was false No personrequired to make a report pursuant to this article or any persontaking photographs at his or her discretion shall incur any civil orcriminal liability for taking photographs of a suspected victim ofabuse of an elder or dependent adult or causing photographs to betaken of such a suspected victim or for disseminating thephotographs with the reports required by this article Howeverthis section shall not be construed to grant immunity from thisliability with respect to any other use of the photographs

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(b) No care custodian clergy member health practitionermandated reporter of suspected financial abuse of an elder ordependent adult or employee of an adult protective services agencyor a local law enforcement agency who pursuant to a request froman adult protective services agency or a local law enforcementagency investigating a report of known or suspected abuse of anelder or dependent adult provides the requesting agency withaccess to the victim of a known or suspected instance of abuse ofan elder or dependent adult shall incur civil or criminal liabilityas a result of providing that access

(c) The Legislature finds that even though it has providedimmunity from liability to persons required to report abuse of anelder or dependent adult immunity does not eliminate thepossibility that actions may be brought against those persons basedupon required reports of abuse In order to further limit the financialhardship that those persons may incur as a result of fulfilling theirlegal responsibilities it is necessary that they not be unfairlyburdened by legal fees incurred in defending those actionsTherefore a care custodian clergy member health practitioneror an employee of an adult protective services agency or a locallaw enforcement agency may present to the StMe B6Md 6pound C6ntr61California Victim Compensation and Government Claims Boarda claim for reasonable fttt6meys attorneys fees incurred in anyaction against that person on the basis of making a report requiredor authorized by this article if the court has dismissed the actionupon a demurrer or motion for summary judgment made by thatperson or if he or she prevails in the action The StMe B6ftrd 6fC6ntr61 California Victim Compensation and Government ClaimsBoard shall allow that claim if the requirements ofthis subdivisionare met and the claim shall be paid from an appropriation to bemade for that purpose Att6mey s Attorneys fees awarded pursuantto this section shall not exceed an hourly rate greater than the ratecharged by the Attorney General at the time the award is madeand shall not exceed an aggregate amount of fifty thousand dollars($50000) This subdivision shall not apply if a public entity hasprovided for the defense of the action pursuant to Section 995 ofthe Government Code

(d) This seeti6n shftll remftin in dfeet 6ttly tmtil J8fttlfll)1 2013ftnd ftS6pound thftt dMe is repeftled wIess ft IMer enfteted stMute thMis en8eted before Jftftt18ry12013 deletes 6r extends thM dMe

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SEC 6 Section 15634 of the Welfare and Institutions Codeas amended by Section 711 ojChapter 538 of the Statutes oj2006is repealed

15634 eft) No eMe etlstodimt ele~ member hea-lthpraetitioner or employee of an adttlt proteeti-ve serviees ageneyor a loeal larn enforeement ageney who reports a lrnown orsttspeeted instanee of elder or dependent adtllt abtlse shaHbe eiviHyor eriminalry liable for any report reqttired or attthorizedby thisartiele Any other peIson reporting a lrnOWfior stlspeeted instaneeof elder or dependeItt adttIt abtlse shall not inettr ei vil or eriminalliability as a restllt of any report attthorizedby this artiele ttnlessit ean be pro ven that a false report was made and the person knewthat the report vvasrelse gteJoperson reqtlired to make a reportptlrstlant to this artiele or any person taking photographs at his orher diseretion shall inettr any eivii or eriminalliability fer takingphotographs of a stlspeeted vietim of elder or dependent adtlltabtlse or eattsing photographs to be taken of the stlspeeted vietimor fOIdisseminating the photographs with the reports reqtlired bythis artiele However this seetion shall not be eonstmed to gIantimmttnity from this liability vvithrespeet to any other tlse of thephotographs

(b) No eMe etlstodian el~ member health praetitioner oremployee of an adtlIt proteetive seniees ageney or a loea-l lawenfereemeItt ageney who pttrsttant to a reqtlest from an adttltproteeti-ie seniees ageney or a loeal lavI enforeemeItt ageneyinvestigating a report of lrnOViftor stlspeeted elder or dependentadtllt abtlse proides the reqtlesting ageney with aeeess to thevietim of a lrnovvnor stlspeeted instanee of elder or dependeIttadttlt abtlse shall inettr eiviI or eriminal liability as a restlIt ofpro viding that aeeess

ee) The Legislatttre finds that even thOtlgh it has pIOvidedimmtlnity from liability to peIsons reqtlired to report elder ordependent mit abttse immtlIlity does not eliminate the possibilitythat aetions may be brotlght agamst those persons based tlJ0nreqtlired reports of abtlse In order to fttrther limit the finaneialhardship that those persons may inettr as a resttIt offttlfilling theirlegal responsibilities it is neeessary that they not be tlftreirlybttrdened by legal fees inetlffed in defending those aetionsTherefore a eMeetlstodian ele~ member health praetitioneror employee ofan adttlt proteetive seniees ageney or a loeallffi7t

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enfOieement agene)l ma) present to the CalifeJmia VietimCempensatien and Geemment Claims BeMd a elaim feJrreasenable atteme)s fees inetJifedin any aetien agffinstthat persenen the basis efmMcinga repert reqtlired er attth6rizedb)l this Mtieleif the eeM has dismissed the aetien t1pen a demtlffer el metienfur sttmillM)lj tldgment made b that persen el ifhe er she preailsin the aetien The Califumia Vietim Cempensatien andGeemment Claims Beard shall allew that ehtim if thereqtlirements ef this sttbdi isien Me met and the elaim shall bepaid fl6man fllprepriatien te be made fur that ptllpese Atteme) sfees aarded ptliStlMltto this seetien shall net exeeedan hetlilyrate greater than the late eharged b the Attemey General at thetime the aard is made and sh8llnet exeeedan aggregate amettllteffitty thetlsanBdellMs ($50000) This sttbdF isien shall net applyif a pttblie enti) has pmbullided fer the defense ef the aetien ptlistlantte Seetien 995 ef the Ge emment Cede

(6) This seetien shall beeeme eperatie en JMttlM)12013SEC 7 Section 15640 of the Welfare and Institutions Code

as amended by Section 9 of Chapter 140 of the Statutes of2005is amended to read

15640 (a) (1) An adult protective services agency shallimmediately or as soon as practically possible report by telephoneto the law enforcement agency having jurisdiction over the caseany known or suspected instance of criminal activity and to anypublic agency given responsibility for investigation in thatjurisdiction of cases of elder and dependent adult abuse everyknown or suspected instance of abuse pursuant to Section 15630or 156301 of an elder or dependent adult A county adult protectiveservices agency shall also send a written report thereof within twoworking days of receiving the information concerning the incidentto each agency to which it is required to make a telephone reportunder this subdivision Prior to making any cross-report ofallegations of financial abuse to law enforcement agencies anadult protective services agency shall first determine whether thereis reasonable suspicion of any criminal activity

(2) If an adult protective services agency receives a report ofabuse alleged to have occurred in a long-term care facility thatadult protective services agency shall immediately inform theperson making the report that he or she is required to make thereport to the long-term care ombudsman program or to a local law

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enforcement agency The adult protective services agency shallnot accept the report by telephone but shall forward any writtenreport received to the long-term care ombudsman

(b) If an adult protective services agency or local lawenforcement agency or ombudsman program receiving a report ofknown or suspected elder or dependent adult abuse determinespursuant to its investigation that the abuse is being committed bya health practitioner licensed under Division 2 (commencing withSection 500) of the Business and Professions Code or any relatedinitiative act or by a person purporting to be a licensee the adultprotective services agency or local law enforcement agency orombudsman program shall immediately or as soon as practicallypossible report this information to the appropriate licensingagency The licensing agency shall investigate the report in lightof the potential for physical harm The transmittal of informationto the appropriate licensing agency shall not relieve the adultprotective services agency or local law enforcement agency orombudsman program of the responsibility to continue its owninvestigation as required under applicable provisions of law Theinformation reported pursuant to this paragraph shall remainconfidential and shall not be disclosed

(c) A local law enforcement agency shall immediately or assoon as practically possible report by telephone to the long-termcare ombudsman program when the abuse is alleged to haveoccurred in a long-term care facility or to the county adultprotective services agency when it is alleged to have occurredanywhere else and to the agency given responsibility for theinvestigation of cases of elder and dependent adult abuse everyknown or suspected instance of abuse of an elder or dependentadult A local law enforcement agency shall also send a writtenreport thereof within two working days of receiving the informationconcerning the incident to any agency to which it is required tomake a telephone report under this subdivision

(d) A long-term care ombudsman coordinator may report theinstance of abuse to the county adult protective services agencyor to the local law enforcement agency for assistance in theinvestigation of the abuse if the victim gives his or her consent Along-term care ombudsman program and the Licensing andCertification Division ofthe State Department ofIIealth SeI ieesPublic Health shall immediately report by telephone and in writing

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1 within two working days to the bureau any instance of neglect2 occurring in a health care facility that has seriously harmed any3 patient or reasonably appears to present a serious threat to the4 health or physical well-being of a patient in that facility If a victim5 or potential victim of the neglect withholds consent to being6 identified in that report the report shall contain circumstantial7 information about the neglect but shall not identify that victim or8 potential victim and the bureau and the reporting agency shall9 maintain the confidentiality of the report until the report becomes

lOa matter of public record11 (e) When a county adult protective services agency a long-term12 care ombudsman program or a local law enforcement agency13 receives a report of abuse neglect or abandonment of an elder or14 dependent adult alleged to have occurred in a long-term care15 facility that county adult protective services agency long-term16 care ombudsman coordinator or local law enforcement agency17 shall report the incident to the licensing agency by telephone as18 soon as possible19 (f) County adult protective services agencies long-term care20 ombudsman programs and local law enforcement agencies shall21 report the results of their investigations of referrals or reports of22 abuse to the respective referring or reporting agencies23 Eg) This seeti6n shall remain in dIcet 6ny tlfttilJ~ 1201324 and as 6f that date is repealed unless a later enaeted stMttte that25 is enaeted bef6re Janttary 12013 deletes 6r extends that date26 SEC 8 Section 15640 of the Welfare and Institutions Code27 as added by Section 10 of Chapter 140 of the Statutes of 2005 is28 repealed 29 15640 Ea) E1) An adult pr6teeti e sen iees ageney shall30 immediate) 6r as S66nas praetieal) p6ssible rep6rt 0 te1eph6ne31 t6 the la~ enf6reement ageney haing jttrisdieti6n 6er the ease32 an kntMfl6r suspeeted instanee 6f eriminal aeth it) and t6 any33 pttblie agene gien resp6nsibilit) f6r illestigMi6n in that34 jurisdieti6n 6f eases 6f elder and dependent adttlt abuse eery35 kfl6n6r suspeeted instanee 6f aetlse purstlant t6 Seeti6n 1563036 6f an elder 6r dependent adttlt A e6t11ltyadttlt pr6teeti e sen iees37 ageney shall als6 send a TV ritten rep6rt there6f Vv ithin ti 6 V 6rking38 days 6f reeeiving the inwrmati6n e6neeming the ineident t6 eaeh39 ageney t6 vv hieh it is reqtlired t6 make a teleph6ne Iep6rt tlftder40 this subdiisi6n Pri6r t6 making an er6SSIep6rt 6f allegati6ns

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offilumeial abttse to lavvenforeemertt a-geneiesMladult proteetFesen iees agene) shaH first determine whether there is reasonablesuspieion of tmJ eriminM aeti vit

(2) If an adult proteeti ve sen iees agene) reeei ves a report ofabttse alleged to ha ve oeettlTed in a long teml eare faeilit) thatadttlt proteeti ve sen iees ageney shall immediate) infoml theperson making the report that he or she is required to make thereport to the long term eare ombttdsman program 01 to aloeallawenforeemertt a-geneyThe adttlt proteeti ve sen iees agene) shallnot aeeept the report b) telephone btlt shall fonvMd flit) vvTittenreport leeehed to the long teml eare ornbtldsman

(b) If an adtllt proteetive seniees ageney or loeal lawenforeement agene) or ornbtldsman program reeei vinga report ofkftovm or stlspeeted elder or dependent adttlt MtlSe determinespttrstlartt to its inYestigationthat the flbttseis being eommitted bya health 11aetitioner lieensed tlftder Division 2 (eonJffieneingwithSeetion 500) of the Btlsiness flftdProfessions Code or flit) lelatedinitiatiye aet or by a person ptlrporting to be a lieensee the adtlltproteetive seniees a-gene) or loeallaw enforeement agene) orombttdsman program shall immediate) or as soon as praetieall)possible report this mformation to the appropriate lieensingagene) The lieensing agene) shall investigate the report in lightof the poterttial fur ph) sieal hamlThe trMlsmittfllof informationto the appropriate lieensing agene) shall not relieve the adtlltproteethe serviees agene) or loeallaw enforeement agene) orornbtldsmflft program of the responsibility to eorttinue its 0~vninvestigation as reqttired tlftder applieable provisions of law Theinformation reported pttrstlant to this paragraph shall remaineoniiderttial flItdshfl11not be diselosed

(e) A loealla bullbull enforeement agefte) shall immediate) or assoon as praetieal) possible report b) telephone to the long termeare ombtldsman program bullbullhen the abtlse is alleged to haveoeetllTed in a long term eare faeilit) or to the eotlnt) adttltproteetive seniees agene) bullbullhen it is alleged to have oeeUlfedan) vvhere else flftd to the agene) gh en responsibilit) for theinvestigation of eases of elder and dependent adttlt abtlse everykftovm or stlspeeted instflftee of MtlSe of an elder or dependerttadttlt A loeallaw enforeement ageney shall also send a Ylfittenreport thereof bullbullithin ftv0 vvorking dfl)s ofreeei ving the infomlation

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AB518 -22-

eoneeming the ineident to an agenC) to vvhieh it is reqtlired toftutke a telephone report tlIlderthis stlbdh ision

Ed) A long tenn eare ombttdsman eoordinator mll) report theinstlllleeof abtlse to the eot1llryadttlt proteetive seniees ageneyor to the loeal la bullbull enforeement agenC) for assistlllleein theinvestigationof the abttse if the vietim gives his or her eonsent Along tenn eMe ombtldsmllllprogram llIldthe Lieensing llIldCertifieation Division of the State DepMtment ofIIealth Senieesshall immediately report b telephone llIldin vvriting vvithin hiv0tv orkingdll) s to the bm eatl an instlllleeof negleet oeet1ffingin ahealth eare faeiliry that has seriotlsl hMmed an patient orreasonably appeMs to present a seriotls threat to the health orph sieal vvell being of a patient in that ffteiliry If a J ietim orpotential TV ietim of the neglect vithholds eonsent to being identifiedin that report the report shall eontain eirettmstlllltialinformationabom the negleet bm shall not identif) that vietim or potentialvietim and the bttreatl llIldthe reporting agenC) shall maintain theeoniidentialiry of the report tlntil the report beeomes a matter ofptlblie reeord

Ee) hen a eotlllryadttlt proteeti ve sen iees agenC) a long termeare ombtldsman program or a loeal la enforeement ageneyreeeives a report ofabttse negleet or ablllldonmentofllllelder ordependent adttlt alleged to have oeet1ffedin a long term earefaeiliry that eotlnty adtllt proteeti ve sen iees agenC) long termeare ombtldsmlllleoordinator or loeallavv enforeement ageneyshall report the ineident to the lieensing agene b telephone assoon as possible

ED COtl1lt)adtllt proteetive seniees ageneies long term eareombttdsman programs and 10ea1lavvenforeement ageneies shallreport the restllts of their investigations of referrals or reports ofabtlse to the respeetive referring or reporting ageneies

Eg) This seetion shall beeome operative on JllIlt1flry12013SEC 9 Section 156555 of the Welfare and Institutions Code

as amended by Section 11 of Chapter 140 of the Statutes of 2005is amended to read

156555 A county adult protective services agency shallprovide the organizations listed in paragraphs (v) (w) and (x) ofSection 1561017 and mandated reporters of suspected financialabuse of an elder or dependent adult pursuant to Section 156301with instructional materials regarding abuse and neglect of an elder

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1 or dependent adult and their obligation to report under this chapter2 At a minimum the instructional materials shall include the3 following4 (a) An explanation of abuse and neglect of an elder or dependent

adult as defined in this chapter6 (b) Information on how to recognize potential abuse and neglect7 of an elder or dependent adult8 (c) Information on how the county adult protective services9 agency investigates reports of known or suspected abuse and

neglect11 (d) Instructions on how to report known or suspected incidents12 of abuse and neglect including the appropriate telephone numbers13 to call and what types of information would assist the county adult14 protective services agency with its investigation of the report

(e) This seetion shall remain in eifcet only tlfttil Jflfttlttry 1 201316 and as of that date is repealed tmless a later enaeted stattlte that17 is enaeted before Jafttlttry 12013 deletes or extends that date18 SEC 10 Section 156555 of the Welfareand Institutions Code19 as amended by Section 712 of Chapter 538 of the Statutes of2006

is repealed21 156555 A eottftt) achtlt proteetive serviees agene) shall22 pmvide the organi2ations listed in paragraphs (v) (vv) and Ex) of23 Seetion 1561017 with instItletional materials regarding elder and24 dependent achtlt abtlse and negleet and their obligation to report

under this ehapter At a minimum the instruetional materials shall26 inelude the follovving27 (a) An explanation of elder and dependent achtlt abuse and28 negleet as defined in this ehapter29 (b) Information on how to reeogni2e potential elder and

dependent achtlt abuse and negleet31 (e) Information on ho vIthe eottftt) achtlt proteeti ve serv iees32 agene) investigates reports of knovm or suspeeted abuse and33 negleet34 (d) Instmetions on hovv to report ]movvn or suspeeted ineidents

of abuse and negleet ineltlding the appropriate telephone llt11llbers36 to eall and what rypes of information vvould assist the eount) adult37 proteetirv e sen iees agene) with its in (estigation of the report38 (e) This seetion shall beeome operati e on January I 20 13

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AB 608 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 608Pan

Health care coverage telemedicine

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to health care

httpwww1eginfocagovpubII-12Ibillasmab_0601-0650ab _608_ bill_ 20120201_status 652012

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AB 783 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 783AUTHOR(S) HayashiTOPIC Professional corporations licensed physical therapists

and occupational therapists+LAST AMENDED DATE 04072011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

COMMCOMMCOMM

HIST ACT DATEHIST ACTION

From committeeRule 62(a)

LOCATION SENACTION DATEACTION

06282011In committee Set second hearing Failed passagewithout further action pursuant to Joint

LASTLAST

BUSINESS PROFESSIONS AND ECONOMIC DEVELOPMENT06272011

Set second hearing Failed passage in Committee

TITLE An act to amend Section 2406 of the Business andProfessions Code and to amend Section 134015 of theCorporations Code relating to professional corporations

httpwwwleginfocagovpub11-12billasmab_0751-0800ab_783_bill_20111115_status 652012

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AMENDED IN ASSEMBLY APRIL 7 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 783

Introduced by Assembly Member Hayashi

February 172011

An act to amend Section 2406 of the Business and Professions Codeand to amend Section 134015 of the Corporations Code relating toprofcssiemal eorporations and deelaring the mgeney thereof to tttkeeffeet immediatelyprofessional corporations

LEGISLATIVE COUNSELS DIGEST

AB 783 as amended Hayashi Professional corporations licensedphysical therapists and occupational therapists

Existing law regulating professional corporations provides that certainhealing arts practitioners may be shareholders officers directors orprofessional employees of a medical corporation-er-a podiatric medicalcorporation or a chiropractic corporation subject to certain limitations

This bill would add licensed physical therapists and licensedoccupational therapists to the list of healing arts practitioners who maybe shareholders officers directors or professional employees of thosecorporations The bill would also make conforming changes to a relatedprovision

This bill vv otlld deelare that it is to take etteet immediately as anmgeney statttte

Vote -majority Appropriation no Fiscal committee noState-mandated local program no

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Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 2406 of the Business and Professions2 Code is amended to read3 2406 A medical corporation or podiatry corporation is a4 corporation that is authorized to render professional services as

defined in Sections 13401 and 134015 ofthe Corporations Code6 so long as that corporation and its shareholders officers directors7 and employees rendering professional services who are physicians8 and surgeons psychologists registered nurses optometrists9 podiatrists chiropractors acupuncturists naturopathic doctors

physical therapists or in the case of a medical corporation only11 physician assistants marriage and family therapists or clinical12 social workers are in compliance with the Moscone-Knox13 Professional Corporation Act the provisions of this article and all14 other statutes and regulations now or hereafter enacted or adopted

pertaining to the corporation and the conduct of its affairs16 With respect to a medical corporation or podiatry corporation17 the governmental agency referred to in the Moscone-Knox18 Professional Corporation Act is the board19 SEC 2 Section 134015 of the Corporations Code is amended

to read21 134015 Notwithstanding subdivision (d) of Section 1340122 and any other provision of law the following licensed persons23 may be shareholders officers directors or professional employees24 of the professional corporations designated in this section so long

as the sum of all shares owned by those licensed persons does not26 exceed 49 percent ofthe total number of shares of the professional27 corporation so designated herein and so long as the number of28 those licensed persons owning shares in the professional29 corporation so designated herein does not exceed the number of

persons licensed by the governmental agency regulating the31 designated professional corporation32 (a) Medical corporation33 (1) Licensed doctors of podiatric medicine34 (2) Licensed psychologists

(3) Registered nurses36 (4) Licensed optometrists37 (5) Licensed marriage and family therapists38 (6) Licensed clinical social workers

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-3-

(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists(10) Naturopathic doctors(11) Licensed physical therapists(12)Licensed occupational therapists(b) Podiatric medical corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed optometrists(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(8) Licensed physical therapists(9) Licensed occupational therapists(c) Psychological corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Registered nurses(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed chiropractors(8) Licensed acupuncturists(9) Naturopathic doctors(d) Speech-language pathology corporation(1) Licensed audiologists(e) Audiology corporation(1) Licensed speech-language pathologists(t) Nursing corporation(l) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists

AB783

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(10) Naturopathic doctors(g) Marriage and family therapy corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed clinical social workers(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(h) Licensed clinical social worker corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed marriage and family therapists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(i) Physician assistants corporation(1) Licensed physicians and surgeons(2) Registered nurses(3) Licensed acupuncturists(4) Naturopathic doctorsG) Optometric corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(k) Chiropractic corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed acupuncturists(9) Naturopathic doctors

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-5- AB783

(10) Licensed physical therapists(11) Licensed occupational therapists(l) Acupuncture corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed physician assistants(9) Licensed chiropractors(10) Naturopathic doctors(m) Naturopathic doctor corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed physician assistants(5) Licensed chiropractors(6) Licensed acupuncturists(7) Licensed physical therapists(8) Licensed doctors of podiatric medicine(9) Licensed marriage family and child counselors(10) Licensed clinical social workers(11) Licensed optometrists(n) Dental corporation(1) Licensed physicians and surgeons(2) Dental assistants(3) Registered dental assistants(4) Registered dental assistants in extended functions(5) Registered dental hygienists(6) Registered dental hygienists in extended functions(7) Registered dental hygienists in alternative practiceSEC 3 This aet is Ml ttrgene statttte neeessary for the

immediatepresenation of the ptlblie peaee hettlihor saferyvvithinthe meMling of Miele IV of the Constittttion Mld shaHgo intoimmediate effeet The fftets eonstitttting the neeessiry Me

In order to 8t1thorizelieensed physieal therapists to beshareholders offieers mreetors or professional employees of

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AD7S3 -6-

1 memeal eorpofatiofts andpodiatrie medieal eorpofatiofts as soOft2 as possible it is fteeessary that this aet tftke dIeet immediately

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AB 800 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 800Huber

Boards and commissions time reporting

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to add Section 1156410 to the Government Coderelating to boards and commissions

httpwwwleginfocagovpubI11-12billasmlab_0751-0800ab _800_ bill_20120201_status 652012

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AB 958 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 958Bill Berryhill

Regulatory boards limitations periods

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to Art IV Sec 10(e) of theFrom committee Filed with the Chiefto Joint Rule 56BUSINESS PROFESSIONS AND CONSUMER PROTECTION

TITLE An act to add Section 1105 to and to repeal Sections16702 22305 296005 3137 375051 498205499032 5561 5661 76865 988420 and 98898 of theBusiness and Professions Code relating to regulatoryboards

httpwwwleginfocagovpub11-12lbillasmlab_0951-1 OOOab_958 _bill_ 20120202_ status 652012

AB 1003 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 1003Smyth

Professional and vocational licenses

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to professional and vocational licenses

httpwwwleginfocagovpubll-12Ibillasmlab_l00l-l 050ab_1003 _bill_2012020 I_statu 652012

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AB 1205 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1205AUTHOR(S) Bill BerryhillTOPIC Licensed behavior analysts+LAST AMENDED DATE 04042011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to amend Section 499018 of and to add Chapter52 (commencing with Section 252971) to Division 2 ofthe Business and Professions Code relating to healingarts

httpwwwleginfocagovpub11-12billasmab _120 1-1250ab_1205 _bill_20 120201_statu 652012

AB 1435 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1435AUTHOR(S) Dickinson (Coauthors Alejo Buchanan and Hill) TOPIC Child abuse reporting athletic personnelHOUSE LOCATION SEN+LAST AMENDED DATE OS252012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredState-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS for

LASTLAST

APPROPRIATIONSOS252012

Do pass as amendedAyes 17 Noes OOPASS

TITLE An act to amend Section 111657 of the Penal Coderelating to child abuse reporting

httpwww1eginfocagovpub11-12lbiIVasmab_140 1-1450ab _1435 _bill~0120601_statu 652012

AMENDED IN ASSEMBLY MAY 25 2012

AMENDED IN ASSEMBLY MARCH 21 2012

AMENDED IN ASSEMBLY MARCH 142012

AMENDED IN ASSEMBLY FEBRUARY 29 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1435

Introduced by Assembly Member Dickinson(Coauthors Assembly Members Alejo Buchanan and Hill)

January 4 2012

An act to amend Section 111657 of the Penal Code relating to childabuse reporting

LEGISLATIVE COUNSELS DIGEST

AB 1435 as amended Dickinson Child abuse reporting athleticpersonnel

Existing law the Child Abuse and Neglect Reporting Act requiresa mandated reporter as defined to report whenever he or she in his orher professional capacity or within the scope of his or her employmenthas knowledge of or observed a child whom the mandated reporterknows or reasonably suspects has been the victim of child abuse orneglect Failure to report an incident is a crime punishable byimprisonment in a county jail for a period of up to 6 months a fine ofup to $1000 or by both that imprisonment and fine

This bill would add athletic coaches athletic administrators andathletic directors employed by a public or private organization to thelist of individuals who are mandated reporters The bill otlld reqtlirean ptlblie or pri v ate orgflftizationernplo ing flftathletieeoaen Mhletie

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AB 1435 -2-

ftdministrator or Mhletie direetor to hftve provided initiftl trftining byJflfttlM) I 2014 on speeified mfttters relMing to ehiM a-bttse ftftdnegleetfor those employees On ftftd ftfter lftnuftry 12014 the bill vvottld reeJtlireinitiftl trftining to be pro vided IV ithin 6 months of the dMe ftn indi vidttftlbeeomes employed in thM eftlfteiry The bill vvouM require theseindividuftls to eomplete eontifttling tminmg every 2 yeMs

By imposing the reporting requirements on a new class of personsfor whom failure to report specified conduct is a crime ftftdby imposingne~ trftining reeJtlirements on publie oIgftfiiZMions ineluding loeftlgOvernment entities this bill would impose a state-mandated localprogram

The Cftlifomift Constittltion reqtlires the stMe to reimbtlfse loeftlftgeneies ftnd sehool distriets for eertftin eosts mftftdMed by the stftteStftttltory pItYvisions esffiblish proeedtlfes for mftkffigthftt reimbtlfsement

This bill hould pro vide thM 4vith regMd to eertftin mftftdfttes noIeimbtlfsement is reeJtlired by this ftet for ft speeified reftson

Vith regftM to ftny other mftndMeS this bill vv0tlM pro vide thM if theCommission on StMe ~bndtltes determines thM the bill eontftins eostsso mftndftted by the stftte reimbttIsement for those eosts shftll be mftdeptlfStlftnt to the stftttltory pro visions noted ttbo ve

The California Constitution requires the state to reimburse localagencies and school districts for certain costs mandated by the stateStatutory provisions establish procedures for making thatreimbursement

This bill would provide that no reimbursement is required by this actfor a specified reason

Vote majority Appropriation no Fiscal committee yesState-mandated local program yes

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 111657 of the Penal Code is amended2 to read3 111657 (a) As used in this article mandated reporter is4 defined as any of the following5 (1) A teacher6 (2) An instructional aide7 (3) A teachers aide or teachers assistant employed by any8 public or private schooL9 (4) A classified employee of any public schooL

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1 (5) An administrative officer or supervisor of child welfare and2 attendance or a certificated pupil personnel employee of any public3 or private school4 (6) An administrator of a public or private day camp

(7) An administrator or employee of a public or private youth6 center youth recreation program or youth organization7 (8) An administrator or employee of a public or private8 organization whose duties require direct contact and supervision9 of children

(9) Any employee of a county office of education or the State11 Department of Education whose duties bring the employee into12 contact with children on a regular basis13 (10) A licensee an administrator or an employee of a licensed14 community care or child day care facility

(11) A Head Start program teacher16 (12) A licensing worker or licensing evaluator employed by a17 licensing agency as defined in Section 111651118 (13) A public assistance worker19 (14) An employee of a child care institution including but not

limited to foster parents group home personnel and personnel of21 residential care facilities22 (15) A social worker probation officer or parole officer23 (16) An employee of a school district police or security24 department

(17) Any person who is an administrator or presenter of or a26 counselor in a child abuse prevention program in any public or27 private school28 (18) A district attorney investigator inspector or local child29 support agency caseworker unless the investigator inspector or

caseworker is working with an attorney appointed pursuant to31 Section 317 of the Welfare and Institutions Code to represent a32 mmor33 (19) A peace officer as defined in Chapter 45 (commencing34 with Section 830) of Title 3 of Part 2 who is not otherwise

described in this section36 (20) A firefighter except for volunteer firefighters37 (21) A physician and surgeon psychiatrist psychologist dentist38 resident intern podiatrist chiropractor licensed nurse dental39 hygienist optometrist marriage and family therapist clinical social

worker professional clinical counselor or any other person who

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AB 1435 -4-

is currently licensed under Division 2 (commencing with Section500) of the Business and Professions Code

(22) Any emergency medical technician I or II paramedic orother person certified pursuant to Division 25 (commencing withSection 1797) of the Health and Safety Code

(23) A psychological assistant registered pursuant to Section2913 of the Business and Professions Code

(24) A marriage and family therapist trainee as defined insubdivision (c) of Section 498003 of the Business and ProfessionsCode

(25) An unlicensed marriage and family therapist internregistered under Section 498044 of the Business and ProfessionsCode

(26) A state or county public health employee who treats a minorfor venereal disease or any other condition

(27) A coroner(28) A medical examiner or any other person who performs

autopsies(29) A commercial film and photographic print processor as

specified in subdivision (e) of Section 11166 As used in thisarticle commercial film and photographic print processor meansany person who develops exposed photographic film into negativesslides or prints or who makes prints from negatives or slides forcompensation The term includes any employee of such a personit does not include a person who develops film or makes prints fora public agency

(30) A child visitation monitor As used in this article childvisitation monitor means any person who for financialcompensation acts as monitor of a visit between a child and anyother person when the monitoring of that visit has been orderedby a court of law

(31) An animal control officer or humane society officer Forthe purposes ofthis article the following terms have the followingmeanings

(A) Animal control officer means any person employed by acity county or city and county for the purpose of enforcing animalcontrol laws or regulations

(B) Humane society officer means any person appointed oremployed by a public or private entity as a humane officer who is

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-5- AB 1435

qualified pursuant to Section 14502 or 14503 of the CorporationsCode

(32) A clergy member as specified in subdivision (d) of Section11166 As used in this article clergy member means a priestminister rabbi religious practitioner or similar functionary of achurch temple or recognized denomination or organization

(33) Any custodian of records of a clergy member as specifiedin this section and subdivision (d) of Section 11166

(34) Any employee of any police department county sheriffsdepartment county probation department or county welfaredepartment

(35) An employee or volunteer of a Court Appointed SpecialAdvocate program as defined in Rule 1424 ofthe California Rulesof Court

(36) A custodial officer as defined in Section 8315(37) Any person providing services to a minor child under

Section 12300 or 123001 of the Welfare and Institutions Code(38) An alcohol and drug counselor As used in this article an

alcohol and drug counselor is a person providing counselingtherapy or other clinical services for a state licensed or certifieddrug alcohol or drug and alcohol treatment program Howeveralcohol or drug abuse or both alcohol and drug abuse is not inand of itself a sufficient basis for reporting child abuse or neglect

(39) A clinical counselor trainee as defined in subdivision (g)of Section 499912 of the Business and Professions Code

(40) A clinical counselor intern registered under Section 499942of the Business and Professions Code

(41) An athletic coach athletic administrator or athletic directoremployed by a public or private organization including but notlimited to schools and instittttions of higher e6ueation thatprovidekindergarten or any of grades 1 to 12 inclusive

(b) Except as provided in paragraph (35) of subdivision (a)volunteers of public or private organizations whose duties requiredirect contact with and supervision of children are not mandatedreporters but are encouraged to obtain training in the identificationand reporting of child abuse and neglect and are further encouragedto report known or suspected instances of child abuse or neglectto an agency specified in Section 111659

(c) Employers are strongly encouraged to provide theiremployees who are mandated reporters with training in the duties

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AB 1435 -6-

imposed by this article This training shall include training in childabuse and neglect identification and training in child abuse andneglect reporting Whether or not employers provide theiremployees with training in child abuse and neglect identificationand reporting the employers shall provide their employees whoare mandated reporters with the statement required pursuant tosubdivision (a) of Section 111665

(d) School districts that do not train their employees specifiedin subdivision (a) in the duties of mandated reporters under thechild abuse reporting laws shall report to the State Department ofEducation the reasons why this training is not provided

(e) Unless otherwise specifically provided the absence oftraining shall not excuse a mandated reporter from the dutiesimposed by this article

(f) Public and private organizations are encouraged to providetheir volunteers whose duties require direct contact with andsupervision of children with training in the identification andreporting of child abuse and neglect

(g) (1) On 6r befure Jttmtary 1 2014 ttll) pttblie 6r privflie6rganizttti6ftemp16ing ttft Mhletie e6tteh Mhletie ttdmimstrltt6r6r Mhletie direet6r ttSspeeified ift pMttgrttph (41) 6f sttbdivisi6ft(tt) shttll pr6 vide iftitittl trttining f6r th6se empl~ ees 6n thefull6vvingmtttters

(A) The identifiettti6n 6f ehild ttbttse ttnd negleet(D) Aeti vities thttt e6ftstitttte inltppr6prittte ttftd illegttl e6ntttet

betiveen tt 6tlth ltftd ltft ttthietie e6tteh Mhletie ttdmiftistrttt6r 6rttthietie direet6r

(6) The resp6nsibilities 6f tt pers6n identified lIStt mttndfliedrep6rter in this seeti6n ineIttding btl ft6t limited t6 ttll 6f thefull6 vving

(i) T6 ~h6m tt rep6rt is reqtlired t6 be mttde(ii) The inf6rmttti6n thttt is reqttired t6 be ifte1ttdedin tt rep6rt(iii) The time vvithiftvvhieha mandated rep6rter is reqttired t6

file tt rep6rt(2) Initittl training shall be pr6vided b perS6ftSkn6vvledgeltble

ift the identifiettti6n 6fehild aettse ttnd negleet inltppf6prittte ltftdillegal e6ntaet bem eena 6ttth and ltftadttIt ltftdstatttt6ry rep6rtingreqttiremeftts ltftdshttll e6nsist 6ftw6 h6ttrs 6felassr66m 6r 6therinteraetive trainiftg ltftdedttettti6n

95

-7- AB 1435

1 (h) Commeneing on fmd aftel Jfmtlftry12014 fmofgfmization2 speeified in sttbdivision (g) shaHpro ide initial training within six3 months of the date that fm individtutl beeomes empleryed as an4 Mhletie eoaeh athletie administrator or athletie direetor ttnless5 the indi idttal reeei ed training Hithin tw0 years prior to the date6 the indi idtlal is empleryed An Mhletie eoaeh athletie7 administrator or athletie direetor Hho has leeeied initial training8 ptlfStlafttto sttbdiision (g) shall eomplete eontifttling training9 thereafter onee eery two years eonsisting of one hottf of

10 elassroom or other interaeti e training fmd edtteation11 SEC 2 No reimbtlrsement is reqtlired by this aet pttfStlafttto12 Seetion 6 ofArtiele )GIlD of the California Constitution for eertain13 eosts that may be inetllTed by a loeal ageney or sehool distriet14 beeatlse ift that regard this aet ereates a nev erime or infraetion15 eliminates a erime or infraetion or ehfmges the penalty fOfa erime16 or inflaetion Hithin the meaning of Seetion 17556 of the17 Goemment Code or ehanges the definition ofa elime Hithin the18 meaning of Seetion 6 of Aniele XIII D of the Califomia19 Constitution20 IIo~eer if the Commission on State Mfmdates determines that21 this aet eontainsother eosts mfmdated by the state reimbttfsement22 to loeal ageneies fmd sehool distliets for those eosts shall be made23 ptlfStlafttto Part 7 (eommeneing Hith Seetion 17500) of Division24 4 of Title 2 of the Goemment Code25 SEC 2 No reimbursement is required by this act pursuant to26 Section 6 of Article XIII B of the California Constitution because27 the only costs that may be incurred by a local agency or school28 district will be incurred because this act creates a new crime or29 infraction eliminates a crime or infraction or changes thepenalty30 for a crime or infraction within the meaning of Section 17556 of31 the Government Code or changes the definition of a crime within32 the meaning of Section 6 of Article XIII B of the California33 Constitution

o

95

AB 1904 Assembly Bill Status

MEASURE AUTHOR(S)TOPIC

HOUSE

CURRENT BILL STATUS

AB No 1904Block Butler and

Professions and vocationslicenses

LOCATION

Cookmilitary spouses temporary

TYPE OF BILL

SEN

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyAppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpub11-12billasmab _1901-1950ab _1904_ bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes Noes OOPASS17

An act to add Section 1155 to the Business andProfessions Code relating to professions and vocationsand making an appropriation therefor

-

AB 1588 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1588AUTHOR(S) Atkins (Principal coauthors Cook and Nielsen)

(Coauthors Block Beth Gaines Pan V Manuel PerezWilliams and Yamada)

TOPIC Professions and vocations reservist licensees fees andcontinuing education

HOUSE LOCATION SEN+LAST AMENDED DATE 03052012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS forLAST

LAST

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

TITLE An act to add Section 1143 to the Business andProfessions Code relating to professions and vocations

htlpllwwwleginfocagovpubll-12Ibillasmlab _1551-1600ab _1588 _bill_20120601_statu 652012

middot

AMENDED IN ASSEMBLY MARCH 5 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1588

Introduced by Assembly Member Atkins(Principal coauthors Assembly Members Cook and Nielsen)

(Coauthors Assembly Members Block Beth Gaines PanV Manuel Perez Williams and Yamada)

February 6 2012

An act to add Section 1143 to the Business and Professions Coderelating to professions and vocations

LEGISLATIVE COUNSELS DIGEST

AB 1588 as amended Atkins Professions and vocations reservistlicensees fees and continuing education

Existing law provides for the regulation of various professions andvocations by boards commissions or bureaus within the Departmentof Consumer Affairs and for the licensure or registration of individualsin that regard Existing law authorizes any licensee whose licenseexpired while he or she was on active duty as a member of the CaliforniaNational Guard or the United States Armed Forces to reinstate his orher license without examination or penalty if certain requirements aremet

This bill would require the boards commissions or bureaus describedabove to waive the renewal fees and continuing education requirementsif either is applicable of any licensee or registrant who is a reservistcalled to active duty as a member of the United States Military Reserveor the California National Guard if certain requirements are met

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

98

AB 1588 -2-

Thepeople of the State of Califomi a do enact asfollows

1 SECTION 1 Section 1143 is added to the Business and2 Professions Code to read3 1143 Notwithstanding any other provision oflaw everyboard4 commission or bureau within the department shall waive the5 renewal fees and continuing education requirements if either is6 applicable for any licensee or registrant who is a reservist called7 to active duty as a member of the United States Military Reserve8 or the California National Guard if all of the following9 requirements are met

10 (a) The licensee or registrant was in good standing with the11 board commission or bureau at the time the reservist was called12 to active duty13 (b) The renewal fees or continuing education requirements are14 waived only for the period during which the reservist is on active15 duty service16 (c) The active duty reservist or the active duty reservists spouse17 or registered domestic partner provides written notice satisfactory18 to the board commission or bureau that substantiates the19 reservists active duty service

o

98

AB 1896 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1896AUTHOR(S) ChesbroTOPIC Tribal health programs health care practitionersHOUSE LOCATION SEN+LAST AMENDED DATE 03272012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATIONCOMM ACTION DATECOMM ACTIONCOMM VOTE SUMMARY

ASM

05172012Referred to Com on B P amp EDBUSINESS PROFESSIONS AND CONSUMER PROTECTION04102012

Do passAyes 09 Noes OOPASS

TITLE An act to amend the heading of Article 10 (commencingwith Section 710) of Chapter 1 of Division 2 of and toadd Section 719 to the Business and Professions Coderelating to healing arts

httpwwwleginfocagovpubI11-12lbillasmab_1851-1900ab_1896_bill_20120517 _statu 652012

-

AMENDED IN ASSEMBLY MARCH 27 2012

CALIFORNIA LEGISLATURE-20II-12 REGULAR SESSION

ASSEMBLY BILL No 1896

Introduced by Assembly Member Chesbro

February 222012

An act to amend the heading of Article 10 (commencing with Section710) of Chapter 1 of Division 2 of and to add Section 719 to theBusiness and Professions Code relating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1896 as amended Chesbro Tribal health programs health carepractitioners

Under existing federal law licensed health professionals employedby a tribal health program are required to be exempt if licensed in anystate from the licensing requirements of the state in which the tribalhealth program performs specified services A tribal health program isdefined as an Indian tribe or tribal organization that operates any healthprogram service function activity or facility funded in whole or partby the Indian Health Service

Existing law provides for the licensure and regulation of health carepractitioners by various healing arts boards within the Department ofConsumer Affairs

This bill would codify that federal requirement by specifying that aperson who is licensed as a health care practitioner in any other stateand is employed by a tribal health program is exempt from any statelicensing requirement with respect to acts authorized under thepersonslicense where the tribal health program performs specified services

Vote majority Appropriation no Fiscal committee noState-mandated local program no

98

AD 1896 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 The heading of Article 10 (commencing with2 Section 710) of Chapter 1 of Division 2 of the Business and3 Professions Code is amended to read456789

101112131415161718192021

Article 10 Federal Personnel and Tribal Health Programs

SEC 2 Section 719 is added to the Business and ProfessionsCode to read

719 (a) A person who is licensed as a health care practitionerin any other state and is employed by a tribal health program asdefined in Section 1603 of Title 25 of the United States Code shallbe exempt from any licensing requirement described in this divisionwith respect to acts authorized under the persons license wherethe tribal health program performs the services described in thecontract or compact of the tribal health program under the IndianSelf-Determination and Education Assistance Act (25 USC Sec450 et seq)

(b) For purposes of this section health care practitioner meansany person who engages in acts that are the subject of licensureor regulation under this division or Ml) initiative 8et referred to inthis division the law of any other state

o

98

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1904

Introduced by Assembly Members Block Butler and Cook

February 222012

An act to add Section 1155 to the Business and Professions Coderelating to professions and vocations and making an appropriationtherefor

LEGISLATIVE COUNSELS DIGEST

AB 1904 as introduced Block Professions and vocations militaryspouses temporary licenses

Existing law provides for the licensure and regulation of variousprofessions and vocations by boards within the Department of ConsumerAffairs Existing law provides for the issuance of reciprocal licenses incertain fields where the applicant among other requirements has alicense to practice within that field in another jurisdiction as specifiedUnder existing law licensing fees imposed by certain boards withinthe department are deposited in funds that are continuously appropriated

This bill would authorize a board within the department to issue atemporary license to an applicant who among other requirements holdsan equivalent license in another jurisdiction as specified and is marriedto or in a legal union with an active duty member of the Armed Forcesofthe United States who is assigned to a duty station in California underofficial active duty military orders The bill would require a board toexpedite the process for issuing these temporary licenses The bill wouldrequire the applicant to pay any fees required by the board and wouldrequire that those fees be deposited in the fund used by the board toadminister its licensing program To the extent that the bill would

99

AB 1904 -2-

increase the amount of money deposited into a continuously appropriatedfund the bill would make an appropriation

Vote majority Appropriation yes Fiscal committee yesState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 1155 is added to the Business and2 Professions Code to read3 1155 (a) A board within the department may issue a4 temporary license to an applicant who meets all of the following5 requirements6 (l) Submits an application in the manner prescribed by the7 board8 (2) Supplies evidence satisfactory to the board that the applicant9 is married to or in a domestic partnership or other legal union

10 with an active duty member of the Armed Forces of the United11 States who is assigned to a duty station in this state under official12 active duty military orders13 (3) Holds a current license in another state district or territory14 of the United States with the requirements that the board determines15 are substantially equivalent to those established under this code16 for that occupation17 (4) Has not committed an act in anyjurisdiction that would have18 constituted grounds for denial suspension or revocation of the19 license under this code at the time the act was committed20 (5) Has not been disciplined by a licensing entity in another21 jurisdiction and is not the subject of an unresolved complaint22 review procedure or disciplinary proceeding conducted by a23 licensing entity in another jurisdiction24 (6) Pays any fees required by the board Those fees shall be25 deposited in the applicable fund or account used by the board to26 administer its licensing program27 (7) Submits fingerprints and any applicable fingerprinting fee28 in the manner required of an applicant for a regular license29 (b) A board shall expedite the procedure for issuing a temporary30 license pursuant to this section31 (c) A temporary license issued under this section shall be valid32 for 180 days except that the license may at the discretion of the

99

-3- AB 1904

I board be extended for an additional180-day period on application2 of the license holder3 (d) A board may adopt regulations necessary to administer this4 section

o

99

AB 1932 Assembly Bill Status

MEASURE AUTHOR(S)TOPICHOUSE+LAST

CURRENT BILL STATUS

AB No 1932Gorell (Coauthor Cook)

United States armed services healing arts boardsLOCATION SENAMENDED DATE 04172012

TYPE OF BILL

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpubI11-12Ibillasmab_1901-1950ab_1932_bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

An act to add Section 7102 to the Business andProfessions Code relating to healing arts

-

AMENDED IN ASSEMBLY APRIL 172012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1932

Introduced by Assembly Member-Ceek Gorell(Coauthor Assembly Member Cook)

February 222012

An act to add Section 7102 to the Business and Professions Coderelating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1932 as amended euroook Gorell United States armed serviceshealing arts boards

Existing law provides for the licensure and regulation of varioushealing arts professions and vocations by boards within the Departmentof Consumer Affairs Existing law requires the rules and regulations ofthese healing arts boards to provide for methods of evaluating educationtraining and experience obtained in military service if such training isapplicable to the requirements of the particular profession or vocationregulated by the board Under existing law the Department of VeteransAffairs has specified powers and duties relating to various programsserving veterans

This bill would require by January 12014 and annually thereafterevery healing arts board to issue a specified written report to theDepartment of Veterans Affairs and the Legislature as specified thatclearly details the methods of evaluating the education training andexperience obtained in military service and whether that educationtraining and experience is applicable to the boards requirements forlicensure The bill would declare the intent of the Legislature in thisregard

98

AB 1932 -2-

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 710 of the Business and Professions Code2 was enacted in 1969 and because healing arts boards have not3 demonstrated significant compliance with that section it is the4 intent of the Legislature to establish an annual reporting5 requirement to compel these boards to provide information about6 the methods of evaluating education training and experience7 obtained in military service in order to meet the needs of the8 upcoming wave of armed service members returning to civilian9 life

10 SEC 2 Section 7102 is added to the Business and Professions11 Code to read12 7102 (a) By January 12014 and annually thereafter every13 healing arts board described in this division shall issue a written14 report to the Department of Veterans Affairs and to the Legislature15 that clearly details the methods of evaluating the education16 training and experience obtained in military service and whether17 that education training and experience is applicable to the boards18 requirements for licensure This written report shall include but19 not be limited to quantitative information about the number of20 service members who have applied for and have used their military21 education training and experience to fulfill the boards22 requirements for licensure23 (b) (1) The requirement to submit a report to the Legislature24 under subdivision (a) shall be inoperative on January 1 201825 pursuant to Section 102315 of the Government Code26 (2) A report to the Legislature shall be submitted in compliance27 with Section 9795 of the Government Code

o

98

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      • AGENDA ITEM 4
      • DISCUSSION AND POSSIBLE ACTION REGARDING PENDING LEGISLATION
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AB 386 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 386AUTHOR(S) GalgianiTOPIC Prisons telehealth systems+LAST AMENDED DATE 05112011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to add Section 50233 to the Penal Code relatingto prisoners

httpwww1eginfocagovpubI11-12lbillasmab_ 0351-0400ab _386_ bill_20120201_status 652012

-

AB 439 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPICHOUSE+LAST

AB No 439Skinner

Health care informationLOCATION SENAMENDED DATE 06282011

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 07052011LAST HIST ACTION In committee Set first hearing Held without

recommendationCOMM LOCATION SEN JUDICIARY

TITLE An act to amend Section 5636 of the Civil Coderelating to health care information

httpwwwleginfocagovpub11-12billasmab_0401-0450ab _439 _bill_20120509 _status 652012

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AMENDED IN SENATE JUNE 28 2011

AMENDED IN ASSEMBLY MAY 182011

AMENDED IN ASSEMBLY APRIL 7 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 439

Introduced by Assembly Member Skinner

February 142011

An act to amend Section 5636 of the Civil Code relating to healthcare information

LEGISLATIVE COUNSELS DIGEST

AB 439 as amended Skinner Health care informationExisting law the Confidentiality of Medical Information Act (CMIA)

prohibits a health care provider a contractor or a health care serviceplan from disclosing medical information as defined regarding a patientof the provider or an enrollee or subscriber of the health care serviceplan without first obtaining an authorization except as specified Inaddition to other remedies available existing law authorizes anindividual to bring an action against any person or entity who hasnegligently released his or her confidential records in violation ofthoseprovisions for nominal damages of$lOOO

This bill would specify that in an action brought on or after January1 2012 a court may not award nominal damages if the defendantestablishes specified factors as an affirmative defense including butnot limited to that it is a covered entity as defined and has compliedwith any obligations to notify persons entitled to receive notice regardingthe release of the information The bill would also make a technicalnonsubstantive change

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Vote majority Appropriation no Fiscal committee noState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 5636 of the Civil Code is amended to2 read3 5636 (a) Any violation of the provisions of this part that4 results in economic loss or personal injury to a patient is punishable5 as a misdemeanor6 (b) In addition to any other remedies available at law any7 individual may bring an action against any person or entity who8 has negligently released confidential information or records9 concerning him or her in violation of this part for either or both

10 of the following11 (1) Except as provided in subdivision (e) nominal damages of12 one thousand dollars ($1000) In order to recover under this13 paragraph it shall not be necessary that the plaintiff suffered or14 was threatened with actual damages15 (2) The amount of actual damages if any sustained by the16 patient17 (c) (l) In addition any person or entity that negligently18 discloses medical information in violation of the provisions of this19 part shall also be liable irrespective of the amount of damages20 suffered by the patient as a result of that violation for an21 administrative fine or civil penalty not to exceed two thousand22 five hundred dollars ($2500) per violation23 (2) (A) Any person or entity other than a licensed health care24 professional who knowingly and willfully obtains discloses or25 uses medical information in violation of this part shall be liable26 for an administrative fine or civil penalty not to exceed twenty-five27 thousand dollars ($25000) per violation28 (B) Any licensed health care professional who knowingly and29 willfully obtains discloses or uses medical information in violation30 of this part shall be liable on a first violation for an administrative31 fine or civil penalty not to exceed two thousand five hundred32 dollars ($2500) per violation or on a second violation for an33 administrative fine or civil penalty not to exceed ten thousand34 dollars ($10000) per violation or on a third and subsequent35 violation for an administrative fine or civil penalty not to exceed

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twenty-five thousand dollars ($25000) per violation Nothing inthis subdivision shall be construed to limit the liability of a healthcare service plan a contractor or a provider of health care that isnot a licensed health care professional for any violation of thispart

(3) (A) Any person or entity other than a licensed health careprofessional who knowingly or willfully obtains or uses medicalinformation in violation of this part for the purpose of financialgain shall be liable for an administrative fine or civil penalty notto exceed two hundred fifty thousand dollars ($250000) perviolation and shall also be subject to disgorgement of any proceedsor other consideration obtained as a result of the violation

(B) Any licensed health care professional who knowingly andwillfully obtains discloses or uses medical information in violationofthis part for financial gain shall be liable on a first violation foran administrative fine or civil penalty not to exceed five thousanddollars ($5000) per violation or on a second violation for anadministrative fine or civil penalty not to exceed twenty-fivethousand dollars ($25000) per violation or on a third andsubsequent violation for an administrative fine or civil penalty notto exceed two hundred fifty thousand dollars ($250000) perviolation and shall also be subject to disgorgement of any proceedsor other consideration obtained as a result ofthe violation Nothingin this subdivision shall be construed to limit the liability of ahealth care service plan a contractor or a provider of health carethat is not a licensed health care professional for any violation ofthis part

(4) Nothing in this subdivision shall be construed as authorizingan administrative fine or civil penalty under both paragraphs (2)and (3) for the same violation

(5) Any person or entity who is not permitted to receive medicalinformation pursuant to this part and who knowingly and willfullyobtains discloses or uses medical information without writtenauthorization from the patient shall be liable for a civil penalty notto exceed two hundred fifty thousand dollars ($250000) perviolation

(d) In assessing the amount of an administrative fine or civilpenalty pursuant to subdivision (c) the Office of HealthInformation Integrity licensing agency or certifying board orcourt shall consider anyone or more of the relevant circumstances

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presented by any of the parties to the case including but not limitedto the following

(1) Whether the defendant has made a reasonable good faithattempt to comply with this part

(2) The nature and seriousness of the misconduct(3) The harm to the patient enrollee or subscriber(4) The number of violations(5) The persistence of the misconduct(6) The length of time over which the misconduct occurred(7) The willfulness of the defendants misconduct(8) The defendants assets liabilities and net worth(e) (1) In an action brought by an individual pursuant to

subdivision (b) on or after January 12012 the court shall awardany actual damages and reasonable attorneys fees and costs butmay not award nominal damages for a violation of this part if thedefendant establishes all of the following as an affirmative defense

(A) The defendant is a covered entity as defined in Section160103 of Title 45 of the Code of Federal Regulations

(B) The defendant has complied with any obligations to notifyall persons entitled to receive notice regarding the release of theinformation or records

(C) The release of confidential information or records was solelyto another covered entity

(D) The defendant took appropriate preventive actions to protectthe confidential information or records against release retentionor use by any person or entity other than the covered entity thatreceived the information or records including but not limited to

(i) Developing and implementing security policies andprocedures

(ii) Designating a security official who is responsible fordeveloping and implementing its security policies and proceduresincluding educating and training the workforce

(iii) Encrypting the information or records and protectingagainst the release or use of the encryption key and passwords ortransmitting the information or records in a manner designed toprovide similar protections against improper disclosures

(E) The defendant took appropriate corrective action after therelease of the confidential records or information and the coveredentity that received the information or records immediatelydestroyed or returned the information or records

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(F) The covered entity that received the confidential informationor records did not retain use or release the information or records

(G) The defendant has not Ifeviettsl) vielateti this IMt ef inthe eettrls tiisefetieft tieslite the Ifief vielatieftbeenfound liablefor a violation of this part within the three years preceding thealleged violation or the court determines that application of theaffirmative defense is found to be compelling and consistent withthe purposes ofthis section to promote reasonable conduct in lightof all the facts

(2) In an action under this subdivision a plaintiff shall beentitled to recover reasonable attorneys fees and costs withoutregard to an award of actual or nominal damages

(3) A defendant shall not be liable for more than one judgmenton the merits for a violation of this subdivision

(f) (1) The civil penalty pursuant to subdivision (c) shall beassessed and recovered in a civil action brought in the name of thepeople of the State of California in any court of competentjurisdiction by any of the following

(A) The Attorney General(B) Any district attorney(C) Any county counsel authorized by agreement with the

district attorney in actions involving violation of a countyordinance

(D) Any city attorney of a city(E) Any city attorney of a city and county having a population

in excess of 750000 with the consent of the district attorney(F) A city prosecutor in any city having a full-time city

prosecutor or with the consent of the district attorney by a cityattorney in any city and county

(G) The Director of the Office of Health Information Integritymay recommend that any person described in subparagraphs (A)to (F) inclusive bring a civil action under this section

(2) If the action is brought by the Attorney General one-halfofthe penalty collected shall be paid to the treasurer of the countyin which the judgment was entered and one-half to the GeneralFund If the action is brought by a district attorney or countycounsel the penalty collected shall be paid to the treasurer of thecounty in which the judgment was entered Except as provided inparagraph (3) if the action is brought by a city attorney or cityprosecutor one-half of the penalty collected shall be paid to the

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1 treasurer of the city in which the judgment was entered and one-half2 to the treasurer of the county in which the judgment was entered3 (3) If the action is brought by a city attorney of a city and4 county the entire amount of the penalty collected shall be paid to5 the treasurer of the city and county in which the judgment was6 entered7 (4) Nothing in this section shall be construed as authorizing8 both an administrative fine and civil penalty for the same violation9 (5) Imposition of a fine or penalty provided for in this section

10 shall not preclude imposition of any other sanctions or remedies11 authorized by law12 (6) Administrative fines or penalties issued pursuant to Section13 128015 of the Health and Safety Code shall offset any other14 administrative fine or civil penalty imposed under this section for15 the same violation16 (g) For purposes of this section knowing and willful shall17 have the same meanings as in Section 7 of the Penal Code18 (h) No person who discloses protected medical information in19 accordance with the provisions of this part shall be subject to the20 penalty provisions of this part

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AB 518 Assembly Bill Status Page I of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPICHOUSE+LAST

AB No 518Wagner

Elder and dependentLOCATION SENAMENDED DATE

adult abuse mandated reporters

03232011

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATION

06062011In committee Hearing postponed by committee

SEN BANKING AND FINANCIAL INSTITUTIONS

TITLE An act to repeal Section 7480 of the Government Codeand to amend Section 156301 of and to amend and repealSections 15633 15634 15640 and 156555 of theWelfare and Institutions Code relating to elder anddependent adult abuse

httpwwwleginfocagovpubll-12Ibillasmab_ 0501-0550ab_518_bill_2011 0615_status 652012

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AMENDED IN ASSEMBLY MARCH 23 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 518

Introduced by Assembly Member Wagner

February 152011

Aft aet to amend Seetion 156301 of the Welfare and InstittttionsCode relating to elder abtlse An act to repeal Section 7480 of theGovernment Code and to amend Section 156301 of and to amend andrepeal Sections 15633 15634 15640 and 156555 of the Welfare andInstitutions Code relating to elder and dependent adult abuse

LEGISLATIVE COUNSELS DIGEST

AB 518 as amended Wagner Elder and dependent adult abusemandated reporters

Existing law the Elder Abuse and Dependent Adult Civil ProtectionAct establishes procedures for the reporting investigation andprosecution of elder and dependent adult abuse including but notlimited to financial abuse as defined These procedures require personsdefined as mandated reporters to report known or suspected instancesof elder or dependent adult abuse A violation of the reportingrequirements by a mandated reporter is a misdemeanor Existing lawwhich will be repealed on January 12013 defines who is a mandatedreporter of suspected financial abuse of an elder or dependent adult Aviolation ofthe financial abuse reporting requirements is subject to civilpenalties

This bill would delete the January 1 2013 repeal date and makeconforming changes

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

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The people of the State of California do enact asfollows

1 SECTION 1 Section 7480 of the Government Code as2 amended by Section 2 of Chapter 234 of the Statutes of 2008 is3 repealed4 7480 Nothing in this ehapter prohibits an) of the following

(a) The dissemination of an) finaneial information that is not6 identified with or identifiable as being deri ved from the fiftMleial7 reeords of a partietllar etlstomer8 (b) When any poliee or sheriffs department or distriet attorney9 in this state eertines to a bank eredit tlftion or savin-gsassoeiation

in 4vritingthat a erime report has been filed that involves the11 alleged fratldttlent tlse of drafts eheeks or other orders drawfl12 tlJon MtY bank eredit tlftion or Sltv ings assoeiation in this state13 the poliee or sheriffs department or distriet attomey a eotlnty14 adttlt proteeti-ve sen iees oftiee 4vhen investigating the finaneial

abttse of an elder or dependent adttlt or a long term eare16 ombttdsman when investigating the finaneial abttse of an elder or17 dependent adttlt rna reqtlest a bank eredit tlftion or savings18 assoeiation to fttmish and a bank eredit tlftion or savings19 assoeiation shall fttmish a statement setting forth the folIowing

information with respeet to a etlstomer aeeotlnt speeified b) the21 reqttesting parry for a period 30 da s prior to and tlJ to 30 da) s22 following the date ofoeetnTenee of the alleged illegal aet invohin-g23 the aeeotlftt24 (1) The Itttftlber of items dishonored

(2) The nttmber of items paid that ereated Oierdrafts26 (3) The dollar volttme of the dishonored items and items paid27 whieh ereated overdrafts and a statement explaining an) eredit28 atTangementbetween the bank eredit tlftion or savin-gsassoeiation29 and etlstomer to pa) 0verdrafts

(4) The dates and amotlnts of deposits and debits and the aeeotlftt31 balanee on these dates32 (5) A eoJry of the signattlre eard inelttding the signattlre and33 an) addresses appearing on a etlstomers signattlre eard34 (6) The date the aeeottnt opened and ifapplieable the date the

aeeotlnt elosed36 (7) A bank eredit tlftion or saTvingsassoeiation that proiides37 the reqtlesting part) vvith eopies of one or more eomplete aeeottnt

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the taxpa er (2) the (iireet deposit refund bullbullas not rettlmed to theFranehise Tax Board and (3) the remnd TnaSdeposited direetlyon a speeifled date into the aeeotlftt of an aeeotmtholder of theflnaneial instittttion bullbullho bullbullas not entitled to reeei v e the refttndthen the flnaneial instittttion shall fttntish to the Franehise TaxBoard the name and address ofan eoo w ner eosigtter or an otherperson bullbullho had aeeess to the mnds in the aeeotlttt follo bullbulling thedate ofdiIeet deposit refund or if the aeeotmt has been dosed thename and address of the person bullbullho dosed the aeeOtlftt

(s) This seetion shall beeome operati v e on Jaftttary 1 2013SECTION 1SEC 2 Section 156301 of the Welfare and Institutions Code

is amended to read156301 (a) As used in this section mandated reporter of

suspected financial abuse of an elder or dependent adult meansall officers and employees of financial institutions

(b) As used in this section the term financial institution meansany of the following

(l) A depository institution as defined in Section 3(c) of theFederal Deposit Insurance Act (12 USC Sec 1813(c))

(2) An institution-affiliated party as defined in Section 3(u) ofthe Federal Deposit Insurance Act (12 USC Sec 1813(u))

(3) A federal credit union or state credit union as defined inSection 101 ofthe Federal Credit Union Act (12 USC Sec 1752)including but not limited to an institution-affiliated party of acredit union as defined in Section 206(r) of the Federal CreditUnion Act (12 USc Sec 1786(r))

(c) As used in this section financial abuse has the samemeaning as in Section 1561030

(d) (l) Any mandated reporter of suspected financial abuse ofan elder or dependent adult who has direct contact with the elderor dependent adult or who reviews or approves the elder ordependent adults financial documents records or transactionsin connection with providing financial services with respect to anelder or dependent adult and who within the scope of his or heremployment or professional practice has observed or hasknowledge of an incident that is directly related to the transactionor matter that is within that scope of employment or professionalpractice that reasonably appears to be financial abuse or whoreasonably suspects that abuse based solely on the information

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before him or her at the time of reviewing or approving thedocument record or transaction in the case of mandated reporterswho do not have direct contact with the elder or dependent adultshall report the known or suspected instance of financial abuse bytelephone immediately or as soon as practicably possible and bywritten report sent within two working days to the local adultprotective services agency or the local law enforcement agency

(2) When two or more mandated reporters jointly haveknowledge or reasonably suspect that financial abuse of an elderor a dependent adult for which the report is mandated has occurredand when there is an agreement among them the telephone reportmay be made by a member of the reporting team who is selectedby mutual agreement A single report may be made and signed bythe selected member of the reporting team Any member of theteam who has knowledge that the member designated to report hasfailed to do so shall thereafter make that report

(3) If the mandated reporter knows that the elder or dependentadult resides in a long-term care facility as defined in Section1561047 the report shall be made to the local ombudsman or locallaw enforcement agency

(e) An allegation by the elder or dependent adult or any otherperson that financial abuse has occurred is not sufficient to triggerthe reporting requirement under this section if both of the followingconditions are met

(1) The mandated reporter of suspected financial abuse of anelder or dependent adult is aware of no other corroborating orindependent evidence of the alleged financial abuse of an elder ordependent adult The mandated reporter of suspected financialabuse of an elder or dependent adult is not required to investigateany accusations

(2) In the exercise of his or her professional judgment themandated reporter of suspected financial abuse of an elder ordependent adult reasonably believes that financial abuse of anelder or dependent adult did not occur

(f) Failure to report financial abuse under this section shall besubject to a civil penalty not exceeding one thousand dollars($1000) or if the failure to report is willful a civil penalty notexceeding five thousand dollars ($5000) which shall be paid bythe financial institution that is the employer of the mandated

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reporter to the party bringing the action Subdivision (h) of Section15630 shall not apply to violations of this section

(g) (1) The civil penalty provided for in subdivision (f) shallbe recovered only in a civil action brought against the financialinstitution by the Attorney General district attorney or countycounsel No action shall be brought under this section by anyperson other than the Attorney General district attorney or countycounsel Multiple actions for the civil penalty may not be broughtfor the same violation

(2) Nothing in the Financial Elder Abuse Reporting Act of2005shall be construed to limit expand or otherwise modify any civilliability or remedy that may exist under this or any other law

(h) As used in this section suspected financial abuse of anelder or dependent adult occurs when a person who is requiredto report under subdivision (a) observes or has knowledge ofbehavior or unusual circumstances or transactions or a pattern ofbehavior or unusual circumstances or transactions that would leadan individual with like training or experience based on the samefacts to form a reasonable belief that an elder or dependent adultis the victim of financial abuse as defined in Section 1561030

(i) Reports of suspected financial abuse of an elder or dependentadult made by an employee or officer of a financial institutionpursuant to this section are covered under subdivision (b) of Section47 of the Civil Code

SEC 3 Section 15633 of the Welfare and Institutions Codeas amended by Section 5 of Chapter 140 of the Statutes of 2005is amended to read

15633 (a) The reports made pursuant to Sections 15630156301 and 15631 shall be confidential and may be disclosedonly as provided in subdivision (b) Any violation of theconfidentiality required by this chapter is a misdemeanorpunishable by not more than six months in the county jail by afine of five hundred dollars ($500) or by both that fine andimprisonment

(b) Reports of suspected abuse of an elder or dependent adultand information contained therein may be disclosed only to thefollowing

(1) Persons or agencies to whom disclosure of information orthe identity of the reporting party is permitted under Section156335

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(2) (A) Persons who are trained and qualified to serve onmultidisciplinary personnel teams may disclose to one anotherinformation and records that are relevant to the preventionidentification or treatment of abuse of elderly or dependentpersons

(B) Except as provided in subparagraph (A) any personnel ofthe multidisciplinary team or agency that receives informationpursuant to this chapter shall be under the same obligations andsubject to the same confidentiality penalties as the persondisclosing or providing that information The information obtainedshall be maintained in a manner that ensures the maximumprotection of privacy and confidentiality rights

(c) This section shall not be construed to allow disclosure ofany reports or records relevant to the reports of abuse of an elderor dependent adult if the disclosure would be prohibited by anyother provisions of state or federal law applicable to the reports orrecords relevant to the reports of the abuse nor shall it be construedto prohibit the disclosure by a financial institution of any reportsor records relevant to the reports of abuse of an elder or dependentadult if the disclosure would be required of a financial institutionby otherwise applicable state or federal law or court order

(d) This seetion shall remain in dIcet on) tmtilJantmry I 2813and as of that date is repealed unless a later enaeted statute thatis enaeted before JMlt1ary12813 deletes or extends that date

SEC 4 Section 15633 of the Welfare and Institutions Codeas added by Section 6 of Chapter 140 of the Statutes of 2005 isrepealed

15633 (a) The leports made ptlrstlMlt to Seetions 15638 and15631 shall be eonndential and may be diselosed on) as pro videdin stlbdivision (b) AIl) violation of the eonfidetttialrt reqtliredbythis ehapter is a misdemeanor ptlnishable bynot more than sixmoftths in the eounry jail b)l a nne ofn Vehundred dollars ($588)or byboth that nne and imprisonment

(b) Reports of stlspeeted elder 01 dependent adttlt abttse andinfenmation eontained therein may be diselosed only to thefollo vving

(1) Persons or ageneies to vvhomdiselostlfe of information orthe identity of the reporting pMty is permitted tlnder Seetion156335

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(2) EA) Persems who Me trftined Md qtlftlified to sene onmtlltidiseiplinftfjf persoflftel teftll1smfty diselose to one Mlotherinfermtttion Md reeords thftt Me relevflnt to the preventionidentifiefttion or trefttment of ftbttse of elderly or dependentpersons

EB) Exeept ftSpro vided in SMpMftgrftph EA) Mly personnel ofthe ftltlltidiseiplinftry teftftl or ftgeney thftt reeeives informfttionptlrstlftnt to this ehflPtel shftH he tinder the sftme ohligfttions ftndsttbjeet to the sftme eonfidentiftlity penftlties ftS the pelsondisdosing or pro viding thftt infermfttion The informfttion ohtftinedshftH he mftintftined in ft ftlftflfter thftt enstlfes the ftlftXimttmproteetion ofprivftey ftnd eonfidentiftlity rights

Ee) This seetion shftH not he eonstftled to ftHo diselostlfe ofMy reports or reeords rde vMit to the reports of elder or dependentftdttlt ftbttse if the disdostlfe votlld he prohibited hy My other110visions of stftte or federftllft bullbull ftppliefthle to the reports or reeordsrele vftnt to the reports of the flbttse

Ed) This seetion shftH heeome operftti ve on Jftntlftry I 2013SEC 5 Section 15634 of the Welfare and Institutions Code

as amended by Section 7 of Chapter 140 of the Statutes of 2005is amended to read

15634 (a) No care custodian clergy member healthpractitioner mandated reporter of suspected financial abuse of anelder or dependent adult or employee of an adult protectiveservices agency or a local law enforcement agency who reports aknown or suspected instance of abuse of an elder or dependentadult shall be civilly or criminally liable for any report requiredor authorized by this article Any other person reporting a knownor suspected instance of abuse of an elder or dependent adult shallnot incur civil or criminal liability as a result of any reportauthorized by this article unless it can be proven that a false reportwas made and the person knew that the report was false No personrequired to make a report pursuant to this article or any persontaking photographs at his or her discretion shall incur any civil orcriminal liability for taking photographs of a suspected victim ofabuse of an elder or dependent adult or causing photographs to betaken of such a suspected victim or for disseminating thephotographs with the reports required by this article Howeverthis section shall not be construed to grant immunity from thisliability with respect to any other use of the photographs

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(b) No care custodian clergy member health practitionermandated reporter of suspected financial abuse of an elder ordependent adult or employee of an adult protective services agencyor a local law enforcement agency who pursuant to a request froman adult protective services agency or a local law enforcementagency investigating a report of known or suspected abuse of anelder or dependent adult provides the requesting agency withaccess to the victim of a known or suspected instance of abuse ofan elder or dependent adult shall incur civil or criminal liabilityas a result of providing that access

(c) The Legislature finds that even though it has providedimmunity from liability to persons required to report abuse of anelder or dependent adult immunity does not eliminate thepossibility that actions may be brought against those persons basedupon required reports of abuse In order to further limit the financialhardship that those persons may incur as a result of fulfilling theirlegal responsibilities it is necessary that they not be unfairlyburdened by legal fees incurred in defending those actionsTherefore a care custodian clergy member health practitioneror an employee of an adult protective services agency or a locallaw enforcement agency may present to the StMe B6Md 6pound C6ntr61California Victim Compensation and Government Claims Boarda claim for reasonable fttt6meys attorneys fees incurred in anyaction against that person on the basis of making a report requiredor authorized by this article if the court has dismissed the actionupon a demurrer or motion for summary judgment made by thatperson or if he or she prevails in the action The StMe B6ftrd 6fC6ntr61 California Victim Compensation and Government ClaimsBoard shall allow that claim if the requirements ofthis subdivisionare met and the claim shall be paid from an appropriation to bemade for that purpose Att6mey s Attorneys fees awarded pursuantto this section shall not exceed an hourly rate greater than the ratecharged by the Attorney General at the time the award is madeand shall not exceed an aggregate amount of fifty thousand dollars($50000) This subdivision shall not apply if a public entity hasprovided for the defense of the action pursuant to Section 995 ofthe Government Code

(d) This seeti6n shftll remftin in dfeet 6ttly tmtil J8fttlfll)1 2013ftnd ftS6pound thftt dMe is repeftled wIess ft IMer enfteted stMute thMis en8eted before Jftftt18ry12013 deletes 6r extends thM dMe

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SEC 6 Section 15634 of the Welfare and Institutions Codeas amended by Section 711 ojChapter 538 of the Statutes oj2006is repealed

15634 eft) No eMe etlstodimt ele~ member hea-lthpraetitioner or employee of an adttlt proteeti-ve serviees ageneyor a loeal larn enforeement ageney who reports a lrnown orsttspeeted instanee of elder or dependent adtllt abtlse shaHbe eiviHyor eriminalry liable for any report reqttired or attthorizedby thisartiele Any other peIson reporting a lrnOWfior stlspeeted instaneeof elder or dependeItt adttIt abtlse shall not inettr ei vil or eriminalliability as a restllt of any report attthorizedby this artiele ttnlessit ean be pro ven that a false report was made and the person knewthat the report vvasrelse gteJoperson reqtlired to make a reportptlrstlant to this artiele or any person taking photographs at his orher diseretion shall inettr any eivii or eriminalliability fer takingphotographs of a stlspeeted vietim of elder or dependent adtlltabtlse or eattsing photographs to be taken of the stlspeeted vietimor fOIdisseminating the photographs with the reports reqtlired bythis artiele However this seetion shall not be eonstmed to gIantimmttnity from this liability vvithrespeet to any other tlse of thephotographs

(b) No eMe etlstodian el~ member health praetitioner oremployee of an adtlIt proteetive seniees ageney or a loea-l lawenfereemeItt ageney who pttrsttant to a reqtlest from an adttltproteeti-ie seniees ageney or a loeal lavI enforeemeItt ageneyinvestigating a report of lrnOViftor stlspeeted elder or dependentadtllt abtlse proides the reqtlesting ageney with aeeess to thevietim of a lrnovvnor stlspeeted instanee of elder or dependeIttadttlt abtlse shall inettr eiviI or eriminal liability as a restlIt ofpro viding that aeeess

ee) The Legislatttre finds that even thOtlgh it has pIOvidedimmtlnity from liability to peIsons reqtlired to report elder ordependent mit abttse immtlIlity does not eliminate the possibilitythat aetions may be brotlght agamst those persons based tlJ0nreqtlired reports of abtlse In order to fttrther limit the finaneialhardship that those persons may inettr as a resttIt offttlfilling theirlegal responsibilities it is neeessary that they not be tlftreirlybttrdened by legal fees inetlffed in defending those aetionsTherefore a eMeetlstodian ele~ member health praetitioneror employee ofan adttlt proteetive seniees ageney or a loeallffi7t

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AB518 -18-

enfOieement agene)l ma) present to the CalifeJmia VietimCempensatien and Geemment Claims BeMd a elaim feJrreasenable atteme)s fees inetJifedin any aetien agffinstthat persenen the basis efmMcinga repert reqtlired er attth6rizedb)l this Mtieleif the eeM has dismissed the aetien t1pen a demtlffer el metienfur sttmillM)lj tldgment made b that persen el ifhe er she preailsin the aetien The Califumia Vietim Cempensatien andGeemment Claims Beard shall allew that ehtim if thereqtlirements ef this sttbdi isien Me met and the elaim shall bepaid fl6man fllprepriatien te be made fur that ptllpese Atteme) sfees aarded ptliStlMltto this seetien shall net exeeedan hetlilyrate greater than the late eharged b the Attemey General at thetime the aard is made and sh8llnet exeeedan aggregate amettllteffitty thetlsanBdellMs ($50000) This sttbdF isien shall net applyif a pttblie enti) has pmbullided fer the defense ef the aetien ptlistlantte Seetien 995 ef the Ge emment Cede

(6) This seetien shall beeeme eperatie en JMttlM)12013SEC 7 Section 15640 of the Welfare and Institutions Code

as amended by Section 9 of Chapter 140 of the Statutes of2005is amended to read

15640 (a) (1) An adult protective services agency shallimmediately or as soon as practically possible report by telephoneto the law enforcement agency having jurisdiction over the caseany known or suspected instance of criminal activity and to anypublic agency given responsibility for investigation in thatjurisdiction of cases of elder and dependent adult abuse everyknown or suspected instance of abuse pursuant to Section 15630or 156301 of an elder or dependent adult A county adult protectiveservices agency shall also send a written report thereof within twoworking days of receiving the information concerning the incidentto each agency to which it is required to make a telephone reportunder this subdivision Prior to making any cross-report ofallegations of financial abuse to law enforcement agencies anadult protective services agency shall first determine whether thereis reasonable suspicion of any criminal activity

(2) If an adult protective services agency receives a report ofabuse alleged to have occurred in a long-term care facility thatadult protective services agency shall immediately inform theperson making the report that he or she is required to make thereport to the long-term care ombudsman program or to a local law

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-19- AB518

enforcement agency The adult protective services agency shallnot accept the report by telephone but shall forward any writtenreport received to the long-term care ombudsman

(b) If an adult protective services agency or local lawenforcement agency or ombudsman program receiving a report ofknown or suspected elder or dependent adult abuse determinespursuant to its investigation that the abuse is being committed bya health practitioner licensed under Division 2 (commencing withSection 500) of the Business and Professions Code or any relatedinitiative act or by a person purporting to be a licensee the adultprotective services agency or local law enforcement agency orombudsman program shall immediately or as soon as practicallypossible report this information to the appropriate licensingagency The licensing agency shall investigate the report in lightof the potential for physical harm The transmittal of informationto the appropriate licensing agency shall not relieve the adultprotective services agency or local law enforcement agency orombudsman program of the responsibility to continue its owninvestigation as required under applicable provisions of law Theinformation reported pursuant to this paragraph shall remainconfidential and shall not be disclosed

(c) A local law enforcement agency shall immediately or assoon as practically possible report by telephone to the long-termcare ombudsman program when the abuse is alleged to haveoccurred in a long-term care facility or to the county adultprotective services agency when it is alleged to have occurredanywhere else and to the agency given responsibility for theinvestigation of cases of elder and dependent adult abuse everyknown or suspected instance of abuse of an elder or dependentadult A local law enforcement agency shall also send a writtenreport thereof within two working days of receiving the informationconcerning the incident to any agency to which it is required tomake a telephone report under this subdivision

(d) A long-term care ombudsman coordinator may report theinstance of abuse to the county adult protective services agencyor to the local law enforcement agency for assistance in theinvestigation of the abuse if the victim gives his or her consent Along-term care ombudsman program and the Licensing andCertification Division ofthe State Department ofIIealth SeI ieesPublic Health shall immediately report by telephone and in writing

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AB518 -20-

1 within two working days to the bureau any instance of neglect2 occurring in a health care facility that has seriously harmed any3 patient or reasonably appears to present a serious threat to the4 health or physical well-being of a patient in that facility If a victim5 or potential victim of the neglect withholds consent to being6 identified in that report the report shall contain circumstantial7 information about the neglect but shall not identify that victim or8 potential victim and the bureau and the reporting agency shall9 maintain the confidentiality of the report until the report becomes

lOa matter of public record11 (e) When a county adult protective services agency a long-term12 care ombudsman program or a local law enforcement agency13 receives a report of abuse neglect or abandonment of an elder or14 dependent adult alleged to have occurred in a long-term care15 facility that county adult protective services agency long-term16 care ombudsman coordinator or local law enforcement agency17 shall report the incident to the licensing agency by telephone as18 soon as possible19 (f) County adult protective services agencies long-term care20 ombudsman programs and local law enforcement agencies shall21 report the results of their investigations of referrals or reports of22 abuse to the respective referring or reporting agencies23 Eg) This seeti6n shall remain in dIcet 6ny tlfttilJ~ 1201324 and as 6f that date is repealed unless a later enaeted stMttte that25 is enaeted bef6re Janttary 12013 deletes 6r extends that date26 SEC 8 Section 15640 of the Welfare and Institutions Code27 as added by Section 10 of Chapter 140 of the Statutes of 2005 is28 repealed 29 15640 Ea) E1) An adult pr6teeti e sen iees ageney shall30 immediate) 6r as S66nas praetieal) p6ssible rep6rt 0 te1eph6ne31 t6 the la~ enf6reement ageney haing jttrisdieti6n 6er the ease32 an kntMfl6r suspeeted instanee 6f eriminal aeth it) and t6 any33 pttblie agene gien resp6nsibilit) f6r illestigMi6n in that34 jurisdieti6n 6f eases 6f elder and dependent adttlt abuse eery35 kfl6n6r suspeeted instanee 6f aetlse purstlant t6 Seeti6n 1563036 6f an elder 6r dependent adttlt A e6t11ltyadttlt pr6teeti e sen iees37 ageney shall als6 send a TV ritten rep6rt there6f Vv ithin ti 6 V 6rking38 days 6f reeeiving the inwrmati6n e6neeming the ineident t6 eaeh39 ageney t6 vv hieh it is reqtlired t6 make a teleph6ne Iep6rt tlftder40 this subdiisi6n Pri6r t6 making an er6SSIep6rt 6f allegati6ns

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-21- AB518

offilumeial abttse to lavvenforeemertt a-geneiesMladult proteetFesen iees agene) shaH first determine whether there is reasonablesuspieion of tmJ eriminM aeti vit

(2) If an adult proteeti ve sen iees agene) reeei ves a report ofabttse alleged to ha ve oeettlTed in a long teml eare faeilit) thatadttlt proteeti ve sen iees ageney shall immediate) infoml theperson making the report that he or she is required to make thereport to the long term eare ombttdsman program 01 to aloeallawenforeemertt a-geneyThe adttlt proteeti ve sen iees agene) shallnot aeeept the report b) telephone btlt shall fonvMd flit) vvTittenreport leeehed to the long teml eare ornbtldsman

(b) If an adtllt proteetive seniees ageney or loeal lawenforeement agene) or ornbtldsman program reeei vinga report ofkftovm or stlspeeted elder or dependent adttlt MtlSe determinespttrstlartt to its inYestigationthat the flbttseis being eommitted bya health 11aetitioner lieensed tlftder Division 2 (eonJffieneingwithSeetion 500) of the Btlsiness flftdProfessions Code or flit) lelatedinitiatiye aet or by a person ptlrporting to be a lieensee the adtlltproteetive seniees a-gene) or loeallaw enforeement agene) orombttdsman program shall immediate) or as soon as praetieall)possible report this mformation to the appropriate lieensingagene) The lieensing agene) shall investigate the report in lightof the poterttial fur ph) sieal hamlThe trMlsmittfllof informationto the appropriate lieensing agene) shall not relieve the adtlltproteethe serviees agene) or loeallaw enforeement agene) orornbtldsmflft program of the responsibility to eorttinue its 0~vninvestigation as reqttired tlftder applieable provisions of law Theinformation reported pttrstlant to this paragraph shall remaineoniiderttial flItdshfl11not be diselosed

(e) A loealla bullbull enforeement agefte) shall immediate) or assoon as praetieal) possible report b) telephone to the long termeare ombtldsman program bullbullhen the abtlse is alleged to haveoeetllTed in a long term eare faeilit) or to the eotlnt) adttltproteetive seniees agene) bullbullhen it is alleged to have oeeUlfedan) vvhere else flftd to the agene) gh en responsibilit) for theinvestigation of eases of elder and dependent adttlt abtlse everykftovm or stlspeeted instflftee of MtlSe of an elder or dependerttadttlt A loeallaw enforeement ageney shall also send a Ylfittenreport thereof bullbullithin ftv0 vvorking dfl)s ofreeei ving the infomlation

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AB518 -22-

eoneeming the ineident to an agenC) to vvhieh it is reqtlired toftutke a telephone report tlIlderthis stlbdh ision

Ed) A long tenn eare ombttdsman eoordinator mll) report theinstlllleeof abtlse to the eot1llryadttlt proteetive seniees ageneyor to the loeal la bullbull enforeement agenC) for assistlllleein theinvestigationof the abttse if the vietim gives his or her eonsent Along tenn eMe ombtldsmllllprogram llIldthe Lieensing llIldCertifieation Division of the State DepMtment ofIIealth Senieesshall immediately report b telephone llIldin vvriting vvithin hiv0tv orkingdll) s to the bm eatl an instlllleeof negleet oeet1ffingin ahealth eare faeiliry that has seriotlsl hMmed an patient orreasonably appeMs to present a seriotls threat to the health orph sieal vvell being of a patient in that ffteiliry If a J ietim orpotential TV ietim of the neglect vithholds eonsent to being identifiedin that report the report shall eontain eirettmstlllltialinformationabom the negleet bm shall not identif) that vietim or potentialvietim and the bttreatl llIldthe reporting agenC) shall maintain theeoniidentialiry of the report tlntil the report beeomes a matter ofptlblie reeord

Ee) hen a eotlllryadttlt proteeti ve sen iees agenC) a long termeare ombtldsman program or a loeal la enforeement ageneyreeeives a report ofabttse negleet or ablllldonmentofllllelder ordependent adttlt alleged to have oeet1ffedin a long term earefaeiliry that eotlnty adtllt proteeti ve sen iees agenC) long termeare ombtldsmlllleoordinator or loeallavv enforeement ageneyshall report the ineident to the lieensing agene b telephone assoon as possible

ED COtl1lt)adtllt proteetive seniees ageneies long term eareombttdsman programs and 10ea1lavvenforeement ageneies shallreport the restllts of their investigations of referrals or reports ofabtlse to the respeetive referring or reporting ageneies

Eg) This seetion shall beeome operative on JllIlt1flry12013SEC 9 Section 156555 of the Welfare and Institutions Code

as amended by Section 11 of Chapter 140 of the Statutes of 2005is amended to read

156555 A county adult protective services agency shallprovide the organizations listed in paragraphs (v) (w) and (x) ofSection 1561017 and mandated reporters of suspected financialabuse of an elder or dependent adult pursuant to Section 156301with instructional materials regarding abuse and neglect of an elder

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1 or dependent adult and their obligation to report under this chapter2 At a minimum the instructional materials shall include the3 following4 (a) An explanation of abuse and neglect of an elder or dependent

adult as defined in this chapter6 (b) Information on how to recognize potential abuse and neglect7 of an elder or dependent adult8 (c) Information on how the county adult protective services9 agency investigates reports of known or suspected abuse and

neglect11 (d) Instructions on how to report known or suspected incidents12 of abuse and neglect including the appropriate telephone numbers13 to call and what types of information would assist the county adult14 protective services agency with its investigation of the report

(e) This seetion shall remain in eifcet only tlfttil Jflfttlttry 1 201316 and as of that date is repealed tmless a later enaeted stattlte that17 is enaeted before Jafttlttry 12013 deletes or extends that date18 SEC 10 Section 156555 of the Welfareand Institutions Code19 as amended by Section 712 of Chapter 538 of the Statutes of2006

is repealed21 156555 A eottftt) achtlt proteetive serviees agene) shall22 pmvide the organi2ations listed in paragraphs (v) (vv) and Ex) of23 Seetion 1561017 with instItletional materials regarding elder and24 dependent achtlt abtlse and negleet and their obligation to report

under this ehapter At a minimum the instruetional materials shall26 inelude the follovving27 (a) An explanation of elder and dependent achtlt abuse and28 negleet as defined in this ehapter29 (b) Information on how to reeogni2e potential elder and

dependent achtlt abuse and negleet31 (e) Information on ho vIthe eottftt) achtlt proteeti ve serv iees32 agene) investigates reports of knovm or suspeeted abuse and33 negleet34 (d) Instmetions on hovv to report ]movvn or suspeeted ineidents

of abuse and negleet ineltlding the appropriate telephone llt11llbers36 to eall and what rypes of information vvould assist the eount) adult37 proteetirv e sen iees agene) with its in (estigation of the report38 (e) This seetion shall beeome operati e on January I 20 13

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AB 608 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 608Pan

Health care coverage telemedicine

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to health care

httpwww1eginfocagovpubII-12Ibillasmab_0601-0650ab _608_ bill_ 20120201_status 652012

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AB 783 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 783AUTHOR(S) HayashiTOPIC Professional corporations licensed physical therapists

and occupational therapists+LAST AMENDED DATE 04072011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

COMMCOMMCOMM

HIST ACT DATEHIST ACTION

From committeeRule 62(a)

LOCATION SENACTION DATEACTION

06282011In committee Set second hearing Failed passagewithout further action pursuant to Joint

LASTLAST

BUSINESS PROFESSIONS AND ECONOMIC DEVELOPMENT06272011

Set second hearing Failed passage in Committee

TITLE An act to amend Section 2406 of the Business andProfessions Code and to amend Section 134015 of theCorporations Code relating to professional corporations

httpwwwleginfocagovpub11-12billasmab_0751-0800ab_783_bill_20111115_status 652012

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AMENDED IN ASSEMBLY APRIL 7 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 783

Introduced by Assembly Member Hayashi

February 172011

An act to amend Section 2406 of the Business and Professions Codeand to amend Section 134015 of the Corporations Code relating toprofcssiemal eorporations and deelaring the mgeney thereof to tttkeeffeet immediatelyprofessional corporations

LEGISLATIVE COUNSELS DIGEST

AB 783 as amended Hayashi Professional corporations licensedphysical therapists and occupational therapists

Existing law regulating professional corporations provides that certainhealing arts practitioners may be shareholders officers directors orprofessional employees of a medical corporation-er-a podiatric medicalcorporation or a chiropractic corporation subject to certain limitations

This bill would add licensed physical therapists and licensedoccupational therapists to the list of healing arts practitioners who maybe shareholders officers directors or professional employees of thosecorporations The bill would also make conforming changes to a relatedprovision

This bill vv otlld deelare that it is to take etteet immediately as anmgeney statttte

Vote -majority Appropriation no Fiscal committee noState-mandated local program no

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AB783 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 2406 of the Business and Professions2 Code is amended to read3 2406 A medical corporation or podiatry corporation is a4 corporation that is authorized to render professional services as

defined in Sections 13401 and 134015 ofthe Corporations Code6 so long as that corporation and its shareholders officers directors7 and employees rendering professional services who are physicians8 and surgeons psychologists registered nurses optometrists9 podiatrists chiropractors acupuncturists naturopathic doctors

physical therapists or in the case of a medical corporation only11 physician assistants marriage and family therapists or clinical12 social workers are in compliance with the Moscone-Knox13 Professional Corporation Act the provisions of this article and all14 other statutes and regulations now or hereafter enacted or adopted

pertaining to the corporation and the conduct of its affairs16 With respect to a medical corporation or podiatry corporation17 the governmental agency referred to in the Moscone-Knox18 Professional Corporation Act is the board19 SEC 2 Section 134015 of the Corporations Code is amended

to read21 134015 Notwithstanding subdivision (d) of Section 1340122 and any other provision of law the following licensed persons23 may be shareholders officers directors or professional employees24 of the professional corporations designated in this section so long

as the sum of all shares owned by those licensed persons does not26 exceed 49 percent ofthe total number of shares of the professional27 corporation so designated herein and so long as the number of28 those licensed persons owning shares in the professional29 corporation so designated herein does not exceed the number of

persons licensed by the governmental agency regulating the31 designated professional corporation32 (a) Medical corporation33 (1) Licensed doctors of podiatric medicine34 (2) Licensed psychologists

(3) Registered nurses36 (4) Licensed optometrists37 (5) Licensed marriage and family therapists38 (6) Licensed clinical social workers

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-3-

(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists(10) Naturopathic doctors(11) Licensed physical therapists(12)Licensed occupational therapists(b) Podiatric medical corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed optometrists(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(8) Licensed physical therapists(9) Licensed occupational therapists(c) Psychological corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Registered nurses(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed chiropractors(8) Licensed acupuncturists(9) Naturopathic doctors(d) Speech-language pathology corporation(1) Licensed audiologists(e) Audiology corporation(1) Licensed speech-language pathologists(t) Nursing corporation(l) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists

AB783

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AB783 -4-

(10) Naturopathic doctors(g) Marriage and family therapy corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed clinical social workers(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(h) Licensed clinical social worker corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed marriage and family therapists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(i) Physician assistants corporation(1) Licensed physicians and surgeons(2) Registered nurses(3) Licensed acupuncturists(4) Naturopathic doctorsG) Optometric corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(k) Chiropractic corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed acupuncturists(9) Naturopathic doctors

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-5- AB783

(10) Licensed physical therapists(11) Licensed occupational therapists(l) Acupuncture corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed physician assistants(9) Licensed chiropractors(10) Naturopathic doctors(m) Naturopathic doctor corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed physician assistants(5) Licensed chiropractors(6) Licensed acupuncturists(7) Licensed physical therapists(8) Licensed doctors of podiatric medicine(9) Licensed marriage family and child counselors(10) Licensed clinical social workers(11) Licensed optometrists(n) Dental corporation(1) Licensed physicians and surgeons(2) Dental assistants(3) Registered dental assistants(4) Registered dental assistants in extended functions(5) Registered dental hygienists(6) Registered dental hygienists in extended functions(7) Registered dental hygienists in alternative practiceSEC 3 This aet is Ml ttrgene statttte neeessary for the

immediatepresenation of the ptlblie peaee hettlihor saferyvvithinthe meMling of Miele IV of the Constittttion Mld shaHgo intoimmediate effeet The fftets eonstitttting the neeessiry Me

In order to 8t1thorizelieensed physieal therapists to beshareholders offieers mreetors or professional employees of

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1 memeal eorpofatiofts andpodiatrie medieal eorpofatiofts as soOft2 as possible it is fteeessary that this aet tftke dIeet immediately

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AB 800 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 800Huber

Boards and commissions time reporting

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to add Section 1156410 to the Government Coderelating to boards and commissions

httpwwwleginfocagovpubI11-12billasmlab_0751-0800ab _800_ bill_20120201_status 652012

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AB 958 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 958Bill Berryhill

Regulatory boards limitations periods

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to Art IV Sec 10(e) of theFrom committee Filed with the Chiefto Joint Rule 56BUSINESS PROFESSIONS AND CONSUMER PROTECTION

TITLE An act to add Section 1105 to and to repeal Sections16702 22305 296005 3137 375051 498205499032 5561 5661 76865 988420 and 98898 of theBusiness and Professions Code relating to regulatoryboards

httpwwwleginfocagovpub11-12lbillasmlab_0951-1 OOOab_958 _bill_ 20120202_ status 652012

AB 1003 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 1003Smyth

Professional and vocational licenses

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to professional and vocational licenses

httpwwwleginfocagovpubll-12Ibillasmlab_l00l-l 050ab_1003 _bill_2012020 I_statu 652012

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AB 1205 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1205AUTHOR(S) Bill BerryhillTOPIC Licensed behavior analysts+LAST AMENDED DATE 04042011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to amend Section 499018 of and to add Chapter52 (commencing with Section 252971) to Division 2 ofthe Business and Professions Code relating to healingarts

httpwwwleginfocagovpub11-12billasmab _120 1-1250ab_1205 _bill_20 120201_statu 652012

AB 1435 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1435AUTHOR(S) Dickinson (Coauthors Alejo Buchanan and Hill) TOPIC Child abuse reporting athletic personnelHOUSE LOCATION SEN+LAST AMENDED DATE OS252012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredState-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS for

LASTLAST

APPROPRIATIONSOS252012

Do pass as amendedAyes 17 Noes OOPASS

TITLE An act to amend Section 111657 of the Penal Coderelating to child abuse reporting

httpwww1eginfocagovpub11-12lbiIVasmab_140 1-1450ab _1435 _bill~0120601_statu 652012

AMENDED IN ASSEMBLY MAY 25 2012

AMENDED IN ASSEMBLY MARCH 21 2012

AMENDED IN ASSEMBLY MARCH 142012

AMENDED IN ASSEMBLY FEBRUARY 29 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1435

Introduced by Assembly Member Dickinson(Coauthors Assembly Members Alejo Buchanan and Hill)

January 4 2012

An act to amend Section 111657 of the Penal Code relating to childabuse reporting

LEGISLATIVE COUNSELS DIGEST

AB 1435 as amended Dickinson Child abuse reporting athleticpersonnel

Existing law the Child Abuse and Neglect Reporting Act requiresa mandated reporter as defined to report whenever he or she in his orher professional capacity or within the scope of his or her employmenthas knowledge of or observed a child whom the mandated reporterknows or reasonably suspects has been the victim of child abuse orneglect Failure to report an incident is a crime punishable byimprisonment in a county jail for a period of up to 6 months a fine ofup to $1000 or by both that imprisonment and fine

This bill would add athletic coaches athletic administrators andathletic directors employed by a public or private organization to thelist of individuals who are mandated reporters The bill otlld reqtlirean ptlblie or pri v ate orgflftizationernplo ing flftathletieeoaen Mhletie

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AB 1435 -2-

ftdministrator or Mhletie direetor to hftve provided initiftl trftining byJflfttlM) I 2014 on speeified mfttters relMing to ehiM a-bttse ftftdnegleetfor those employees On ftftd ftfter lftnuftry 12014 the bill vvottld reeJtlireinitiftl trftining to be pro vided IV ithin 6 months of the dMe ftn indi vidttftlbeeomes employed in thM eftlfteiry The bill vvouM require theseindividuftls to eomplete eontifttling tminmg every 2 yeMs

By imposing the reporting requirements on a new class of personsfor whom failure to report specified conduct is a crime ftftdby imposingne~ trftining reeJtlirements on publie oIgftfiiZMions ineluding loeftlgOvernment entities this bill would impose a state-mandated localprogram

The Cftlifomift Constittltion reqtlires the stMe to reimbtlfse loeftlftgeneies ftnd sehool distriets for eertftin eosts mftftdMed by the stftteStftttltory pItYvisions esffiblish proeedtlfes for mftkffigthftt reimbtlfsement

This bill hould pro vide thM 4vith regMd to eertftin mftftdfttes noIeimbtlfsement is reeJtlired by this ftet for ft speeified reftson

Vith regftM to ftny other mftndMeS this bill vv0tlM pro vide thM if theCommission on StMe ~bndtltes determines thM the bill eontftins eostsso mftndftted by the stftte reimbttIsement for those eosts shftll be mftdeptlfStlftnt to the stftttltory pro visions noted ttbo ve

The California Constitution requires the state to reimburse localagencies and school districts for certain costs mandated by the stateStatutory provisions establish procedures for making thatreimbursement

This bill would provide that no reimbursement is required by this actfor a specified reason

Vote majority Appropriation no Fiscal committee yesState-mandated local program yes

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 111657 of the Penal Code is amended2 to read3 111657 (a) As used in this article mandated reporter is4 defined as any of the following5 (1) A teacher6 (2) An instructional aide7 (3) A teachers aide or teachers assistant employed by any8 public or private schooL9 (4) A classified employee of any public schooL

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20

25

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-3- AB 1435

1 (5) An administrative officer or supervisor of child welfare and2 attendance or a certificated pupil personnel employee of any public3 or private school4 (6) An administrator of a public or private day camp

(7) An administrator or employee of a public or private youth6 center youth recreation program or youth organization7 (8) An administrator or employee of a public or private8 organization whose duties require direct contact and supervision9 of children

(9) Any employee of a county office of education or the State11 Department of Education whose duties bring the employee into12 contact with children on a regular basis13 (10) A licensee an administrator or an employee of a licensed14 community care or child day care facility

(11) A Head Start program teacher16 (12) A licensing worker or licensing evaluator employed by a17 licensing agency as defined in Section 111651118 (13) A public assistance worker19 (14) An employee of a child care institution including but not

limited to foster parents group home personnel and personnel of21 residential care facilities22 (15) A social worker probation officer or parole officer23 (16) An employee of a school district police or security24 department

(17) Any person who is an administrator or presenter of or a26 counselor in a child abuse prevention program in any public or27 private school28 (18) A district attorney investigator inspector or local child29 support agency caseworker unless the investigator inspector or

caseworker is working with an attorney appointed pursuant to31 Section 317 of the Welfare and Institutions Code to represent a32 mmor33 (19) A peace officer as defined in Chapter 45 (commencing34 with Section 830) of Title 3 of Part 2 who is not otherwise

described in this section36 (20) A firefighter except for volunteer firefighters37 (21) A physician and surgeon psychiatrist psychologist dentist38 resident intern podiatrist chiropractor licensed nurse dental39 hygienist optometrist marriage and family therapist clinical social

worker professional clinical counselor or any other person who

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AB 1435 -4-

is currently licensed under Division 2 (commencing with Section500) of the Business and Professions Code

(22) Any emergency medical technician I or II paramedic orother person certified pursuant to Division 25 (commencing withSection 1797) of the Health and Safety Code

(23) A psychological assistant registered pursuant to Section2913 of the Business and Professions Code

(24) A marriage and family therapist trainee as defined insubdivision (c) of Section 498003 of the Business and ProfessionsCode

(25) An unlicensed marriage and family therapist internregistered under Section 498044 of the Business and ProfessionsCode

(26) A state or county public health employee who treats a minorfor venereal disease or any other condition

(27) A coroner(28) A medical examiner or any other person who performs

autopsies(29) A commercial film and photographic print processor as

specified in subdivision (e) of Section 11166 As used in thisarticle commercial film and photographic print processor meansany person who develops exposed photographic film into negativesslides or prints or who makes prints from negatives or slides forcompensation The term includes any employee of such a personit does not include a person who develops film or makes prints fora public agency

(30) A child visitation monitor As used in this article childvisitation monitor means any person who for financialcompensation acts as monitor of a visit between a child and anyother person when the monitoring of that visit has been orderedby a court of law

(31) An animal control officer or humane society officer Forthe purposes ofthis article the following terms have the followingmeanings

(A) Animal control officer means any person employed by acity county or city and county for the purpose of enforcing animalcontrol laws or regulations

(B) Humane society officer means any person appointed oremployed by a public or private entity as a humane officer who is

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-5- AB 1435

qualified pursuant to Section 14502 or 14503 of the CorporationsCode

(32) A clergy member as specified in subdivision (d) of Section11166 As used in this article clergy member means a priestminister rabbi religious practitioner or similar functionary of achurch temple or recognized denomination or organization

(33) Any custodian of records of a clergy member as specifiedin this section and subdivision (d) of Section 11166

(34) Any employee of any police department county sheriffsdepartment county probation department or county welfaredepartment

(35) An employee or volunteer of a Court Appointed SpecialAdvocate program as defined in Rule 1424 ofthe California Rulesof Court

(36) A custodial officer as defined in Section 8315(37) Any person providing services to a minor child under

Section 12300 or 123001 of the Welfare and Institutions Code(38) An alcohol and drug counselor As used in this article an

alcohol and drug counselor is a person providing counselingtherapy or other clinical services for a state licensed or certifieddrug alcohol or drug and alcohol treatment program Howeveralcohol or drug abuse or both alcohol and drug abuse is not inand of itself a sufficient basis for reporting child abuse or neglect

(39) A clinical counselor trainee as defined in subdivision (g)of Section 499912 of the Business and Professions Code

(40) A clinical counselor intern registered under Section 499942of the Business and Professions Code

(41) An athletic coach athletic administrator or athletic directoremployed by a public or private organization including but notlimited to schools and instittttions of higher e6ueation thatprovidekindergarten or any of grades 1 to 12 inclusive

(b) Except as provided in paragraph (35) of subdivision (a)volunteers of public or private organizations whose duties requiredirect contact with and supervision of children are not mandatedreporters but are encouraged to obtain training in the identificationand reporting of child abuse and neglect and are further encouragedto report known or suspected instances of child abuse or neglectto an agency specified in Section 111659

(c) Employers are strongly encouraged to provide theiremployees who are mandated reporters with training in the duties

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AB 1435 -6-

imposed by this article This training shall include training in childabuse and neglect identification and training in child abuse andneglect reporting Whether or not employers provide theiremployees with training in child abuse and neglect identificationand reporting the employers shall provide their employees whoare mandated reporters with the statement required pursuant tosubdivision (a) of Section 111665

(d) School districts that do not train their employees specifiedin subdivision (a) in the duties of mandated reporters under thechild abuse reporting laws shall report to the State Department ofEducation the reasons why this training is not provided

(e) Unless otherwise specifically provided the absence oftraining shall not excuse a mandated reporter from the dutiesimposed by this article

(f) Public and private organizations are encouraged to providetheir volunteers whose duties require direct contact with andsupervision of children with training in the identification andreporting of child abuse and neglect

(g) (1) On 6r befure Jttmtary 1 2014 ttll) pttblie 6r privflie6rganizttti6ftemp16ing ttft Mhletie e6tteh Mhletie ttdmimstrltt6r6r Mhletie direet6r ttSspeeified ift pMttgrttph (41) 6f sttbdivisi6ft(tt) shttll pr6 vide iftitittl trttining f6r th6se empl~ ees 6n thefull6vvingmtttters

(A) The identifiettti6n 6f ehild ttbttse ttnd negleet(D) Aeti vities thttt e6ftstitttte inltppr6prittte ttftd illegttl e6ntttet

betiveen tt 6tlth ltftd ltft ttthietie e6tteh Mhletie ttdmiftistrttt6r 6rttthietie direet6r

(6) The resp6nsibilities 6f tt pers6n identified lIStt mttndfliedrep6rter in this seeti6n ineIttding btl ft6t limited t6 ttll 6f thefull6 vving

(i) T6 ~h6m tt rep6rt is reqtlired t6 be mttde(ii) The inf6rmttti6n thttt is reqttired t6 be ifte1ttdedin tt rep6rt(iii) The time vvithiftvvhieha mandated rep6rter is reqttired t6

file tt rep6rt(2) Initittl training shall be pr6vided b perS6ftSkn6vvledgeltble

ift the identifiettti6n 6fehild aettse ttnd negleet inltppf6prittte ltftdillegal e6ntaet bem eena 6ttth and ltftadttIt ltftdstatttt6ry rep6rtingreqttiremeftts ltftdshttll e6nsist 6ftw6 h6ttrs 6felassr66m 6r 6therinteraetive trainiftg ltftdedttettti6n

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-7- AB 1435

1 (h) Commeneing on fmd aftel Jfmtlftry12014 fmofgfmization2 speeified in sttbdivision (g) shaHpro ide initial training within six3 months of the date that fm individtutl beeomes empleryed as an4 Mhletie eoaeh athletie administrator or athletie direetor ttnless5 the indi idttal reeei ed training Hithin tw0 years prior to the date6 the indi idtlal is empleryed An Mhletie eoaeh athletie7 administrator or athletie direetor Hho has leeeied initial training8 ptlfStlafttto sttbdiision (g) shall eomplete eontifttling training9 thereafter onee eery two years eonsisting of one hottf of

10 elassroom or other interaeti e training fmd edtteation11 SEC 2 No reimbtlrsement is reqtlired by this aet pttfStlafttto12 Seetion 6 ofArtiele )GIlD of the California Constitution for eertain13 eosts that may be inetllTed by a loeal ageney or sehool distriet14 beeatlse ift that regard this aet ereates a nev erime or infraetion15 eliminates a erime or infraetion or ehfmges the penalty fOfa erime16 or inflaetion Hithin the meaning of Seetion 17556 of the17 Goemment Code or ehanges the definition ofa elime Hithin the18 meaning of Seetion 6 of Aniele XIII D of the Califomia19 Constitution20 IIo~eer if the Commission on State Mfmdates determines that21 this aet eontainsother eosts mfmdated by the state reimbttfsement22 to loeal ageneies fmd sehool distliets for those eosts shall be made23 ptlfStlafttto Part 7 (eommeneing Hith Seetion 17500) of Division24 4 of Title 2 of the Goemment Code25 SEC 2 No reimbursement is required by this act pursuant to26 Section 6 of Article XIII B of the California Constitution because27 the only costs that may be incurred by a local agency or school28 district will be incurred because this act creates a new crime or29 infraction eliminates a crime or infraction or changes thepenalty30 for a crime or infraction within the meaning of Section 17556 of31 the Government Code or changes the definition of a crime within32 the meaning of Section 6 of Article XIII B of the California33 Constitution

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AB 1904 Assembly Bill Status

MEASURE AUTHOR(S)TOPIC

HOUSE

CURRENT BILL STATUS

AB No 1904Block Butler and

Professions and vocationslicenses

LOCATION

Cookmilitary spouses temporary

TYPE OF BILL

SEN

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyAppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpub11-12billasmab _1901-1950ab _1904_ bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes Noes OOPASS17

An act to add Section 1155 to the Business andProfessions Code relating to professions and vocationsand making an appropriation therefor

-

AB 1588 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1588AUTHOR(S) Atkins (Principal coauthors Cook and Nielsen)

(Coauthors Block Beth Gaines Pan V Manuel PerezWilliams and Yamada)

TOPIC Professions and vocations reservist licensees fees andcontinuing education

HOUSE LOCATION SEN+LAST AMENDED DATE 03052012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS forLAST

LAST

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

TITLE An act to add Section 1143 to the Business andProfessions Code relating to professions and vocations

htlpllwwwleginfocagovpubll-12Ibillasmlab _1551-1600ab _1588 _bill_20120601_statu 652012

middot

AMENDED IN ASSEMBLY MARCH 5 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1588

Introduced by Assembly Member Atkins(Principal coauthors Assembly Members Cook and Nielsen)

(Coauthors Assembly Members Block Beth Gaines PanV Manuel Perez Williams and Yamada)

February 6 2012

An act to add Section 1143 to the Business and Professions Coderelating to professions and vocations

LEGISLATIVE COUNSELS DIGEST

AB 1588 as amended Atkins Professions and vocations reservistlicensees fees and continuing education

Existing law provides for the regulation of various professions andvocations by boards commissions or bureaus within the Departmentof Consumer Affairs and for the licensure or registration of individualsin that regard Existing law authorizes any licensee whose licenseexpired while he or she was on active duty as a member of the CaliforniaNational Guard or the United States Armed Forces to reinstate his orher license without examination or penalty if certain requirements aremet

This bill would require the boards commissions or bureaus describedabove to waive the renewal fees and continuing education requirementsif either is applicable of any licensee or registrant who is a reservistcalled to active duty as a member of the United States Military Reserveor the California National Guard if certain requirements are met

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

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AB 1588 -2-

Thepeople of the State of Califomi a do enact asfollows

1 SECTION 1 Section 1143 is added to the Business and2 Professions Code to read3 1143 Notwithstanding any other provision oflaw everyboard4 commission or bureau within the department shall waive the5 renewal fees and continuing education requirements if either is6 applicable for any licensee or registrant who is a reservist called7 to active duty as a member of the United States Military Reserve8 or the California National Guard if all of the following9 requirements are met

10 (a) The licensee or registrant was in good standing with the11 board commission or bureau at the time the reservist was called12 to active duty13 (b) The renewal fees or continuing education requirements are14 waived only for the period during which the reservist is on active15 duty service16 (c) The active duty reservist or the active duty reservists spouse17 or registered domestic partner provides written notice satisfactory18 to the board commission or bureau that substantiates the19 reservists active duty service

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AB 1896 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1896AUTHOR(S) ChesbroTOPIC Tribal health programs health care practitionersHOUSE LOCATION SEN+LAST AMENDED DATE 03272012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATIONCOMM ACTION DATECOMM ACTIONCOMM VOTE SUMMARY

ASM

05172012Referred to Com on B P amp EDBUSINESS PROFESSIONS AND CONSUMER PROTECTION04102012

Do passAyes 09 Noes OOPASS

TITLE An act to amend the heading of Article 10 (commencingwith Section 710) of Chapter 1 of Division 2 of and toadd Section 719 to the Business and Professions Coderelating to healing arts

httpwwwleginfocagovpubI11-12lbillasmab_1851-1900ab_1896_bill_20120517 _statu 652012

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AMENDED IN ASSEMBLY MARCH 27 2012

CALIFORNIA LEGISLATURE-20II-12 REGULAR SESSION

ASSEMBLY BILL No 1896

Introduced by Assembly Member Chesbro

February 222012

An act to amend the heading of Article 10 (commencing with Section710) of Chapter 1 of Division 2 of and to add Section 719 to theBusiness and Professions Code relating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1896 as amended Chesbro Tribal health programs health carepractitioners

Under existing federal law licensed health professionals employedby a tribal health program are required to be exempt if licensed in anystate from the licensing requirements of the state in which the tribalhealth program performs specified services A tribal health program isdefined as an Indian tribe or tribal organization that operates any healthprogram service function activity or facility funded in whole or partby the Indian Health Service

Existing law provides for the licensure and regulation of health carepractitioners by various healing arts boards within the Department ofConsumer Affairs

This bill would codify that federal requirement by specifying that aperson who is licensed as a health care practitioner in any other stateand is employed by a tribal health program is exempt from any statelicensing requirement with respect to acts authorized under thepersonslicense where the tribal health program performs specified services

Vote majority Appropriation no Fiscal committee noState-mandated local program no

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AD 1896 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 The heading of Article 10 (commencing with2 Section 710) of Chapter 1 of Division 2 of the Business and3 Professions Code is amended to read456789

101112131415161718192021

Article 10 Federal Personnel and Tribal Health Programs

SEC 2 Section 719 is added to the Business and ProfessionsCode to read

719 (a) A person who is licensed as a health care practitionerin any other state and is employed by a tribal health program asdefined in Section 1603 of Title 25 of the United States Code shallbe exempt from any licensing requirement described in this divisionwith respect to acts authorized under the persons license wherethe tribal health program performs the services described in thecontract or compact of the tribal health program under the IndianSelf-Determination and Education Assistance Act (25 USC Sec450 et seq)

(b) For purposes of this section health care practitioner meansany person who engages in acts that are the subject of licensureor regulation under this division or Ml) initiative 8et referred to inthis division the law of any other state

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CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1904

Introduced by Assembly Members Block Butler and Cook

February 222012

An act to add Section 1155 to the Business and Professions Coderelating to professions and vocations and making an appropriationtherefor

LEGISLATIVE COUNSELS DIGEST

AB 1904 as introduced Block Professions and vocations militaryspouses temporary licenses

Existing law provides for the licensure and regulation of variousprofessions and vocations by boards within the Department of ConsumerAffairs Existing law provides for the issuance of reciprocal licenses incertain fields where the applicant among other requirements has alicense to practice within that field in another jurisdiction as specifiedUnder existing law licensing fees imposed by certain boards withinthe department are deposited in funds that are continuously appropriated

This bill would authorize a board within the department to issue atemporary license to an applicant who among other requirements holdsan equivalent license in another jurisdiction as specified and is marriedto or in a legal union with an active duty member of the Armed Forcesofthe United States who is assigned to a duty station in California underofficial active duty military orders The bill would require a board toexpedite the process for issuing these temporary licenses The bill wouldrequire the applicant to pay any fees required by the board and wouldrequire that those fees be deposited in the fund used by the board toadminister its licensing program To the extent that the bill would

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AB 1904 -2-

increase the amount of money deposited into a continuously appropriatedfund the bill would make an appropriation

Vote majority Appropriation yes Fiscal committee yesState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 1155 is added to the Business and2 Professions Code to read3 1155 (a) A board within the department may issue a4 temporary license to an applicant who meets all of the following5 requirements6 (l) Submits an application in the manner prescribed by the7 board8 (2) Supplies evidence satisfactory to the board that the applicant9 is married to or in a domestic partnership or other legal union

10 with an active duty member of the Armed Forces of the United11 States who is assigned to a duty station in this state under official12 active duty military orders13 (3) Holds a current license in another state district or territory14 of the United States with the requirements that the board determines15 are substantially equivalent to those established under this code16 for that occupation17 (4) Has not committed an act in anyjurisdiction that would have18 constituted grounds for denial suspension or revocation of the19 license under this code at the time the act was committed20 (5) Has not been disciplined by a licensing entity in another21 jurisdiction and is not the subject of an unresolved complaint22 review procedure or disciplinary proceeding conducted by a23 licensing entity in another jurisdiction24 (6) Pays any fees required by the board Those fees shall be25 deposited in the applicable fund or account used by the board to26 administer its licensing program27 (7) Submits fingerprints and any applicable fingerprinting fee28 in the manner required of an applicant for a regular license29 (b) A board shall expedite the procedure for issuing a temporary30 license pursuant to this section31 (c) A temporary license issued under this section shall be valid32 for 180 days except that the license may at the discretion of the

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-3- AB 1904

I board be extended for an additional180-day period on application2 of the license holder3 (d) A board may adopt regulations necessary to administer this4 section

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99

AB 1932 Assembly Bill Status

MEASURE AUTHOR(S)TOPICHOUSE+LAST

CURRENT BILL STATUS

AB No 1932Gorell (Coauthor Cook)

United States armed services healing arts boardsLOCATION SENAMENDED DATE 04172012

TYPE OF BILL

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpubI11-12Ibillasmab_1901-1950ab_1932_bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

An act to add Section 7102 to the Business andProfessions Code relating to healing arts

-

AMENDED IN ASSEMBLY APRIL 172012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1932

Introduced by Assembly Member-Ceek Gorell(Coauthor Assembly Member Cook)

February 222012

An act to add Section 7102 to the Business and Professions Coderelating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1932 as amended euroook Gorell United States armed serviceshealing arts boards

Existing law provides for the licensure and regulation of varioushealing arts professions and vocations by boards within the Departmentof Consumer Affairs Existing law requires the rules and regulations ofthese healing arts boards to provide for methods of evaluating educationtraining and experience obtained in military service if such training isapplicable to the requirements of the particular profession or vocationregulated by the board Under existing law the Department of VeteransAffairs has specified powers and duties relating to various programsserving veterans

This bill would require by January 12014 and annually thereafterevery healing arts board to issue a specified written report to theDepartment of Veterans Affairs and the Legislature as specified thatclearly details the methods of evaluating the education training andexperience obtained in military service and whether that educationtraining and experience is applicable to the boards requirements forlicensure The bill would declare the intent of the Legislature in thisregard

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AB 1932 -2-

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 710 of the Business and Professions Code2 was enacted in 1969 and because healing arts boards have not3 demonstrated significant compliance with that section it is the4 intent of the Legislature to establish an annual reporting5 requirement to compel these boards to provide information about6 the methods of evaluating education training and experience7 obtained in military service in order to meet the needs of the8 upcoming wave of armed service members returning to civilian9 life

10 SEC 2 Section 7102 is added to the Business and Professions11 Code to read12 7102 (a) By January 12014 and annually thereafter every13 healing arts board described in this division shall issue a written14 report to the Department of Veterans Affairs and to the Legislature15 that clearly details the methods of evaluating the education16 training and experience obtained in military service and whether17 that education training and experience is applicable to the boards18 requirements for licensure This written report shall include but19 not be limited to quantitative information about the number of20 service members who have applied for and have used their military21 education training and experience to fulfill the boards22 requirements for licensure23 (b) (1) The requirement to submit a report to the Legislature24 under subdivision (a) shall be inoperative on January 1 201825 pursuant to Section 102315 of the Government Code26 (2) A report to the Legislature shall be submitted in compliance27 with Section 9795 of the Government Code

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      • DISCUSSION AND POSSIBLE ACTION REGARDING PENDING LEGISLATION
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Page 16: DISCUSSION ANDPOSSIBLE ACTION REGARDING PENDING … · 2012-06-14  · Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of2010 (PublicLaw 111-152)

AB 439 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPICHOUSE+LAST

AB No 439Skinner

Health care informationLOCATION SENAMENDED DATE 06282011

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 07052011LAST HIST ACTION In committee Set first hearing Held without

recommendationCOMM LOCATION SEN JUDICIARY

TITLE An act to amend Section 5636 of the Civil Coderelating to health care information

httpwwwleginfocagovpub11-12billasmab_0401-0450ab _439 _bill_20120509 _status 652012

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AMENDED IN SENATE JUNE 28 2011

AMENDED IN ASSEMBLY MAY 182011

AMENDED IN ASSEMBLY APRIL 7 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 439

Introduced by Assembly Member Skinner

February 142011

An act to amend Section 5636 of the Civil Code relating to healthcare information

LEGISLATIVE COUNSELS DIGEST

AB 439 as amended Skinner Health care informationExisting law the Confidentiality of Medical Information Act (CMIA)

prohibits a health care provider a contractor or a health care serviceplan from disclosing medical information as defined regarding a patientof the provider or an enrollee or subscriber of the health care serviceplan without first obtaining an authorization except as specified Inaddition to other remedies available existing law authorizes anindividual to bring an action against any person or entity who hasnegligently released his or her confidential records in violation ofthoseprovisions for nominal damages of$lOOO

This bill would specify that in an action brought on or after January1 2012 a court may not award nominal damages if the defendantestablishes specified factors as an affirmative defense including butnot limited to that it is a covered entity as defined and has compliedwith any obligations to notify persons entitled to receive notice regardingthe release of the information The bill would also make a technicalnonsubstantive change

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Vote majority Appropriation no Fiscal committee noState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 5636 of the Civil Code is amended to2 read3 5636 (a) Any violation of the provisions of this part that4 results in economic loss or personal injury to a patient is punishable5 as a misdemeanor6 (b) In addition to any other remedies available at law any7 individual may bring an action against any person or entity who8 has negligently released confidential information or records9 concerning him or her in violation of this part for either or both

10 of the following11 (1) Except as provided in subdivision (e) nominal damages of12 one thousand dollars ($1000) In order to recover under this13 paragraph it shall not be necessary that the plaintiff suffered or14 was threatened with actual damages15 (2) The amount of actual damages if any sustained by the16 patient17 (c) (l) In addition any person or entity that negligently18 discloses medical information in violation of the provisions of this19 part shall also be liable irrespective of the amount of damages20 suffered by the patient as a result of that violation for an21 administrative fine or civil penalty not to exceed two thousand22 five hundred dollars ($2500) per violation23 (2) (A) Any person or entity other than a licensed health care24 professional who knowingly and willfully obtains discloses or25 uses medical information in violation of this part shall be liable26 for an administrative fine or civil penalty not to exceed twenty-five27 thousand dollars ($25000) per violation28 (B) Any licensed health care professional who knowingly and29 willfully obtains discloses or uses medical information in violation30 of this part shall be liable on a first violation for an administrative31 fine or civil penalty not to exceed two thousand five hundred32 dollars ($2500) per violation or on a second violation for an33 administrative fine or civil penalty not to exceed ten thousand34 dollars ($10000) per violation or on a third and subsequent35 violation for an administrative fine or civil penalty not to exceed

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twenty-five thousand dollars ($25000) per violation Nothing inthis subdivision shall be construed to limit the liability of a healthcare service plan a contractor or a provider of health care that isnot a licensed health care professional for any violation of thispart

(3) (A) Any person or entity other than a licensed health careprofessional who knowingly or willfully obtains or uses medicalinformation in violation of this part for the purpose of financialgain shall be liable for an administrative fine or civil penalty notto exceed two hundred fifty thousand dollars ($250000) perviolation and shall also be subject to disgorgement of any proceedsor other consideration obtained as a result of the violation

(B) Any licensed health care professional who knowingly andwillfully obtains discloses or uses medical information in violationofthis part for financial gain shall be liable on a first violation foran administrative fine or civil penalty not to exceed five thousanddollars ($5000) per violation or on a second violation for anadministrative fine or civil penalty not to exceed twenty-fivethousand dollars ($25000) per violation or on a third andsubsequent violation for an administrative fine or civil penalty notto exceed two hundred fifty thousand dollars ($250000) perviolation and shall also be subject to disgorgement of any proceedsor other consideration obtained as a result ofthe violation Nothingin this subdivision shall be construed to limit the liability of ahealth care service plan a contractor or a provider of health carethat is not a licensed health care professional for any violation ofthis part

(4) Nothing in this subdivision shall be construed as authorizingan administrative fine or civil penalty under both paragraphs (2)and (3) for the same violation

(5) Any person or entity who is not permitted to receive medicalinformation pursuant to this part and who knowingly and willfullyobtains discloses or uses medical information without writtenauthorization from the patient shall be liable for a civil penalty notto exceed two hundred fifty thousand dollars ($250000) perviolation

(d) In assessing the amount of an administrative fine or civilpenalty pursuant to subdivision (c) the Office of HealthInformation Integrity licensing agency or certifying board orcourt shall consider anyone or more of the relevant circumstances

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presented by any of the parties to the case including but not limitedto the following

(1) Whether the defendant has made a reasonable good faithattempt to comply with this part

(2) The nature and seriousness of the misconduct(3) The harm to the patient enrollee or subscriber(4) The number of violations(5) The persistence of the misconduct(6) The length of time over which the misconduct occurred(7) The willfulness of the defendants misconduct(8) The defendants assets liabilities and net worth(e) (1) In an action brought by an individual pursuant to

subdivision (b) on or after January 12012 the court shall awardany actual damages and reasonable attorneys fees and costs butmay not award nominal damages for a violation of this part if thedefendant establishes all of the following as an affirmative defense

(A) The defendant is a covered entity as defined in Section160103 of Title 45 of the Code of Federal Regulations

(B) The defendant has complied with any obligations to notifyall persons entitled to receive notice regarding the release of theinformation or records

(C) The release of confidential information or records was solelyto another covered entity

(D) The defendant took appropriate preventive actions to protectthe confidential information or records against release retentionor use by any person or entity other than the covered entity thatreceived the information or records including but not limited to

(i) Developing and implementing security policies andprocedures

(ii) Designating a security official who is responsible fordeveloping and implementing its security policies and proceduresincluding educating and training the workforce

(iii) Encrypting the information or records and protectingagainst the release or use of the encryption key and passwords ortransmitting the information or records in a manner designed toprovide similar protections against improper disclosures

(E) The defendant took appropriate corrective action after therelease of the confidential records or information and the coveredentity that received the information or records immediatelydestroyed or returned the information or records

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-5- AB439

(F) The covered entity that received the confidential informationor records did not retain use or release the information or records

(G) The defendant has not Ifeviettsl) vielateti this IMt ef inthe eettrls tiisefetieft tieslite the Ifief vielatieftbeenfound liablefor a violation of this part within the three years preceding thealleged violation or the court determines that application of theaffirmative defense is found to be compelling and consistent withthe purposes ofthis section to promote reasonable conduct in lightof all the facts

(2) In an action under this subdivision a plaintiff shall beentitled to recover reasonable attorneys fees and costs withoutregard to an award of actual or nominal damages

(3) A defendant shall not be liable for more than one judgmenton the merits for a violation of this subdivision

(f) (1) The civil penalty pursuant to subdivision (c) shall beassessed and recovered in a civil action brought in the name of thepeople of the State of California in any court of competentjurisdiction by any of the following

(A) The Attorney General(B) Any district attorney(C) Any county counsel authorized by agreement with the

district attorney in actions involving violation of a countyordinance

(D) Any city attorney of a city(E) Any city attorney of a city and county having a population

in excess of 750000 with the consent of the district attorney(F) A city prosecutor in any city having a full-time city

prosecutor or with the consent of the district attorney by a cityattorney in any city and county

(G) The Director of the Office of Health Information Integritymay recommend that any person described in subparagraphs (A)to (F) inclusive bring a civil action under this section

(2) If the action is brought by the Attorney General one-halfofthe penalty collected shall be paid to the treasurer of the countyin which the judgment was entered and one-half to the GeneralFund If the action is brought by a district attorney or countycounsel the penalty collected shall be paid to the treasurer of thecounty in which the judgment was entered Except as provided inparagraph (3) if the action is brought by a city attorney or cityprosecutor one-half of the penalty collected shall be paid to the

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1 treasurer of the city in which the judgment was entered and one-half2 to the treasurer of the county in which the judgment was entered3 (3) If the action is brought by a city attorney of a city and4 county the entire amount of the penalty collected shall be paid to5 the treasurer of the city and county in which the judgment was6 entered7 (4) Nothing in this section shall be construed as authorizing8 both an administrative fine and civil penalty for the same violation9 (5) Imposition of a fine or penalty provided for in this section

10 shall not preclude imposition of any other sanctions or remedies11 authorized by law12 (6) Administrative fines or penalties issued pursuant to Section13 128015 of the Health and Safety Code shall offset any other14 administrative fine or civil penalty imposed under this section for15 the same violation16 (g) For purposes of this section knowing and willful shall17 have the same meanings as in Section 7 of the Penal Code18 (h) No person who discloses protected medical information in19 accordance with the provisions of this part shall be subject to the20 penalty provisions of this part

o

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AB 518 Assembly Bill Status Page I of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPICHOUSE+LAST

AB No 518Wagner

Elder and dependentLOCATION SENAMENDED DATE

adult abuse mandated reporters

03232011

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATION

06062011In committee Hearing postponed by committee

SEN BANKING AND FINANCIAL INSTITUTIONS

TITLE An act to repeal Section 7480 of the Government Codeand to amend Section 156301 of and to amend and repealSections 15633 15634 15640 and 156555 of theWelfare and Institutions Code relating to elder anddependent adult abuse

httpwwwleginfocagovpubll-12Ibillasmab_ 0501-0550ab_518_bill_2011 0615_status 652012

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AMENDED IN ASSEMBLY MARCH 23 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 518

Introduced by Assembly Member Wagner

February 152011

Aft aet to amend Seetion 156301 of the Welfare and InstittttionsCode relating to elder abtlse An act to repeal Section 7480 of theGovernment Code and to amend Section 156301 of and to amend andrepeal Sections 15633 15634 15640 and 156555 of the Welfare andInstitutions Code relating to elder and dependent adult abuse

LEGISLATIVE COUNSELS DIGEST

AB 518 as amended Wagner Elder and dependent adult abusemandated reporters

Existing law the Elder Abuse and Dependent Adult Civil ProtectionAct establishes procedures for the reporting investigation andprosecution of elder and dependent adult abuse including but notlimited to financial abuse as defined These procedures require personsdefined as mandated reporters to report known or suspected instancesof elder or dependent adult abuse A violation of the reportingrequirements by a mandated reporter is a misdemeanor Existing lawwhich will be repealed on January 12013 defines who is a mandatedreporter of suspected financial abuse of an elder or dependent adult Aviolation ofthe financial abuse reporting requirements is subject to civilpenalties

This bill would delete the January 1 2013 repeal date and makeconforming changes

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

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15

20

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AB518 -2-

The people of the State of California do enact asfollows

1 SECTION 1 Section 7480 of the Government Code as2 amended by Section 2 of Chapter 234 of the Statutes of 2008 is3 repealed4 7480 Nothing in this ehapter prohibits an) of the following

(a) The dissemination of an) finaneial information that is not6 identified with or identifiable as being deri ved from the fiftMleial7 reeords of a partietllar etlstomer8 (b) When any poliee or sheriffs department or distriet attorney9 in this state eertines to a bank eredit tlftion or savin-gsassoeiation

in 4vritingthat a erime report has been filed that involves the11 alleged fratldttlent tlse of drafts eheeks or other orders drawfl12 tlJon MtY bank eredit tlftion or Sltv ings assoeiation in this state13 the poliee or sheriffs department or distriet attomey a eotlnty14 adttlt proteeti-ve sen iees oftiee 4vhen investigating the finaneial

abttse of an elder or dependent adttlt or a long term eare16 ombttdsman when investigating the finaneial abttse of an elder or17 dependent adttlt rna reqtlest a bank eredit tlftion or savings18 assoeiation to fttmish and a bank eredit tlftion or savings19 assoeiation shall fttmish a statement setting forth the folIowing

information with respeet to a etlstomer aeeotlnt speeified b) the21 reqttesting parry for a period 30 da s prior to and tlJ to 30 da) s22 following the date ofoeetnTenee of the alleged illegal aet invohin-g23 the aeeotlftt24 (1) The Itttftlber of items dishonored

(2) The nttmber of items paid that ereated Oierdrafts26 (3) The dollar volttme of the dishonored items and items paid27 whieh ereated overdrafts and a statement explaining an) eredit28 atTangementbetween the bank eredit tlftion or savin-gsassoeiation29 and etlstomer to pa) 0verdrafts

(4) The dates and amotlnts of deposits and debits and the aeeotlftt31 balanee on these dates32 (5) A eoJry of the signattlre eard inelttding the signattlre and33 an) addresses appearing on a etlstomers signattlre eard34 (6) The date the aeeottnt opened and ifapplieable the date the

aeeotlnt elosed36 (7) A bank eredit tlftion or saTvingsassoeiation that proiides37 the reqtlesting part) vvith eopies of one or more eomplete aeeottnt

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-11- AB518

the taxpa er (2) the (iireet deposit refund bullbullas not rettlmed to theFranehise Tax Board and (3) the remnd TnaSdeposited direetlyon a speeifled date into the aeeotlftt of an aeeotmtholder of theflnaneial instittttion bullbullho bullbullas not entitled to reeei v e the refttndthen the flnaneial instittttion shall fttntish to the Franehise TaxBoard the name and address ofan eoo w ner eosigtter or an otherperson bullbullho had aeeess to the mnds in the aeeotlttt follo bullbulling thedate ofdiIeet deposit refund or if the aeeotmt has been dosed thename and address of the person bullbullho dosed the aeeOtlftt

(s) This seetion shall beeome operati v e on Jaftttary 1 2013SECTION 1SEC 2 Section 156301 of the Welfare and Institutions Code

is amended to read156301 (a) As used in this section mandated reporter of

suspected financial abuse of an elder or dependent adult meansall officers and employees of financial institutions

(b) As used in this section the term financial institution meansany of the following

(l) A depository institution as defined in Section 3(c) of theFederal Deposit Insurance Act (12 USC Sec 1813(c))

(2) An institution-affiliated party as defined in Section 3(u) ofthe Federal Deposit Insurance Act (12 USC Sec 1813(u))

(3) A federal credit union or state credit union as defined inSection 101 ofthe Federal Credit Union Act (12 USC Sec 1752)including but not limited to an institution-affiliated party of acredit union as defined in Section 206(r) of the Federal CreditUnion Act (12 USc Sec 1786(r))

(c) As used in this section financial abuse has the samemeaning as in Section 1561030

(d) (l) Any mandated reporter of suspected financial abuse ofan elder or dependent adult who has direct contact with the elderor dependent adult or who reviews or approves the elder ordependent adults financial documents records or transactionsin connection with providing financial services with respect to anelder or dependent adult and who within the scope of his or heremployment or professional practice has observed or hasknowledge of an incident that is directly related to the transactionor matter that is within that scope of employment or professionalpractice that reasonably appears to be financial abuse or whoreasonably suspects that abuse based solely on the information

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before him or her at the time of reviewing or approving thedocument record or transaction in the case of mandated reporterswho do not have direct contact with the elder or dependent adultshall report the known or suspected instance of financial abuse bytelephone immediately or as soon as practicably possible and bywritten report sent within two working days to the local adultprotective services agency or the local law enforcement agency

(2) When two or more mandated reporters jointly haveknowledge or reasonably suspect that financial abuse of an elderor a dependent adult for which the report is mandated has occurredand when there is an agreement among them the telephone reportmay be made by a member of the reporting team who is selectedby mutual agreement A single report may be made and signed bythe selected member of the reporting team Any member of theteam who has knowledge that the member designated to report hasfailed to do so shall thereafter make that report

(3) If the mandated reporter knows that the elder or dependentadult resides in a long-term care facility as defined in Section1561047 the report shall be made to the local ombudsman or locallaw enforcement agency

(e) An allegation by the elder or dependent adult or any otherperson that financial abuse has occurred is not sufficient to triggerthe reporting requirement under this section if both of the followingconditions are met

(1) The mandated reporter of suspected financial abuse of anelder or dependent adult is aware of no other corroborating orindependent evidence of the alleged financial abuse of an elder ordependent adult The mandated reporter of suspected financialabuse of an elder or dependent adult is not required to investigateany accusations

(2) In the exercise of his or her professional judgment themandated reporter of suspected financial abuse of an elder ordependent adult reasonably believes that financial abuse of anelder or dependent adult did not occur

(f) Failure to report financial abuse under this section shall besubject to a civil penalty not exceeding one thousand dollars($1000) or if the failure to report is willful a civil penalty notexceeding five thousand dollars ($5000) which shall be paid bythe financial institution that is the employer of the mandated

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reporter to the party bringing the action Subdivision (h) of Section15630 shall not apply to violations of this section

(g) (1) The civil penalty provided for in subdivision (f) shallbe recovered only in a civil action brought against the financialinstitution by the Attorney General district attorney or countycounsel No action shall be brought under this section by anyperson other than the Attorney General district attorney or countycounsel Multiple actions for the civil penalty may not be broughtfor the same violation

(2) Nothing in the Financial Elder Abuse Reporting Act of2005shall be construed to limit expand or otherwise modify any civilliability or remedy that may exist under this or any other law

(h) As used in this section suspected financial abuse of anelder or dependent adult occurs when a person who is requiredto report under subdivision (a) observes or has knowledge ofbehavior or unusual circumstances or transactions or a pattern ofbehavior or unusual circumstances or transactions that would leadan individual with like training or experience based on the samefacts to form a reasonable belief that an elder or dependent adultis the victim of financial abuse as defined in Section 1561030

(i) Reports of suspected financial abuse of an elder or dependentadult made by an employee or officer of a financial institutionpursuant to this section are covered under subdivision (b) of Section47 of the Civil Code

SEC 3 Section 15633 of the Welfare and Institutions Codeas amended by Section 5 of Chapter 140 of the Statutes of 2005is amended to read

15633 (a) The reports made pursuant to Sections 15630156301 and 15631 shall be confidential and may be disclosedonly as provided in subdivision (b) Any violation of theconfidentiality required by this chapter is a misdemeanorpunishable by not more than six months in the county jail by afine of five hundred dollars ($500) or by both that fine andimprisonment

(b) Reports of suspected abuse of an elder or dependent adultand information contained therein may be disclosed only to thefollowing

(1) Persons or agencies to whom disclosure of information orthe identity of the reporting party is permitted under Section156335

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(2) (A) Persons who are trained and qualified to serve onmultidisciplinary personnel teams may disclose to one anotherinformation and records that are relevant to the preventionidentification or treatment of abuse of elderly or dependentpersons

(B) Except as provided in subparagraph (A) any personnel ofthe multidisciplinary team or agency that receives informationpursuant to this chapter shall be under the same obligations andsubject to the same confidentiality penalties as the persondisclosing or providing that information The information obtainedshall be maintained in a manner that ensures the maximumprotection of privacy and confidentiality rights

(c) This section shall not be construed to allow disclosure ofany reports or records relevant to the reports of abuse of an elderor dependent adult if the disclosure would be prohibited by anyother provisions of state or federal law applicable to the reports orrecords relevant to the reports of the abuse nor shall it be construedto prohibit the disclosure by a financial institution of any reportsor records relevant to the reports of abuse of an elder or dependentadult if the disclosure would be required of a financial institutionby otherwise applicable state or federal law or court order

(d) This seetion shall remain in dIcet on) tmtilJantmry I 2813and as of that date is repealed unless a later enaeted statute thatis enaeted before JMlt1ary12813 deletes or extends that date

SEC 4 Section 15633 of the Welfare and Institutions Codeas added by Section 6 of Chapter 140 of the Statutes of 2005 isrepealed

15633 (a) The leports made ptlrstlMlt to Seetions 15638 and15631 shall be eonndential and may be diselosed on) as pro videdin stlbdivision (b) AIl) violation of the eonfidetttialrt reqtliredbythis ehapter is a misdemeanor ptlnishable bynot more than sixmoftths in the eounry jail b)l a nne ofn Vehundred dollars ($588)or byboth that nne and imprisonment

(b) Reports of stlspeeted elder 01 dependent adttlt abttse andinfenmation eontained therein may be diselosed only to thefollo vving

(1) Persons or ageneies to vvhomdiselostlfe of information orthe identity of the reporting pMty is permitted tlnder Seetion156335

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(2) EA) Persems who Me trftined Md qtlftlified to sene onmtlltidiseiplinftfjf persoflftel teftll1smfty diselose to one Mlotherinfermtttion Md reeords thftt Me relevflnt to the preventionidentifiefttion or trefttment of ftbttse of elderly or dependentpersons

EB) Exeept ftSpro vided in SMpMftgrftph EA) Mly personnel ofthe ftltlltidiseiplinftry teftftl or ftgeney thftt reeeives informfttionptlrstlftnt to this ehflPtel shftH he tinder the sftme ohligfttions ftndsttbjeet to the sftme eonfidentiftlity penftlties ftS the pelsondisdosing or pro viding thftt infermfttion The informfttion ohtftinedshftH he mftintftined in ft ftlftflfter thftt enstlfes the ftlftXimttmproteetion ofprivftey ftnd eonfidentiftlity rights

Ee) This seetion shftH not he eonstftled to ftHo diselostlfe ofMy reports or reeords rde vMit to the reports of elder or dependentftdttlt ftbttse if the disdostlfe votlld he prohibited hy My other110visions of stftte or federftllft bullbull ftppliefthle to the reports or reeordsrele vftnt to the reports of the flbttse

Ed) This seetion shftH heeome operftti ve on Jftntlftry I 2013SEC 5 Section 15634 of the Welfare and Institutions Code

as amended by Section 7 of Chapter 140 of the Statutes of 2005is amended to read

15634 (a) No care custodian clergy member healthpractitioner mandated reporter of suspected financial abuse of anelder or dependent adult or employee of an adult protectiveservices agency or a local law enforcement agency who reports aknown or suspected instance of abuse of an elder or dependentadult shall be civilly or criminally liable for any report requiredor authorized by this article Any other person reporting a knownor suspected instance of abuse of an elder or dependent adult shallnot incur civil or criminal liability as a result of any reportauthorized by this article unless it can be proven that a false reportwas made and the person knew that the report was false No personrequired to make a report pursuant to this article or any persontaking photographs at his or her discretion shall incur any civil orcriminal liability for taking photographs of a suspected victim ofabuse of an elder or dependent adult or causing photographs to betaken of such a suspected victim or for disseminating thephotographs with the reports required by this article Howeverthis section shall not be construed to grant immunity from thisliability with respect to any other use of the photographs

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(b) No care custodian clergy member health practitionermandated reporter of suspected financial abuse of an elder ordependent adult or employee of an adult protective services agencyor a local law enforcement agency who pursuant to a request froman adult protective services agency or a local law enforcementagency investigating a report of known or suspected abuse of anelder or dependent adult provides the requesting agency withaccess to the victim of a known or suspected instance of abuse ofan elder or dependent adult shall incur civil or criminal liabilityas a result of providing that access

(c) The Legislature finds that even though it has providedimmunity from liability to persons required to report abuse of anelder or dependent adult immunity does not eliminate thepossibility that actions may be brought against those persons basedupon required reports of abuse In order to further limit the financialhardship that those persons may incur as a result of fulfilling theirlegal responsibilities it is necessary that they not be unfairlyburdened by legal fees incurred in defending those actionsTherefore a care custodian clergy member health practitioneror an employee of an adult protective services agency or a locallaw enforcement agency may present to the StMe B6Md 6pound C6ntr61California Victim Compensation and Government Claims Boarda claim for reasonable fttt6meys attorneys fees incurred in anyaction against that person on the basis of making a report requiredor authorized by this article if the court has dismissed the actionupon a demurrer or motion for summary judgment made by thatperson or if he or she prevails in the action The StMe B6ftrd 6fC6ntr61 California Victim Compensation and Government ClaimsBoard shall allow that claim if the requirements ofthis subdivisionare met and the claim shall be paid from an appropriation to bemade for that purpose Att6mey s Attorneys fees awarded pursuantto this section shall not exceed an hourly rate greater than the ratecharged by the Attorney General at the time the award is madeand shall not exceed an aggregate amount of fifty thousand dollars($50000) This subdivision shall not apply if a public entity hasprovided for the defense of the action pursuant to Section 995 ofthe Government Code

(d) This seeti6n shftll remftin in dfeet 6ttly tmtil J8fttlfll)1 2013ftnd ftS6pound thftt dMe is repeftled wIess ft IMer enfteted stMute thMis en8eted before Jftftt18ry12013 deletes 6r extends thM dMe

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SEC 6 Section 15634 of the Welfare and Institutions Codeas amended by Section 711 ojChapter 538 of the Statutes oj2006is repealed

15634 eft) No eMe etlstodimt ele~ member hea-lthpraetitioner or employee of an adttlt proteeti-ve serviees ageneyor a loeal larn enforeement ageney who reports a lrnown orsttspeeted instanee of elder or dependent adtllt abtlse shaHbe eiviHyor eriminalry liable for any report reqttired or attthorizedby thisartiele Any other peIson reporting a lrnOWfior stlspeeted instaneeof elder or dependeItt adttIt abtlse shall not inettr ei vil or eriminalliability as a restllt of any report attthorizedby this artiele ttnlessit ean be pro ven that a false report was made and the person knewthat the report vvasrelse gteJoperson reqtlired to make a reportptlrstlant to this artiele or any person taking photographs at his orher diseretion shall inettr any eivii or eriminalliability fer takingphotographs of a stlspeeted vietim of elder or dependent adtlltabtlse or eattsing photographs to be taken of the stlspeeted vietimor fOIdisseminating the photographs with the reports reqtlired bythis artiele However this seetion shall not be eonstmed to gIantimmttnity from this liability vvithrespeet to any other tlse of thephotographs

(b) No eMe etlstodian el~ member health praetitioner oremployee of an adtlIt proteetive seniees ageney or a loea-l lawenfereemeItt ageney who pttrsttant to a reqtlest from an adttltproteeti-ie seniees ageney or a loeal lavI enforeemeItt ageneyinvestigating a report of lrnOViftor stlspeeted elder or dependentadtllt abtlse proides the reqtlesting ageney with aeeess to thevietim of a lrnovvnor stlspeeted instanee of elder or dependeIttadttlt abtlse shall inettr eiviI or eriminal liability as a restlIt ofpro viding that aeeess

ee) The Legislatttre finds that even thOtlgh it has pIOvidedimmtlnity from liability to peIsons reqtlired to report elder ordependent mit abttse immtlIlity does not eliminate the possibilitythat aetions may be brotlght agamst those persons based tlJ0nreqtlired reports of abtlse In order to fttrther limit the finaneialhardship that those persons may inettr as a resttIt offttlfilling theirlegal responsibilities it is neeessary that they not be tlftreirlybttrdened by legal fees inetlffed in defending those aetionsTherefore a eMeetlstodian ele~ member health praetitioneror employee ofan adttlt proteetive seniees ageney or a loeallffi7t

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enfOieement agene)l ma) present to the CalifeJmia VietimCempensatien and Geemment Claims BeMd a elaim feJrreasenable atteme)s fees inetJifedin any aetien agffinstthat persenen the basis efmMcinga repert reqtlired er attth6rizedb)l this Mtieleif the eeM has dismissed the aetien t1pen a demtlffer el metienfur sttmillM)lj tldgment made b that persen el ifhe er she preailsin the aetien The Califumia Vietim Cempensatien andGeemment Claims Beard shall allew that ehtim if thereqtlirements ef this sttbdi isien Me met and the elaim shall bepaid fl6man fllprepriatien te be made fur that ptllpese Atteme) sfees aarded ptliStlMltto this seetien shall net exeeedan hetlilyrate greater than the late eharged b the Attemey General at thetime the aard is made and sh8llnet exeeedan aggregate amettllteffitty thetlsanBdellMs ($50000) This sttbdF isien shall net applyif a pttblie enti) has pmbullided fer the defense ef the aetien ptlistlantte Seetien 995 ef the Ge emment Cede

(6) This seetien shall beeeme eperatie en JMttlM)12013SEC 7 Section 15640 of the Welfare and Institutions Code

as amended by Section 9 of Chapter 140 of the Statutes of2005is amended to read

15640 (a) (1) An adult protective services agency shallimmediately or as soon as practically possible report by telephoneto the law enforcement agency having jurisdiction over the caseany known or suspected instance of criminal activity and to anypublic agency given responsibility for investigation in thatjurisdiction of cases of elder and dependent adult abuse everyknown or suspected instance of abuse pursuant to Section 15630or 156301 of an elder or dependent adult A county adult protectiveservices agency shall also send a written report thereof within twoworking days of receiving the information concerning the incidentto each agency to which it is required to make a telephone reportunder this subdivision Prior to making any cross-report ofallegations of financial abuse to law enforcement agencies anadult protective services agency shall first determine whether thereis reasonable suspicion of any criminal activity

(2) If an adult protective services agency receives a report ofabuse alleged to have occurred in a long-term care facility thatadult protective services agency shall immediately inform theperson making the report that he or she is required to make thereport to the long-term care ombudsman program or to a local law

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enforcement agency The adult protective services agency shallnot accept the report by telephone but shall forward any writtenreport received to the long-term care ombudsman

(b) If an adult protective services agency or local lawenforcement agency or ombudsman program receiving a report ofknown or suspected elder or dependent adult abuse determinespursuant to its investigation that the abuse is being committed bya health practitioner licensed under Division 2 (commencing withSection 500) of the Business and Professions Code or any relatedinitiative act or by a person purporting to be a licensee the adultprotective services agency or local law enforcement agency orombudsman program shall immediately or as soon as practicallypossible report this information to the appropriate licensingagency The licensing agency shall investigate the report in lightof the potential for physical harm The transmittal of informationto the appropriate licensing agency shall not relieve the adultprotective services agency or local law enforcement agency orombudsman program of the responsibility to continue its owninvestigation as required under applicable provisions of law Theinformation reported pursuant to this paragraph shall remainconfidential and shall not be disclosed

(c) A local law enforcement agency shall immediately or assoon as practically possible report by telephone to the long-termcare ombudsman program when the abuse is alleged to haveoccurred in a long-term care facility or to the county adultprotective services agency when it is alleged to have occurredanywhere else and to the agency given responsibility for theinvestigation of cases of elder and dependent adult abuse everyknown or suspected instance of abuse of an elder or dependentadult A local law enforcement agency shall also send a writtenreport thereof within two working days of receiving the informationconcerning the incident to any agency to which it is required tomake a telephone report under this subdivision

(d) A long-term care ombudsman coordinator may report theinstance of abuse to the county adult protective services agencyor to the local law enforcement agency for assistance in theinvestigation of the abuse if the victim gives his or her consent Along-term care ombudsman program and the Licensing andCertification Division ofthe State Department ofIIealth SeI ieesPublic Health shall immediately report by telephone and in writing

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AB518 -20-

1 within two working days to the bureau any instance of neglect2 occurring in a health care facility that has seriously harmed any3 patient or reasonably appears to present a serious threat to the4 health or physical well-being of a patient in that facility If a victim5 or potential victim of the neglect withholds consent to being6 identified in that report the report shall contain circumstantial7 information about the neglect but shall not identify that victim or8 potential victim and the bureau and the reporting agency shall9 maintain the confidentiality of the report until the report becomes

lOa matter of public record11 (e) When a county adult protective services agency a long-term12 care ombudsman program or a local law enforcement agency13 receives a report of abuse neglect or abandonment of an elder or14 dependent adult alleged to have occurred in a long-term care15 facility that county adult protective services agency long-term16 care ombudsman coordinator or local law enforcement agency17 shall report the incident to the licensing agency by telephone as18 soon as possible19 (f) County adult protective services agencies long-term care20 ombudsman programs and local law enforcement agencies shall21 report the results of their investigations of referrals or reports of22 abuse to the respective referring or reporting agencies23 Eg) This seeti6n shall remain in dIcet 6ny tlfttilJ~ 1201324 and as 6f that date is repealed unless a later enaeted stMttte that25 is enaeted bef6re Janttary 12013 deletes 6r extends that date26 SEC 8 Section 15640 of the Welfare and Institutions Code27 as added by Section 10 of Chapter 140 of the Statutes of 2005 is28 repealed 29 15640 Ea) E1) An adult pr6teeti e sen iees ageney shall30 immediate) 6r as S66nas praetieal) p6ssible rep6rt 0 te1eph6ne31 t6 the la~ enf6reement ageney haing jttrisdieti6n 6er the ease32 an kntMfl6r suspeeted instanee 6f eriminal aeth it) and t6 any33 pttblie agene gien resp6nsibilit) f6r illestigMi6n in that34 jurisdieti6n 6f eases 6f elder and dependent adttlt abuse eery35 kfl6n6r suspeeted instanee 6f aetlse purstlant t6 Seeti6n 1563036 6f an elder 6r dependent adttlt A e6t11ltyadttlt pr6teeti e sen iees37 ageney shall als6 send a TV ritten rep6rt there6f Vv ithin ti 6 V 6rking38 days 6f reeeiving the inwrmati6n e6neeming the ineident t6 eaeh39 ageney t6 vv hieh it is reqtlired t6 make a teleph6ne Iep6rt tlftder40 this subdiisi6n Pri6r t6 making an er6SSIep6rt 6f allegati6ns

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offilumeial abttse to lavvenforeemertt a-geneiesMladult proteetFesen iees agene) shaH first determine whether there is reasonablesuspieion of tmJ eriminM aeti vit

(2) If an adult proteeti ve sen iees agene) reeei ves a report ofabttse alleged to ha ve oeettlTed in a long teml eare faeilit) thatadttlt proteeti ve sen iees ageney shall immediate) infoml theperson making the report that he or she is required to make thereport to the long term eare ombttdsman program 01 to aloeallawenforeemertt a-geneyThe adttlt proteeti ve sen iees agene) shallnot aeeept the report b) telephone btlt shall fonvMd flit) vvTittenreport leeehed to the long teml eare ornbtldsman

(b) If an adtllt proteetive seniees ageney or loeal lawenforeement agene) or ornbtldsman program reeei vinga report ofkftovm or stlspeeted elder or dependent adttlt MtlSe determinespttrstlartt to its inYestigationthat the flbttseis being eommitted bya health 11aetitioner lieensed tlftder Division 2 (eonJffieneingwithSeetion 500) of the Btlsiness flftdProfessions Code or flit) lelatedinitiatiye aet or by a person ptlrporting to be a lieensee the adtlltproteetive seniees a-gene) or loeallaw enforeement agene) orombttdsman program shall immediate) or as soon as praetieall)possible report this mformation to the appropriate lieensingagene) The lieensing agene) shall investigate the report in lightof the poterttial fur ph) sieal hamlThe trMlsmittfllof informationto the appropriate lieensing agene) shall not relieve the adtlltproteethe serviees agene) or loeallaw enforeement agene) orornbtldsmflft program of the responsibility to eorttinue its 0~vninvestigation as reqttired tlftder applieable provisions of law Theinformation reported pttrstlant to this paragraph shall remaineoniiderttial flItdshfl11not be diselosed

(e) A loealla bullbull enforeement agefte) shall immediate) or assoon as praetieal) possible report b) telephone to the long termeare ombtldsman program bullbullhen the abtlse is alleged to haveoeetllTed in a long term eare faeilit) or to the eotlnt) adttltproteetive seniees agene) bullbullhen it is alleged to have oeeUlfedan) vvhere else flftd to the agene) gh en responsibilit) for theinvestigation of eases of elder and dependent adttlt abtlse everykftovm or stlspeeted instflftee of MtlSe of an elder or dependerttadttlt A loeallaw enforeement ageney shall also send a Ylfittenreport thereof bullbullithin ftv0 vvorking dfl)s ofreeei ving the infomlation

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eoneeming the ineident to an agenC) to vvhieh it is reqtlired toftutke a telephone report tlIlderthis stlbdh ision

Ed) A long tenn eare ombttdsman eoordinator mll) report theinstlllleeof abtlse to the eot1llryadttlt proteetive seniees ageneyor to the loeal la bullbull enforeement agenC) for assistlllleein theinvestigationof the abttse if the vietim gives his or her eonsent Along tenn eMe ombtldsmllllprogram llIldthe Lieensing llIldCertifieation Division of the State DepMtment ofIIealth Senieesshall immediately report b telephone llIldin vvriting vvithin hiv0tv orkingdll) s to the bm eatl an instlllleeof negleet oeet1ffingin ahealth eare faeiliry that has seriotlsl hMmed an patient orreasonably appeMs to present a seriotls threat to the health orph sieal vvell being of a patient in that ffteiliry If a J ietim orpotential TV ietim of the neglect vithholds eonsent to being identifiedin that report the report shall eontain eirettmstlllltialinformationabom the negleet bm shall not identif) that vietim or potentialvietim and the bttreatl llIldthe reporting agenC) shall maintain theeoniidentialiry of the report tlntil the report beeomes a matter ofptlblie reeord

Ee) hen a eotlllryadttlt proteeti ve sen iees agenC) a long termeare ombtldsman program or a loeal la enforeement ageneyreeeives a report ofabttse negleet or ablllldonmentofllllelder ordependent adttlt alleged to have oeet1ffedin a long term earefaeiliry that eotlnty adtllt proteeti ve sen iees agenC) long termeare ombtldsmlllleoordinator or loeallavv enforeement ageneyshall report the ineident to the lieensing agene b telephone assoon as possible

ED COtl1lt)adtllt proteetive seniees ageneies long term eareombttdsman programs and 10ea1lavvenforeement ageneies shallreport the restllts of their investigations of referrals or reports ofabtlse to the respeetive referring or reporting ageneies

Eg) This seetion shall beeome operative on JllIlt1flry12013SEC 9 Section 156555 of the Welfare and Institutions Code

as amended by Section 11 of Chapter 140 of the Statutes of 2005is amended to read

156555 A county adult protective services agency shallprovide the organizations listed in paragraphs (v) (w) and (x) ofSection 1561017 and mandated reporters of suspected financialabuse of an elder or dependent adult pursuant to Section 156301with instructional materials regarding abuse and neglect of an elder

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1 or dependent adult and their obligation to report under this chapter2 At a minimum the instructional materials shall include the3 following4 (a) An explanation of abuse and neglect of an elder or dependent

adult as defined in this chapter6 (b) Information on how to recognize potential abuse and neglect7 of an elder or dependent adult8 (c) Information on how the county adult protective services9 agency investigates reports of known or suspected abuse and

neglect11 (d) Instructions on how to report known or suspected incidents12 of abuse and neglect including the appropriate telephone numbers13 to call and what types of information would assist the county adult14 protective services agency with its investigation of the report

(e) This seetion shall remain in eifcet only tlfttil Jflfttlttry 1 201316 and as of that date is repealed tmless a later enaeted stattlte that17 is enaeted before Jafttlttry 12013 deletes or extends that date18 SEC 10 Section 156555 of the Welfareand Institutions Code19 as amended by Section 712 of Chapter 538 of the Statutes of2006

is repealed21 156555 A eottftt) achtlt proteetive serviees agene) shall22 pmvide the organi2ations listed in paragraphs (v) (vv) and Ex) of23 Seetion 1561017 with instItletional materials regarding elder and24 dependent achtlt abtlse and negleet and their obligation to report

under this ehapter At a minimum the instruetional materials shall26 inelude the follovving27 (a) An explanation of elder and dependent achtlt abuse and28 negleet as defined in this ehapter29 (b) Information on how to reeogni2e potential elder and

dependent achtlt abuse and negleet31 (e) Information on ho vIthe eottftt) achtlt proteeti ve serv iees32 agene) investigates reports of knovm or suspeeted abuse and33 negleet34 (d) Instmetions on hovv to report ]movvn or suspeeted ineidents

of abuse and negleet ineltlding the appropriate telephone llt11llbers36 to eall and what rypes of information vvould assist the eount) adult37 proteetirv e sen iees agene) with its in (estigation of the report38 (e) This seetion shall beeome operati e on January I 20 13

o

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AB 608 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 608Pan

Health care coverage telemedicine

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to health care

httpwww1eginfocagovpubII-12Ibillasmab_0601-0650ab _608_ bill_ 20120201_status 652012

-

AB 783 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 783AUTHOR(S) HayashiTOPIC Professional corporations licensed physical therapists

and occupational therapists+LAST AMENDED DATE 04072011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

COMMCOMMCOMM

HIST ACT DATEHIST ACTION

From committeeRule 62(a)

LOCATION SENACTION DATEACTION

06282011In committee Set second hearing Failed passagewithout further action pursuant to Joint

LASTLAST

BUSINESS PROFESSIONS AND ECONOMIC DEVELOPMENT06272011

Set second hearing Failed passage in Committee

TITLE An act to amend Section 2406 of the Business andProfessions Code and to amend Section 134015 of theCorporations Code relating to professional corporations

httpwwwleginfocagovpub11-12billasmab_0751-0800ab_783_bill_20111115_status 652012

-

AMENDED IN ASSEMBLY APRIL 7 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 783

Introduced by Assembly Member Hayashi

February 172011

An act to amend Section 2406 of the Business and Professions Codeand to amend Section 134015 of the Corporations Code relating toprofcssiemal eorporations and deelaring the mgeney thereof to tttkeeffeet immediatelyprofessional corporations

LEGISLATIVE COUNSELS DIGEST

AB 783 as amended Hayashi Professional corporations licensedphysical therapists and occupational therapists

Existing law regulating professional corporations provides that certainhealing arts practitioners may be shareholders officers directors orprofessional employees of a medical corporation-er-a podiatric medicalcorporation or a chiropractic corporation subject to certain limitations

This bill would add licensed physical therapists and licensedoccupational therapists to the list of healing arts practitioners who maybe shareholders officers directors or professional employees of thosecorporations The bill would also make conforming changes to a relatedprovision

This bill vv otlld deelare that it is to take etteet immediately as anmgeney statttte

Vote -majority Appropriation no Fiscal committee noState-mandated local program no

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Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 2406 of the Business and Professions2 Code is amended to read3 2406 A medical corporation or podiatry corporation is a4 corporation that is authorized to render professional services as

defined in Sections 13401 and 134015 ofthe Corporations Code6 so long as that corporation and its shareholders officers directors7 and employees rendering professional services who are physicians8 and surgeons psychologists registered nurses optometrists9 podiatrists chiropractors acupuncturists naturopathic doctors

physical therapists or in the case of a medical corporation only11 physician assistants marriage and family therapists or clinical12 social workers are in compliance with the Moscone-Knox13 Professional Corporation Act the provisions of this article and all14 other statutes and regulations now or hereafter enacted or adopted

pertaining to the corporation and the conduct of its affairs16 With respect to a medical corporation or podiatry corporation17 the governmental agency referred to in the Moscone-Knox18 Professional Corporation Act is the board19 SEC 2 Section 134015 of the Corporations Code is amended

to read21 134015 Notwithstanding subdivision (d) of Section 1340122 and any other provision of law the following licensed persons23 may be shareholders officers directors or professional employees24 of the professional corporations designated in this section so long

as the sum of all shares owned by those licensed persons does not26 exceed 49 percent ofthe total number of shares of the professional27 corporation so designated herein and so long as the number of28 those licensed persons owning shares in the professional29 corporation so designated herein does not exceed the number of

persons licensed by the governmental agency regulating the31 designated professional corporation32 (a) Medical corporation33 (1) Licensed doctors of podiatric medicine34 (2) Licensed psychologists

(3) Registered nurses36 (4) Licensed optometrists37 (5) Licensed marriage and family therapists38 (6) Licensed clinical social workers

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-3-

(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists(10) Naturopathic doctors(11) Licensed physical therapists(12)Licensed occupational therapists(b) Podiatric medical corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed optometrists(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(8) Licensed physical therapists(9) Licensed occupational therapists(c) Psychological corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Registered nurses(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed chiropractors(8) Licensed acupuncturists(9) Naturopathic doctors(d) Speech-language pathology corporation(1) Licensed audiologists(e) Audiology corporation(1) Licensed speech-language pathologists(t) Nursing corporation(l) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists

AB783

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AB783 -4-

(10) Naturopathic doctors(g) Marriage and family therapy corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed clinical social workers(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(h) Licensed clinical social worker corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed marriage and family therapists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(i) Physician assistants corporation(1) Licensed physicians and surgeons(2) Registered nurses(3) Licensed acupuncturists(4) Naturopathic doctorsG) Optometric corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(k) Chiropractic corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed acupuncturists(9) Naturopathic doctors

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-5- AB783

(10) Licensed physical therapists(11) Licensed occupational therapists(l) Acupuncture corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed physician assistants(9) Licensed chiropractors(10) Naturopathic doctors(m) Naturopathic doctor corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed physician assistants(5) Licensed chiropractors(6) Licensed acupuncturists(7) Licensed physical therapists(8) Licensed doctors of podiatric medicine(9) Licensed marriage family and child counselors(10) Licensed clinical social workers(11) Licensed optometrists(n) Dental corporation(1) Licensed physicians and surgeons(2) Dental assistants(3) Registered dental assistants(4) Registered dental assistants in extended functions(5) Registered dental hygienists(6) Registered dental hygienists in extended functions(7) Registered dental hygienists in alternative practiceSEC 3 This aet is Ml ttrgene statttte neeessary for the

immediatepresenation of the ptlblie peaee hettlihor saferyvvithinthe meMling of Miele IV of the Constittttion Mld shaHgo intoimmediate effeet The fftets eonstitttting the neeessiry Me

In order to 8t1thorizelieensed physieal therapists to beshareholders offieers mreetors or professional employees of

98

AD7S3 -6-

1 memeal eorpofatiofts andpodiatrie medieal eorpofatiofts as soOft2 as possible it is fteeessary that this aet tftke dIeet immediately

o

98

AB 800 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 800Huber

Boards and commissions time reporting

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to add Section 1156410 to the Government Coderelating to boards and commissions

httpwwwleginfocagovpubI11-12billasmlab_0751-0800ab _800_ bill_20120201_status 652012

-

AB 958 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 958Bill Berryhill

Regulatory boards limitations periods

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to Art IV Sec 10(e) of theFrom committee Filed with the Chiefto Joint Rule 56BUSINESS PROFESSIONS AND CONSUMER PROTECTION

TITLE An act to add Section 1105 to and to repeal Sections16702 22305 296005 3137 375051 498205499032 5561 5661 76865 988420 and 98898 of theBusiness and Professions Code relating to regulatoryboards

httpwwwleginfocagovpub11-12lbillasmlab_0951-1 OOOab_958 _bill_ 20120202_ status 652012

AB 1003 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 1003Smyth

Professional and vocational licenses

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to professional and vocational licenses

httpwwwleginfocagovpubll-12Ibillasmlab_l00l-l 050ab_1003 _bill_2012020 I_statu 652012

-

AB 1205 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1205AUTHOR(S) Bill BerryhillTOPIC Licensed behavior analysts+LAST AMENDED DATE 04042011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to amend Section 499018 of and to add Chapter52 (commencing with Section 252971) to Division 2 ofthe Business and Professions Code relating to healingarts

httpwwwleginfocagovpub11-12billasmab _120 1-1250ab_1205 _bill_20 120201_statu 652012

AB 1435 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1435AUTHOR(S) Dickinson (Coauthors Alejo Buchanan and Hill) TOPIC Child abuse reporting athletic personnelHOUSE LOCATION SEN+LAST AMENDED DATE OS252012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredState-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS for

LASTLAST

APPROPRIATIONSOS252012

Do pass as amendedAyes 17 Noes OOPASS

TITLE An act to amend Section 111657 of the Penal Coderelating to child abuse reporting

httpwww1eginfocagovpub11-12lbiIVasmab_140 1-1450ab _1435 _bill~0120601_statu 652012

AMENDED IN ASSEMBLY MAY 25 2012

AMENDED IN ASSEMBLY MARCH 21 2012

AMENDED IN ASSEMBLY MARCH 142012

AMENDED IN ASSEMBLY FEBRUARY 29 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1435

Introduced by Assembly Member Dickinson(Coauthors Assembly Members Alejo Buchanan and Hill)

January 4 2012

An act to amend Section 111657 of the Penal Code relating to childabuse reporting

LEGISLATIVE COUNSELS DIGEST

AB 1435 as amended Dickinson Child abuse reporting athleticpersonnel

Existing law the Child Abuse and Neglect Reporting Act requiresa mandated reporter as defined to report whenever he or she in his orher professional capacity or within the scope of his or her employmenthas knowledge of or observed a child whom the mandated reporterknows or reasonably suspects has been the victim of child abuse orneglect Failure to report an incident is a crime punishable byimprisonment in a county jail for a period of up to 6 months a fine ofup to $1000 or by both that imprisonment and fine

This bill would add athletic coaches athletic administrators andathletic directors employed by a public or private organization to thelist of individuals who are mandated reporters The bill otlld reqtlirean ptlblie or pri v ate orgflftizationernplo ing flftathletieeoaen Mhletie

95

~

AB 1435 -2-

ftdministrator or Mhletie direetor to hftve provided initiftl trftining byJflfttlM) I 2014 on speeified mfttters relMing to ehiM a-bttse ftftdnegleetfor those employees On ftftd ftfter lftnuftry 12014 the bill vvottld reeJtlireinitiftl trftining to be pro vided IV ithin 6 months of the dMe ftn indi vidttftlbeeomes employed in thM eftlfteiry The bill vvouM require theseindividuftls to eomplete eontifttling tminmg every 2 yeMs

By imposing the reporting requirements on a new class of personsfor whom failure to report specified conduct is a crime ftftdby imposingne~ trftining reeJtlirements on publie oIgftfiiZMions ineluding loeftlgOvernment entities this bill would impose a state-mandated localprogram

The Cftlifomift Constittltion reqtlires the stMe to reimbtlfse loeftlftgeneies ftnd sehool distriets for eertftin eosts mftftdMed by the stftteStftttltory pItYvisions esffiblish proeedtlfes for mftkffigthftt reimbtlfsement

This bill hould pro vide thM 4vith regMd to eertftin mftftdfttes noIeimbtlfsement is reeJtlired by this ftet for ft speeified reftson

Vith regftM to ftny other mftndMeS this bill vv0tlM pro vide thM if theCommission on StMe ~bndtltes determines thM the bill eontftins eostsso mftndftted by the stftte reimbttIsement for those eosts shftll be mftdeptlfStlftnt to the stftttltory pro visions noted ttbo ve

The California Constitution requires the state to reimburse localagencies and school districts for certain costs mandated by the stateStatutory provisions establish procedures for making thatreimbursement

This bill would provide that no reimbursement is required by this actfor a specified reason

Vote majority Appropriation no Fiscal committee yesState-mandated local program yes

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 111657 of the Penal Code is amended2 to read3 111657 (a) As used in this article mandated reporter is4 defined as any of the following5 (1) A teacher6 (2) An instructional aide7 (3) A teachers aide or teachers assistant employed by any8 public or private schooL9 (4) A classified employee of any public schooL

95

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5

10

15

20

25

30

35

40

-3- AB 1435

1 (5) An administrative officer or supervisor of child welfare and2 attendance or a certificated pupil personnel employee of any public3 or private school4 (6) An administrator of a public or private day camp

(7) An administrator or employee of a public or private youth6 center youth recreation program or youth organization7 (8) An administrator or employee of a public or private8 organization whose duties require direct contact and supervision9 of children

(9) Any employee of a county office of education or the State11 Department of Education whose duties bring the employee into12 contact with children on a regular basis13 (10) A licensee an administrator or an employee of a licensed14 community care or child day care facility

(11) A Head Start program teacher16 (12) A licensing worker or licensing evaluator employed by a17 licensing agency as defined in Section 111651118 (13) A public assistance worker19 (14) An employee of a child care institution including but not

limited to foster parents group home personnel and personnel of21 residential care facilities22 (15) A social worker probation officer or parole officer23 (16) An employee of a school district police or security24 department

(17) Any person who is an administrator or presenter of or a26 counselor in a child abuse prevention program in any public or27 private school28 (18) A district attorney investigator inspector or local child29 support agency caseworker unless the investigator inspector or

caseworker is working with an attorney appointed pursuant to31 Section 317 of the Welfare and Institutions Code to represent a32 mmor33 (19) A peace officer as defined in Chapter 45 (commencing34 with Section 830) of Title 3 of Part 2 who is not otherwise

described in this section36 (20) A firefighter except for volunteer firefighters37 (21) A physician and surgeon psychiatrist psychologist dentist38 resident intern podiatrist chiropractor licensed nurse dental39 hygienist optometrist marriage and family therapist clinical social

worker professional clinical counselor or any other person who

95

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101112131415161718192021222324252627282930313233343536373839

AB 1435 -4-

is currently licensed under Division 2 (commencing with Section500) of the Business and Professions Code

(22) Any emergency medical technician I or II paramedic orother person certified pursuant to Division 25 (commencing withSection 1797) of the Health and Safety Code

(23) A psychological assistant registered pursuant to Section2913 of the Business and Professions Code

(24) A marriage and family therapist trainee as defined insubdivision (c) of Section 498003 of the Business and ProfessionsCode

(25) An unlicensed marriage and family therapist internregistered under Section 498044 of the Business and ProfessionsCode

(26) A state or county public health employee who treats a minorfor venereal disease or any other condition

(27) A coroner(28) A medical examiner or any other person who performs

autopsies(29) A commercial film and photographic print processor as

specified in subdivision (e) of Section 11166 As used in thisarticle commercial film and photographic print processor meansany person who develops exposed photographic film into negativesslides or prints or who makes prints from negatives or slides forcompensation The term includes any employee of such a personit does not include a person who develops film or makes prints fora public agency

(30) A child visitation monitor As used in this article childvisitation monitor means any person who for financialcompensation acts as monitor of a visit between a child and anyother person when the monitoring of that visit has been orderedby a court of law

(31) An animal control officer or humane society officer Forthe purposes ofthis article the following terms have the followingmeanings

(A) Animal control officer means any person employed by acity county or city and county for the purpose of enforcing animalcontrol laws or regulations

(B) Humane society officer means any person appointed oremployed by a public or private entity as a humane officer who is

95

123456789

10111213141516171819202122232425262728293031323334353637383940

-5- AB 1435

qualified pursuant to Section 14502 or 14503 of the CorporationsCode

(32) A clergy member as specified in subdivision (d) of Section11166 As used in this article clergy member means a priestminister rabbi religious practitioner or similar functionary of achurch temple or recognized denomination or organization

(33) Any custodian of records of a clergy member as specifiedin this section and subdivision (d) of Section 11166

(34) Any employee of any police department county sheriffsdepartment county probation department or county welfaredepartment

(35) An employee or volunteer of a Court Appointed SpecialAdvocate program as defined in Rule 1424 ofthe California Rulesof Court

(36) A custodial officer as defined in Section 8315(37) Any person providing services to a minor child under

Section 12300 or 123001 of the Welfare and Institutions Code(38) An alcohol and drug counselor As used in this article an

alcohol and drug counselor is a person providing counselingtherapy or other clinical services for a state licensed or certifieddrug alcohol or drug and alcohol treatment program Howeveralcohol or drug abuse or both alcohol and drug abuse is not inand of itself a sufficient basis for reporting child abuse or neglect

(39) A clinical counselor trainee as defined in subdivision (g)of Section 499912 of the Business and Professions Code

(40) A clinical counselor intern registered under Section 499942of the Business and Professions Code

(41) An athletic coach athletic administrator or athletic directoremployed by a public or private organization including but notlimited to schools and instittttions of higher e6ueation thatprovidekindergarten or any of grades 1 to 12 inclusive

(b) Except as provided in paragraph (35) of subdivision (a)volunteers of public or private organizations whose duties requiredirect contact with and supervision of children are not mandatedreporters but are encouraged to obtain training in the identificationand reporting of child abuse and neglect and are further encouragedto report known or suspected instances of child abuse or neglectto an agency specified in Section 111659

(c) Employers are strongly encouraged to provide theiremployees who are mandated reporters with training in the duties

95

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101112131415161718192021222324252627282930313233343536373839

AB 1435 -6-

imposed by this article This training shall include training in childabuse and neglect identification and training in child abuse andneglect reporting Whether or not employers provide theiremployees with training in child abuse and neglect identificationand reporting the employers shall provide their employees whoare mandated reporters with the statement required pursuant tosubdivision (a) of Section 111665

(d) School districts that do not train their employees specifiedin subdivision (a) in the duties of mandated reporters under thechild abuse reporting laws shall report to the State Department ofEducation the reasons why this training is not provided

(e) Unless otherwise specifically provided the absence oftraining shall not excuse a mandated reporter from the dutiesimposed by this article

(f) Public and private organizations are encouraged to providetheir volunteers whose duties require direct contact with andsupervision of children with training in the identification andreporting of child abuse and neglect

(g) (1) On 6r befure Jttmtary 1 2014 ttll) pttblie 6r privflie6rganizttti6ftemp16ing ttft Mhletie e6tteh Mhletie ttdmimstrltt6r6r Mhletie direet6r ttSspeeified ift pMttgrttph (41) 6f sttbdivisi6ft(tt) shttll pr6 vide iftitittl trttining f6r th6se empl~ ees 6n thefull6vvingmtttters

(A) The identifiettti6n 6f ehild ttbttse ttnd negleet(D) Aeti vities thttt e6ftstitttte inltppr6prittte ttftd illegttl e6ntttet

betiveen tt 6tlth ltftd ltft ttthietie e6tteh Mhletie ttdmiftistrttt6r 6rttthietie direet6r

(6) The resp6nsibilities 6f tt pers6n identified lIStt mttndfliedrep6rter in this seeti6n ineIttding btl ft6t limited t6 ttll 6f thefull6 vving

(i) T6 ~h6m tt rep6rt is reqtlired t6 be mttde(ii) The inf6rmttti6n thttt is reqttired t6 be ifte1ttdedin tt rep6rt(iii) The time vvithiftvvhieha mandated rep6rter is reqttired t6

file tt rep6rt(2) Initittl training shall be pr6vided b perS6ftSkn6vvledgeltble

ift the identifiettti6n 6fehild aettse ttnd negleet inltppf6prittte ltftdillegal e6ntaet bem eena 6ttth and ltftadttIt ltftdstatttt6ry rep6rtingreqttiremeftts ltftdshttll e6nsist 6ftw6 h6ttrs 6felassr66m 6r 6therinteraetive trainiftg ltftdedttettti6n

95

-7- AB 1435

1 (h) Commeneing on fmd aftel Jfmtlftry12014 fmofgfmization2 speeified in sttbdivision (g) shaHpro ide initial training within six3 months of the date that fm individtutl beeomes empleryed as an4 Mhletie eoaeh athletie administrator or athletie direetor ttnless5 the indi idttal reeei ed training Hithin tw0 years prior to the date6 the indi idtlal is empleryed An Mhletie eoaeh athletie7 administrator or athletie direetor Hho has leeeied initial training8 ptlfStlafttto sttbdiision (g) shall eomplete eontifttling training9 thereafter onee eery two years eonsisting of one hottf of

10 elassroom or other interaeti e training fmd edtteation11 SEC 2 No reimbtlrsement is reqtlired by this aet pttfStlafttto12 Seetion 6 ofArtiele )GIlD of the California Constitution for eertain13 eosts that may be inetllTed by a loeal ageney or sehool distriet14 beeatlse ift that regard this aet ereates a nev erime or infraetion15 eliminates a erime or infraetion or ehfmges the penalty fOfa erime16 or inflaetion Hithin the meaning of Seetion 17556 of the17 Goemment Code or ehanges the definition ofa elime Hithin the18 meaning of Seetion 6 of Aniele XIII D of the Califomia19 Constitution20 IIo~eer if the Commission on State Mfmdates determines that21 this aet eontainsother eosts mfmdated by the state reimbttfsement22 to loeal ageneies fmd sehool distliets for those eosts shall be made23 ptlfStlafttto Part 7 (eommeneing Hith Seetion 17500) of Division24 4 of Title 2 of the Goemment Code25 SEC 2 No reimbursement is required by this act pursuant to26 Section 6 of Article XIII B of the California Constitution because27 the only costs that may be incurred by a local agency or school28 district will be incurred because this act creates a new crime or29 infraction eliminates a crime or infraction or changes thepenalty30 for a crime or infraction within the meaning of Section 17556 of31 the Government Code or changes the definition of a crime within32 the meaning of Section 6 of Article XIII B of the California33 Constitution

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AB 1904 Assembly Bill Status

MEASURE AUTHOR(S)TOPIC

HOUSE

CURRENT BILL STATUS

AB No 1904Block Butler and

Professions and vocationslicenses

LOCATION

Cookmilitary spouses temporary

TYPE OF BILL

SEN

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyAppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpub11-12billasmab _1901-1950ab _1904_ bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes Noes OOPASS17

An act to add Section 1155 to the Business andProfessions Code relating to professions and vocationsand making an appropriation therefor

-

AB 1588 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1588AUTHOR(S) Atkins (Principal coauthors Cook and Nielsen)

(Coauthors Block Beth Gaines Pan V Manuel PerezWilliams and Yamada)

TOPIC Professions and vocations reservist licensees fees andcontinuing education

HOUSE LOCATION SEN+LAST AMENDED DATE 03052012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS forLAST

LAST

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

TITLE An act to add Section 1143 to the Business andProfessions Code relating to professions and vocations

htlpllwwwleginfocagovpubll-12Ibillasmlab _1551-1600ab _1588 _bill_20120601_statu 652012

middot

AMENDED IN ASSEMBLY MARCH 5 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1588

Introduced by Assembly Member Atkins(Principal coauthors Assembly Members Cook and Nielsen)

(Coauthors Assembly Members Block Beth Gaines PanV Manuel Perez Williams and Yamada)

February 6 2012

An act to add Section 1143 to the Business and Professions Coderelating to professions and vocations

LEGISLATIVE COUNSELS DIGEST

AB 1588 as amended Atkins Professions and vocations reservistlicensees fees and continuing education

Existing law provides for the regulation of various professions andvocations by boards commissions or bureaus within the Departmentof Consumer Affairs and for the licensure or registration of individualsin that regard Existing law authorizes any licensee whose licenseexpired while he or she was on active duty as a member of the CaliforniaNational Guard or the United States Armed Forces to reinstate his orher license without examination or penalty if certain requirements aremet

This bill would require the boards commissions or bureaus describedabove to waive the renewal fees and continuing education requirementsif either is applicable of any licensee or registrant who is a reservistcalled to active duty as a member of the United States Military Reserveor the California National Guard if certain requirements are met

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

98

AB 1588 -2-

Thepeople of the State of Califomi a do enact asfollows

1 SECTION 1 Section 1143 is added to the Business and2 Professions Code to read3 1143 Notwithstanding any other provision oflaw everyboard4 commission or bureau within the department shall waive the5 renewal fees and continuing education requirements if either is6 applicable for any licensee or registrant who is a reservist called7 to active duty as a member of the United States Military Reserve8 or the California National Guard if all of the following9 requirements are met

10 (a) The licensee or registrant was in good standing with the11 board commission or bureau at the time the reservist was called12 to active duty13 (b) The renewal fees or continuing education requirements are14 waived only for the period during which the reservist is on active15 duty service16 (c) The active duty reservist or the active duty reservists spouse17 or registered domestic partner provides written notice satisfactory18 to the board commission or bureau that substantiates the19 reservists active duty service

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AB 1896 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1896AUTHOR(S) ChesbroTOPIC Tribal health programs health care practitionersHOUSE LOCATION SEN+LAST AMENDED DATE 03272012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATIONCOMM ACTION DATECOMM ACTIONCOMM VOTE SUMMARY

ASM

05172012Referred to Com on B P amp EDBUSINESS PROFESSIONS AND CONSUMER PROTECTION04102012

Do passAyes 09 Noes OOPASS

TITLE An act to amend the heading of Article 10 (commencingwith Section 710) of Chapter 1 of Division 2 of and toadd Section 719 to the Business and Professions Coderelating to healing arts

httpwwwleginfocagovpubI11-12lbillasmab_1851-1900ab_1896_bill_20120517 _statu 652012

-

AMENDED IN ASSEMBLY MARCH 27 2012

CALIFORNIA LEGISLATURE-20II-12 REGULAR SESSION

ASSEMBLY BILL No 1896

Introduced by Assembly Member Chesbro

February 222012

An act to amend the heading of Article 10 (commencing with Section710) of Chapter 1 of Division 2 of and to add Section 719 to theBusiness and Professions Code relating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1896 as amended Chesbro Tribal health programs health carepractitioners

Under existing federal law licensed health professionals employedby a tribal health program are required to be exempt if licensed in anystate from the licensing requirements of the state in which the tribalhealth program performs specified services A tribal health program isdefined as an Indian tribe or tribal organization that operates any healthprogram service function activity or facility funded in whole or partby the Indian Health Service

Existing law provides for the licensure and regulation of health carepractitioners by various healing arts boards within the Department ofConsumer Affairs

This bill would codify that federal requirement by specifying that aperson who is licensed as a health care practitioner in any other stateand is employed by a tribal health program is exempt from any statelicensing requirement with respect to acts authorized under thepersonslicense where the tribal health program performs specified services

Vote majority Appropriation no Fiscal committee noState-mandated local program no

98

AD 1896 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 The heading of Article 10 (commencing with2 Section 710) of Chapter 1 of Division 2 of the Business and3 Professions Code is amended to read456789

101112131415161718192021

Article 10 Federal Personnel and Tribal Health Programs

SEC 2 Section 719 is added to the Business and ProfessionsCode to read

719 (a) A person who is licensed as a health care practitionerin any other state and is employed by a tribal health program asdefined in Section 1603 of Title 25 of the United States Code shallbe exempt from any licensing requirement described in this divisionwith respect to acts authorized under the persons license wherethe tribal health program performs the services described in thecontract or compact of the tribal health program under the IndianSelf-Determination and Education Assistance Act (25 USC Sec450 et seq)

(b) For purposes of this section health care practitioner meansany person who engages in acts that are the subject of licensureor regulation under this division or Ml) initiative 8et referred to inthis division the law of any other state

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CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1904

Introduced by Assembly Members Block Butler and Cook

February 222012

An act to add Section 1155 to the Business and Professions Coderelating to professions and vocations and making an appropriationtherefor

LEGISLATIVE COUNSELS DIGEST

AB 1904 as introduced Block Professions and vocations militaryspouses temporary licenses

Existing law provides for the licensure and regulation of variousprofessions and vocations by boards within the Department of ConsumerAffairs Existing law provides for the issuance of reciprocal licenses incertain fields where the applicant among other requirements has alicense to practice within that field in another jurisdiction as specifiedUnder existing law licensing fees imposed by certain boards withinthe department are deposited in funds that are continuously appropriated

This bill would authorize a board within the department to issue atemporary license to an applicant who among other requirements holdsan equivalent license in another jurisdiction as specified and is marriedto or in a legal union with an active duty member of the Armed Forcesofthe United States who is assigned to a duty station in California underofficial active duty military orders The bill would require a board toexpedite the process for issuing these temporary licenses The bill wouldrequire the applicant to pay any fees required by the board and wouldrequire that those fees be deposited in the fund used by the board toadminister its licensing program To the extent that the bill would

99

AB 1904 -2-

increase the amount of money deposited into a continuously appropriatedfund the bill would make an appropriation

Vote majority Appropriation yes Fiscal committee yesState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 1155 is added to the Business and2 Professions Code to read3 1155 (a) A board within the department may issue a4 temporary license to an applicant who meets all of the following5 requirements6 (l) Submits an application in the manner prescribed by the7 board8 (2) Supplies evidence satisfactory to the board that the applicant9 is married to or in a domestic partnership or other legal union

10 with an active duty member of the Armed Forces of the United11 States who is assigned to a duty station in this state under official12 active duty military orders13 (3) Holds a current license in another state district or territory14 of the United States with the requirements that the board determines15 are substantially equivalent to those established under this code16 for that occupation17 (4) Has not committed an act in anyjurisdiction that would have18 constituted grounds for denial suspension or revocation of the19 license under this code at the time the act was committed20 (5) Has not been disciplined by a licensing entity in another21 jurisdiction and is not the subject of an unresolved complaint22 review procedure or disciplinary proceeding conducted by a23 licensing entity in another jurisdiction24 (6) Pays any fees required by the board Those fees shall be25 deposited in the applicable fund or account used by the board to26 administer its licensing program27 (7) Submits fingerprints and any applicable fingerprinting fee28 in the manner required of an applicant for a regular license29 (b) A board shall expedite the procedure for issuing a temporary30 license pursuant to this section31 (c) A temporary license issued under this section shall be valid32 for 180 days except that the license may at the discretion of the

99

-3- AB 1904

I board be extended for an additional180-day period on application2 of the license holder3 (d) A board may adopt regulations necessary to administer this4 section

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AB 1932 Assembly Bill Status

MEASURE AUTHOR(S)TOPICHOUSE+LAST

CURRENT BILL STATUS

AB No 1932Gorell (Coauthor Cook)

United States armed services healing arts boardsLOCATION SENAMENDED DATE 04172012

TYPE OF BILL

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

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APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

An act to add Section 7102 to the Business andProfessions Code relating to healing arts

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AMENDED IN ASSEMBLY APRIL 172012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1932

Introduced by Assembly Member-Ceek Gorell(Coauthor Assembly Member Cook)

February 222012

An act to add Section 7102 to the Business and Professions Coderelating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1932 as amended euroook Gorell United States armed serviceshealing arts boards

Existing law provides for the licensure and regulation of varioushealing arts professions and vocations by boards within the Departmentof Consumer Affairs Existing law requires the rules and regulations ofthese healing arts boards to provide for methods of evaluating educationtraining and experience obtained in military service if such training isapplicable to the requirements of the particular profession or vocationregulated by the board Under existing law the Department of VeteransAffairs has specified powers and duties relating to various programsserving veterans

This bill would require by January 12014 and annually thereafterevery healing arts board to issue a specified written report to theDepartment of Veterans Affairs and the Legislature as specified thatclearly details the methods of evaluating the education training andexperience obtained in military service and whether that educationtraining and experience is applicable to the boards requirements forlicensure The bill would declare the intent of the Legislature in thisregard

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Vote majority Appropriation no Fiscal committee yesState-mandated local program no

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 710 of the Business and Professions Code2 was enacted in 1969 and because healing arts boards have not3 demonstrated significant compliance with that section it is the4 intent of the Legislature to establish an annual reporting5 requirement to compel these boards to provide information about6 the methods of evaluating education training and experience7 obtained in military service in order to meet the needs of the8 upcoming wave of armed service members returning to civilian9 life

10 SEC 2 Section 7102 is added to the Business and Professions11 Code to read12 7102 (a) By January 12014 and annually thereafter every13 healing arts board described in this division shall issue a written14 report to the Department of Veterans Affairs and to the Legislature15 that clearly details the methods of evaluating the education16 training and experience obtained in military service and whether17 that education training and experience is applicable to the boards18 requirements for licensure This written report shall include but19 not be limited to quantitative information about the number of20 service members who have applied for and have used their military21 education training and experience to fulfill the boards22 requirements for licensure23 (b) (1) The requirement to submit a report to the Legislature24 under subdivision (a) shall be inoperative on January 1 201825 pursuant to Section 102315 of the Government Code26 (2) A report to the Legislature shall be submitted in compliance27 with Section 9795 of the Government Code

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Page 17: DISCUSSION ANDPOSSIBLE ACTION REGARDING PENDING … · 2012-06-14  · Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of2010 (PublicLaw 111-152)

AMENDED IN SENATE JUNE 28 2011

AMENDED IN ASSEMBLY MAY 182011

AMENDED IN ASSEMBLY APRIL 7 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 439

Introduced by Assembly Member Skinner

February 142011

An act to amend Section 5636 of the Civil Code relating to healthcare information

LEGISLATIVE COUNSELS DIGEST

AB 439 as amended Skinner Health care informationExisting law the Confidentiality of Medical Information Act (CMIA)

prohibits a health care provider a contractor or a health care serviceplan from disclosing medical information as defined regarding a patientof the provider or an enrollee or subscriber of the health care serviceplan without first obtaining an authorization except as specified Inaddition to other remedies available existing law authorizes anindividual to bring an action against any person or entity who hasnegligently released his or her confidential records in violation ofthoseprovisions for nominal damages of$lOOO

This bill would specify that in an action brought on or after January1 2012 a court may not award nominal damages if the defendantestablishes specified factors as an affirmative defense including butnot limited to that it is a covered entity as defined and has compliedwith any obligations to notify persons entitled to receive notice regardingthe release of the information The bill would also make a technicalnonsubstantive change

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Vote majority Appropriation no Fiscal committee noState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 5636 of the Civil Code is amended to2 read3 5636 (a) Any violation of the provisions of this part that4 results in economic loss or personal injury to a patient is punishable5 as a misdemeanor6 (b) In addition to any other remedies available at law any7 individual may bring an action against any person or entity who8 has negligently released confidential information or records9 concerning him or her in violation of this part for either or both

10 of the following11 (1) Except as provided in subdivision (e) nominal damages of12 one thousand dollars ($1000) In order to recover under this13 paragraph it shall not be necessary that the plaintiff suffered or14 was threatened with actual damages15 (2) The amount of actual damages if any sustained by the16 patient17 (c) (l) In addition any person or entity that negligently18 discloses medical information in violation of the provisions of this19 part shall also be liable irrespective of the amount of damages20 suffered by the patient as a result of that violation for an21 administrative fine or civil penalty not to exceed two thousand22 five hundred dollars ($2500) per violation23 (2) (A) Any person or entity other than a licensed health care24 professional who knowingly and willfully obtains discloses or25 uses medical information in violation of this part shall be liable26 for an administrative fine or civil penalty not to exceed twenty-five27 thousand dollars ($25000) per violation28 (B) Any licensed health care professional who knowingly and29 willfully obtains discloses or uses medical information in violation30 of this part shall be liable on a first violation for an administrative31 fine or civil penalty not to exceed two thousand five hundred32 dollars ($2500) per violation or on a second violation for an33 administrative fine or civil penalty not to exceed ten thousand34 dollars ($10000) per violation or on a third and subsequent35 violation for an administrative fine or civil penalty not to exceed

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twenty-five thousand dollars ($25000) per violation Nothing inthis subdivision shall be construed to limit the liability of a healthcare service plan a contractor or a provider of health care that isnot a licensed health care professional for any violation of thispart

(3) (A) Any person or entity other than a licensed health careprofessional who knowingly or willfully obtains or uses medicalinformation in violation of this part for the purpose of financialgain shall be liable for an administrative fine or civil penalty notto exceed two hundred fifty thousand dollars ($250000) perviolation and shall also be subject to disgorgement of any proceedsor other consideration obtained as a result of the violation

(B) Any licensed health care professional who knowingly andwillfully obtains discloses or uses medical information in violationofthis part for financial gain shall be liable on a first violation foran administrative fine or civil penalty not to exceed five thousanddollars ($5000) per violation or on a second violation for anadministrative fine or civil penalty not to exceed twenty-fivethousand dollars ($25000) per violation or on a third andsubsequent violation for an administrative fine or civil penalty notto exceed two hundred fifty thousand dollars ($250000) perviolation and shall also be subject to disgorgement of any proceedsor other consideration obtained as a result ofthe violation Nothingin this subdivision shall be construed to limit the liability of ahealth care service plan a contractor or a provider of health carethat is not a licensed health care professional for any violation ofthis part

(4) Nothing in this subdivision shall be construed as authorizingan administrative fine or civil penalty under both paragraphs (2)and (3) for the same violation

(5) Any person or entity who is not permitted to receive medicalinformation pursuant to this part and who knowingly and willfullyobtains discloses or uses medical information without writtenauthorization from the patient shall be liable for a civil penalty notto exceed two hundred fifty thousand dollars ($250000) perviolation

(d) In assessing the amount of an administrative fine or civilpenalty pursuant to subdivision (c) the Office of HealthInformation Integrity licensing agency or certifying board orcourt shall consider anyone or more of the relevant circumstances

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presented by any of the parties to the case including but not limitedto the following

(1) Whether the defendant has made a reasonable good faithattempt to comply with this part

(2) The nature and seriousness of the misconduct(3) The harm to the patient enrollee or subscriber(4) The number of violations(5) The persistence of the misconduct(6) The length of time over which the misconduct occurred(7) The willfulness of the defendants misconduct(8) The defendants assets liabilities and net worth(e) (1) In an action brought by an individual pursuant to

subdivision (b) on or after January 12012 the court shall awardany actual damages and reasonable attorneys fees and costs butmay not award nominal damages for a violation of this part if thedefendant establishes all of the following as an affirmative defense

(A) The defendant is a covered entity as defined in Section160103 of Title 45 of the Code of Federal Regulations

(B) The defendant has complied with any obligations to notifyall persons entitled to receive notice regarding the release of theinformation or records

(C) The release of confidential information or records was solelyto another covered entity

(D) The defendant took appropriate preventive actions to protectthe confidential information or records against release retentionor use by any person or entity other than the covered entity thatreceived the information or records including but not limited to

(i) Developing and implementing security policies andprocedures

(ii) Designating a security official who is responsible fordeveloping and implementing its security policies and proceduresincluding educating and training the workforce

(iii) Encrypting the information or records and protectingagainst the release or use of the encryption key and passwords ortransmitting the information or records in a manner designed toprovide similar protections against improper disclosures

(E) The defendant took appropriate corrective action after therelease of the confidential records or information and the coveredentity that received the information or records immediatelydestroyed or returned the information or records

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(F) The covered entity that received the confidential informationor records did not retain use or release the information or records

(G) The defendant has not Ifeviettsl) vielateti this IMt ef inthe eettrls tiisefetieft tieslite the Ifief vielatieftbeenfound liablefor a violation of this part within the three years preceding thealleged violation or the court determines that application of theaffirmative defense is found to be compelling and consistent withthe purposes ofthis section to promote reasonable conduct in lightof all the facts

(2) In an action under this subdivision a plaintiff shall beentitled to recover reasonable attorneys fees and costs withoutregard to an award of actual or nominal damages

(3) A defendant shall not be liable for more than one judgmenton the merits for a violation of this subdivision

(f) (1) The civil penalty pursuant to subdivision (c) shall beassessed and recovered in a civil action brought in the name of thepeople of the State of California in any court of competentjurisdiction by any of the following

(A) The Attorney General(B) Any district attorney(C) Any county counsel authorized by agreement with the

district attorney in actions involving violation of a countyordinance

(D) Any city attorney of a city(E) Any city attorney of a city and county having a population

in excess of 750000 with the consent of the district attorney(F) A city prosecutor in any city having a full-time city

prosecutor or with the consent of the district attorney by a cityattorney in any city and county

(G) The Director of the Office of Health Information Integritymay recommend that any person described in subparagraphs (A)to (F) inclusive bring a civil action under this section

(2) If the action is brought by the Attorney General one-halfofthe penalty collected shall be paid to the treasurer of the countyin which the judgment was entered and one-half to the GeneralFund If the action is brought by a district attorney or countycounsel the penalty collected shall be paid to the treasurer of thecounty in which the judgment was entered Except as provided inparagraph (3) if the action is brought by a city attorney or cityprosecutor one-half of the penalty collected shall be paid to the

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1 treasurer of the city in which the judgment was entered and one-half2 to the treasurer of the county in which the judgment was entered3 (3) If the action is brought by a city attorney of a city and4 county the entire amount of the penalty collected shall be paid to5 the treasurer of the city and county in which the judgment was6 entered7 (4) Nothing in this section shall be construed as authorizing8 both an administrative fine and civil penalty for the same violation9 (5) Imposition of a fine or penalty provided for in this section

10 shall not preclude imposition of any other sanctions or remedies11 authorized by law12 (6) Administrative fines or penalties issued pursuant to Section13 128015 of the Health and Safety Code shall offset any other14 administrative fine or civil penalty imposed under this section for15 the same violation16 (g) For purposes of this section knowing and willful shall17 have the same meanings as in Section 7 of the Penal Code18 (h) No person who discloses protected medical information in19 accordance with the provisions of this part shall be subject to the20 penalty provisions of this part

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AB 518 Assembly Bill Status Page I of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPICHOUSE+LAST

AB No 518Wagner

Elder and dependentLOCATION SENAMENDED DATE

adult abuse mandated reporters

03232011

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATION

06062011In committee Hearing postponed by committee

SEN BANKING AND FINANCIAL INSTITUTIONS

TITLE An act to repeal Section 7480 of the Government Codeand to amend Section 156301 of and to amend and repealSections 15633 15634 15640 and 156555 of theWelfare and Institutions Code relating to elder anddependent adult abuse

httpwwwleginfocagovpubll-12Ibillasmab_ 0501-0550ab_518_bill_2011 0615_status 652012

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AMENDED IN ASSEMBLY MARCH 23 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 518

Introduced by Assembly Member Wagner

February 152011

Aft aet to amend Seetion 156301 of the Welfare and InstittttionsCode relating to elder abtlse An act to repeal Section 7480 of theGovernment Code and to amend Section 156301 of and to amend andrepeal Sections 15633 15634 15640 and 156555 of the Welfare andInstitutions Code relating to elder and dependent adult abuse

LEGISLATIVE COUNSELS DIGEST

AB 518 as amended Wagner Elder and dependent adult abusemandated reporters

Existing law the Elder Abuse and Dependent Adult Civil ProtectionAct establishes procedures for the reporting investigation andprosecution of elder and dependent adult abuse including but notlimited to financial abuse as defined These procedures require personsdefined as mandated reporters to report known or suspected instancesof elder or dependent adult abuse A violation of the reportingrequirements by a mandated reporter is a misdemeanor Existing lawwhich will be repealed on January 12013 defines who is a mandatedreporter of suspected financial abuse of an elder or dependent adult Aviolation ofthe financial abuse reporting requirements is subject to civilpenalties

This bill would delete the January 1 2013 repeal date and makeconforming changes

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

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AB518 -2-

The people of the State of California do enact asfollows

1 SECTION 1 Section 7480 of the Government Code as2 amended by Section 2 of Chapter 234 of the Statutes of 2008 is3 repealed4 7480 Nothing in this ehapter prohibits an) of the following

(a) The dissemination of an) finaneial information that is not6 identified with or identifiable as being deri ved from the fiftMleial7 reeords of a partietllar etlstomer8 (b) When any poliee or sheriffs department or distriet attorney9 in this state eertines to a bank eredit tlftion or savin-gsassoeiation

in 4vritingthat a erime report has been filed that involves the11 alleged fratldttlent tlse of drafts eheeks or other orders drawfl12 tlJon MtY bank eredit tlftion or Sltv ings assoeiation in this state13 the poliee or sheriffs department or distriet attomey a eotlnty14 adttlt proteeti-ve sen iees oftiee 4vhen investigating the finaneial

abttse of an elder or dependent adttlt or a long term eare16 ombttdsman when investigating the finaneial abttse of an elder or17 dependent adttlt rna reqtlest a bank eredit tlftion or savings18 assoeiation to fttmish and a bank eredit tlftion or savings19 assoeiation shall fttmish a statement setting forth the folIowing

information with respeet to a etlstomer aeeotlnt speeified b) the21 reqttesting parry for a period 30 da s prior to and tlJ to 30 da) s22 following the date ofoeetnTenee of the alleged illegal aet invohin-g23 the aeeotlftt24 (1) The Itttftlber of items dishonored

(2) The nttmber of items paid that ereated Oierdrafts26 (3) The dollar volttme of the dishonored items and items paid27 whieh ereated overdrafts and a statement explaining an) eredit28 atTangementbetween the bank eredit tlftion or savin-gsassoeiation29 and etlstomer to pa) 0verdrafts

(4) The dates and amotlnts of deposits and debits and the aeeotlftt31 balanee on these dates32 (5) A eoJry of the signattlre eard inelttding the signattlre and33 an) addresses appearing on a etlstomers signattlre eard34 (6) The date the aeeottnt opened and ifapplieable the date the

aeeotlnt elosed36 (7) A bank eredit tlftion or saTvingsassoeiation that proiides37 the reqtlesting part) vvith eopies of one or more eomplete aeeottnt

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the taxpa er (2) the (iireet deposit refund bullbullas not rettlmed to theFranehise Tax Board and (3) the remnd TnaSdeposited direetlyon a speeifled date into the aeeotlftt of an aeeotmtholder of theflnaneial instittttion bullbullho bullbullas not entitled to reeei v e the refttndthen the flnaneial instittttion shall fttntish to the Franehise TaxBoard the name and address ofan eoo w ner eosigtter or an otherperson bullbullho had aeeess to the mnds in the aeeotlttt follo bullbulling thedate ofdiIeet deposit refund or if the aeeotmt has been dosed thename and address of the person bullbullho dosed the aeeOtlftt

(s) This seetion shall beeome operati v e on Jaftttary 1 2013SECTION 1SEC 2 Section 156301 of the Welfare and Institutions Code

is amended to read156301 (a) As used in this section mandated reporter of

suspected financial abuse of an elder or dependent adult meansall officers and employees of financial institutions

(b) As used in this section the term financial institution meansany of the following

(l) A depository institution as defined in Section 3(c) of theFederal Deposit Insurance Act (12 USC Sec 1813(c))

(2) An institution-affiliated party as defined in Section 3(u) ofthe Federal Deposit Insurance Act (12 USC Sec 1813(u))

(3) A federal credit union or state credit union as defined inSection 101 ofthe Federal Credit Union Act (12 USC Sec 1752)including but not limited to an institution-affiliated party of acredit union as defined in Section 206(r) of the Federal CreditUnion Act (12 USc Sec 1786(r))

(c) As used in this section financial abuse has the samemeaning as in Section 1561030

(d) (l) Any mandated reporter of suspected financial abuse ofan elder or dependent adult who has direct contact with the elderor dependent adult or who reviews or approves the elder ordependent adults financial documents records or transactionsin connection with providing financial services with respect to anelder or dependent adult and who within the scope of his or heremployment or professional practice has observed or hasknowledge of an incident that is directly related to the transactionor matter that is within that scope of employment or professionalpractice that reasonably appears to be financial abuse or whoreasonably suspects that abuse based solely on the information

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before him or her at the time of reviewing or approving thedocument record or transaction in the case of mandated reporterswho do not have direct contact with the elder or dependent adultshall report the known or suspected instance of financial abuse bytelephone immediately or as soon as practicably possible and bywritten report sent within two working days to the local adultprotective services agency or the local law enforcement agency

(2) When two or more mandated reporters jointly haveknowledge or reasonably suspect that financial abuse of an elderor a dependent adult for which the report is mandated has occurredand when there is an agreement among them the telephone reportmay be made by a member of the reporting team who is selectedby mutual agreement A single report may be made and signed bythe selected member of the reporting team Any member of theteam who has knowledge that the member designated to report hasfailed to do so shall thereafter make that report

(3) If the mandated reporter knows that the elder or dependentadult resides in a long-term care facility as defined in Section1561047 the report shall be made to the local ombudsman or locallaw enforcement agency

(e) An allegation by the elder or dependent adult or any otherperson that financial abuse has occurred is not sufficient to triggerthe reporting requirement under this section if both of the followingconditions are met

(1) The mandated reporter of suspected financial abuse of anelder or dependent adult is aware of no other corroborating orindependent evidence of the alleged financial abuse of an elder ordependent adult The mandated reporter of suspected financialabuse of an elder or dependent adult is not required to investigateany accusations

(2) In the exercise of his or her professional judgment themandated reporter of suspected financial abuse of an elder ordependent adult reasonably believes that financial abuse of anelder or dependent adult did not occur

(f) Failure to report financial abuse under this section shall besubject to a civil penalty not exceeding one thousand dollars($1000) or if the failure to report is willful a civil penalty notexceeding five thousand dollars ($5000) which shall be paid bythe financial institution that is the employer of the mandated

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reporter to the party bringing the action Subdivision (h) of Section15630 shall not apply to violations of this section

(g) (1) The civil penalty provided for in subdivision (f) shallbe recovered only in a civil action brought against the financialinstitution by the Attorney General district attorney or countycounsel No action shall be brought under this section by anyperson other than the Attorney General district attorney or countycounsel Multiple actions for the civil penalty may not be broughtfor the same violation

(2) Nothing in the Financial Elder Abuse Reporting Act of2005shall be construed to limit expand or otherwise modify any civilliability or remedy that may exist under this or any other law

(h) As used in this section suspected financial abuse of anelder or dependent adult occurs when a person who is requiredto report under subdivision (a) observes or has knowledge ofbehavior or unusual circumstances or transactions or a pattern ofbehavior or unusual circumstances or transactions that would leadan individual with like training or experience based on the samefacts to form a reasonable belief that an elder or dependent adultis the victim of financial abuse as defined in Section 1561030

(i) Reports of suspected financial abuse of an elder or dependentadult made by an employee or officer of a financial institutionpursuant to this section are covered under subdivision (b) of Section47 of the Civil Code

SEC 3 Section 15633 of the Welfare and Institutions Codeas amended by Section 5 of Chapter 140 of the Statutes of 2005is amended to read

15633 (a) The reports made pursuant to Sections 15630156301 and 15631 shall be confidential and may be disclosedonly as provided in subdivision (b) Any violation of theconfidentiality required by this chapter is a misdemeanorpunishable by not more than six months in the county jail by afine of five hundred dollars ($500) or by both that fine andimprisonment

(b) Reports of suspected abuse of an elder or dependent adultand information contained therein may be disclosed only to thefollowing

(1) Persons or agencies to whom disclosure of information orthe identity of the reporting party is permitted under Section156335

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(2) (A) Persons who are trained and qualified to serve onmultidisciplinary personnel teams may disclose to one anotherinformation and records that are relevant to the preventionidentification or treatment of abuse of elderly or dependentpersons

(B) Except as provided in subparagraph (A) any personnel ofthe multidisciplinary team or agency that receives informationpursuant to this chapter shall be under the same obligations andsubject to the same confidentiality penalties as the persondisclosing or providing that information The information obtainedshall be maintained in a manner that ensures the maximumprotection of privacy and confidentiality rights

(c) This section shall not be construed to allow disclosure ofany reports or records relevant to the reports of abuse of an elderor dependent adult if the disclosure would be prohibited by anyother provisions of state or federal law applicable to the reports orrecords relevant to the reports of the abuse nor shall it be construedto prohibit the disclosure by a financial institution of any reportsor records relevant to the reports of abuse of an elder or dependentadult if the disclosure would be required of a financial institutionby otherwise applicable state or federal law or court order

(d) This seetion shall remain in dIcet on) tmtilJantmry I 2813and as of that date is repealed unless a later enaeted statute thatis enaeted before JMlt1ary12813 deletes or extends that date

SEC 4 Section 15633 of the Welfare and Institutions Codeas added by Section 6 of Chapter 140 of the Statutes of 2005 isrepealed

15633 (a) The leports made ptlrstlMlt to Seetions 15638 and15631 shall be eonndential and may be diselosed on) as pro videdin stlbdivision (b) AIl) violation of the eonfidetttialrt reqtliredbythis ehapter is a misdemeanor ptlnishable bynot more than sixmoftths in the eounry jail b)l a nne ofn Vehundred dollars ($588)or byboth that nne and imprisonment

(b) Reports of stlspeeted elder 01 dependent adttlt abttse andinfenmation eontained therein may be diselosed only to thefollo vving

(1) Persons or ageneies to vvhomdiselostlfe of information orthe identity of the reporting pMty is permitted tlnder Seetion156335

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(2) EA) Persems who Me trftined Md qtlftlified to sene onmtlltidiseiplinftfjf persoflftel teftll1smfty diselose to one Mlotherinfermtttion Md reeords thftt Me relevflnt to the preventionidentifiefttion or trefttment of ftbttse of elderly or dependentpersons

EB) Exeept ftSpro vided in SMpMftgrftph EA) Mly personnel ofthe ftltlltidiseiplinftry teftftl or ftgeney thftt reeeives informfttionptlrstlftnt to this ehflPtel shftH he tinder the sftme ohligfttions ftndsttbjeet to the sftme eonfidentiftlity penftlties ftS the pelsondisdosing or pro viding thftt infermfttion The informfttion ohtftinedshftH he mftintftined in ft ftlftflfter thftt enstlfes the ftlftXimttmproteetion ofprivftey ftnd eonfidentiftlity rights

Ee) This seetion shftH not he eonstftled to ftHo diselostlfe ofMy reports or reeords rde vMit to the reports of elder or dependentftdttlt ftbttse if the disdostlfe votlld he prohibited hy My other110visions of stftte or federftllft bullbull ftppliefthle to the reports or reeordsrele vftnt to the reports of the flbttse

Ed) This seetion shftH heeome operftti ve on Jftntlftry I 2013SEC 5 Section 15634 of the Welfare and Institutions Code

as amended by Section 7 of Chapter 140 of the Statutes of 2005is amended to read

15634 (a) No care custodian clergy member healthpractitioner mandated reporter of suspected financial abuse of anelder or dependent adult or employee of an adult protectiveservices agency or a local law enforcement agency who reports aknown or suspected instance of abuse of an elder or dependentadult shall be civilly or criminally liable for any report requiredor authorized by this article Any other person reporting a knownor suspected instance of abuse of an elder or dependent adult shallnot incur civil or criminal liability as a result of any reportauthorized by this article unless it can be proven that a false reportwas made and the person knew that the report was false No personrequired to make a report pursuant to this article or any persontaking photographs at his or her discretion shall incur any civil orcriminal liability for taking photographs of a suspected victim ofabuse of an elder or dependent adult or causing photographs to betaken of such a suspected victim or for disseminating thephotographs with the reports required by this article Howeverthis section shall not be construed to grant immunity from thisliability with respect to any other use of the photographs

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(b) No care custodian clergy member health practitionermandated reporter of suspected financial abuse of an elder ordependent adult or employee of an adult protective services agencyor a local law enforcement agency who pursuant to a request froman adult protective services agency or a local law enforcementagency investigating a report of known or suspected abuse of anelder or dependent adult provides the requesting agency withaccess to the victim of a known or suspected instance of abuse ofan elder or dependent adult shall incur civil or criminal liabilityas a result of providing that access

(c) The Legislature finds that even though it has providedimmunity from liability to persons required to report abuse of anelder or dependent adult immunity does not eliminate thepossibility that actions may be brought against those persons basedupon required reports of abuse In order to further limit the financialhardship that those persons may incur as a result of fulfilling theirlegal responsibilities it is necessary that they not be unfairlyburdened by legal fees incurred in defending those actionsTherefore a care custodian clergy member health practitioneror an employee of an adult protective services agency or a locallaw enforcement agency may present to the StMe B6Md 6pound C6ntr61California Victim Compensation and Government Claims Boarda claim for reasonable fttt6meys attorneys fees incurred in anyaction against that person on the basis of making a report requiredor authorized by this article if the court has dismissed the actionupon a demurrer or motion for summary judgment made by thatperson or if he or she prevails in the action The StMe B6ftrd 6fC6ntr61 California Victim Compensation and Government ClaimsBoard shall allow that claim if the requirements ofthis subdivisionare met and the claim shall be paid from an appropriation to bemade for that purpose Att6mey s Attorneys fees awarded pursuantto this section shall not exceed an hourly rate greater than the ratecharged by the Attorney General at the time the award is madeand shall not exceed an aggregate amount of fifty thousand dollars($50000) This subdivision shall not apply if a public entity hasprovided for the defense of the action pursuant to Section 995 ofthe Government Code

(d) This seeti6n shftll remftin in dfeet 6ttly tmtil J8fttlfll)1 2013ftnd ftS6pound thftt dMe is repeftled wIess ft IMer enfteted stMute thMis en8eted before Jftftt18ry12013 deletes 6r extends thM dMe

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SEC 6 Section 15634 of the Welfare and Institutions Codeas amended by Section 711 ojChapter 538 of the Statutes oj2006is repealed

15634 eft) No eMe etlstodimt ele~ member hea-lthpraetitioner or employee of an adttlt proteeti-ve serviees ageneyor a loeal larn enforeement ageney who reports a lrnown orsttspeeted instanee of elder or dependent adtllt abtlse shaHbe eiviHyor eriminalry liable for any report reqttired or attthorizedby thisartiele Any other peIson reporting a lrnOWfior stlspeeted instaneeof elder or dependeItt adttIt abtlse shall not inettr ei vil or eriminalliability as a restllt of any report attthorizedby this artiele ttnlessit ean be pro ven that a false report was made and the person knewthat the report vvasrelse gteJoperson reqtlired to make a reportptlrstlant to this artiele or any person taking photographs at his orher diseretion shall inettr any eivii or eriminalliability fer takingphotographs of a stlspeeted vietim of elder or dependent adtlltabtlse or eattsing photographs to be taken of the stlspeeted vietimor fOIdisseminating the photographs with the reports reqtlired bythis artiele However this seetion shall not be eonstmed to gIantimmttnity from this liability vvithrespeet to any other tlse of thephotographs

(b) No eMe etlstodian el~ member health praetitioner oremployee of an adtlIt proteetive seniees ageney or a loea-l lawenfereemeItt ageney who pttrsttant to a reqtlest from an adttltproteeti-ie seniees ageney or a loeal lavI enforeemeItt ageneyinvestigating a report of lrnOViftor stlspeeted elder or dependentadtllt abtlse proides the reqtlesting ageney with aeeess to thevietim of a lrnovvnor stlspeeted instanee of elder or dependeIttadttlt abtlse shall inettr eiviI or eriminal liability as a restlIt ofpro viding that aeeess

ee) The Legislatttre finds that even thOtlgh it has pIOvidedimmtlnity from liability to peIsons reqtlired to report elder ordependent mit abttse immtlIlity does not eliminate the possibilitythat aetions may be brotlght agamst those persons based tlJ0nreqtlired reports of abtlse In order to fttrther limit the finaneialhardship that those persons may inettr as a resttIt offttlfilling theirlegal responsibilities it is neeessary that they not be tlftreirlybttrdened by legal fees inetlffed in defending those aetionsTherefore a eMeetlstodian ele~ member health praetitioneror employee ofan adttlt proteetive seniees ageney or a loeallffi7t

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enfOieement agene)l ma) present to the CalifeJmia VietimCempensatien and Geemment Claims BeMd a elaim feJrreasenable atteme)s fees inetJifedin any aetien agffinstthat persenen the basis efmMcinga repert reqtlired er attth6rizedb)l this Mtieleif the eeM has dismissed the aetien t1pen a demtlffer el metienfur sttmillM)lj tldgment made b that persen el ifhe er she preailsin the aetien The Califumia Vietim Cempensatien andGeemment Claims Beard shall allew that ehtim if thereqtlirements ef this sttbdi isien Me met and the elaim shall bepaid fl6man fllprepriatien te be made fur that ptllpese Atteme) sfees aarded ptliStlMltto this seetien shall net exeeedan hetlilyrate greater than the late eharged b the Attemey General at thetime the aard is made and sh8llnet exeeedan aggregate amettllteffitty thetlsanBdellMs ($50000) This sttbdF isien shall net applyif a pttblie enti) has pmbullided fer the defense ef the aetien ptlistlantte Seetien 995 ef the Ge emment Cede

(6) This seetien shall beeeme eperatie en JMttlM)12013SEC 7 Section 15640 of the Welfare and Institutions Code

as amended by Section 9 of Chapter 140 of the Statutes of2005is amended to read

15640 (a) (1) An adult protective services agency shallimmediately or as soon as practically possible report by telephoneto the law enforcement agency having jurisdiction over the caseany known or suspected instance of criminal activity and to anypublic agency given responsibility for investigation in thatjurisdiction of cases of elder and dependent adult abuse everyknown or suspected instance of abuse pursuant to Section 15630or 156301 of an elder or dependent adult A county adult protectiveservices agency shall also send a written report thereof within twoworking days of receiving the information concerning the incidentto each agency to which it is required to make a telephone reportunder this subdivision Prior to making any cross-report ofallegations of financial abuse to law enforcement agencies anadult protective services agency shall first determine whether thereis reasonable suspicion of any criminal activity

(2) If an adult protective services agency receives a report ofabuse alleged to have occurred in a long-term care facility thatadult protective services agency shall immediately inform theperson making the report that he or she is required to make thereport to the long-term care ombudsman program or to a local law

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enforcement agency The adult protective services agency shallnot accept the report by telephone but shall forward any writtenreport received to the long-term care ombudsman

(b) If an adult protective services agency or local lawenforcement agency or ombudsman program receiving a report ofknown or suspected elder or dependent adult abuse determinespursuant to its investigation that the abuse is being committed bya health practitioner licensed under Division 2 (commencing withSection 500) of the Business and Professions Code or any relatedinitiative act or by a person purporting to be a licensee the adultprotective services agency or local law enforcement agency orombudsman program shall immediately or as soon as practicallypossible report this information to the appropriate licensingagency The licensing agency shall investigate the report in lightof the potential for physical harm The transmittal of informationto the appropriate licensing agency shall not relieve the adultprotective services agency or local law enforcement agency orombudsman program of the responsibility to continue its owninvestigation as required under applicable provisions of law Theinformation reported pursuant to this paragraph shall remainconfidential and shall not be disclosed

(c) A local law enforcement agency shall immediately or assoon as practically possible report by telephone to the long-termcare ombudsman program when the abuse is alleged to haveoccurred in a long-term care facility or to the county adultprotective services agency when it is alleged to have occurredanywhere else and to the agency given responsibility for theinvestigation of cases of elder and dependent adult abuse everyknown or suspected instance of abuse of an elder or dependentadult A local law enforcement agency shall also send a writtenreport thereof within two working days of receiving the informationconcerning the incident to any agency to which it is required tomake a telephone report under this subdivision

(d) A long-term care ombudsman coordinator may report theinstance of abuse to the county adult protective services agencyor to the local law enforcement agency for assistance in theinvestigation of the abuse if the victim gives his or her consent Along-term care ombudsman program and the Licensing andCertification Division ofthe State Department ofIIealth SeI ieesPublic Health shall immediately report by telephone and in writing

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AB518 -20-

1 within two working days to the bureau any instance of neglect2 occurring in a health care facility that has seriously harmed any3 patient or reasonably appears to present a serious threat to the4 health or physical well-being of a patient in that facility If a victim5 or potential victim of the neglect withholds consent to being6 identified in that report the report shall contain circumstantial7 information about the neglect but shall not identify that victim or8 potential victim and the bureau and the reporting agency shall9 maintain the confidentiality of the report until the report becomes

lOa matter of public record11 (e) When a county adult protective services agency a long-term12 care ombudsman program or a local law enforcement agency13 receives a report of abuse neglect or abandonment of an elder or14 dependent adult alleged to have occurred in a long-term care15 facility that county adult protective services agency long-term16 care ombudsman coordinator or local law enforcement agency17 shall report the incident to the licensing agency by telephone as18 soon as possible19 (f) County adult protective services agencies long-term care20 ombudsman programs and local law enforcement agencies shall21 report the results of their investigations of referrals or reports of22 abuse to the respective referring or reporting agencies23 Eg) This seeti6n shall remain in dIcet 6ny tlfttilJ~ 1201324 and as 6f that date is repealed unless a later enaeted stMttte that25 is enaeted bef6re Janttary 12013 deletes 6r extends that date26 SEC 8 Section 15640 of the Welfare and Institutions Code27 as added by Section 10 of Chapter 140 of the Statutes of 2005 is28 repealed 29 15640 Ea) E1) An adult pr6teeti e sen iees ageney shall30 immediate) 6r as S66nas praetieal) p6ssible rep6rt 0 te1eph6ne31 t6 the la~ enf6reement ageney haing jttrisdieti6n 6er the ease32 an kntMfl6r suspeeted instanee 6f eriminal aeth it) and t6 any33 pttblie agene gien resp6nsibilit) f6r illestigMi6n in that34 jurisdieti6n 6f eases 6f elder and dependent adttlt abuse eery35 kfl6n6r suspeeted instanee 6f aetlse purstlant t6 Seeti6n 1563036 6f an elder 6r dependent adttlt A e6t11ltyadttlt pr6teeti e sen iees37 ageney shall als6 send a TV ritten rep6rt there6f Vv ithin ti 6 V 6rking38 days 6f reeeiving the inwrmati6n e6neeming the ineident t6 eaeh39 ageney t6 vv hieh it is reqtlired t6 make a teleph6ne Iep6rt tlftder40 this subdiisi6n Pri6r t6 making an er6SSIep6rt 6f allegati6ns

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offilumeial abttse to lavvenforeemertt a-geneiesMladult proteetFesen iees agene) shaH first determine whether there is reasonablesuspieion of tmJ eriminM aeti vit

(2) If an adult proteeti ve sen iees agene) reeei ves a report ofabttse alleged to ha ve oeettlTed in a long teml eare faeilit) thatadttlt proteeti ve sen iees ageney shall immediate) infoml theperson making the report that he or she is required to make thereport to the long term eare ombttdsman program 01 to aloeallawenforeemertt a-geneyThe adttlt proteeti ve sen iees agene) shallnot aeeept the report b) telephone btlt shall fonvMd flit) vvTittenreport leeehed to the long teml eare ornbtldsman

(b) If an adtllt proteetive seniees ageney or loeal lawenforeement agene) or ornbtldsman program reeei vinga report ofkftovm or stlspeeted elder or dependent adttlt MtlSe determinespttrstlartt to its inYestigationthat the flbttseis being eommitted bya health 11aetitioner lieensed tlftder Division 2 (eonJffieneingwithSeetion 500) of the Btlsiness flftdProfessions Code or flit) lelatedinitiatiye aet or by a person ptlrporting to be a lieensee the adtlltproteetive seniees a-gene) or loeallaw enforeement agene) orombttdsman program shall immediate) or as soon as praetieall)possible report this mformation to the appropriate lieensingagene) The lieensing agene) shall investigate the report in lightof the poterttial fur ph) sieal hamlThe trMlsmittfllof informationto the appropriate lieensing agene) shall not relieve the adtlltproteethe serviees agene) or loeallaw enforeement agene) orornbtldsmflft program of the responsibility to eorttinue its 0~vninvestigation as reqttired tlftder applieable provisions of law Theinformation reported pttrstlant to this paragraph shall remaineoniiderttial flItdshfl11not be diselosed

(e) A loealla bullbull enforeement agefte) shall immediate) or assoon as praetieal) possible report b) telephone to the long termeare ombtldsman program bullbullhen the abtlse is alleged to haveoeetllTed in a long term eare faeilit) or to the eotlnt) adttltproteetive seniees agene) bullbullhen it is alleged to have oeeUlfedan) vvhere else flftd to the agene) gh en responsibilit) for theinvestigation of eases of elder and dependent adttlt abtlse everykftovm or stlspeeted instflftee of MtlSe of an elder or dependerttadttlt A loeallaw enforeement ageney shall also send a Ylfittenreport thereof bullbullithin ftv0 vvorking dfl)s ofreeei ving the infomlation

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eoneeming the ineident to an agenC) to vvhieh it is reqtlired toftutke a telephone report tlIlderthis stlbdh ision

Ed) A long tenn eare ombttdsman eoordinator mll) report theinstlllleeof abtlse to the eot1llryadttlt proteetive seniees ageneyor to the loeal la bullbull enforeement agenC) for assistlllleein theinvestigationof the abttse if the vietim gives his or her eonsent Along tenn eMe ombtldsmllllprogram llIldthe Lieensing llIldCertifieation Division of the State DepMtment ofIIealth Senieesshall immediately report b telephone llIldin vvriting vvithin hiv0tv orkingdll) s to the bm eatl an instlllleeof negleet oeet1ffingin ahealth eare faeiliry that has seriotlsl hMmed an patient orreasonably appeMs to present a seriotls threat to the health orph sieal vvell being of a patient in that ffteiliry If a J ietim orpotential TV ietim of the neglect vithholds eonsent to being identifiedin that report the report shall eontain eirettmstlllltialinformationabom the negleet bm shall not identif) that vietim or potentialvietim and the bttreatl llIldthe reporting agenC) shall maintain theeoniidentialiry of the report tlntil the report beeomes a matter ofptlblie reeord

Ee) hen a eotlllryadttlt proteeti ve sen iees agenC) a long termeare ombtldsman program or a loeal la enforeement ageneyreeeives a report ofabttse negleet or ablllldonmentofllllelder ordependent adttlt alleged to have oeet1ffedin a long term earefaeiliry that eotlnty adtllt proteeti ve sen iees agenC) long termeare ombtldsmlllleoordinator or loeallavv enforeement ageneyshall report the ineident to the lieensing agene b telephone assoon as possible

ED COtl1lt)adtllt proteetive seniees ageneies long term eareombttdsman programs and 10ea1lavvenforeement ageneies shallreport the restllts of their investigations of referrals or reports ofabtlse to the respeetive referring or reporting ageneies

Eg) This seetion shall beeome operative on JllIlt1flry12013SEC 9 Section 156555 of the Welfare and Institutions Code

as amended by Section 11 of Chapter 140 of the Statutes of 2005is amended to read

156555 A county adult protective services agency shallprovide the organizations listed in paragraphs (v) (w) and (x) ofSection 1561017 and mandated reporters of suspected financialabuse of an elder or dependent adult pursuant to Section 156301with instructional materials regarding abuse and neglect of an elder

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1 or dependent adult and their obligation to report under this chapter2 At a minimum the instructional materials shall include the3 following4 (a) An explanation of abuse and neglect of an elder or dependent

adult as defined in this chapter6 (b) Information on how to recognize potential abuse and neglect7 of an elder or dependent adult8 (c) Information on how the county adult protective services9 agency investigates reports of known or suspected abuse and

neglect11 (d) Instructions on how to report known or suspected incidents12 of abuse and neglect including the appropriate telephone numbers13 to call and what types of information would assist the county adult14 protective services agency with its investigation of the report

(e) This seetion shall remain in eifcet only tlfttil Jflfttlttry 1 201316 and as of that date is repealed tmless a later enaeted stattlte that17 is enaeted before Jafttlttry 12013 deletes or extends that date18 SEC 10 Section 156555 of the Welfareand Institutions Code19 as amended by Section 712 of Chapter 538 of the Statutes of2006

is repealed21 156555 A eottftt) achtlt proteetive serviees agene) shall22 pmvide the organi2ations listed in paragraphs (v) (vv) and Ex) of23 Seetion 1561017 with instItletional materials regarding elder and24 dependent achtlt abtlse and negleet and their obligation to report

under this ehapter At a minimum the instruetional materials shall26 inelude the follovving27 (a) An explanation of elder and dependent achtlt abuse and28 negleet as defined in this ehapter29 (b) Information on how to reeogni2e potential elder and

dependent achtlt abuse and negleet31 (e) Information on ho vIthe eottftt) achtlt proteeti ve serv iees32 agene) investigates reports of knovm or suspeeted abuse and33 negleet34 (d) Instmetions on hovv to report ]movvn or suspeeted ineidents

of abuse and negleet ineltlding the appropriate telephone llt11llbers36 to eall and what rypes of information vvould assist the eount) adult37 proteetirv e sen iees agene) with its in (estigation of the report38 (e) This seetion shall beeome operati e on January I 20 13

o

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AB 608 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 608Pan

Health care coverage telemedicine

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to health care

httpwww1eginfocagovpubII-12Ibillasmab_0601-0650ab _608_ bill_ 20120201_status 652012

-

AB 783 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 783AUTHOR(S) HayashiTOPIC Professional corporations licensed physical therapists

and occupational therapists+LAST AMENDED DATE 04072011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

COMMCOMMCOMM

HIST ACT DATEHIST ACTION

From committeeRule 62(a)

LOCATION SENACTION DATEACTION

06282011In committee Set second hearing Failed passagewithout further action pursuant to Joint

LASTLAST

BUSINESS PROFESSIONS AND ECONOMIC DEVELOPMENT06272011

Set second hearing Failed passage in Committee

TITLE An act to amend Section 2406 of the Business andProfessions Code and to amend Section 134015 of theCorporations Code relating to professional corporations

httpwwwleginfocagovpub11-12billasmab_0751-0800ab_783_bill_20111115_status 652012

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AMENDED IN ASSEMBLY APRIL 7 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 783

Introduced by Assembly Member Hayashi

February 172011

An act to amend Section 2406 of the Business and Professions Codeand to amend Section 134015 of the Corporations Code relating toprofcssiemal eorporations and deelaring the mgeney thereof to tttkeeffeet immediatelyprofessional corporations

LEGISLATIVE COUNSELS DIGEST

AB 783 as amended Hayashi Professional corporations licensedphysical therapists and occupational therapists

Existing law regulating professional corporations provides that certainhealing arts practitioners may be shareholders officers directors orprofessional employees of a medical corporation-er-a podiatric medicalcorporation or a chiropractic corporation subject to certain limitations

This bill would add licensed physical therapists and licensedoccupational therapists to the list of healing arts practitioners who maybe shareholders officers directors or professional employees of thosecorporations The bill would also make conforming changes to a relatedprovision

This bill vv otlld deelare that it is to take etteet immediately as anmgeney statttte

Vote -majority Appropriation no Fiscal committee noState-mandated local program no

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Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 2406 of the Business and Professions2 Code is amended to read3 2406 A medical corporation or podiatry corporation is a4 corporation that is authorized to render professional services as

defined in Sections 13401 and 134015 ofthe Corporations Code6 so long as that corporation and its shareholders officers directors7 and employees rendering professional services who are physicians8 and surgeons psychologists registered nurses optometrists9 podiatrists chiropractors acupuncturists naturopathic doctors

physical therapists or in the case of a medical corporation only11 physician assistants marriage and family therapists or clinical12 social workers are in compliance with the Moscone-Knox13 Professional Corporation Act the provisions of this article and all14 other statutes and regulations now or hereafter enacted or adopted

pertaining to the corporation and the conduct of its affairs16 With respect to a medical corporation or podiatry corporation17 the governmental agency referred to in the Moscone-Knox18 Professional Corporation Act is the board19 SEC 2 Section 134015 of the Corporations Code is amended

to read21 134015 Notwithstanding subdivision (d) of Section 1340122 and any other provision of law the following licensed persons23 may be shareholders officers directors or professional employees24 of the professional corporations designated in this section so long

as the sum of all shares owned by those licensed persons does not26 exceed 49 percent ofthe total number of shares of the professional27 corporation so designated herein and so long as the number of28 those licensed persons owning shares in the professional29 corporation so designated herein does not exceed the number of

persons licensed by the governmental agency regulating the31 designated professional corporation32 (a) Medical corporation33 (1) Licensed doctors of podiatric medicine34 (2) Licensed psychologists

(3) Registered nurses36 (4) Licensed optometrists37 (5) Licensed marriage and family therapists38 (6) Licensed clinical social workers

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-3-

(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists(10) Naturopathic doctors(11) Licensed physical therapists(12)Licensed occupational therapists(b) Podiatric medical corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed optometrists(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(8) Licensed physical therapists(9) Licensed occupational therapists(c) Psychological corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Registered nurses(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed chiropractors(8) Licensed acupuncturists(9) Naturopathic doctors(d) Speech-language pathology corporation(1) Licensed audiologists(e) Audiology corporation(1) Licensed speech-language pathologists(t) Nursing corporation(l) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists

AB783

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AB783 -4-

(10) Naturopathic doctors(g) Marriage and family therapy corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed clinical social workers(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(h) Licensed clinical social worker corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed marriage and family therapists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(i) Physician assistants corporation(1) Licensed physicians and surgeons(2) Registered nurses(3) Licensed acupuncturists(4) Naturopathic doctorsG) Optometric corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(k) Chiropractic corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed acupuncturists(9) Naturopathic doctors

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-5- AB783

(10) Licensed physical therapists(11) Licensed occupational therapists(l) Acupuncture corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed physician assistants(9) Licensed chiropractors(10) Naturopathic doctors(m) Naturopathic doctor corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed physician assistants(5) Licensed chiropractors(6) Licensed acupuncturists(7) Licensed physical therapists(8) Licensed doctors of podiatric medicine(9) Licensed marriage family and child counselors(10) Licensed clinical social workers(11) Licensed optometrists(n) Dental corporation(1) Licensed physicians and surgeons(2) Dental assistants(3) Registered dental assistants(4) Registered dental assistants in extended functions(5) Registered dental hygienists(6) Registered dental hygienists in extended functions(7) Registered dental hygienists in alternative practiceSEC 3 This aet is Ml ttrgene statttte neeessary for the

immediatepresenation of the ptlblie peaee hettlihor saferyvvithinthe meMling of Miele IV of the Constittttion Mld shaHgo intoimmediate effeet The fftets eonstitttting the neeessiry Me

In order to 8t1thorizelieensed physieal therapists to beshareholders offieers mreetors or professional employees of

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1 memeal eorpofatiofts andpodiatrie medieal eorpofatiofts as soOft2 as possible it is fteeessary that this aet tftke dIeet immediately

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AB 800 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 800Huber

Boards and commissions time reporting

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to add Section 1156410 to the Government Coderelating to boards and commissions

httpwwwleginfocagovpubI11-12billasmlab_0751-0800ab _800_ bill_20120201_status 652012

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AB 958 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 958Bill Berryhill

Regulatory boards limitations periods

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to Art IV Sec 10(e) of theFrom committee Filed with the Chiefto Joint Rule 56BUSINESS PROFESSIONS AND CONSUMER PROTECTION

TITLE An act to add Section 1105 to and to repeal Sections16702 22305 296005 3137 375051 498205499032 5561 5661 76865 988420 and 98898 of theBusiness and Professions Code relating to regulatoryboards

httpwwwleginfocagovpub11-12lbillasmlab_0951-1 OOOab_958 _bill_ 20120202_ status 652012

AB 1003 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 1003Smyth

Professional and vocational licenses

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to professional and vocational licenses

httpwwwleginfocagovpubll-12Ibillasmlab_l00l-l 050ab_1003 _bill_2012020 I_statu 652012

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AB 1205 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1205AUTHOR(S) Bill BerryhillTOPIC Licensed behavior analysts+LAST AMENDED DATE 04042011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to amend Section 499018 of and to add Chapter52 (commencing with Section 252971) to Division 2 ofthe Business and Professions Code relating to healingarts

httpwwwleginfocagovpub11-12billasmab _120 1-1250ab_1205 _bill_20 120201_statu 652012

AB 1435 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1435AUTHOR(S) Dickinson (Coauthors Alejo Buchanan and Hill) TOPIC Child abuse reporting athletic personnelHOUSE LOCATION SEN+LAST AMENDED DATE OS252012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredState-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS for

LASTLAST

APPROPRIATIONSOS252012

Do pass as amendedAyes 17 Noes OOPASS

TITLE An act to amend Section 111657 of the Penal Coderelating to child abuse reporting

httpwww1eginfocagovpub11-12lbiIVasmab_140 1-1450ab _1435 _bill~0120601_statu 652012

AMENDED IN ASSEMBLY MAY 25 2012

AMENDED IN ASSEMBLY MARCH 21 2012

AMENDED IN ASSEMBLY MARCH 142012

AMENDED IN ASSEMBLY FEBRUARY 29 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1435

Introduced by Assembly Member Dickinson(Coauthors Assembly Members Alejo Buchanan and Hill)

January 4 2012

An act to amend Section 111657 of the Penal Code relating to childabuse reporting

LEGISLATIVE COUNSELS DIGEST

AB 1435 as amended Dickinson Child abuse reporting athleticpersonnel

Existing law the Child Abuse and Neglect Reporting Act requiresa mandated reporter as defined to report whenever he or she in his orher professional capacity or within the scope of his or her employmenthas knowledge of or observed a child whom the mandated reporterknows or reasonably suspects has been the victim of child abuse orneglect Failure to report an incident is a crime punishable byimprisonment in a county jail for a period of up to 6 months a fine ofup to $1000 or by both that imprisonment and fine

This bill would add athletic coaches athletic administrators andathletic directors employed by a public or private organization to thelist of individuals who are mandated reporters The bill otlld reqtlirean ptlblie or pri v ate orgflftizationernplo ing flftathletieeoaen Mhletie

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AB 1435 -2-

ftdministrator or Mhletie direetor to hftve provided initiftl trftining byJflfttlM) I 2014 on speeified mfttters relMing to ehiM a-bttse ftftdnegleetfor those employees On ftftd ftfter lftnuftry 12014 the bill vvottld reeJtlireinitiftl trftining to be pro vided IV ithin 6 months of the dMe ftn indi vidttftlbeeomes employed in thM eftlfteiry The bill vvouM require theseindividuftls to eomplete eontifttling tminmg every 2 yeMs

By imposing the reporting requirements on a new class of personsfor whom failure to report specified conduct is a crime ftftdby imposingne~ trftining reeJtlirements on publie oIgftfiiZMions ineluding loeftlgOvernment entities this bill would impose a state-mandated localprogram

The Cftlifomift Constittltion reqtlires the stMe to reimbtlfse loeftlftgeneies ftnd sehool distriets for eertftin eosts mftftdMed by the stftteStftttltory pItYvisions esffiblish proeedtlfes for mftkffigthftt reimbtlfsement

This bill hould pro vide thM 4vith regMd to eertftin mftftdfttes noIeimbtlfsement is reeJtlired by this ftet for ft speeified reftson

Vith regftM to ftny other mftndMeS this bill vv0tlM pro vide thM if theCommission on StMe ~bndtltes determines thM the bill eontftins eostsso mftndftted by the stftte reimbttIsement for those eosts shftll be mftdeptlfStlftnt to the stftttltory pro visions noted ttbo ve

The California Constitution requires the state to reimburse localagencies and school districts for certain costs mandated by the stateStatutory provisions establish procedures for making thatreimbursement

This bill would provide that no reimbursement is required by this actfor a specified reason

Vote majority Appropriation no Fiscal committee yesState-mandated local program yes

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 111657 of the Penal Code is amended2 to read3 111657 (a) As used in this article mandated reporter is4 defined as any of the following5 (1) A teacher6 (2) An instructional aide7 (3) A teachers aide or teachers assistant employed by any8 public or private schooL9 (4) A classified employee of any public schooL

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-3- AB 1435

1 (5) An administrative officer or supervisor of child welfare and2 attendance or a certificated pupil personnel employee of any public3 or private school4 (6) An administrator of a public or private day camp

(7) An administrator or employee of a public or private youth6 center youth recreation program or youth organization7 (8) An administrator or employee of a public or private8 organization whose duties require direct contact and supervision9 of children

(9) Any employee of a county office of education or the State11 Department of Education whose duties bring the employee into12 contact with children on a regular basis13 (10) A licensee an administrator or an employee of a licensed14 community care or child day care facility

(11) A Head Start program teacher16 (12) A licensing worker or licensing evaluator employed by a17 licensing agency as defined in Section 111651118 (13) A public assistance worker19 (14) An employee of a child care institution including but not

limited to foster parents group home personnel and personnel of21 residential care facilities22 (15) A social worker probation officer or parole officer23 (16) An employee of a school district police or security24 department

(17) Any person who is an administrator or presenter of or a26 counselor in a child abuse prevention program in any public or27 private school28 (18) A district attorney investigator inspector or local child29 support agency caseworker unless the investigator inspector or

caseworker is working with an attorney appointed pursuant to31 Section 317 of the Welfare and Institutions Code to represent a32 mmor33 (19) A peace officer as defined in Chapter 45 (commencing34 with Section 830) of Title 3 of Part 2 who is not otherwise

described in this section36 (20) A firefighter except for volunteer firefighters37 (21) A physician and surgeon psychiatrist psychologist dentist38 resident intern podiatrist chiropractor licensed nurse dental39 hygienist optometrist marriage and family therapist clinical social

worker professional clinical counselor or any other person who

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AB 1435 -4-

is currently licensed under Division 2 (commencing with Section500) of the Business and Professions Code

(22) Any emergency medical technician I or II paramedic orother person certified pursuant to Division 25 (commencing withSection 1797) of the Health and Safety Code

(23) A psychological assistant registered pursuant to Section2913 of the Business and Professions Code

(24) A marriage and family therapist trainee as defined insubdivision (c) of Section 498003 of the Business and ProfessionsCode

(25) An unlicensed marriage and family therapist internregistered under Section 498044 of the Business and ProfessionsCode

(26) A state or county public health employee who treats a minorfor venereal disease or any other condition

(27) A coroner(28) A medical examiner or any other person who performs

autopsies(29) A commercial film and photographic print processor as

specified in subdivision (e) of Section 11166 As used in thisarticle commercial film and photographic print processor meansany person who develops exposed photographic film into negativesslides or prints or who makes prints from negatives or slides forcompensation The term includes any employee of such a personit does not include a person who develops film or makes prints fora public agency

(30) A child visitation monitor As used in this article childvisitation monitor means any person who for financialcompensation acts as monitor of a visit between a child and anyother person when the monitoring of that visit has been orderedby a court of law

(31) An animal control officer or humane society officer Forthe purposes ofthis article the following terms have the followingmeanings

(A) Animal control officer means any person employed by acity county or city and county for the purpose of enforcing animalcontrol laws or regulations

(B) Humane society officer means any person appointed oremployed by a public or private entity as a humane officer who is

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-5- AB 1435

qualified pursuant to Section 14502 or 14503 of the CorporationsCode

(32) A clergy member as specified in subdivision (d) of Section11166 As used in this article clergy member means a priestminister rabbi religious practitioner or similar functionary of achurch temple or recognized denomination or organization

(33) Any custodian of records of a clergy member as specifiedin this section and subdivision (d) of Section 11166

(34) Any employee of any police department county sheriffsdepartment county probation department or county welfaredepartment

(35) An employee or volunteer of a Court Appointed SpecialAdvocate program as defined in Rule 1424 ofthe California Rulesof Court

(36) A custodial officer as defined in Section 8315(37) Any person providing services to a minor child under

Section 12300 or 123001 of the Welfare and Institutions Code(38) An alcohol and drug counselor As used in this article an

alcohol and drug counselor is a person providing counselingtherapy or other clinical services for a state licensed or certifieddrug alcohol or drug and alcohol treatment program Howeveralcohol or drug abuse or both alcohol and drug abuse is not inand of itself a sufficient basis for reporting child abuse or neglect

(39) A clinical counselor trainee as defined in subdivision (g)of Section 499912 of the Business and Professions Code

(40) A clinical counselor intern registered under Section 499942of the Business and Professions Code

(41) An athletic coach athletic administrator or athletic directoremployed by a public or private organization including but notlimited to schools and instittttions of higher e6ueation thatprovidekindergarten or any of grades 1 to 12 inclusive

(b) Except as provided in paragraph (35) of subdivision (a)volunteers of public or private organizations whose duties requiredirect contact with and supervision of children are not mandatedreporters but are encouraged to obtain training in the identificationand reporting of child abuse and neglect and are further encouragedto report known or suspected instances of child abuse or neglectto an agency specified in Section 111659

(c) Employers are strongly encouraged to provide theiremployees who are mandated reporters with training in the duties

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AB 1435 -6-

imposed by this article This training shall include training in childabuse and neglect identification and training in child abuse andneglect reporting Whether or not employers provide theiremployees with training in child abuse and neglect identificationand reporting the employers shall provide their employees whoare mandated reporters with the statement required pursuant tosubdivision (a) of Section 111665

(d) School districts that do not train their employees specifiedin subdivision (a) in the duties of mandated reporters under thechild abuse reporting laws shall report to the State Department ofEducation the reasons why this training is not provided

(e) Unless otherwise specifically provided the absence oftraining shall not excuse a mandated reporter from the dutiesimposed by this article

(f) Public and private organizations are encouraged to providetheir volunteers whose duties require direct contact with andsupervision of children with training in the identification andreporting of child abuse and neglect

(g) (1) On 6r befure Jttmtary 1 2014 ttll) pttblie 6r privflie6rganizttti6ftemp16ing ttft Mhletie e6tteh Mhletie ttdmimstrltt6r6r Mhletie direet6r ttSspeeified ift pMttgrttph (41) 6f sttbdivisi6ft(tt) shttll pr6 vide iftitittl trttining f6r th6se empl~ ees 6n thefull6vvingmtttters

(A) The identifiettti6n 6f ehild ttbttse ttnd negleet(D) Aeti vities thttt e6ftstitttte inltppr6prittte ttftd illegttl e6ntttet

betiveen tt 6tlth ltftd ltft ttthietie e6tteh Mhletie ttdmiftistrttt6r 6rttthietie direet6r

(6) The resp6nsibilities 6f tt pers6n identified lIStt mttndfliedrep6rter in this seeti6n ineIttding btl ft6t limited t6 ttll 6f thefull6 vving

(i) T6 ~h6m tt rep6rt is reqtlired t6 be mttde(ii) The inf6rmttti6n thttt is reqttired t6 be ifte1ttdedin tt rep6rt(iii) The time vvithiftvvhieha mandated rep6rter is reqttired t6

file tt rep6rt(2) Initittl training shall be pr6vided b perS6ftSkn6vvledgeltble

ift the identifiettti6n 6fehild aettse ttnd negleet inltppf6prittte ltftdillegal e6ntaet bem eena 6ttth and ltftadttIt ltftdstatttt6ry rep6rtingreqttiremeftts ltftdshttll e6nsist 6ftw6 h6ttrs 6felassr66m 6r 6therinteraetive trainiftg ltftdedttettti6n

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1 (h) Commeneing on fmd aftel Jfmtlftry12014 fmofgfmization2 speeified in sttbdivision (g) shaHpro ide initial training within six3 months of the date that fm individtutl beeomes empleryed as an4 Mhletie eoaeh athletie administrator or athletie direetor ttnless5 the indi idttal reeei ed training Hithin tw0 years prior to the date6 the indi idtlal is empleryed An Mhletie eoaeh athletie7 administrator or athletie direetor Hho has leeeied initial training8 ptlfStlafttto sttbdiision (g) shall eomplete eontifttling training9 thereafter onee eery two years eonsisting of one hottf of

10 elassroom or other interaeti e training fmd edtteation11 SEC 2 No reimbtlrsement is reqtlired by this aet pttfStlafttto12 Seetion 6 ofArtiele )GIlD of the California Constitution for eertain13 eosts that may be inetllTed by a loeal ageney or sehool distriet14 beeatlse ift that regard this aet ereates a nev erime or infraetion15 eliminates a erime or infraetion or ehfmges the penalty fOfa erime16 or inflaetion Hithin the meaning of Seetion 17556 of the17 Goemment Code or ehanges the definition ofa elime Hithin the18 meaning of Seetion 6 of Aniele XIII D of the Califomia19 Constitution20 IIo~eer if the Commission on State Mfmdates determines that21 this aet eontainsother eosts mfmdated by the state reimbttfsement22 to loeal ageneies fmd sehool distliets for those eosts shall be made23 ptlfStlafttto Part 7 (eommeneing Hith Seetion 17500) of Division24 4 of Title 2 of the Goemment Code25 SEC 2 No reimbursement is required by this act pursuant to26 Section 6 of Article XIII B of the California Constitution because27 the only costs that may be incurred by a local agency or school28 district will be incurred because this act creates a new crime or29 infraction eliminates a crime or infraction or changes thepenalty30 for a crime or infraction within the meaning of Section 17556 of31 the Government Code or changes the definition of a crime within32 the meaning of Section 6 of Article XIII B of the California33 Constitution

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AB 1904 Assembly Bill Status

MEASURE AUTHOR(S)TOPIC

HOUSE

CURRENT BILL STATUS

AB No 1904Block Butler and

Professions and vocationslicenses

LOCATION

Cookmilitary spouses temporary

TYPE OF BILL

SEN

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyAppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpub11-12billasmab _1901-1950ab _1904_ bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes Noes OOPASS17

An act to add Section 1155 to the Business andProfessions Code relating to professions and vocationsand making an appropriation therefor

-

AB 1588 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1588AUTHOR(S) Atkins (Principal coauthors Cook and Nielsen)

(Coauthors Block Beth Gaines Pan V Manuel PerezWilliams and Yamada)

TOPIC Professions and vocations reservist licensees fees andcontinuing education

HOUSE LOCATION SEN+LAST AMENDED DATE 03052012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS forLAST

LAST

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

TITLE An act to add Section 1143 to the Business andProfessions Code relating to professions and vocations

htlpllwwwleginfocagovpubll-12Ibillasmlab _1551-1600ab _1588 _bill_20120601_statu 652012

middot

AMENDED IN ASSEMBLY MARCH 5 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1588

Introduced by Assembly Member Atkins(Principal coauthors Assembly Members Cook and Nielsen)

(Coauthors Assembly Members Block Beth Gaines PanV Manuel Perez Williams and Yamada)

February 6 2012

An act to add Section 1143 to the Business and Professions Coderelating to professions and vocations

LEGISLATIVE COUNSELS DIGEST

AB 1588 as amended Atkins Professions and vocations reservistlicensees fees and continuing education

Existing law provides for the regulation of various professions andvocations by boards commissions or bureaus within the Departmentof Consumer Affairs and for the licensure or registration of individualsin that regard Existing law authorizes any licensee whose licenseexpired while he or she was on active duty as a member of the CaliforniaNational Guard or the United States Armed Forces to reinstate his orher license without examination or penalty if certain requirements aremet

This bill would require the boards commissions or bureaus describedabove to waive the renewal fees and continuing education requirementsif either is applicable of any licensee or registrant who is a reservistcalled to active duty as a member of the United States Military Reserveor the California National Guard if certain requirements are met

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

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AB 1588 -2-

Thepeople of the State of Califomi a do enact asfollows

1 SECTION 1 Section 1143 is added to the Business and2 Professions Code to read3 1143 Notwithstanding any other provision oflaw everyboard4 commission or bureau within the department shall waive the5 renewal fees and continuing education requirements if either is6 applicable for any licensee or registrant who is a reservist called7 to active duty as a member of the United States Military Reserve8 or the California National Guard if all of the following9 requirements are met

10 (a) The licensee or registrant was in good standing with the11 board commission or bureau at the time the reservist was called12 to active duty13 (b) The renewal fees or continuing education requirements are14 waived only for the period during which the reservist is on active15 duty service16 (c) The active duty reservist or the active duty reservists spouse17 or registered domestic partner provides written notice satisfactory18 to the board commission or bureau that substantiates the19 reservists active duty service

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AB 1896 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1896AUTHOR(S) ChesbroTOPIC Tribal health programs health care practitionersHOUSE LOCATION SEN+LAST AMENDED DATE 03272012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATIONCOMM ACTION DATECOMM ACTIONCOMM VOTE SUMMARY

ASM

05172012Referred to Com on B P amp EDBUSINESS PROFESSIONS AND CONSUMER PROTECTION04102012

Do passAyes 09 Noes OOPASS

TITLE An act to amend the heading of Article 10 (commencingwith Section 710) of Chapter 1 of Division 2 of and toadd Section 719 to the Business and Professions Coderelating to healing arts

httpwwwleginfocagovpubI11-12lbillasmab_1851-1900ab_1896_bill_20120517 _statu 652012

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AMENDED IN ASSEMBLY MARCH 27 2012

CALIFORNIA LEGISLATURE-20II-12 REGULAR SESSION

ASSEMBLY BILL No 1896

Introduced by Assembly Member Chesbro

February 222012

An act to amend the heading of Article 10 (commencing with Section710) of Chapter 1 of Division 2 of and to add Section 719 to theBusiness and Professions Code relating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1896 as amended Chesbro Tribal health programs health carepractitioners

Under existing federal law licensed health professionals employedby a tribal health program are required to be exempt if licensed in anystate from the licensing requirements of the state in which the tribalhealth program performs specified services A tribal health program isdefined as an Indian tribe or tribal organization that operates any healthprogram service function activity or facility funded in whole or partby the Indian Health Service

Existing law provides for the licensure and regulation of health carepractitioners by various healing arts boards within the Department ofConsumer Affairs

This bill would codify that federal requirement by specifying that aperson who is licensed as a health care practitioner in any other stateand is employed by a tribal health program is exempt from any statelicensing requirement with respect to acts authorized under thepersonslicense where the tribal health program performs specified services

Vote majority Appropriation no Fiscal committee noState-mandated local program no

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Thepeople of the State of California do enact asfollows

1 SECTION 1 The heading of Article 10 (commencing with2 Section 710) of Chapter 1 of Division 2 of the Business and3 Professions Code is amended to read456789

101112131415161718192021

Article 10 Federal Personnel and Tribal Health Programs

SEC 2 Section 719 is added to the Business and ProfessionsCode to read

719 (a) A person who is licensed as a health care practitionerin any other state and is employed by a tribal health program asdefined in Section 1603 of Title 25 of the United States Code shallbe exempt from any licensing requirement described in this divisionwith respect to acts authorized under the persons license wherethe tribal health program performs the services described in thecontract or compact of the tribal health program under the IndianSelf-Determination and Education Assistance Act (25 USC Sec450 et seq)

(b) For purposes of this section health care practitioner meansany person who engages in acts that are the subject of licensureor regulation under this division or Ml) initiative 8et referred to inthis division the law of any other state

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98

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1904

Introduced by Assembly Members Block Butler and Cook

February 222012

An act to add Section 1155 to the Business and Professions Coderelating to professions and vocations and making an appropriationtherefor

LEGISLATIVE COUNSELS DIGEST

AB 1904 as introduced Block Professions and vocations militaryspouses temporary licenses

Existing law provides for the licensure and regulation of variousprofessions and vocations by boards within the Department of ConsumerAffairs Existing law provides for the issuance of reciprocal licenses incertain fields where the applicant among other requirements has alicense to practice within that field in another jurisdiction as specifiedUnder existing law licensing fees imposed by certain boards withinthe department are deposited in funds that are continuously appropriated

This bill would authorize a board within the department to issue atemporary license to an applicant who among other requirements holdsan equivalent license in another jurisdiction as specified and is marriedto or in a legal union with an active duty member of the Armed Forcesofthe United States who is assigned to a duty station in California underofficial active duty military orders The bill would require a board toexpedite the process for issuing these temporary licenses The bill wouldrequire the applicant to pay any fees required by the board and wouldrequire that those fees be deposited in the fund used by the board toadminister its licensing program To the extent that the bill would

99

AB 1904 -2-

increase the amount of money deposited into a continuously appropriatedfund the bill would make an appropriation

Vote majority Appropriation yes Fiscal committee yesState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 1155 is added to the Business and2 Professions Code to read3 1155 (a) A board within the department may issue a4 temporary license to an applicant who meets all of the following5 requirements6 (l) Submits an application in the manner prescribed by the7 board8 (2) Supplies evidence satisfactory to the board that the applicant9 is married to or in a domestic partnership or other legal union

10 with an active duty member of the Armed Forces of the United11 States who is assigned to a duty station in this state under official12 active duty military orders13 (3) Holds a current license in another state district or territory14 of the United States with the requirements that the board determines15 are substantially equivalent to those established under this code16 for that occupation17 (4) Has not committed an act in anyjurisdiction that would have18 constituted grounds for denial suspension or revocation of the19 license under this code at the time the act was committed20 (5) Has not been disciplined by a licensing entity in another21 jurisdiction and is not the subject of an unresolved complaint22 review procedure or disciplinary proceeding conducted by a23 licensing entity in another jurisdiction24 (6) Pays any fees required by the board Those fees shall be25 deposited in the applicable fund or account used by the board to26 administer its licensing program27 (7) Submits fingerprints and any applicable fingerprinting fee28 in the manner required of an applicant for a regular license29 (b) A board shall expedite the procedure for issuing a temporary30 license pursuant to this section31 (c) A temporary license issued under this section shall be valid32 for 180 days except that the license may at the discretion of the

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-3- AB 1904

I board be extended for an additional180-day period on application2 of the license holder3 (d) A board may adopt regulations necessary to administer this4 section

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AB 1932 Assembly Bill Status

MEASURE AUTHOR(S)TOPICHOUSE+LAST

CURRENT BILL STATUS

AB No 1932Gorell (Coauthor Cook)

United States armed services healing arts boardsLOCATION SENAMENDED DATE 04172012

TYPE OF BILL

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

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APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

An act to add Section 7102 to the Business andProfessions Code relating to healing arts

-

AMENDED IN ASSEMBLY APRIL 172012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1932

Introduced by Assembly Member-Ceek Gorell(Coauthor Assembly Member Cook)

February 222012

An act to add Section 7102 to the Business and Professions Coderelating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1932 as amended euroook Gorell United States armed serviceshealing arts boards

Existing law provides for the licensure and regulation of varioushealing arts professions and vocations by boards within the Departmentof Consumer Affairs Existing law requires the rules and regulations ofthese healing arts boards to provide for methods of evaluating educationtraining and experience obtained in military service if such training isapplicable to the requirements of the particular profession or vocationregulated by the board Under existing law the Department of VeteransAffairs has specified powers and duties relating to various programsserving veterans

This bill would require by January 12014 and annually thereafterevery healing arts board to issue a specified written report to theDepartment of Veterans Affairs and the Legislature as specified thatclearly details the methods of evaluating the education training andexperience obtained in military service and whether that educationtraining and experience is applicable to the boards requirements forlicensure The bill would declare the intent of the Legislature in thisregard

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AB 1932 -2-

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 710 of the Business and Professions Code2 was enacted in 1969 and because healing arts boards have not3 demonstrated significant compliance with that section it is the4 intent of the Legislature to establish an annual reporting5 requirement to compel these boards to provide information about6 the methods of evaluating education training and experience7 obtained in military service in order to meet the needs of the8 upcoming wave of armed service members returning to civilian9 life

10 SEC 2 Section 7102 is added to the Business and Professions11 Code to read12 7102 (a) By January 12014 and annually thereafter every13 healing arts board described in this division shall issue a written14 report to the Department of Veterans Affairs and to the Legislature15 that clearly details the methods of evaluating the education16 training and experience obtained in military service and whether17 that education training and experience is applicable to the boards18 requirements for licensure This written report shall include but19 not be limited to quantitative information about the number of20 service members who have applied for and have used their military21 education training and experience to fulfill the boards22 requirements for licensure23 (b) (1) The requirement to submit a report to the Legislature24 under subdivision (a) shall be inoperative on January 1 201825 pursuant to Section 102315 of the Government Code26 (2) A report to the Legislature shall be submitted in compliance27 with Section 9795 of the Government Code

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AB439 -2-

Vote majority Appropriation no Fiscal committee noState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 5636 of the Civil Code is amended to2 read3 5636 (a) Any violation of the provisions of this part that4 results in economic loss or personal injury to a patient is punishable5 as a misdemeanor6 (b) In addition to any other remedies available at law any7 individual may bring an action against any person or entity who8 has negligently released confidential information or records9 concerning him or her in violation of this part for either or both

10 of the following11 (1) Except as provided in subdivision (e) nominal damages of12 one thousand dollars ($1000) In order to recover under this13 paragraph it shall not be necessary that the plaintiff suffered or14 was threatened with actual damages15 (2) The amount of actual damages if any sustained by the16 patient17 (c) (l) In addition any person or entity that negligently18 discloses medical information in violation of the provisions of this19 part shall also be liable irrespective of the amount of damages20 suffered by the patient as a result of that violation for an21 administrative fine or civil penalty not to exceed two thousand22 five hundred dollars ($2500) per violation23 (2) (A) Any person or entity other than a licensed health care24 professional who knowingly and willfully obtains discloses or25 uses medical information in violation of this part shall be liable26 for an administrative fine or civil penalty not to exceed twenty-five27 thousand dollars ($25000) per violation28 (B) Any licensed health care professional who knowingly and29 willfully obtains discloses or uses medical information in violation30 of this part shall be liable on a first violation for an administrative31 fine or civil penalty not to exceed two thousand five hundred32 dollars ($2500) per violation or on a second violation for an33 administrative fine or civil penalty not to exceed ten thousand34 dollars ($10000) per violation or on a third and subsequent35 violation for an administrative fine or civil penalty not to exceed

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-3- AB439

twenty-five thousand dollars ($25000) per violation Nothing inthis subdivision shall be construed to limit the liability of a healthcare service plan a contractor or a provider of health care that isnot a licensed health care professional for any violation of thispart

(3) (A) Any person or entity other than a licensed health careprofessional who knowingly or willfully obtains or uses medicalinformation in violation of this part for the purpose of financialgain shall be liable for an administrative fine or civil penalty notto exceed two hundred fifty thousand dollars ($250000) perviolation and shall also be subject to disgorgement of any proceedsor other consideration obtained as a result of the violation

(B) Any licensed health care professional who knowingly andwillfully obtains discloses or uses medical information in violationofthis part for financial gain shall be liable on a first violation foran administrative fine or civil penalty not to exceed five thousanddollars ($5000) per violation or on a second violation for anadministrative fine or civil penalty not to exceed twenty-fivethousand dollars ($25000) per violation or on a third andsubsequent violation for an administrative fine or civil penalty notto exceed two hundred fifty thousand dollars ($250000) perviolation and shall also be subject to disgorgement of any proceedsor other consideration obtained as a result ofthe violation Nothingin this subdivision shall be construed to limit the liability of ahealth care service plan a contractor or a provider of health carethat is not a licensed health care professional for any violation ofthis part

(4) Nothing in this subdivision shall be construed as authorizingan administrative fine or civil penalty under both paragraphs (2)and (3) for the same violation

(5) Any person or entity who is not permitted to receive medicalinformation pursuant to this part and who knowingly and willfullyobtains discloses or uses medical information without writtenauthorization from the patient shall be liable for a civil penalty notto exceed two hundred fifty thousand dollars ($250000) perviolation

(d) In assessing the amount of an administrative fine or civilpenalty pursuant to subdivision (c) the Office of HealthInformation Integrity licensing agency or certifying board orcourt shall consider anyone or more of the relevant circumstances

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10111213141516171819202122232425262728293031323334353637383940

AB439 -4-

presented by any of the parties to the case including but not limitedto the following

(1) Whether the defendant has made a reasonable good faithattempt to comply with this part

(2) The nature and seriousness of the misconduct(3) The harm to the patient enrollee or subscriber(4) The number of violations(5) The persistence of the misconduct(6) The length of time over which the misconduct occurred(7) The willfulness of the defendants misconduct(8) The defendants assets liabilities and net worth(e) (1) In an action brought by an individual pursuant to

subdivision (b) on or after January 12012 the court shall awardany actual damages and reasonable attorneys fees and costs butmay not award nominal damages for a violation of this part if thedefendant establishes all of the following as an affirmative defense

(A) The defendant is a covered entity as defined in Section160103 of Title 45 of the Code of Federal Regulations

(B) The defendant has complied with any obligations to notifyall persons entitled to receive notice regarding the release of theinformation or records

(C) The release of confidential information or records was solelyto another covered entity

(D) The defendant took appropriate preventive actions to protectthe confidential information or records against release retentionor use by any person or entity other than the covered entity thatreceived the information or records including but not limited to

(i) Developing and implementing security policies andprocedures

(ii) Designating a security official who is responsible fordeveloping and implementing its security policies and proceduresincluding educating and training the workforce

(iii) Encrypting the information or records and protectingagainst the release or use of the encryption key and passwords ortransmitting the information or records in a manner designed toprovide similar protections against improper disclosures

(E) The defendant took appropriate corrective action after therelease of the confidential records or information and the coveredentity that received the information or records immediatelydestroyed or returned the information or records

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-5- AB439

(F) The covered entity that received the confidential informationor records did not retain use or release the information or records

(G) The defendant has not Ifeviettsl) vielateti this IMt ef inthe eettrls tiisefetieft tieslite the Ifief vielatieftbeenfound liablefor a violation of this part within the three years preceding thealleged violation or the court determines that application of theaffirmative defense is found to be compelling and consistent withthe purposes ofthis section to promote reasonable conduct in lightof all the facts

(2) In an action under this subdivision a plaintiff shall beentitled to recover reasonable attorneys fees and costs withoutregard to an award of actual or nominal damages

(3) A defendant shall not be liable for more than one judgmenton the merits for a violation of this subdivision

(f) (1) The civil penalty pursuant to subdivision (c) shall beassessed and recovered in a civil action brought in the name of thepeople of the State of California in any court of competentjurisdiction by any of the following

(A) The Attorney General(B) Any district attorney(C) Any county counsel authorized by agreement with the

district attorney in actions involving violation of a countyordinance

(D) Any city attorney of a city(E) Any city attorney of a city and county having a population

in excess of 750000 with the consent of the district attorney(F) A city prosecutor in any city having a full-time city

prosecutor or with the consent of the district attorney by a cityattorney in any city and county

(G) The Director of the Office of Health Information Integritymay recommend that any person described in subparagraphs (A)to (F) inclusive bring a civil action under this section

(2) If the action is brought by the Attorney General one-halfofthe penalty collected shall be paid to the treasurer of the countyin which the judgment was entered and one-half to the GeneralFund If the action is brought by a district attorney or countycounsel the penalty collected shall be paid to the treasurer of thecounty in which the judgment was entered Except as provided inparagraph (3) if the action is brought by a city attorney or cityprosecutor one-half of the penalty collected shall be paid to the

96

AB439 -6-

1 treasurer of the city in which the judgment was entered and one-half2 to the treasurer of the county in which the judgment was entered3 (3) If the action is brought by a city attorney of a city and4 county the entire amount of the penalty collected shall be paid to5 the treasurer of the city and county in which the judgment was6 entered7 (4) Nothing in this section shall be construed as authorizing8 both an administrative fine and civil penalty for the same violation9 (5) Imposition of a fine or penalty provided for in this section

10 shall not preclude imposition of any other sanctions or remedies11 authorized by law12 (6) Administrative fines or penalties issued pursuant to Section13 128015 of the Health and Safety Code shall offset any other14 administrative fine or civil penalty imposed under this section for15 the same violation16 (g) For purposes of this section knowing and willful shall17 have the same meanings as in Section 7 of the Penal Code18 (h) No person who discloses protected medical information in19 accordance with the provisions of this part shall be subject to the20 penalty provisions of this part

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AB 518 Assembly Bill Status Page I of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPICHOUSE+LAST

AB No 518Wagner

Elder and dependentLOCATION SENAMENDED DATE

adult abuse mandated reporters

03232011

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATION

06062011In committee Hearing postponed by committee

SEN BANKING AND FINANCIAL INSTITUTIONS

TITLE An act to repeal Section 7480 of the Government Codeand to amend Section 156301 of and to amend and repealSections 15633 15634 15640 and 156555 of theWelfare and Institutions Code relating to elder anddependent adult abuse

httpwwwleginfocagovpubll-12Ibillasmab_ 0501-0550ab_518_bill_2011 0615_status 652012

-

AMENDED IN ASSEMBLY MARCH 23 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 518

Introduced by Assembly Member Wagner

February 152011

Aft aet to amend Seetion 156301 of the Welfare and InstittttionsCode relating to elder abtlse An act to repeal Section 7480 of theGovernment Code and to amend Section 156301 of and to amend andrepeal Sections 15633 15634 15640 and 156555 of the Welfare andInstitutions Code relating to elder and dependent adult abuse

LEGISLATIVE COUNSELS DIGEST

AB 518 as amended Wagner Elder and dependent adult abusemandated reporters

Existing law the Elder Abuse and Dependent Adult Civil ProtectionAct establishes procedures for the reporting investigation andprosecution of elder and dependent adult abuse including but notlimited to financial abuse as defined These procedures require personsdefined as mandated reporters to report known or suspected instancesof elder or dependent adult abuse A violation of the reportingrequirements by a mandated reporter is a misdemeanor Existing lawwhich will be repealed on January 12013 defines who is a mandatedreporter of suspected financial abuse of an elder or dependent adult Aviolation ofthe financial abuse reporting requirements is subject to civilpenalties

This bill would delete the January 1 2013 repeal date and makeconforming changes

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

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The people of the State of California do enact asfollows

1 SECTION 1 Section 7480 of the Government Code as2 amended by Section 2 of Chapter 234 of the Statutes of 2008 is3 repealed4 7480 Nothing in this ehapter prohibits an) of the following

(a) The dissemination of an) finaneial information that is not6 identified with or identifiable as being deri ved from the fiftMleial7 reeords of a partietllar etlstomer8 (b) When any poliee or sheriffs department or distriet attorney9 in this state eertines to a bank eredit tlftion or savin-gsassoeiation

in 4vritingthat a erime report has been filed that involves the11 alleged fratldttlent tlse of drafts eheeks or other orders drawfl12 tlJon MtY bank eredit tlftion or Sltv ings assoeiation in this state13 the poliee or sheriffs department or distriet attomey a eotlnty14 adttlt proteeti-ve sen iees oftiee 4vhen investigating the finaneial

abttse of an elder or dependent adttlt or a long term eare16 ombttdsman when investigating the finaneial abttse of an elder or17 dependent adttlt rna reqtlest a bank eredit tlftion or savings18 assoeiation to fttmish and a bank eredit tlftion or savings19 assoeiation shall fttmish a statement setting forth the folIowing

information with respeet to a etlstomer aeeotlnt speeified b) the21 reqttesting parry for a period 30 da s prior to and tlJ to 30 da) s22 following the date ofoeetnTenee of the alleged illegal aet invohin-g23 the aeeotlftt24 (1) The Itttftlber of items dishonored

(2) The nttmber of items paid that ereated Oierdrafts26 (3) The dollar volttme of the dishonored items and items paid27 whieh ereated overdrafts and a statement explaining an) eredit28 atTangementbetween the bank eredit tlftion or savin-gsassoeiation29 and etlstomer to pa) 0verdrafts

(4) The dates and amotlnts of deposits and debits and the aeeotlftt31 balanee on these dates32 (5) A eoJry of the signattlre eard inelttding the signattlre and33 an) addresses appearing on a etlstomers signattlre eard34 (6) The date the aeeottnt opened and ifapplieable the date the

aeeotlnt elosed36 (7) A bank eredit tlftion or saTvingsassoeiation that proiides37 the reqtlesting part) vvith eopies of one or more eomplete aeeottnt

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the taxpa er (2) the (iireet deposit refund bullbullas not rettlmed to theFranehise Tax Board and (3) the remnd TnaSdeposited direetlyon a speeifled date into the aeeotlftt of an aeeotmtholder of theflnaneial instittttion bullbullho bullbullas not entitled to reeei v e the refttndthen the flnaneial instittttion shall fttntish to the Franehise TaxBoard the name and address ofan eoo w ner eosigtter or an otherperson bullbullho had aeeess to the mnds in the aeeotlttt follo bullbulling thedate ofdiIeet deposit refund or if the aeeotmt has been dosed thename and address of the person bullbullho dosed the aeeOtlftt

(s) This seetion shall beeome operati v e on Jaftttary 1 2013SECTION 1SEC 2 Section 156301 of the Welfare and Institutions Code

is amended to read156301 (a) As used in this section mandated reporter of

suspected financial abuse of an elder or dependent adult meansall officers and employees of financial institutions

(b) As used in this section the term financial institution meansany of the following

(l) A depository institution as defined in Section 3(c) of theFederal Deposit Insurance Act (12 USC Sec 1813(c))

(2) An institution-affiliated party as defined in Section 3(u) ofthe Federal Deposit Insurance Act (12 USC Sec 1813(u))

(3) A federal credit union or state credit union as defined inSection 101 ofthe Federal Credit Union Act (12 USC Sec 1752)including but not limited to an institution-affiliated party of acredit union as defined in Section 206(r) of the Federal CreditUnion Act (12 USc Sec 1786(r))

(c) As used in this section financial abuse has the samemeaning as in Section 1561030

(d) (l) Any mandated reporter of suspected financial abuse ofan elder or dependent adult who has direct contact with the elderor dependent adult or who reviews or approves the elder ordependent adults financial documents records or transactionsin connection with providing financial services with respect to anelder or dependent adult and who within the scope of his or heremployment or professional practice has observed or hasknowledge of an incident that is directly related to the transactionor matter that is within that scope of employment or professionalpractice that reasonably appears to be financial abuse or whoreasonably suspects that abuse based solely on the information

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before him or her at the time of reviewing or approving thedocument record or transaction in the case of mandated reporterswho do not have direct contact with the elder or dependent adultshall report the known or suspected instance of financial abuse bytelephone immediately or as soon as practicably possible and bywritten report sent within two working days to the local adultprotective services agency or the local law enforcement agency

(2) When two or more mandated reporters jointly haveknowledge or reasonably suspect that financial abuse of an elderor a dependent adult for which the report is mandated has occurredand when there is an agreement among them the telephone reportmay be made by a member of the reporting team who is selectedby mutual agreement A single report may be made and signed bythe selected member of the reporting team Any member of theteam who has knowledge that the member designated to report hasfailed to do so shall thereafter make that report

(3) If the mandated reporter knows that the elder or dependentadult resides in a long-term care facility as defined in Section1561047 the report shall be made to the local ombudsman or locallaw enforcement agency

(e) An allegation by the elder or dependent adult or any otherperson that financial abuse has occurred is not sufficient to triggerthe reporting requirement under this section if both of the followingconditions are met

(1) The mandated reporter of suspected financial abuse of anelder or dependent adult is aware of no other corroborating orindependent evidence of the alleged financial abuse of an elder ordependent adult The mandated reporter of suspected financialabuse of an elder or dependent adult is not required to investigateany accusations

(2) In the exercise of his or her professional judgment themandated reporter of suspected financial abuse of an elder ordependent adult reasonably believes that financial abuse of anelder or dependent adult did not occur

(f) Failure to report financial abuse under this section shall besubject to a civil penalty not exceeding one thousand dollars($1000) or if the failure to report is willful a civil penalty notexceeding five thousand dollars ($5000) which shall be paid bythe financial institution that is the employer of the mandated

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reporter to the party bringing the action Subdivision (h) of Section15630 shall not apply to violations of this section

(g) (1) The civil penalty provided for in subdivision (f) shallbe recovered only in a civil action brought against the financialinstitution by the Attorney General district attorney or countycounsel No action shall be brought under this section by anyperson other than the Attorney General district attorney or countycounsel Multiple actions for the civil penalty may not be broughtfor the same violation

(2) Nothing in the Financial Elder Abuse Reporting Act of2005shall be construed to limit expand or otherwise modify any civilliability or remedy that may exist under this or any other law

(h) As used in this section suspected financial abuse of anelder or dependent adult occurs when a person who is requiredto report under subdivision (a) observes or has knowledge ofbehavior or unusual circumstances or transactions or a pattern ofbehavior or unusual circumstances or transactions that would leadan individual with like training or experience based on the samefacts to form a reasonable belief that an elder or dependent adultis the victim of financial abuse as defined in Section 1561030

(i) Reports of suspected financial abuse of an elder or dependentadult made by an employee or officer of a financial institutionpursuant to this section are covered under subdivision (b) of Section47 of the Civil Code

SEC 3 Section 15633 of the Welfare and Institutions Codeas amended by Section 5 of Chapter 140 of the Statutes of 2005is amended to read

15633 (a) The reports made pursuant to Sections 15630156301 and 15631 shall be confidential and may be disclosedonly as provided in subdivision (b) Any violation of theconfidentiality required by this chapter is a misdemeanorpunishable by not more than six months in the county jail by afine of five hundred dollars ($500) or by both that fine andimprisonment

(b) Reports of suspected abuse of an elder or dependent adultand information contained therein may be disclosed only to thefollowing

(1) Persons or agencies to whom disclosure of information orthe identity of the reporting party is permitted under Section156335

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(2) (A) Persons who are trained and qualified to serve onmultidisciplinary personnel teams may disclose to one anotherinformation and records that are relevant to the preventionidentification or treatment of abuse of elderly or dependentpersons

(B) Except as provided in subparagraph (A) any personnel ofthe multidisciplinary team or agency that receives informationpursuant to this chapter shall be under the same obligations andsubject to the same confidentiality penalties as the persondisclosing or providing that information The information obtainedshall be maintained in a manner that ensures the maximumprotection of privacy and confidentiality rights

(c) This section shall not be construed to allow disclosure ofany reports or records relevant to the reports of abuse of an elderor dependent adult if the disclosure would be prohibited by anyother provisions of state or federal law applicable to the reports orrecords relevant to the reports of the abuse nor shall it be construedto prohibit the disclosure by a financial institution of any reportsor records relevant to the reports of abuse of an elder or dependentadult if the disclosure would be required of a financial institutionby otherwise applicable state or federal law or court order

(d) This seetion shall remain in dIcet on) tmtilJantmry I 2813and as of that date is repealed unless a later enaeted statute thatis enaeted before JMlt1ary12813 deletes or extends that date

SEC 4 Section 15633 of the Welfare and Institutions Codeas added by Section 6 of Chapter 140 of the Statutes of 2005 isrepealed

15633 (a) The leports made ptlrstlMlt to Seetions 15638 and15631 shall be eonndential and may be diselosed on) as pro videdin stlbdivision (b) AIl) violation of the eonfidetttialrt reqtliredbythis ehapter is a misdemeanor ptlnishable bynot more than sixmoftths in the eounry jail b)l a nne ofn Vehundred dollars ($588)or byboth that nne and imprisonment

(b) Reports of stlspeeted elder 01 dependent adttlt abttse andinfenmation eontained therein may be diselosed only to thefollo vving

(1) Persons or ageneies to vvhomdiselostlfe of information orthe identity of the reporting pMty is permitted tlnder Seetion156335

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(2) EA) Persems who Me trftined Md qtlftlified to sene onmtlltidiseiplinftfjf persoflftel teftll1smfty diselose to one Mlotherinfermtttion Md reeords thftt Me relevflnt to the preventionidentifiefttion or trefttment of ftbttse of elderly or dependentpersons

EB) Exeept ftSpro vided in SMpMftgrftph EA) Mly personnel ofthe ftltlltidiseiplinftry teftftl or ftgeney thftt reeeives informfttionptlrstlftnt to this ehflPtel shftH he tinder the sftme ohligfttions ftndsttbjeet to the sftme eonfidentiftlity penftlties ftS the pelsondisdosing or pro viding thftt infermfttion The informfttion ohtftinedshftH he mftintftined in ft ftlftflfter thftt enstlfes the ftlftXimttmproteetion ofprivftey ftnd eonfidentiftlity rights

Ee) This seetion shftH not he eonstftled to ftHo diselostlfe ofMy reports or reeords rde vMit to the reports of elder or dependentftdttlt ftbttse if the disdostlfe votlld he prohibited hy My other110visions of stftte or federftllft bullbull ftppliefthle to the reports or reeordsrele vftnt to the reports of the flbttse

Ed) This seetion shftH heeome operftti ve on Jftntlftry I 2013SEC 5 Section 15634 of the Welfare and Institutions Code

as amended by Section 7 of Chapter 140 of the Statutes of 2005is amended to read

15634 (a) No care custodian clergy member healthpractitioner mandated reporter of suspected financial abuse of anelder or dependent adult or employee of an adult protectiveservices agency or a local law enforcement agency who reports aknown or suspected instance of abuse of an elder or dependentadult shall be civilly or criminally liable for any report requiredor authorized by this article Any other person reporting a knownor suspected instance of abuse of an elder or dependent adult shallnot incur civil or criminal liability as a result of any reportauthorized by this article unless it can be proven that a false reportwas made and the person knew that the report was false No personrequired to make a report pursuant to this article or any persontaking photographs at his or her discretion shall incur any civil orcriminal liability for taking photographs of a suspected victim ofabuse of an elder or dependent adult or causing photographs to betaken of such a suspected victim or for disseminating thephotographs with the reports required by this article Howeverthis section shall not be construed to grant immunity from thisliability with respect to any other use of the photographs

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(b) No care custodian clergy member health practitionermandated reporter of suspected financial abuse of an elder ordependent adult or employee of an adult protective services agencyor a local law enforcement agency who pursuant to a request froman adult protective services agency or a local law enforcementagency investigating a report of known or suspected abuse of anelder or dependent adult provides the requesting agency withaccess to the victim of a known or suspected instance of abuse ofan elder or dependent adult shall incur civil or criminal liabilityas a result of providing that access

(c) The Legislature finds that even though it has providedimmunity from liability to persons required to report abuse of anelder or dependent adult immunity does not eliminate thepossibility that actions may be brought against those persons basedupon required reports of abuse In order to further limit the financialhardship that those persons may incur as a result of fulfilling theirlegal responsibilities it is necessary that they not be unfairlyburdened by legal fees incurred in defending those actionsTherefore a care custodian clergy member health practitioneror an employee of an adult protective services agency or a locallaw enforcement agency may present to the StMe B6Md 6pound C6ntr61California Victim Compensation and Government Claims Boarda claim for reasonable fttt6meys attorneys fees incurred in anyaction against that person on the basis of making a report requiredor authorized by this article if the court has dismissed the actionupon a demurrer or motion for summary judgment made by thatperson or if he or she prevails in the action The StMe B6ftrd 6fC6ntr61 California Victim Compensation and Government ClaimsBoard shall allow that claim if the requirements ofthis subdivisionare met and the claim shall be paid from an appropriation to bemade for that purpose Att6mey s Attorneys fees awarded pursuantto this section shall not exceed an hourly rate greater than the ratecharged by the Attorney General at the time the award is madeand shall not exceed an aggregate amount of fifty thousand dollars($50000) This subdivision shall not apply if a public entity hasprovided for the defense of the action pursuant to Section 995 ofthe Government Code

(d) This seeti6n shftll remftin in dfeet 6ttly tmtil J8fttlfll)1 2013ftnd ftS6pound thftt dMe is repeftled wIess ft IMer enfteted stMute thMis en8eted before Jftftt18ry12013 deletes 6r extends thM dMe

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SEC 6 Section 15634 of the Welfare and Institutions Codeas amended by Section 711 ojChapter 538 of the Statutes oj2006is repealed

15634 eft) No eMe etlstodimt ele~ member hea-lthpraetitioner or employee of an adttlt proteeti-ve serviees ageneyor a loeal larn enforeement ageney who reports a lrnown orsttspeeted instanee of elder or dependent adtllt abtlse shaHbe eiviHyor eriminalry liable for any report reqttired or attthorizedby thisartiele Any other peIson reporting a lrnOWfior stlspeeted instaneeof elder or dependeItt adttIt abtlse shall not inettr ei vil or eriminalliability as a restllt of any report attthorizedby this artiele ttnlessit ean be pro ven that a false report was made and the person knewthat the report vvasrelse gteJoperson reqtlired to make a reportptlrstlant to this artiele or any person taking photographs at his orher diseretion shall inettr any eivii or eriminalliability fer takingphotographs of a stlspeeted vietim of elder or dependent adtlltabtlse or eattsing photographs to be taken of the stlspeeted vietimor fOIdisseminating the photographs with the reports reqtlired bythis artiele However this seetion shall not be eonstmed to gIantimmttnity from this liability vvithrespeet to any other tlse of thephotographs

(b) No eMe etlstodian el~ member health praetitioner oremployee of an adtlIt proteetive seniees ageney or a loea-l lawenfereemeItt ageney who pttrsttant to a reqtlest from an adttltproteeti-ie seniees ageney or a loeal lavI enforeemeItt ageneyinvestigating a report of lrnOViftor stlspeeted elder or dependentadtllt abtlse proides the reqtlesting ageney with aeeess to thevietim of a lrnovvnor stlspeeted instanee of elder or dependeIttadttlt abtlse shall inettr eiviI or eriminal liability as a restlIt ofpro viding that aeeess

ee) The Legislatttre finds that even thOtlgh it has pIOvidedimmtlnity from liability to peIsons reqtlired to report elder ordependent mit abttse immtlIlity does not eliminate the possibilitythat aetions may be brotlght agamst those persons based tlJ0nreqtlired reports of abtlse In order to fttrther limit the finaneialhardship that those persons may inettr as a resttIt offttlfilling theirlegal responsibilities it is neeessary that they not be tlftreirlybttrdened by legal fees inetlffed in defending those aetionsTherefore a eMeetlstodian ele~ member health praetitioneror employee ofan adttlt proteetive seniees ageney or a loeallffi7t

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enfOieement agene)l ma) present to the CalifeJmia VietimCempensatien and Geemment Claims BeMd a elaim feJrreasenable atteme)s fees inetJifedin any aetien agffinstthat persenen the basis efmMcinga repert reqtlired er attth6rizedb)l this Mtieleif the eeM has dismissed the aetien t1pen a demtlffer el metienfur sttmillM)lj tldgment made b that persen el ifhe er she preailsin the aetien The Califumia Vietim Cempensatien andGeemment Claims Beard shall allew that ehtim if thereqtlirements ef this sttbdi isien Me met and the elaim shall bepaid fl6man fllprepriatien te be made fur that ptllpese Atteme) sfees aarded ptliStlMltto this seetien shall net exeeedan hetlilyrate greater than the late eharged b the Attemey General at thetime the aard is made and sh8llnet exeeedan aggregate amettllteffitty thetlsanBdellMs ($50000) This sttbdF isien shall net applyif a pttblie enti) has pmbullided fer the defense ef the aetien ptlistlantte Seetien 995 ef the Ge emment Cede

(6) This seetien shall beeeme eperatie en JMttlM)12013SEC 7 Section 15640 of the Welfare and Institutions Code

as amended by Section 9 of Chapter 140 of the Statutes of2005is amended to read

15640 (a) (1) An adult protective services agency shallimmediately or as soon as practically possible report by telephoneto the law enforcement agency having jurisdiction over the caseany known or suspected instance of criminal activity and to anypublic agency given responsibility for investigation in thatjurisdiction of cases of elder and dependent adult abuse everyknown or suspected instance of abuse pursuant to Section 15630or 156301 of an elder or dependent adult A county adult protectiveservices agency shall also send a written report thereof within twoworking days of receiving the information concerning the incidentto each agency to which it is required to make a telephone reportunder this subdivision Prior to making any cross-report ofallegations of financial abuse to law enforcement agencies anadult protective services agency shall first determine whether thereis reasonable suspicion of any criminal activity

(2) If an adult protective services agency receives a report ofabuse alleged to have occurred in a long-term care facility thatadult protective services agency shall immediately inform theperson making the report that he or she is required to make thereport to the long-term care ombudsman program or to a local law

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enforcement agency The adult protective services agency shallnot accept the report by telephone but shall forward any writtenreport received to the long-term care ombudsman

(b) If an adult protective services agency or local lawenforcement agency or ombudsman program receiving a report ofknown or suspected elder or dependent adult abuse determinespursuant to its investigation that the abuse is being committed bya health practitioner licensed under Division 2 (commencing withSection 500) of the Business and Professions Code or any relatedinitiative act or by a person purporting to be a licensee the adultprotective services agency or local law enforcement agency orombudsman program shall immediately or as soon as practicallypossible report this information to the appropriate licensingagency The licensing agency shall investigate the report in lightof the potential for physical harm The transmittal of informationto the appropriate licensing agency shall not relieve the adultprotective services agency or local law enforcement agency orombudsman program of the responsibility to continue its owninvestigation as required under applicable provisions of law Theinformation reported pursuant to this paragraph shall remainconfidential and shall not be disclosed

(c) A local law enforcement agency shall immediately or assoon as practically possible report by telephone to the long-termcare ombudsman program when the abuse is alleged to haveoccurred in a long-term care facility or to the county adultprotective services agency when it is alleged to have occurredanywhere else and to the agency given responsibility for theinvestigation of cases of elder and dependent adult abuse everyknown or suspected instance of abuse of an elder or dependentadult A local law enforcement agency shall also send a writtenreport thereof within two working days of receiving the informationconcerning the incident to any agency to which it is required tomake a telephone report under this subdivision

(d) A long-term care ombudsman coordinator may report theinstance of abuse to the county adult protective services agencyor to the local law enforcement agency for assistance in theinvestigation of the abuse if the victim gives his or her consent Along-term care ombudsman program and the Licensing andCertification Division ofthe State Department ofIIealth SeI ieesPublic Health shall immediately report by telephone and in writing

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1 within two working days to the bureau any instance of neglect2 occurring in a health care facility that has seriously harmed any3 patient or reasonably appears to present a serious threat to the4 health or physical well-being of a patient in that facility If a victim5 or potential victim of the neglect withholds consent to being6 identified in that report the report shall contain circumstantial7 information about the neglect but shall not identify that victim or8 potential victim and the bureau and the reporting agency shall9 maintain the confidentiality of the report until the report becomes

lOa matter of public record11 (e) When a county adult protective services agency a long-term12 care ombudsman program or a local law enforcement agency13 receives a report of abuse neglect or abandonment of an elder or14 dependent adult alleged to have occurred in a long-term care15 facility that county adult protective services agency long-term16 care ombudsman coordinator or local law enforcement agency17 shall report the incident to the licensing agency by telephone as18 soon as possible19 (f) County adult protective services agencies long-term care20 ombudsman programs and local law enforcement agencies shall21 report the results of their investigations of referrals or reports of22 abuse to the respective referring or reporting agencies23 Eg) This seeti6n shall remain in dIcet 6ny tlfttilJ~ 1201324 and as 6f that date is repealed unless a later enaeted stMttte that25 is enaeted bef6re Janttary 12013 deletes 6r extends that date26 SEC 8 Section 15640 of the Welfare and Institutions Code27 as added by Section 10 of Chapter 140 of the Statutes of 2005 is28 repealed 29 15640 Ea) E1) An adult pr6teeti e sen iees ageney shall30 immediate) 6r as S66nas praetieal) p6ssible rep6rt 0 te1eph6ne31 t6 the la~ enf6reement ageney haing jttrisdieti6n 6er the ease32 an kntMfl6r suspeeted instanee 6f eriminal aeth it) and t6 any33 pttblie agene gien resp6nsibilit) f6r illestigMi6n in that34 jurisdieti6n 6f eases 6f elder and dependent adttlt abuse eery35 kfl6n6r suspeeted instanee 6f aetlse purstlant t6 Seeti6n 1563036 6f an elder 6r dependent adttlt A e6t11ltyadttlt pr6teeti e sen iees37 ageney shall als6 send a TV ritten rep6rt there6f Vv ithin ti 6 V 6rking38 days 6f reeeiving the inwrmati6n e6neeming the ineident t6 eaeh39 ageney t6 vv hieh it is reqtlired t6 make a teleph6ne Iep6rt tlftder40 this subdiisi6n Pri6r t6 making an er6SSIep6rt 6f allegati6ns

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offilumeial abttse to lavvenforeemertt a-geneiesMladult proteetFesen iees agene) shaH first determine whether there is reasonablesuspieion of tmJ eriminM aeti vit

(2) If an adult proteeti ve sen iees agene) reeei ves a report ofabttse alleged to ha ve oeettlTed in a long teml eare faeilit) thatadttlt proteeti ve sen iees ageney shall immediate) infoml theperson making the report that he or she is required to make thereport to the long term eare ombttdsman program 01 to aloeallawenforeemertt a-geneyThe adttlt proteeti ve sen iees agene) shallnot aeeept the report b) telephone btlt shall fonvMd flit) vvTittenreport leeehed to the long teml eare ornbtldsman

(b) If an adtllt proteetive seniees ageney or loeal lawenforeement agene) or ornbtldsman program reeei vinga report ofkftovm or stlspeeted elder or dependent adttlt MtlSe determinespttrstlartt to its inYestigationthat the flbttseis being eommitted bya health 11aetitioner lieensed tlftder Division 2 (eonJffieneingwithSeetion 500) of the Btlsiness flftdProfessions Code or flit) lelatedinitiatiye aet or by a person ptlrporting to be a lieensee the adtlltproteetive seniees a-gene) or loeallaw enforeement agene) orombttdsman program shall immediate) or as soon as praetieall)possible report this mformation to the appropriate lieensingagene) The lieensing agene) shall investigate the report in lightof the poterttial fur ph) sieal hamlThe trMlsmittfllof informationto the appropriate lieensing agene) shall not relieve the adtlltproteethe serviees agene) or loeallaw enforeement agene) orornbtldsmflft program of the responsibility to eorttinue its 0~vninvestigation as reqttired tlftder applieable provisions of law Theinformation reported pttrstlant to this paragraph shall remaineoniiderttial flItdshfl11not be diselosed

(e) A loealla bullbull enforeement agefte) shall immediate) or assoon as praetieal) possible report b) telephone to the long termeare ombtldsman program bullbullhen the abtlse is alleged to haveoeetllTed in a long term eare faeilit) or to the eotlnt) adttltproteetive seniees agene) bullbullhen it is alleged to have oeeUlfedan) vvhere else flftd to the agene) gh en responsibilit) for theinvestigation of eases of elder and dependent adttlt abtlse everykftovm or stlspeeted instflftee of MtlSe of an elder or dependerttadttlt A loeallaw enforeement ageney shall also send a Ylfittenreport thereof bullbullithin ftv0 vvorking dfl)s ofreeei ving the infomlation

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AB518 -22-

eoneeming the ineident to an agenC) to vvhieh it is reqtlired toftutke a telephone report tlIlderthis stlbdh ision

Ed) A long tenn eare ombttdsman eoordinator mll) report theinstlllleeof abtlse to the eot1llryadttlt proteetive seniees ageneyor to the loeal la bullbull enforeement agenC) for assistlllleein theinvestigationof the abttse if the vietim gives his or her eonsent Along tenn eMe ombtldsmllllprogram llIldthe Lieensing llIldCertifieation Division of the State DepMtment ofIIealth Senieesshall immediately report b telephone llIldin vvriting vvithin hiv0tv orkingdll) s to the bm eatl an instlllleeof negleet oeet1ffingin ahealth eare faeiliry that has seriotlsl hMmed an patient orreasonably appeMs to present a seriotls threat to the health orph sieal vvell being of a patient in that ffteiliry If a J ietim orpotential TV ietim of the neglect vithholds eonsent to being identifiedin that report the report shall eontain eirettmstlllltialinformationabom the negleet bm shall not identif) that vietim or potentialvietim and the bttreatl llIldthe reporting agenC) shall maintain theeoniidentialiry of the report tlntil the report beeomes a matter ofptlblie reeord

Ee) hen a eotlllryadttlt proteeti ve sen iees agenC) a long termeare ombtldsman program or a loeal la enforeement ageneyreeeives a report ofabttse negleet or ablllldonmentofllllelder ordependent adttlt alleged to have oeet1ffedin a long term earefaeiliry that eotlnty adtllt proteeti ve sen iees agenC) long termeare ombtldsmlllleoordinator or loeallavv enforeement ageneyshall report the ineident to the lieensing agene b telephone assoon as possible

ED COtl1lt)adtllt proteetive seniees ageneies long term eareombttdsman programs and 10ea1lavvenforeement ageneies shallreport the restllts of their investigations of referrals or reports ofabtlse to the respeetive referring or reporting ageneies

Eg) This seetion shall beeome operative on JllIlt1flry12013SEC 9 Section 156555 of the Welfare and Institutions Code

as amended by Section 11 of Chapter 140 of the Statutes of 2005is amended to read

156555 A county adult protective services agency shallprovide the organizations listed in paragraphs (v) (w) and (x) ofSection 1561017 and mandated reporters of suspected financialabuse of an elder or dependent adult pursuant to Section 156301with instructional materials regarding abuse and neglect of an elder

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1 or dependent adult and their obligation to report under this chapter2 At a minimum the instructional materials shall include the3 following4 (a) An explanation of abuse and neglect of an elder or dependent

adult as defined in this chapter6 (b) Information on how to recognize potential abuse and neglect7 of an elder or dependent adult8 (c) Information on how the county adult protective services9 agency investigates reports of known or suspected abuse and

neglect11 (d) Instructions on how to report known or suspected incidents12 of abuse and neglect including the appropriate telephone numbers13 to call and what types of information would assist the county adult14 protective services agency with its investigation of the report

(e) This seetion shall remain in eifcet only tlfttil Jflfttlttry 1 201316 and as of that date is repealed tmless a later enaeted stattlte that17 is enaeted before Jafttlttry 12013 deletes or extends that date18 SEC 10 Section 156555 of the Welfareand Institutions Code19 as amended by Section 712 of Chapter 538 of the Statutes of2006

is repealed21 156555 A eottftt) achtlt proteetive serviees agene) shall22 pmvide the organi2ations listed in paragraphs (v) (vv) and Ex) of23 Seetion 1561017 with instItletional materials regarding elder and24 dependent achtlt abtlse and negleet and their obligation to report

under this ehapter At a minimum the instruetional materials shall26 inelude the follovving27 (a) An explanation of elder and dependent achtlt abuse and28 negleet as defined in this ehapter29 (b) Information on how to reeogni2e potential elder and

dependent achtlt abuse and negleet31 (e) Information on ho vIthe eottftt) achtlt proteeti ve serv iees32 agene) investigates reports of knovm or suspeeted abuse and33 negleet34 (d) Instmetions on hovv to report ]movvn or suspeeted ineidents

of abuse and negleet ineltlding the appropriate telephone llt11llbers36 to eall and what rypes of information vvould assist the eount) adult37 proteetirv e sen iees agene) with its in (estigation of the report38 (e) This seetion shall beeome operati e on January I 20 13

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AB 608 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 608Pan

Health care coverage telemedicine

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to health care

httpwww1eginfocagovpubII-12Ibillasmab_0601-0650ab _608_ bill_ 20120201_status 652012

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AB 783 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 783AUTHOR(S) HayashiTOPIC Professional corporations licensed physical therapists

and occupational therapists+LAST AMENDED DATE 04072011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

COMMCOMMCOMM

HIST ACT DATEHIST ACTION

From committeeRule 62(a)

LOCATION SENACTION DATEACTION

06282011In committee Set second hearing Failed passagewithout further action pursuant to Joint

LASTLAST

BUSINESS PROFESSIONS AND ECONOMIC DEVELOPMENT06272011

Set second hearing Failed passage in Committee

TITLE An act to amend Section 2406 of the Business andProfessions Code and to amend Section 134015 of theCorporations Code relating to professional corporations

httpwwwleginfocagovpub11-12billasmab_0751-0800ab_783_bill_20111115_status 652012

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AMENDED IN ASSEMBLY APRIL 7 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 783

Introduced by Assembly Member Hayashi

February 172011

An act to amend Section 2406 of the Business and Professions Codeand to amend Section 134015 of the Corporations Code relating toprofcssiemal eorporations and deelaring the mgeney thereof to tttkeeffeet immediatelyprofessional corporations

LEGISLATIVE COUNSELS DIGEST

AB 783 as amended Hayashi Professional corporations licensedphysical therapists and occupational therapists

Existing law regulating professional corporations provides that certainhealing arts practitioners may be shareholders officers directors orprofessional employees of a medical corporation-er-a podiatric medicalcorporation or a chiropractic corporation subject to certain limitations

This bill would add licensed physical therapists and licensedoccupational therapists to the list of healing arts practitioners who maybe shareholders officers directors or professional employees of thosecorporations The bill would also make conforming changes to a relatedprovision

This bill vv otlld deelare that it is to take etteet immediately as anmgeney statttte

Vote -majority Appropriation no Fiscal committee noState-mandated local program no

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Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 2406 of the Business and Professions2 Code is amended to read3 2406 A medical corporation or podiatry corporation is a4 corporation that is authorized to render professional services as

defined in Sections 13401 and 134015 ofthe Corporations Code6 so long as that corporation and its shareholders officers directors7 and employees rendering professional services who are physicians8 and surgeons psychologists registered nurses optometrists9 podiatrists chiropractors acupuncturists naturopathic doctors

physical therapists or in the case of a medical corporation only11 physician assistants marriage and family therapists or clinical12 social workers are in compliance with the Moscone-Knox13 Professional Corporation Act the provisions of this article and all14 other statutes and regulations now or hereafter enacted or adopted

pertaining to the corporation and the conduct of its affairs16 With respect to a medical corporation or podiatry corporation17 the governmental agency referred to in the Moscone-Knox18 Professional Corporation Act is the board19 SEC 2 Section 134015 of the Corporations Code is amended

to read21 134015 Notwithstanding subdivision (d) of Section 1340122 and any other provision of law the following licensed persons23 may be shareholders officers directors or professional employees24 of the professional corporations designated in this section so long

as the sum of all shares owned by those licensed persons does not26 exceed 49 percent ofthe total number of shares of the professional27 corporation so designated herein and so long as the number of28 those licensed persons owning shares in the professional29 corporation so designated herein does not exceed the number of

persons licensed by the governmental agency regulating the31 designated professional corporation32 (a) Medical corporation33 (1) Licensed doctors of podiatric medicine34 (2) Licensed psychologists

(3) Registered nurses36 (4) Licensed optometrists37 (5) Licensed marriage and family therapists38 (6) Licensed clinical social workers

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-3-

(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists(10) Naturopathic doctors(11) Licensed physical therapists(12)Licensed occupational therapists(b) Podiatric medical corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed optometrists(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(8) Licensed physical therapists(9) Licensed occupational therapists(c) Psychological corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Registered nurses(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed chiropractors(8) Licensed acupuncturists(9) Naturopathic doctors(d) Speech-language pathology corporation(1) Licensed audiologists(e) Audiology corporation(1) Licensed speech-language pathologists(t) Nursing corporation(l) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists

AB783

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AB783 -4-

(10) Naturopathic doctors(g) Marriage and family therapy corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed clinical social workers(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(h) Licensed clinical social worker corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed marriage and family therapists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(i) Physician assistants corporation(1) Licensed physicians and surgeons(2) Registered nurses(3) Licensed acupuncturists(4) Naturopathic doctorsG) Optometric corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(k) Chiropractic corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed acupuncturists(9) Naturopathic doctors

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-5- AB783

(10) Licensed physical therapists(11) Licensed occupational therapists(l) Acupuncture corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed physician assistants(9) Licensed chiropractors(10) Naturopathic doctors(m) Naturopathic doctor corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed physician assistants(5) Licensed chiropractors(6) Licensed acupuncturists(7) Licensed physical therapists(8) Licensed doctors of podiatric medicine(9) Licensed marriage family and child counselors(10) Licensed clinical social workers(11) Licensed optometrists(n) Dental corporation(1) Licensed physicians and surgeons(2) Dental assistants(3) Registered dental assistants(4) Registered dental assistants in extended functions(5) Registered dental hygienists(6) Registered dental hygienists in extended functions(7) Registered dental hygienists in alternative practiceSEC 3 This aet is Ml ttrgene statttte neeessary for the

immediatepresenation of the ptlblie peaee hettlihor saferyvvithinthe meMling of Miele IV of the Constittttion Mld shaHgo intoimmediate effeet The fftets eonstitttting the neeessiry Me

In order to 8t1thorizelieensed physieal therapists to beshareholders offieers mreetors or professional employees of

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AD7S3 -6-

1 memeal eorpofatiofts andpodiatrie medieal eorpofatiofts as soOft2 as possible it is fteeessary that this aet tftke dIeet immediately

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AB 800 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 800Huber

Boards and commissions time reporting

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to add Section 1156410 to the Government Coderelating to boards and commissions

httpwwwleginfocagovpubI11-12billasmlab_0751-0800ab _800_ bill_20120201_status 652012

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AB 958 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 958Bill Berryhill

Regulatory boards limitations periods

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to Art IV Sec 10(e) of theFrom committee Filed with the Chiefto Joint Rule 56BUSINESS PROFESSIONS AND CONSUMER PROTECTION

TITLE An act to add Section 1105 to and to repeal Sections16702 22305 296005 3137 375051 498205499032 5561 5661 76865 988420 and 98898 of theBusiness and Professions Code relating to regulatoryboards

httpwwwleginfocagovpub11-12lbillasmlab_0951-1 OOOab_958 _bill_ 20120202_ status 652012

AB 1003 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 1003Smyth

Professional and vocational licenses

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to professional and vocational licenses

httpwwwleginfocagovpubll-12Ibillasmlab_l00l-l 050ab_1003 _bill_2012020 I_statu 652012

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AB 1205 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1205AUTHOR(S) Bill BerryhillTOPIC Licensed behavior analysts+LAST AMENDED DATE 04042011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to amend Section 499018 of and to add Chapter52 (commencing with Section 252971) to Division 2 ofthe Business and Professions Code relating to healingarts

httpwwwleginfocagovpub11-12billasmab _120 1-1250ab_1205 _bill_20 120201_statu 652012

AB 1435 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1435AUTHOR(S) Dickinson (Coauthors Alejo Buchanan and Hill) TOPIC Child abuse reporting athletic personnelHOUSE LOCATION SEN+LAST AMENDED DATE OS252012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredState-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS for

LASTLAST

APPROPRIATIONSOS252012

Do pass as amendedAyes 17 Noes OOPASS

TITLE An act to amend Section 111657 of the Penal Coderelating to child abuse reporting

httpwww1eginfocagovpub11-12lbiIVasmab_140 1-1450ab _1435 _bill~0120601_statu 652012

AMENDED IN ASSEMBLY MAY 25 2012

AMENDED IN ASSEMBLY MARCH 21 2012

AMENDED IN ASSEMBLY MARCH 142012

AMENDED IN ASSEMBLY FEBRUARY 29 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1435

Introduced by Assembly Member Dickinson(Coauthors Assembly Members Alejo Buchanan and Hill)

January 4 2012

An act to amend Section 111657 of the Penal Code relating to childabuse reporting

LEGISLATIVE COUNSELS DIGEST

AB 1435 as amended Dickinson Child abuse reporting athleticpersonnel

Existing law the Child Abuse and Neglect Reporting Act requiresa mandated reporter as defined to report whenever he or she in his orher professional capacity or within the scope of his or her employmenthas knowledge of or observed a child whom the mandated reporterknows or reasonably suspects has been the victim of child abuse orneglect Failure to report an incident is a crime punishable byimprisonment in a county jail for a period of up to 6 months a fine ofup to $1000 or by both that imprisonment and fine

This bill would add athletic coaches athletic administrators andathletic directors employed by a public or private organization to thelist of individuals who are mandated reporters The bill otlld reqtlirean ptlblie or pri v ate orgflftizationernplo ing flftathletieeoaen Mhletie

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AB 1435 -2-

ftdministrator or Mhletie direetor to hftve provided initiftl trftining byJflfttlM) I 2014 on speeified mfttters relMing to ehiM a-bttse ftftdnegleetfor those employees On ftftd ftfter lftnuftry 12014 the bill vvottld reeJtlireinitiftl trftining to be pro vided IV ithin 6 months of the dMe ftn indi vidttftlbeeomes employed in thM eftlfteiry The bill vvouM require theseindividuftls to eomplete eontifttling tminmg every 2 yeMs

By imposing the reporting requirements on a new class of personsfor whom failure to report specified conduct is a crime ftftdby imposingne~ trftining reeJtlirements on publie oIgftfiiZMions ineluding loeftlgOvernment entities this bill would impose a state-mandated localprogram

The Cftlifomift Constittltion reqtlires the stMe to reimbtlfse loeftlftgeneies ftnd sehool distriets for eertftin eosts mftftdMed by the stftteStftttltory pItYvisions esffiblish proeedtlfes for mftkffigthftt reimbtlfsement

This bill hould pro vide thM 4vith regMd to eertftin mftftdfttes noIeimbtlfsement is reeJtlired by this ftet for ft speeified reftson

Vith regftM to ftny other mftndMeS this bill vv0tlM pro vide thM if theCommission on StMe ~bndtltes determines thM the bill eontftins eostsso mftndftted by the stftte reimbttIsement for those eosts shftll be mftdeptlfStlftnt to the stftttltory pro visions noted ttbo ve

The California Constitution requires the state to reimburse localagencies and school districts for certain costs mandated by the stateStatutory provisions establish procedures for making thatreimbursement

This bill would provide that no reimbursement is required by this actfor a specified reason

Vote majority Appropriation no Fiscal committee yesState-mandated local program yes

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 111657 of the Penal Code is amended2 to read3 111657 (a) As used in this article mandated reporter is4 defined as any of the following5 (1) A teacher6 (2) An instructional aide7 (3) A teachers aide or teachers assistant employed by any8 public or private schooL9 (4) A classified employee of any public schooL

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1 (5) An administrative officer or supervisor of child welfare and2 attendance or a certificated pupil personnel employee of any public3 or private school4 (6) An administrator of a public or private day camp

(7) An administrator or employee of a public or private youth6 center youth recreation program or youth organization7 (8) An administrator or employee of a public or private8 organization whose duties require direct contact and supervision9 of children

(9) Any employee of a county office of education or the State11 Department of Education whose duties bring the employee into12 contact with children on a regular basis13 (10) A licensee an administrator or an employee of a licensed14 community care or child day care facility

(11) A Head Start program teacher16 (12) A licensing worker or licensing evaluator employed by a17 licensing agency as defined in Section 111651118 (13) A public assistance worker19 (14) An employee of a child care institution including but not

limited to foster parents group home personnel and personnel of21 residential care facilities22 (15) A social worker probation officer or parole officer23 (16) An employee of a school district police or security24 department

(17) Any person who is an administrator or presenter of or a26 counselor in a child abuse prevention program in any public or27 private school28 (18) A district attorney investigator inspector or local child29 support agency caseworker unless the investigator inspector or

caseworker is working with an attorney appointed pursuant to31 Section 317 of the Welfare and Institutions Code to represent a32 mmor33 (19) A peace officer as defined in Chapter 45 (commencing34 with Section 830) of Title 3 of Part 2 who is not otherwise

described in this section36 (20) A firefighter except for volunteer firefighters37 (21) A physician and surgeon psychiatrist psychologist dentist38 resident intern podiatrist chiropractor licensed nurse dental39 hygienist optometrist marriage and family therapist clinical social

worker professional clinical counselor or any other person who

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AB 1435 -4-

is currently licensed under Division 2 (commencing with Section500) of the Business and Professions Code

(22) Any emergency medical technician I or II paramedic orother person certified pursuant to Division 25 (commencing withSection 1797) of the Health and Safety Code

(23) A psychological assistant registered pursuant to Section2913 of the Business and Professions Code

(24) A marriage and family therapist trainee as defined insubdivision (c) of Section 498003 of the Business and ProfessionsCode

(25) An unlicensed marriage and family therapist internregistered under Section 498044 of the Business and ProfessionsCode

(26) A state or county public health employee who treats a minorfor venereal disease or any other condition

(27) A coroner(28) A medical examiner or any other person who performs

autopsies(29) A commercial film and photographic print processor as

specified in subdivision (e) of Section 11166 As used in thisarticle commercial film and photographic print processor meansany person who develops exposed photographic film into negativesslides or prints or who makes prints from negatives or slides forcompensation The term includes any employee of such a personit does not include a person who develops film or makes prints fora public agency

(30) A child visitation monitor As used in this article childvisitation monitor means any person who for financialcompensation acts as monitor of a visit between a child and anyother person when the monitoring of that visit has been orderedby a court of law

(31) An animal control officer or humane society officer Forthe purposes ofthis article the following terms have the followingmeanings

(A) Animal control officer means any person employed by acity county or city and county for the purpose of enforcing animalcontrol laws or regulations

(B) Humane society officer means any person appointed oremployed by a public or private entity as a humane officer who is

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-5- AB 1435

qualified pursuant to Section 14502 or 14503 of the CorporationsCode

(32) A clergy member as specified in subdivision (d) of Section11166 As used in this article clergy member means a priestminister rabbi religious practitioner or similar functionary of achurch temple or recognized denomination or organization

(33) Any custodian of records of a clergy member as specifiedin this section and subdivision (d) of Section 11166

(34) Any employee of any police department county sheriffsdepartment county probation department or county welfaredepartment

(35) An employee or volunteer of a Court Appointed SpecialAdvocate program as defined in Rule 1424 ofthe California Rulesof Court

(36) A custodial officer as defined in Section 8315(37) Any person providing services to a minor child under

Section 12300 or 123001 of the Welfare and Institutions Code(38) An alcohol and drug counselor As used in this article an

alcohol and drug counselor is a person providing counselingtherapy or other clinical services for a state licensed or certifieddrug alcohol or drug and alcohol treatment program Howeveralcohol or drug abuse or both alcohol and drug abuse is not inand of itself a sufficient basis for reporting child abuse or neglect

(39) A clinical counselor trainee as defined in subdivision (g)of Section 499912 of the Business and Professions Code

(40) A clinical counselor intern registered under Section 499942of the Business and Professions Code

(41) An athletic coach athletic administrator or athletic directoremployed by a public or private organization including but notlimited to schools and instittttions of higher e6ueation thatprovidekindergarten or any of grades 1 to 12 inclusive

(b) Except as provided in paragraph (35) of subdivision (a)volunteers of public or private organizations whose duties requiredirect contact with and supervision of children are not mandatedreporters but are encouraged to obtain training in the identificationand reporting of child abuse and neglect and are further encouragedto report known or suspected instances of child abuse or neglectto an agency specified in Section 111659

(c) Employers are strongly encouraged to provide theiremployees who are mandated reporters with training in the duties

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AB 1435 -6-

imposed by this article This training shall include training in childabuse and neglect identification and training in child abuse andneglect reporting Whether or not employers provide theiremployees with training in child abuse and neglect identificationand reporting the employers shall provide their employees whoare mandated reporters with the statement required pursuant tosubdivision (a) of Section 111665

(d) School districts that do not train their employees specifiedin subdivision (a) in the duties of mandated reporters under thechild abuse reporting laws shall report to the State Department ofEducation the reasons why this training is not provided

(e) Unless otherwise specifically provided the absence oftraining shall not excuse a mandated reporter from the dutiesimposed by this article

(f) Public and private organizations are encouraged to providetheir volunteers whose duties require direct contact with andsupervision of children with training in the identification andreporting of child abuse and neglect

(g) (1) On 6r befure Jttmtary 1 2014 ttll) pttblie 6r privflie6rganizttti6ftemp16ing ttft Mhletie e6tteh Mhletie ttdmimstrltt6r6r Mhletie direet6r ttSspeeified ift pMttgrttph (41) 6f sttbdivisi6ft(tt) shttll pr6 vide iftitittl trttining f6r th6se empl~ ees 6n thefull6vvingmtttters

(A) The identifiettti6n 6f ehild ttbttse ttnd negleet(D) Aeti vities thttt e6ftstitttte inltppr6prittte ttftd illegttl e6ntttet

betiveen tt 6tlth ltftd ltft ttthietie e6tteh Mhletie ttdmiftistrttt6r 6rttthietie direet6r

(6) The resp6nsibilities 6f tt pers6n identified lIStt mttndfliedrep6rter in this seeti6n ineIttding btl ft6t limited t6 ttll 6f thefull6 vving

(i) T6 ~h6m tt rep6rt is reqtlired t6 be mttde(ii) The inf6rmttti6n thttt is reqttired t6 be ifte1ttdedin tt rep6rt(iii) The time vvithiftvvhieha mandated rep6rter is reqttired t6

file tt rep6rt(2) Initittl training shall be pr6vided b perS6ftSkn6vvledgeltble

ift the identifiettti6n 6fehild aettse ttnd negleet inltppf6prittte ltftdillegal e6ntaet bem eena 6ttth and ltftadttIt ltftdstatttt6ry rep6rtingreqttiremeftts ltftdshttll e6nsist 6ftw6 h6ttrs 6felassr66m 6r 6therinteraetive trainiftg ltftdedttettti6n

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-7- AB 1435

1 (h) Commeneing on fmd aftel Jfmtlftry12014 fmofgfmization2 speeified in sttbdivision (g) shaHpro ide initial training within six3 months of the date that fm individtutl beeomes empleryed as an4 Mhletie eoaeh athletie administrator or athletie direetor ttnless5 the indi idttal reeei ed training Hithin tw0 years prior to the date6 the indi idtlal is empleryed An Mhletie eoaeh athletie7 administrator or athletie direetor Hho has leeeied initial training8 ptlfStlafttto sttbdiision (g) shall eomplete eontifttling training9 thereafter onee eery two years eonsisting of one hottf of

10 elassroom or other interaeti e training fmd edtteation11 SEC 2 No reimbtlrsement is reqtlired by this aet pttfStlafttto12 Seetion 6 ofArtiele )GIlD of the California Constitution for eertain13 eosts that may be inetllTed by a loeal ageney or sehool distriet14 beeatlse ift that regard this aet ereates a nev erime or infraetion15 eliminates a erime or infraetion or ehfmges the penalty fOfa erime16 or inflaetion Hithin the meaning of Seetion 17556 of the17 Goemment Code or ehanges the definition ofa elime Hithin the18 meaning of Seetion 6 of Aniele XIII D of the Califomia19 Constitution20 IIo~eer if the Commission on State Mfmdates determines that21 this aet eontainsother eosts mfmdated by the state reimbttfsement22 to loeal ageneies fmd sehool distliets for those eosts shall be made23 ptlfStlafttto Part 7 (eommeneing Hith Seetion 17500) of Division24 4 of Title 2 of the Goemment Code25 SEC 2 No reimbursement is required by this act pursuant to26 Section 6 of Article XIII B of the California Constitution because27 the only costs that may be incurred by a local agency or school28 district will be incurred because this act creates a new crime or29 infraction eliminates a crime or infraction or changes thepenalty30 for a crime or infraction within the meaning of Section 17556 of31 the Government Code or changes the definition of a crime within32 the meaning of Section 6 of Article XIII B of the California33 Constitution

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95

AB 1904 Assembly Bill Status

MEASURE AUTHOR(S)TOPIC

HOUSE

CURRENT BILL STATUS

AB No 1904Block Butler and

Professions and vocationslicenses

LOCATION

Cookmilitary spouses temporary

TYPE OF BILL

SEN

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyAppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpub11-12billasmab _1901-1950ab _1904_ bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes Noes OOPASS17

An act to add Section 1155 to the Business andProfessions Code relating to professions and vocationsand making an appropriation therefor

-

AB 1588 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1588AUTHOR(S) Atkins (Principal coauthors Cook and Nielsen)

(Coauthors Block Beth Gaines Pan V Manuel PerezWilliams and Yamada)

TOPIC Professions and vocations reservist licensees fees andcontinuing education

HOUSE LOCATION SEN+LAST AMENDED DATE 03052012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS forLAST

LAST

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

TITLE An act to add Section 1143 to the Business andProfessions Code relating to professions and vocations

htlpllwwwleginfocagovpubll-12Ibillasmlab _1551-1600ab _1588 _bill_20120601_statu 652012

middot

AMENDED IN ASSEMBLY MARCH 5 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1588

Introduced by Assembly Member Atkins(Principal coauthors Assembly Members Cook and Nielsen)

(Coauthors Assembly Members Block Beth Gaines PanV Manuel Perez Williams and Yamada)

February 6 2012

An act to add Section 1143 to the Business and Professions Coderelating to professions and vocations

LEGISLATIVE COUNSELS DIGEST

AB 1588 as amended Atkins Professions and vocations reservistlicensees fees and continuing education

Existing law provides for the regulation of various professions andvocations by boards commissions or bureaus within the Departmentof Consumer Affairs and for the licensure or registration of individualsin that regard Existing law authorizes any licensee whose licenseexpired while he or she was on active duty as a member of the CaliforniaNational Guard or the United States Armed Forces to reinstate his orher license without examination or penalty if certain requirements aremet

This bill would require the boards commissions or bureaus describedabove to waive the renewal fees and continuing education requirementsif either is applicable of any licensee or registrant who is a reservistcalled to active duty as a member of the United States Military Reserveor the California National Guard if certain requirements are met

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

98

AB 1588 -2-

Thepeople of the State of Califomi a do enact asfollows

1 SECTION 1 Section 1143 is added to the Business and2 Professions Code to read3 1143 Notwithstanding any other provision oflaw everyboard4 commission or bureau within the department shall waive the5 renewal fees and continuing education requirements if either is6 applicable for any licensee or registrant who is a reservist called7 to active duty as a member of the United States Military Reserve8 or the California National Guard if all of the following9 requirements are met

10 (a) The licensee or registrant was in good standing with the11 board commission or bureau at the time the reservist was called12 to active duty13 (b) The renewal fees or continuing education requirements are14 waived only for the period during which the reservist is on active15 duty service16 (c) The active duty reservist or the active duty reservists spouse17 or registered domestic partner provides written notice satisfactory18 to the board commission or bureau that substantiates the19 reservists active duty service

o

98

AB 1896 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1896AUTHOR(S) ChesbroTOPIC Tribal health programs health care practitionersHOUSE LOCATION SEN+LAST AMENDED DATE 03272012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATIONCOMM ACTION DATECOMM ACTIONCOMM VOTE SUMMARY

ASM

05172012Referred to Com on B P amp EDBUSINESS PROFESSIONS AND CONSUMER PROTECTION04102012

Do passAyes 09 Noes OOPASS

TITLE An act to amend the heading of Article 10 (commencingwith Section 710) of Chapter 1 of Division 2 of and toadd Section 719 to the Business and Professions Coderelating to healing arts

httpwwwleginfocagovpubI11-12lbillasmab_1851-1900ab_1896_bill_20120517 _statu 652012

-

AMENDED IN ASSEMBLY MARCH 27 2012

CALIFORNIA LEGISLATURE-20II-12 REGULAR SESSION

ASSEMBLY BILL No 1896

Introduced by Assembly Member Chesbro

February 222012

An act to amend the heading of Article 10 (commencing with Section710) of Chapter 1 of Division 2 of and to add Section 719 to theBusiness and Professions Code relating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1896 as amended Chesbro Tribal health programs health carepractitioners

Under existing federal law licensed health professionals employedby a tribal health program are required to be exempt if licensed in anystate from the licensing requirements of the state in which the tribalhealth program performs specified services A tribal health program isdefined as an Indian tribe or tribal organization that operates any healthprogram service function activity or facility funded in whole or partby the Indian Health Service

Existing law provides for the licensure and regulation of health carepractitioners by various healing arts boards within the Department ofConsumer Affairs

This bill would codify that federal requirement by specifying that aperson who is licensed as a health care practitioner in any other stateand is employed by a tribal health program is exempt from any statelicensing requirement with respect to acts authorized under thepersonslicense where the tribal health program performs specified services

Vote majority Appropriation no Fiscal committee noState-mandated local program no

98

AD 1896 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 The heading of Article 10 (commencing with2 Section 710) of Chapter 1 of Division 2 of the Business and3 Professions Code is amended to read456789

101112131415161718192021

Article 10 Federal Personnel and Tribal Health Programs

SEC 2 Section 719 is added to the Business and ProfessionsCode to read

719 (a) A person who is licensed as a health care practitionerin any other state and is employed by a tribal health program asdefined in Section 1603 of Title 25 of the United States Code shallbe exempt from any licensing requirement described in this divisionwith respect to acts authorized under the persons license wherethe tribal health program performs the services described in thecontract or compact of the tribal health program under the IndianSelf-Determination and Education Assistance Act (25 USC Sec450 et seq)

(b) For purposes of this section health care practitioner meansany person who engages in acts that are the subject of licensureor regulation under this division or Ml) initiative 8et referred to inthis division the law of any other state

o

98

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1904

Introduced by Assembly Members Block Butler and Cook

February 222012

An act to add Section 1155 to the Business and Professions Coderelating to professions and vocations and making an appropriationtherefor

LEGISLATIVE COUNSELS DIGEST

AB 1904 as introduced Block Professions and vocations militaryspouses temporary licenses

Existing law provides for the licensure and regulation of variousprofessions and vocations by boards within the Department of ConsumerAffairs Existing law provides for the issuance of reciprocal licenses incertain fields where the applicant among other requirements has alicense to practice within that field in another jurisdiction as specifiedUnder existing law licensing fees imposed by certain boards withinthe department are deposited in funds that are continuously appropriated

This bill would authorize a board within the department to issue atemporary license to an applicant who among other requirements holdsan equivalent license in another jurisdiction as specified and is marriedto or in a legal union with an active duty member of the Armed Forcesofthe United States who is assigned to a duty station in California underofficial active duty military orders The bill would require a board toexpedite the process for issuing these temporary licenses The bill wouldrequire the applicant to pay any fees required by the board and wouldrequire that those fees be deposited in the fund used by the board toadminister its licensing program To the extent that the bill would

99

AB 1904 -2-

increase the amount of money deposited into a continuously appropriatedfund the bill would make an appropriation

Vote majority Appropriation yes Fiscal committee yesState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 1155 is added to the Business and2 Professions Code to read3 1155 (a) A board within the department may issue a4 temporary license to an applicant who meets all of the following5 requirements6 (l) Submits an application in the manner prescribed by the7 board8 (2) Supplies evidence satisfactory to the board that the applicant9 is married to or in a domestic partnership or other legal union

10 with an active duty member of the Armed Forces of the United11 States who is assigned to a duty station in this state under official12 active duty military orders13 (3) Holds a current license in another state district or territory14 of the United States with the requirements that the board determines15 are substantially equivalent to those established under this code16 for that occupation17 (4) Has not committed an act in anyjurisdiction that would have18 constituted grounds for denial suspension or revocation of the19 license under this code at the time the act was committed20 (5) Has not been disciplined by a licensing entity in another21 jurisdiction and is not the subject of an unresolved complaint22 review procedure or disciplinary proceeding conducted by a23 licensing entity in another jurisdiction24 (6) Pays any fees required by the board Those fees shall be25 deposited in the applicable fund or account used by the board to26 administer its licensing program27 (7) Submits fingerprints and any applicable fingerprinting fee28 in the manner required of an applicant for a regular license29 (b) A board shall expedite the procedure for issuing a temporary30 license pursuant to this section31 (c) A temporary license issued under this section shall be valid32 for 180 days except that the license may at the discretion of the

99

-3- AB 1904

I board be extended for an additional180-day period on application2 of the license holder3 (d) A board may adopt regulations necessary to administer this4 section

o

99

AB 1932 Assembly Bill Status

MEASURE AUTHOR(S)TOPICHOUSE+LAST

CURRENT BILL STATUS

AB No 1932Gorell (Coauthor Cook)

United States armed services healing arts boardsLOCATION SENAMENDED DATE 04172012

TYPE OF BILL

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpubI11-12Ibillasmab_1901-1950ab_1932_bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

An act to add Section 7102 to the Business andProfessions Code relating to healing arts

-

AMENDED IN ASSEMBLY APRIL 172012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1932

Introduced by Assembly Member-Ceek Gorell(Coauthor Assembly Member Cook)

February 222012

An act to add Section 7102 to the Business and Professions Coderelating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1932 as amended euroook Gorell United States armed serviceshealing arts boards

Existing law provides for the licensure and regulation of varioushealing arts professions and vocations by boards within the Departmentof Consumer Affairs Existing law requires the rules and regulations ofthese healing arts boards to provide for methods of evaluating educationtraining and experience obtained in military service if such training isapplicable to the requirements of the particular profession or vocationregulated by the board Under existing law the Department of VeteransAffairs has specified powers and duties relating to various programsserving veterans

This bill would require by January 12014 and annually thereafterevery healing arts board to issue a specified written report to theDepartment of Veterans Affairs and the Legislature as specified thatclearly details the methods of evaluating the education training andexperience obtained in military service and whether that educationtraining and experience is applicable to the boards requirements forlicensure The bill would declare the intent of the Legislature in thisregard

98

AB 1932 -2-

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 710 of the Business and Professions Code2 was enacted in 1969 and because healing arts boards have not3 demonstrated significant compliance with that section it is the4 intent of the Legislature to establish an annual reporting5 requirement to compel these boards to provide information about6 the methods of evaluating education training and experience7 obtained in military service in order to meet the needs of the8 upcoming wave of armed service members returning to civilian9 life

10 SEC 2 Section 7102 is added to the Business and Professions11 Code to read12 7102 (a) By January 12014 and annually thereafter every13 healing arts board described in this division shall issue a written14 report to the Department of Veterans Affairs and to the Legislature15 that clearly details the methods of evaluating the education16 training and experience obtained in military service and whether17 that education training and experience is applicable to the boards18 requirements for licensure This written report shall include but19 not be limited to quantitative information about the number of20 service members who have applied for and have used their military21 education training and experience to fulfill the boards22 requirements for licensure23 (b) (1) The requirement to submit a report to the Legislature24 under subdivision (a) shall be inoperative on January 1 201825 pursuant to Section 102315 of the Government Code26 (2) A report to the Legislature shall be submitted in compliance27 with Section 9795 of the Government Code

o

98

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      • AGENDA ITEM 4
      • DISCUSSION AND POSSIBLE ACTION REGARDING PENDING LEGISLATION
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10111213141516171819202122232425262728293031323334353637383940

-3- AB439

twenty-five thousand dollars ($25000) per violation Nothing inthis subdivision shall be construed to limit the liability of a healthcare service plan a contractor or a provider of health care that isnot a licensed health care professional for any violation of thispart

(3) (A) Any person or entity other than a licensed health careprofessional who knowingly or willfully obtains or uses medicalinformation in violation of this part for the purpose of financialgain shall be liable for an administrative fine or civil penalty notto exceed two hundred fifty thousand dollars ($250000) perviolation and shall also be subject to disgorgement of any proceedsor other consideration obtained as a result of the violation

(B) Any licensed health care professional who knowingly andwillfully obtains discloses or uses medical information in violationofthis part for financial gain shall be liable on a first violation foran administrative fine or civil penalty not to exceed five thousanddollars ($5000) per violation or on a second violation for anadministrative fine or civil penalty not to exceed twenty-fivethousand dollars ($25000) per violation or on a third andsubsequent violation for an administrative fine or civil penalty notto exceed two hundred fifty thousand dollars ($250000) perviolation and shall also be subject to disgorgement of any proceedsor other consideration obtained as a result ofthe violation Nothingin this subdivision shall be construed to limit the liability of ahealth care service plan a contractor or a provider of health carethat is not a licensed health care professional for any violation ofthis part

(4) Nothing in this subdivision shall be construed as authorizingan administrative fine or civil penalty under both paragraphs (2)and (3) for the same violation

(5) Any person or entity who is not permitted to receive medicalinformation pursuant to this part and who knowingly and willfullyobtains discloses or uses medical information without writtenauthorization from the patient shall be liable for a civil penalty notto exceed two hundred fifty thousand dollars ($250000) perviolation

(d) In assessing the amount of an administrative fine or civilpenalty pursuant to subdivision (c) the Office of HealthInformation Integrity licensing agency or certifying board orcourt shall consider anyone or more of the relevant circumstances

96

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10111213141516171819202122232425262728293031323334353637383940

AB439 -4-

presented by any of the parties to the case including but not limitedto the following

(1) Whether the defendant has made a reasonable good faithattempt to comply with this part

(2) The nature and seriousness of the misconduct(3) The harm to the patient enrollee or subscriber(4) The number of violations(5) The persistence of the misconduct(6) The length of time over which the misconduct occurred(7) The willfulness of the defendants misconduct(8) The defendants assets liabilities and net worth(e) (1) In an action brought by an individual pursuant to

subdivision (b) on or after January 12012 the court shall awardany actual damages and reasonable attorneys fees and costs butmay not award nominal damages for a violation of this part if thedefendant establishes all of the following as an affirmative defense

(A) The defendant is a covered entity as defined in Section160103 of Title 45 of the Code of Federal Regulations

(B) The defendant has complied with any obligations to notifyall persons entitled to receive notice regarding the release of theinformation or records

(C) The release of confidential information or records was solelyto another covered entity

(D) The defendant took appropriate preventive actions to protectthe confidential information or records against release retentionor use by any person or entity other than the covered entity thatreceived the information or records including but not limited to

(i) Developing and implementing security policies andprocedures

(ii) Designating a security official who is responsible fordeveloping and implementing its security policies and proceduresincluding educating and training the workforce

(iii) Encrypting the information or records and protectingagainst the release or use of the encryption key and passwords ortransmitting the information or records in a manner designed toprovide similar protections against improper disclosures

(E) The defendant took appropriate corrective action after therelease of the confidential records or information and the coveredentity that received the information or records immediatelydestroyed or returned the information or records

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(F) The covered entity that received the confidential informationor records did not retain use or release the information or records

(G) The defendant has not Ifeviettsl) vielateti this IMt ef inthe eettrls tiisefetieft tieslite the Ifief vielatieftbeenfound liablefor a violation of this part within the three years preceding thealleged violation or the court determines that application of theaffirmative defense is found to be compelling and consistent withthe purposes ofthis section to promote reasonable conduct in lightof all the facts

(2) In an action under this subdivision a plaintiff shall beentitled to recover reasonable attorneys fees and costs withoutregard to an award of actual or nominal damages

(3) A defendant shall not be liable for more than one judgmenton the merits for a violation of this subdivision

(f) (1) The civil penalty pursuant to subdivision (c) shall beassessed and recovered in a civil action brought in the name of thepeople of the State of California in any court of competentjurisdiction by any of the following

(A) The Attorney General(B) Any district attorney(C) Any county counsel authorized by agreement with the

district attorney in actions involving violation of a countyordinance

(D) Any city attorney of a city(E) Any city attorney of a city and county having a population

in excess of 750000 with the consent of the district attorney(F) A city prosecutor in any city having a full-time city

prosecutor or with the consent of the district attorney by a cityattorney in any city and county

(G) The Director of the Office of Health Information Integritymay recommend that any person described in subparagraphs (A)to (F) inclusive bring a civil action under this section

(2) If the action is brought by the Attorney General one-halfofthe penalty collected shall be paid to the treasurer of the countyin which the judgment was entered and one-half to the GeneralFund If the action is brought by a district attorney or countycounsel the penalty collected shall be paid to the treasurer of thecounty in which the judgment was entered Except as provided inparagraph (3) if the action is brought by a city attorney or cityprosecutor one-half of the penalty collected shall be paid to the

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1 treasurer of the city in which the judgment was entered and one-half2 to the treasurer of the county in which the judgment was entered3 (3) If the action is brought by a city attorney of a city and4 county the entire amount of the penalty collected shall be paid to5 the treasurer of the city and county in which the judgment was6 entered7 (4) Nothing in this section shall be construed as authorizing8 both an administrative fine and civil penalty for the same violation9 (5) Imposition of a fine or penalty provided for in this section

10 shall not preclude imposition of any other sanctions or remedies11 authorized by law12 (6) Administrative fines or penalties issued pursuant to Section13 128015 of the Health and Safety Code shall offset any other14 administrative fine or civil penalty imposed under this section for15 the same violation16 (g) For purposes of this section knowing and willful shall17 have the same meanings as in Section 7 of the Penal Code18 (h) No person who discloses protected medical information in19 accordance with the provisions of this part shall be subject to the20 penalty provisions of this part

o

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AB 518 Assembly Bill Status Page I of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPICHOUSE+LAST

AB No 518Wagner

Elder and dependentLOCATION SENAMENDED DATE

adult abuse mandated reporters

03232011

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATION

06062011In committee Hearing postponed by committee

SEN BANKING AND FINANCIAL INSTITUTIONS

TITLE An act to repeal Section 7480 of the Government Codeand to amend Section 156301 of and to amend and repealSections 15633 15634 15640 and 156555 of theWelfare and Institutions Code relating to elder anddependent adult abuse

httpwwwleginfocagovpubll-12Ibillasmab_ 0501-0550ab_518_bill_2011 0615_status 652012

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AMENDED IN ASSEMBLY MARCH 23 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 518

Introduced by Assembly Member Wagner

February 152011

Aft aet to amend Seetion 156301 of the Welfare and InstittttionsCode relating to elder abtlse An act to repeal Section 7480 of theGovernment Code and to amend Section 156301 of and to amend andrepeal Sections 15633 15634 15640 and 156555 of the Welfare andInstitutions Code relating to elder and dependent adult abuse

LEGISLATIVE COUNSELS DIGEST

AB 518 as amended Wagner Elder and dependent adult abusemandated reporters

Existing law the Elder Abuse and Dependent Adult Civil ProtectionAct establishes procedures for the reporting investigation andprosecution of elder and dependent adult abuse including but notlimited to financial abuse as defined These procedures require personsdefined as mandated reporters to report known or suspected instancesof elder or dependent adult abuse A violation of the reportingrequirements by a mandated reporter is a misdemeanor Existing lawwhich will be repealed on January 12013 defines who is a mandatedreporter of suspected financial abuse of an elder or dependent adult Aviolation ofthe financial abuse reporting requirements is subject to civilpenalties

This bill would delete the January 1 2013 repeal date and makeconforming changes

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

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The people of the State of California do enact asfollows

1 SECTION 1 Section 7480 of the Government Code as2 amended by Section 2 of Chapter 234 of the Statutes of 2008 is3 repealed4 7480 Nothing in this ehapter prohibits an) of the following

(a) The dissemination of an) finaneial information that is not6 identified with or identifiable as being deri ved from the fiftMleial7 reeords of a partietllar etlstomer8 (b) When any poliee or sheriffs department or distriet attorney9 in this state eertines to a bank eredit tlftion or savin-gsassoeiation

in 4vritingthat a erime report has been filed that involves the11 alleged fratldttlent tlse of drafts eheeks or other orders drawfl12 tlJon MtY bank eredit tlftion or Sltv ings assoeiation in this state13 the poliee or sheriffs department or distriet attomey a eotlnty14 adttlt proteeti-ve sen iees oftiee 4vhen investigating the finaneial

abttse of an elder or dependent adttlt or a long term eare16 ombttdsman when investigating the finaneial abttse of an elder or17 dependent adttlt rna reqtlest a bank eredit tlftion or savings18 assoeiation to fttmish and a bank eredit tlftion or savings19 assoeiation shall fttmish a statement setting forth the folIowing

information with respeet to a etlstomer aeeotlnt speeified b) the21 reqttesting parry for a period 30 da s prior to and tlJ to 30 da) s22 following the date ofoeetnTenee of the alleged illegal aet invohin-g23 the aeeotlftt24 (1) The Itttftlber of items dishonored

(2) The nttmber of items paid that ereated Oierdrafts26 (3) The dollar volttme of the dishonored items and items paid27 whieh ereated overdrafts and a statement explaining an) eredit28 atTangementbetween the bank eredit tlftion or savin-gsassoeiation29 and etlstomer to pa) 0verdrafts

(4) The dates and amotlnts of deposits and debits and the aeeotlftt31 balanee on these dates32 (5) A eoJry of the signattlre eard inelttding the signattlre and33 an) addresses appearing on a etlstomers signattlre eard34 (6) The date the aeeottnt opened and ifapplieable the date the

aeeotlnt elosed36 (7) A bank eredit tlftion or saTvingsassoeiation that proiides37 the reqtlesting part) vvith eopies of one or more eomplete aeeottnt

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the taxpa er (2) the (iireet deposit refund bullbullas not rettlmed to theFranehise Tax Board and (3) the remnd TnaSdeposited direetlyon a speeifled date into the aeeotlftt of an aeeotmtholder of theflnaneial instittttion bullbullho bullbullas not entitled to reeei v e the refttndthen the flnaneial instittttion shall fttntish to the Franehise TaxBoard the name and address ofan eoo w ner eosigtter or an otherperson bullbullho had aeeess to the mnds in the aeeotlttt follo bullbulling thedate ofdiIeet deposit refund or if the aeeotmt has been dosed thename and address of the person bullbullho dosed the aeeOtlftt

(s) This seetion shall beeome operati v e on Jaftttary 1 2013SECTION 1SEC 2 Section 156301 of the Welfare and Institutions Code

is amended to read156301 (a) As used in this section mandated reporter of

suspected financial abuse of an elder or dependent adult meansall officers and employees of financial institutions

(b) As used in this section the term financial institution meansany of the following

(l) A depository institution as defined in Section 3(c) of theFederal Deposit Insurance Act (12 USC Sec 1813(c))

(2) An institution-affiliated party as defined in Section 3(u) ofthe Federal Deposit Insurance Act (12 USC Sec 1813(u))

(3) A federal credit union or state credit union as defined inSection 101 ofthe Federal Credit Union Act (12 USC Sec 1752)including but not limited to an institution-affiliated party of acredit union as defined in Section 206(r) of the Federal CreditUnion Act (12 USc Sec 1786(r))

(c) As used in this section financial abuse has the samemeaning as in Section 1561030

(d) (l) Any mandated reporter of suspected financial abuse ofan elder or dependent adult who has direct contact with the elderor dependent adult or who reviews or approves the elder ordependent adults financial documents records or transactionsin connection with providing financial services with respect to anelder or dependent adult and who within the scope of his or heremployment or professional practice has observed or hasknowledge of an incident that is directly related to the transactionor matter that is within that scope of employment or professionalpractice that reasonably appears to be financial abuse or whoreasonably suspects that abuse based solely on the information

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before him or her at the time of reviewing or approving thedocument record or transaction in the case of mandated reporterswho do not have direct contact with the elder or dependent adultshall report the known or suspected instance of financial abuse bytelephone immediately or as soon as practicably possible and bywritten report sent within two working days to the local adultprotective services agency or the local law enforcement agency

(2) When two or more mandated reporters jointly haveknowledge or reasonably suspect that financial abuse of an elderor a dependent adult for which the report is mandated has occurredand when there is an agreement among them the telephone reportmay be made by a member of the reporting team who is selectedby mutual agreement A single report may be made and signed bythe selected member of the reporting team Any member of theteam who has knowledge that the member designated to report hasfailed to do so shall thereafter make that report

(3) If the mandated reporter knows that the elder or dependentadult resides in a long-term care facility as defined in Section1561047 the report shall be made to the local ombudsman or locallaw enforcement agency

(e) An allegation by the elder or dependent adult or any otherperson that financial abuse has occurred is not sufficient to triggerthe reporting requirement under this section if both of the followingconditions are met

(1) The mandated reporter of suspected financial abuse of anelder or dependent adult is aware of no other corroborating orindependent evidence of the alleged financial abuse of an elder ordependent adult The mandated reporter of suspected financialabuse of an elder or dependent adult is not required to investigateany accusations

(2) In the exercise of his or her professional judgment themandated reporter of suspected financial abuse of an elder ordependent adult reasonably believes that financial abuse of anelder or dependent adult did not occur

(f) Failure to report financial abuse under this section shall besubject to a civil penalty not exceeding one thousand dollars($1000) or if the failure to report is willful a civil penalty notexceeding five thousand dollars ($5000) which shall be paid bythe financial institution that is the employer of the mandated

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reporter to the party bringing the action Subdivision (h) of Section15630 shall not apply to violations of this section

(g) (1) The civil penalty provided for in subdivision (f) shallbe recovered only in a civil action brought against the financialinstitution by the Attorney General district attorney or countycounsel No action shall be brought under this section by anyperson other than the Attorney General district attorney or countycounsel Multiple actions for the civil penalty may not be broughtfor the same violation

(2) Nothing in the Financial Elder Abuse Reporting Act of2005shall be construed to limit expand or otherwise modify any civilliability or remedy that may exist under this or any other law

(h) As used in this section suspected financial abuse of anelder or dependent adult occurs when a person who is requiredto report under subdivision (a) observes or has knowledge ofbehavior or unusual circumstances or transactions or a pattern ofbehavior or unusual circumstances or transactions that would leadan individual with like training or experience based on the samefacts to form a reasonable belief that an elder or dependent adultis the victim of financial abuse as defined in Section 1561030

(i) Reports of suspected financial abuse of an elder or dependentadult made by an employee or officer of a financial institutionpursuant to this section are covered under subdivision (b) of Section47 of the Civil Code

SEC 3 Section 15633 of the Welfare and Institutions Codeas amended by Section 5 of Chapter 140 of the Statutes of 2005is amended to read

15633 (a) The reports made pursuant to Sections 15630156301 and 15631 shall be confidential and may be disclosedonly as provided in subdivision (b) Any violation of theconfidentiality required by this chapter is a misdemeanorpunishable by not more than six months in the county jail by afine of five hundred dollars ($500) or by both that fine andimprisonment

(b) Reports of suspected abuse of an elder or dependent adultand information contained therein may be disclosed only to thefollowing

(1) Persons or agencies to whom disclosure of information orthe identity of the reporting party is permitted under Section156335

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(2) (A) Persons who are trained and qualified to serve onmultidisciplinary personnel teams may disclose to one anotherinformation and records that are relevant to the preventionidentification or treatment of abuse of elderly or dependentpersons

(B) Except as provided in subparagraph (A) any personnel ofthe multidisciplinary team or agency that receives informationpursuant to this chapter shall be under the same obligations andsubject to the same confidentiality penalties as the persondisclosing or providing that information The information obtainedshall be maintained in a manner that ensures the maximumprotection of privacy and confidentiality rights

(c) This section shall not be construed to allow disclosure ofany reports or records relevant to the reports of abuse of an elderor dependent adult if the disclosure would be prohibited by anyother provisions of state or federal law applicable to the reports orrecords relevant to the reports of the abuse nor shall it be construedto prohibit the disclosure by a financial institution of any reportsor records relevant to the reports of abuse of an elder or dependentadult if the disclosure would be required of a financial institutionby otherwise applicable state or federal law or court order

(d) This seetion shall remain in dIcet on) tmtilJantmry I 2813and as of that date is repealed unless a later enaeted statute thatis enaeted before JMlt1ary12813 deletes or extends that date

SEC 4 Section 15633 of the Welfare and Institutions Codeas added by Section 6 of Chapter 140 of the Statutes of 2005 isrepealed

15633 (a) The leports made ptlrstlMlt to Seetions 15638 and15631 shall be eonndential and may be diselosed on) as pro videdin stlbdivision (b) AIl) violation of the eonfidetttialrt reqtliredbythis ehapter is a misdemeanor ptlnishable bynot more than sixmoftths in the eounry jail b)l a nne ofn Vehundred dollars ($588)or byboth that nne and imprisonment

(b) Reports of stlspeeted elder 01 dependent adttlt abttse andinfenmation eontained therein may be diselosed only to thefollo vving

(1) Persons or ageneies to vvhomdiselostlfe of information orthe identity of the reporting pMty is permitted tlnder Seetion156335

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(2) EA) Persems who Me trftined Md qtlftlified to sene onmtlltidiseiplinftfjf persoflftel teftll1smfty diselose to one Mlotherinfermtttion Md reeords thftt Me relevflnt to the preventionidentifiefttion or trefttment of ftbttse of elderly or dependentpersons

EB) Exeept ftSpro vided in SMpMftgrftph EA) Mly personnel ofthe ftltlltidiseiplinftry teftftl or ftgeney thftt reeeives informfttionptlrstlftnt to this ehflPtel shftH he tinder the sftme ohligfttions ftndsttbjeet to the sftme eonfidentiftlity penftlties ftS the pelsondisdosing or pro viding thftt infermfttion The informfttion ohtftinedshftH he mftintftined in ft ftlftflfter thftt enstlfes the ftlftXimttmproteetion ofprivftey ftnd eonfidentiftlity rights

Ee) This seetion shftH not he eonstftled to ftHo diselostlfe ofMy reports or reeords rde vMit to the reports of elder or dependentftdttlt ftbttse if the disdostlfe votlld he prohibited hy My other110visions of stftte or federftllft bullbull ftppliefthle to the reports or reeordsrele vftnt to the reports of the flbttse

Ed) This seetion shftH heeome operftti ve on Jftntlftry I 2013SEC 5 Section 15634 of the Welfare and Institutions Code

as amended by Section 7 of Chapter 140 of the Statutes of 2005is amended to read

15634 (a) No care custodian clergy member healthpractitioner mandated reporter of suspected financial abuse of anelder or dependent adult or employee of an adult protectiveservices agency or a local law enforcement agency who reports aknown or suspected instance of abuse of an elder or dependentadult shall be civilly or criminally liable for any report requiredor authorized by this article Any other person reporting a knownor suspected instance of abuse of an elder or dependent adult shallnot incur civil or criminal liability as a result of any reportauthorized by this article unless it can be proven that a false reportwas made and the person knew that the report was false No personrequired to make a report pursuant to this article or any persontaking photographs at his or her discretion shall incur any civil orcriminal liability for taking photographs of a suspected victim ofabuse of an elder or dependent adult or causing photographs to betaken of such a suspected victim or for disseminating thephotographs with the reports required by this article Howeverthis section shall not be construed to grant immunity from thisliability with respect to any other use of the photographs

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(b) No care custodian clergy member health practitionermandated reporter of suspected financial abuse of an elder ordependent adult or employee of an adult protective services agencyor a local law enforcement agency who pursuant to a request froman adult protective services agency or a local law enforcementagency investigating a report of known or suspected abuse of anelder or dependent adult provides the requesting agency withaccess to the victim of a known or suspected instance of abuse ofan elder or dependent adult shall incur civil or criminal liabilityas a result of providing that access

(c) The Legislature finds that even though it has providedimmunity from liability to persons required to report abuse of anelder or dependent adult immunity does not eliminate thepossibility that actions may be brought against those persons basedupon required reports of abuse In order to further limit the financialhardship that those persons may incur as a result of fulfilling theirlegal responsibilities it is necessary that they not be unfairlyburdened by legal fees incurred in defending those actionsTherefore a care custodian clergy member health practitioneror an employee of an adult protective services agency or a locallaw enforcement agency may present to the StMe B6Md 6pound C6ntr61California Victim Compensation and Government Claims Boarda claim for reasonable fttt6meys attorneys fees incurred in anyaction against that person on the basis of making a report requiredor authorized by this article if the court has dismissed the actionupon a demurrer or motion for summary judgment made by thatperson or if he or she prevails in the action The StMe B6ftrd 6fC6ntr61 California Victim Compensation and Government ClaimsBoard shall allow that claim if the requirements ofthis subdivisionare met and the claim shall be paid from an appropriation to bemade for that purpose Att6mey s Attorneys fees awarded pursuantto this section shall not exceed an hourly rate greater than the ratecharged by the Attorney General at the time the award is madeand shall not exceed an aggregate amount of fifty thousand dollars($50000) This subdivision shall not apply if a public entity hasprovided for the defense of the action pursuant to Section 995 ofthe Government Code

(d) This seeti6n shftll remftin in dfeet 6ttly tmtil J8fttlfll)1 2013ftnd ftS6pound thftt dMe is repeftled wIess ft IMer enfteted stMute thMis en8eted before Jftftt18ry12013 deletes 6r extends thM dMe

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SEC 6 Section 15634 of the Welfare and Institutions Codeas amended by Section 711 ojChapter 538 of the Statutes oj2006is repealed

15634 eft) No eMe etlstodimt ele~ member hea-lthpraetitioner or employee of an adttlt proteeti-ve serviees ageneyor a loeal larn enforeement ageney who reports a lrnown orsttspeeted instanee of elder or dependent adtllt abtlse shaHbe eiviHyor eriminalry liable for any report reqttired or attthorizedby thisartiele Any other peIson reporting a lrnOWfior stlspeeted instaneeof elder or dependeItt adttIt abtlse shall not inettr ei vil or eriminalliability as a restllt of any report attthorizedby this artiele ttnlessit ean be pro ven that a false report was made and the person knewthat the report vvasrelse gteJoperson reqtlired to make a reportptlrstlant to this artiele or any person taking photographs at his orher diseretion shall inettr any eivii or eriminalliability fer takingphotographs of a stlspeeted vietim of elder or dependent adtlltabtlse or eattsing photographs to be taken of the stlspeeted vietimor fOIdisseminating the photographs with the reports reqtlired bythis artiele However this seetion shall not be eonstmed to gIantimmttnity from this liability vvithrespeet to any other tlse of thephotographs

(b) No eMe etlstodian el~ member health praetitioner oremployee of an adtlIt proteetive seniees ageney or a loea-l lawenfereemeItt ageney who pttrsttant to a reqtlest from an adttltproteeti-ie seniees ageney or a loeal lavI enforeemeItt ageneyinvestigating a report of lrnOViftor stlspeeted elder or dependentadtllt abtlse proides the reqtlesting ageney with aeeess to thevietim of a lrnovvnor stlspeeted instanee of elder or dependeIttadttlt abtlse shall inettr eiviI or eriminal liability as a restlIt ofpro viding that aeeess

ee) The Legislatttre finds that even thOtlgh it has pIOvidedimmtlnity from liability to peIsons reqtlired to report elder ordependent mit abttse immtlIlity does not eliminate the possibilitythat aetions may be brotlght agamst those persons based tlJ0nreqtlired reports of abtlse In order to fttrther limit the finaneialhardship that those persons may inettr as a resttIt offttlfilling theirlegal responsibilities it is neeessary that they not be tlftreirlybttrdened by legal fees inetlffed in defending those aetionsTherefore a eMeetlstodian ele~ member health praetitioneror employee ofan adttlt proteetive seniees ageney or a loeallffi7t

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enfOieement agene)l ma) present to the CalifeJmia VietimCempensatien and Geemment Claims BeMd a elaim feJrreasenable atteme)s fees inetJifedin any aetien agffinstthat persenen the basis efmMcinga repert reqtlired er attth6rizedb)l this Mtieleif the eeM has dismissed the aetien t1pen a demtlffer el metienfur sttmillM)lj tldgment made b that persen el ifhe er she preailsin the aetien The Califumia Vietim Cempensatien andGeemment Claims Beard shall allew that ehtim if thereqtlirements ef this sttbdi isien Me met and the elaim shall bepaid fl6man fllprepriatien te be made fur that ptllpese Atteme) sfees aarded ptliStlMltto this seetien shall net exeeedan hetlilyrate greater than the late eharged b the Attemey General at thetime the aard is made and sh8llnet exeeedan aggregate amettllteffitty thetlsanBdellMs ($50000) This sttbdF isien shall net applyif a pttblie enti) has pmbullided fer the defense ef the aetien ptlistlantte Seetien 995 ef the Ge emment Cede

(6) This seetien shall beeeme eperatie en JMttlM)12013SEC 7 Section 15640 of the Welfare and Institutions Code

as amended by Section 9 of Chapter 140 of the Statutes of2005is amended to read

15640 (a) (1) An adult protective services agency shallimmediately or as soon as practically possible report by telephoneto the law enforcement agency having jurisdiction over the caseany known or suspected instance of criminal activity and to anypublic agency given responsibility for investigation in thatjurisdiction of cases of elder and dependent adult abuse everyknown or suspected instance of abuse pursuant to Section 15630or 156301 of an elder or dependent adult A county adult protectiveservices agency shall also send a written report thereof within twoworking days of receiving the information concerning the incidentto each agency to which it is required to make a telephone reportunder this subdivision Prior to making any cross-report ofallegations of financial abuse to law enforcement agencies anadult protective services agency shall first determine whether thereis reasonable suspicion of any criminal activity

(2) If an adult protective services agency receives a report ofabuse alleged to have occurred in a long-term care facility thatadult protective services agency shall immediately inform theperson making the report that he or she is required to make thereport to the long-term care ombudsman program or to a local law

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enforcement agency The adult protective services agency shallnot accept the report by telephone but shall forward any writtenreport received to the long-term care ombudsman

(b) If an adult protective services agency or local lawenforcement agency or ombudsman program receiving a report ofknown or suspected elder or dependent adult abuse determinespursuant to its investigation that the abuse is being committed bya health practitioner licensed under Division 2 (commencing withSection 500) of the Business and Professions Code or any relatedinitiative act or by a person purporting to be a licensee the adultprotective services agency or local law enforcement agency orombudsman program shall immediately or as soon as practicallypossible report this information to the appropriate licensingagency The licensing agency shall investigate the report in lightof the potential for physical harm The transmittal of informationto the appropriate licensing agency shall not relieve the adultprotective services agency or local law enforcement agency orombudsman program of the responsibility to continue its owninvestigation as required under applicable provisions of law Theinformation reported pursuant to this paragraph shall remainconfidential and shall not be disclosed

(c) A local law enforcement agency shall immediately or assoon as practically possible report by telephone to the long-termcare ombudsman program when the abuse is alleged to haveoccurred in a long-term care facility or to the county adultprotective services agency when it is alleged to have occurredanywhere else and to the agency given responsibility for theinvestigation of cases of elder and dependent adult abuse everyknown or suspected instance of abuse of an elder or dependentadult A local law enforcement agency shall also send a writtenreport thereof within two working days of receiving the informationconcerning the incident to any agency to which it is required tomake a telephone report under this subdivision

(d) A long-term care ombudsman coordinator may report theinstance of abuse to the county adult protective services agencyor to the local law enforcement agency for assistance in theinvestigation of the abuse if the victim gives his or her consent Along-term care ombudsman program and the Licensing andCertification Division ofthe State Department ofIIealth SeI ieesPublic Health shall immediately report by telephone and in writing

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1 within two working days to the bureau any instance of neglect2 occurring in a health care facility that has seriously harmed any3 patient or reasonably appears to present a serious threat to the4 health or physical well-being of a patient in that facility If a victim5 or potential victim of the neglect withholds consent to being6 identified in that report the report shall contain circumstantial7 information about the neglect but shall not identify that victim or8 potential victim and the bureau and the reporting agency shall9 maintain the confidentiality of the report until the report becomes

lOa matter of public record11 (e) When a county adult protective services agency a long-term12 care ombudsman program or a local law enforcement agency13 receives a report of abuse neglect or abandonment of an elder or14 dependent adult alleged to have occurred in a long-term care15 facility that county adult protective services agency long-term16 care ombudsman coordinator or local law enforcement agency17 shall report the incident to the licensing agency by telephone as18 soon as possible19 (f) County adult protective services agencies long-term care20 ombudsman programs and local law enforcement agencies shall21 report the results of their investigations of referrals or reports of22 abuse to the respective referring or reporting agencies23 Eg) This seeti6n shall remain in dIcet 6ny tlfttilJ~ 1201324 and as 6f that date is repealed unless a later enaeted stMttte that25 is enaeted bef6re Janttary 12013 deletes 6r extends that date26 SEC 8 Section 15640 of the Welfare and Institutions Code27 as added by Section 10 of Chapter 140 of the Statutes of 2005 is28 repealed 29 15640 Ea) E1) An adult pr6teeti e sen iees ageney shall30 immediate) 6r as S66nas praetieal) p6ssible rep6rt 0 te1eph6ne31 t6 the la~ enf6reement ageney haing jttrisdieti6n 6er the ease32 an kntMfl6r suspeeted instanee 6f eriminal aeth it) and t6 any33 pttblie agene gien resp6nsibilit) f6r illestigMi6n in that34 jurisdieti6n 6f eases 6f elder and dependent adttlt abuse eery35 kfl6n6r suspeeted instanee 6f aetlse purstlant t6 Seeti6n 1563036 6f an elder 6r dependent adttlt A e6t11ltyadttlt pr6teeti e sen iees37 ageney shall als6 send a TV ritten rep6rt there6f Vv ithin ti 6 V 6rking38 days 6f reeeiving the inwrmati6n e6neeming the ineident t6 eaeh39 ageney t6 vv hieh it is reqtlired t6 make a teleph6ne Iep6rt tlftder40 this subdiisi6n Pri6r t6 making an er6SSIep6rt 6f allegati6ns

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-21- AB518

offilumeial abttse to lavvenforeemertt a-geneiesMladult proteetFesen iees agene) shaH first determine whether there is reasonablesuspieion of tmJ eriminM aeti vit

(2) If an adult proteeti ve sen iees agene) reeei ves a report ofabttse alleged to ha ve oeettlTed in a long teml eare faeilit) thatadttlt proteeti ve sen iees ageney shall immediate) infoml theperson making the report that he or she is required to make thereport to the long term eare ombttdsman program 01 to aloeallawenforeemertt a-geneyThe adttlt proteeti ve sen iees agene) shallnot aeeept the report b) telephone btlt shall fonvMd flit) vvTittenreport leeehed to the long teml eare ornbtldsman

(b) If an adtllt proteetive seniees ageney or loeal lawenforeement agene) or ornbtldsman program reeei vinga report ofkftovm or stlspeeted elder or dependent adttlt MtlSe determinespttrstlartt to its inYestigationthat the flbttseis being eommitted bya health 11aetitioner lieensed tlftder Division 2 (eonJffieneingwithSeetion 500) of the Btlsiness flftdProfessions Code or flit) lelatedinitiatiye aet or by a person ptlrporting to be a lieensee the adtlltproteetive seniees a-gene) or loeallaw enforeement agene) orombttdsman program shall immediate) or as soon as praetieall)possible report this mformation to the appropriate lieensingagene) The lieensing agene) shall investigate the report in lightof the poterttial fur ph) sieal hamlThe trMlsmittfllof informationto the appropriate lieensing agene) shall not relieve the adtlltproteethe serviees agene) or loeallaw enforeement agene) orornbtldsmflft program of the responsibility to eorttinue its 0~vninvestigation as reqttired tlftder applieable provisions of law Theinformation reported pttrstlant to this paragraph shall remaineoniiderttial flItdshfl11not be diselosed

(e) A loealla bullbull enforeement agefte) shall immediate) or assoon as praetieal) possible report b) telephone to the long termeare ombtldsman program bullbullhen the abtlse is alleged to haveoeetllTed in a long term eare faeilit) or to the eotlnt) adttltproteetive seniees agene) bullbullhen it is alleged to have oeeUlfedan) vvhere else flftd to the agene) gh en responsibilit) for theinvestigation of eases of elder and dependent adttlt abtlse everykftovm or stlspeeted instflftee of MtlSe of an elder or dependerttadttlt A loeallaw enforeement ageney shall also send a Ylfittenreport thereof bullbullithin ftv0 vvorking dfl)s ofreeei ving the infomlation

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AB518 -22-

eoneeming the ineident to an agenC) to vvhieh it is reqtlired toftutke a telephone report tlIlderthis stlbdh ision

Ed) A long tenn eare ombttdsman eoordinator mll) report theinstlllleeof abtlse to the eot1llryadttlt proteetive seniees ageneyor to the loeal la bullbull enforeement agenC) for assistlllleein theinvestigationof the abttse if the vietim gives his or her eonsent Along tenn eMe ombtldsmllllprogram llIldthe Lieensing llIldCertifieation Division of the State DepMtment ofIIealth Senieesshall immediately report b telephone llIldin vvriting vvithin hiv0tv orkingdll) s to the bm eatl an instlllleeof negleet oeet1ffingin ahealth eare faeiliry that has seriotlsl hMmed an patient orreasonably appeMs to present a seriotls threat to the health orph sieal vvell being of a patient in that ffteiliry If a J ietim orpotential TV ietim of the neglect vithholds eonsent to being identifiedin that report the report shall eontain eirettmstlllltialinformationabom the negleet bm shall not identif) that vietim or potentialvietim and the bttreatl llIldthe reporting agenC) shall maintain theeoniidentialiry of the report tlntil the report beeomes a matter ofptlblie reeord

Ee) hen a eotlllryadttlt proteeti ve sen iees agenC) a long termeare ombtldsman program or a loeal la enforeement ageneyreeeives a report ofabttse negleet or ablllldonmentofllllelder ordependent adttlt alleged to have oeet1ffedin a long term earefaeiliry that eotlnty adtllt proteeti ve sen iees agenC) long termeare ombtldsmlllleoordinator or loeallavv enforeement ageneyshall report the ineident to the lieensing agene b telephone assoon as possible

ED COtl1lt)adtllt proteetive seniees ageneies long term eareombttdsman programs and 10ea1lavvenforeement ageneies shallreport the restllts of their investigations of referrals or reports ofabtlse to the respeetive referring or reporting ageneies

Eg) This seetion shall beeome operative on JllIlt1flry12013SEC 9 Section 156555 of the Welfare and Institutions Code

as amended by Section 11 of Chapter 140 of the Statutes of 2005is amended to read

156555 A county adult protective services agency shallprovide the organizations listed in paragraphs (v) (w) and (x) ofSection 1561017 and mandated reporters of suspected financialabuse of an elder or dependent adult pursuant to Section 156301with instructional materials regarding abuse and neglect of an elder

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1 or dependent adult and their obligation to report under this chapter2 At a minimum the instructional materials shall include the3 following4 (a) An explanation of abuse and neglect of an elder or dependent

adult as defined in this chapter6 (b) Information on how to recognize potential abuse and neglect7 of an elder or dependent adult8 (c) Information on how the county adult protective services9 agency investigates reports of known or suspected abuse and

neglect11 (d) Instructions on how to report known or suspected incidents12 of abuse and neglect including the appropriate telephone numbers13 to call and what types of information would assist the county adult14 protective services agency with its investigation of the report

(e) This seetion shall remain in eifcet only tlfttil Jflfttlttry 1 201316 and as of that date is repealed tmless a later enaeted stattlte that17 is enaeted before Jafttlttry 12013 deletes or extends that date18 SEC 10 Section 156555 of the Welfareand Institutions Code19 as amended by Section 712 of Chapter 538 of the Statutes of2006

is repealed21 156555 A eottftt) achtlt proteetive serviees agene) shall22 pmvide the organi2ations listed in paragraphs (v) (vv) and Ex) of23 Seetion 1561017 with instItletional materials regarding elder and24 dependent achtlt abtlse and negleet and their obligation to report

under this ehapter At a minimum the instruetional materials shall26 inelude the follovving27 (a) An explanation of elder and dependent achtlt abuse and28 negleet as defined in this ehapter29 (b) Information on how to reeogni2e potential elder and

dependent achtlt abuse and negleet31 (e) Information on ho vIthe eottftt) achtlt proteeti ve serv iees32 agene) investigates reports of knovm or suspeeted abuse and33 negleet34 (d) Instmetions on hovv to report ]movvn or suspeeted ineidents

of abuse and negleet ineltlding the appropriate telephone llt11llbers36 to eall and what rypes of information vvould assist the eount) adult37 proteetirv e sen iees agene) with its in (estigation of the report38 (e) This seetion shall beeome operati e on January I 20 13

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AB 608 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 608Pan

Health care coverage telemedicine

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to health care

httpwww1eginfocagovpubII-12Ibillasmab_0601-0650ab _608_ bill_ 20120201_status 652012

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AB 783 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 783AUTHOR(S) HayashiTOPIC Professional corporations licensed physical therapists

and occupational therapists+LAST AMENDED DATE 04072011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

COMMCOMMCOMM

HIST ACT DATEHIST ACTION

From committeeRule 62(a)

LOCATION SENACTION DATEACTION

06282011In committee Set second hearing Failed passagewithout further action pursuant to Joint

LASTLAST

BUSINESS PROFESSIONS AND ECONOMIC DEVELOPMENT06272011

Set second hearing Failed passage in Committee

TITLE An act to amend Section 2406 of the Business andProfessions Code and to amend Section 134015 of theCorporations Code relating to professional corporations

httpwwwleginfocagovpub11-12billasmab_0751-0800ab_783_bill_20111115_status 652012

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AMENDED IN ASSEMBLY APRIL 7 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 783

Introduced by Assembly Member Hayashi

February 172011

An act to amend Section 2406 of the Business and Professions Codeand to amend Section 134015 of the Corporations Code relating toprofcssiemal eorporations and deelaring the mgeney thereof to tttkeeffeet immediatelyprofessional corporations

LEGISLATIVE COUNSELS DIGEST

AB 783 as amended Hayashi Professional corporations licensedphysical therapists and occupational therapists

Existing law regulating professional corporations provides that certainhealing arts practitioners may be shareholders officers directors orprofessional employees of a medical corporation-er-a podiatric medicalcorporation or a chiropractic corporation subject to certain limitations

This bill would add licensed physical therapists and licensedoccupational therapists to the list of healing arts practitioners who maybe shareholders officers directors or professional employees of thosecorporations The bill would also make conforming changes to a relatedprovision

This bill vv otlld deelare that it is to take etteet immediately as anmgeney statttte

Vote -majority Appropriation no Fiscal committee noState-mandated local program no

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AB783 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 2406 of the Business and Professions2 Code is amended to read3 2406 A medical corporation or podiatry corporation is a4 corporation that is authorized to render professional services as

defined in Sections 13401 and 134015 ofthe Corporations Code6 so long as that corporation and its shareholders officers directors7 and employees rendering professional services who are physicians8 and surgeons psychologists registered nurses optometrists9 podiatrists chiropractors acupuncturists naturopathic doctors

physical therapists or in the case of a medical corporation only11 physician assistants marriage and family therapists or clinical12 social workers are in compliance with the Moscone-Knox13 Professional Corporation Act the provisions of this article and all14 other statutes and regulations now or hereafter enacted or adopted

pertaining to the corporation and the conduct of its affairs16 With respect to a medical corporation or podiatry corporation17 the governmental agency referred to in the Moscone-Knox18 Professional Corporation Act is the board19 SEC 2 Section 134015 of the Corporations Code is amended

to read21 134015 Notwithstanding subdivision (d) of Section 1340122 and any other provision of law the following licensed persons23 may be shareholders officers directors or professional employees24 of the professional corporations designated in this section so long

as the sum of all shares owned by those licensed persons does not26 exceed 49 percent ofthe total number of shares of the professional27 corporation so designated herein and so long as the number of28 those licensed persons owning shares in the professional29 corporation so designated herein does not exceed the number of

persons licensed by the governmental agency regulating the31 designated professional corporation32 (a) Medical corporation33 (1) Licensed doctors of podiatric medicine34 (2) Licensed psychologists

(3) Registered nurses36 (4) Licensed optometrists37 (5) Licensed marriage and family therapists38 (6) Licensed clinical social workers

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-3-

(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists(10) Naturopathic doctors(11) Licensed physical therapists(12)Licensed occupational therapists(b) Podiatric medical corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed optometrists(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(8) Licensed physical therapists(9) Licensed occupational therapists(c) Psychological corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Registered nurses(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed chiropractors(8) Licensed acupuncturists(9) Naturopathic doctors(d) Speech-language pathology corporation(1) Licensed audiologists(e) Audiology corporation(1) Licensed speech-language pathologists(t) Nursing corporation(l) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists

AB783

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(10) Naturopathic doctors(g) Marriage and family therapy corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed clinical social workers(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(h) Licensed clinical social worker corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed marriage and family therapists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(i) Physician assistants corporation(1) Licensed physicians and surgeons(2) Registered nurses(3) Licensed acupuncturists(4) Naturopathic doctorsG) Optometric corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(k) Chiropractic corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed acupuncturists(9) Naturopathic doctors

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-5- AB783

(10) Licensed physical therapists(11) Licensed occupational therapists(l) Acupuncture corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed physician assistants(9) Licensed chiropractors(10) Naturopathic doctors(m) Naturopathic doctor corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed physician assistants(5) Licensed chiropractors(6) Licensed acupuncturists(7) Licensed physical therapists(8) Licensed doctors of podiatric medicine(9) Licensed marriage family and child counselors(10) Licensed clinical social workers(11) Licensed optometrists(n) Dental corporation(1) Licensed physicians and surgeons(2) Dental assistants(3) Registered dental assistants(4) Registered dental assistants in extended functions(5) Registered dental hygienists(6) Registered dental hygienists in extended functions(7) Registered dental hygienists in alternative practiceSEC 3 This aet is Ml ttrgene statttte neeessary for the

immediatepresenation of the ptlblie peaee hettlihor saferyvvithinthe meMling of Miele IV of the Constittttion Mld shaHgo intoimmediate effeet The fftets eonstitttting the neeessiry Me

In order to 8t1thorizelieensed physieal therapists to beshareholders offieers mreetors or professional employees of

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AD7S3 -6-

1 memeal eorpofatiofts andpodiatrie medieal eorpofatiofts as soOft2 as possible it is fteeessary that this aet tftke dIeet immediately

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AB 800 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 800Huber

Boards and commissions time reporting

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to add Section 1156410 to the Government Coderelating to boards and commissions

httpwwwleginfocagovpubI11-12billasmlab_0751-0800ab _800_ bill_20120201_status 652012

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AB 958 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 958Bill Berryhill

Regulatory boards limitations periods

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to Art IV Sec 10(e) of theFrom committee Filed with the Chiefto Joint Rule 56BUSINESS PROFESSIONS AND CONSUMER PROTECTION

TITLE An act to add Section 1105 to and to repeal Sections16702 22305 296005 3137 375051 498205499032 5561 5661 76865 988420 and 98898 of theBusiness and Professions Code relating to regulatoryboards

httpwwwleginfocagovpub11-12lbillasmlab_0951-1 OOOab_958 _bill_ 20120202_ status 652012

AB 1003 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 1003Smyth

Professional and vocational licenses

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to professional and vocational licenses

httpwwwleginfocagovpubll-12Ibillasmlab_l00l-l 050ab_1003 _bill_2012020 I_statu 652012

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AB 1205 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1205AUTHOR(S) Bill BerryhillTOPIC Licensed behavior analysts+LAST AMENDED DATE 04042011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to amend Section 499018 of and to add Chapter52 (commencing with Section 252971) to Division 2 ofthe Business and Professions Code relating to healingarts

httpwwwleginfocagovpub11-12billasmab _120 1-1250ab_1205 _bill_20 120201_statu 652012

AB 1435 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1435AUTHOR(S) Dickinson (Coauthors Alejo Buchanan and Hill) TOPIC Child abuse reporting athletic personnelHOUSE LOCATION SEN+LAST AMENDED DATE OS252012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredState-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS for

LASTLAST

APPROPRIATIONSOS252012

Do pass as amendedAyes 17 Noes OOPASS

TITLE An act to amend Section 111657 of the Penal Coderelating to child abuse reporting

httpwww1eginfocagovpub11-12lbiIVasmab_140 1-1450ab _1435 _bill~0120601_statu 652012

AMENDED IN ASSEMBLY MAY 25 2012

AMENDED IN ASSEMBLY MARCH 21 2012

AMENDED IN ASSEMBLY MARCH 142012

AMENDED IN ASSEMBLY FEBRUARY 29 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1435

Introduced by Assembly Member Dickinson(Coauthors Assembly Members Alejo Buchanan and Hill)

January 4 2012

An act to amend Section 111657 of the Penal Code relating to childabuse reporting

LEGISLATIVE COUNSELS DIGEST

AB 1435 as amended Dickinson Child abuse reporting athleticpersonnel

Existing law the Child Abuse and Neglect Reporting Act requiresa mandated reporter as defined to report whenever he or she in his orher professional capacity or within the scope of his or her employmenthas knowledge of or observed a child whom the mandated reporterknows or reasonably suspects has been the victim of child abuse orneglect Failure to report an incident is a crime punishable byimprisonment in a county jail for a period of up to 6 months a fine ofup to $1000 or by both that imprisonment and fine

This bill would add athletic coaches athletic administrators andathletic directors employed by a public or private organization to thelist of individuals who are mandated reporters The bill otlld reqtlirean ptlblie or pri v ate orgflftizationernplo ing flftathletieeoaen Mhletie

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AB 1435 -2-

ftdministrator or Mhletie direetor to hftve provided initiftl trftining byJflfttlM) I 2014 on speeified mfttters relMing to ehiM a-bttse ftftdnegleetfor those employees On ftftd ftfter lftnuftry 12014 the bill vvottld reeJtlireinitiftl trftining to be pro vided IV ithin 6 months of the dMe ftn indi vidttftlbeeomes employed in thM eftlfteiry The bill vvouM require theseindividuftls to eomplete eontifttling tminmg every 2 yeMs

By imposing the reporting requirements on a new class of personsfor whom failure to report specified conduct is a crime ftftdby imposingne~ trftining reeJtlirements on publie oIgftfiiZMions ineluding loeftlgOvernment entities this bill would impose a state-mandated localprogram

The Cftlifomift Constittltion reqtlires the stMe to reimbtlfse loeftlftgeneies ftnd sehool distriets for eertftin eosts mftftdMed by the stftteStftttltory pItYvisions esffiblish proeedtlfes for mftkffigthftt reimbtlfsement

This bill hould pro vide thM 4vith regMd to eertftin mftftdfttes noIeimbtlfsement is reeJtlired by this ftet for ft speeified reftson

Vith regftM to ftny other mftndMeS this bill vv0tlM pro vide thM if theCommission on StMe ~bndtltes determines thM the bill eontftins eostsso mftndftted by the stftte reimbttIsement for those eosts shftll be mftdeptlfStlftnt to the stftttltory pro visions noted ttbo ve

The California Constitution requires the state to reimburse localagencies and school districts for certain costs mandated by the stateStatutory provisions establish procedures for making thatreimbursement

This bill would provide that no reimbursement is required by this actfor a specified reason

Vote majority Appropriation no Fiscal committee yesState-mandated local program yes

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 111657 of the Penal Code is amended2 to read3 111657 (a) As used in this article mandated reporter is4 defined as any of the following5 (1) A teacher6 (2) An instructional aide7 (3) A teachers aide or teachers assistant employed by any8 public or private schooL9 (4) A classified employee of any public schooL

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-3- AB 1435

1 (5) An administrative officer or supervisor of child welfare and2 attendance or a certificated pupil personnel employee of any public3 or private school4 (6) An administrator of a public or private day camp

(7) An administrator or employee of a public or private youth6 center youth recreation program or youth organization7 (8) An administrator or employee of a public or private8 organization whose duties require direct contact and supervision9 of children

(9) Any employee of a county office of education or the State11 Department of Education whose duties bring the employee into12 contact with children on a regular basis13 (10) A licensee an administrator or an employee of a licensed14 community care or child day care facility

(11) A Head Start program teacher16 (12) A licensing worker or licensing evaluator employed by a17 licensing agency as defined in Section 111651118 (13) A public assistance worker19 (14) An employee of a child care institution including but not

limited to foster parents group home personnel and personnel of21 residential care facilities22 (15) A social worker probation officer or parole officer23 (16) An employee of a school district police or security24 department

(17) Any person who is an administrator or presenter of or a26 counselor in a child abuse prevention program in any public or27 private school28 (18) A district attorney investigator inspector or local child29 support agency caseworker unless the investigator inspector or

caseworker is working with an attorney appointed pursuant to31 Section 317 of the Welfare and Institutions Code to represent a32 mmor33 (19) A peace officer as defined in Chapter 45 (commencing34 with Section 830) of Title 3 of Part 2 who is not otherwise

described in this section36 (20) A firefighter except for volunteer firefighters37 (21) A physician and surgeon psychiatrist psychologist dentist38 resident intern podiatrist chiropractor licensed nurse dental39 hygienist optometrist marriage and family therapist clinical social

worker professional clinical counselor or any other person who

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AB 1435 -4-

is currently licensed under Division 2 (commencing with Section500) of the Business and Professions Code

(22) Any emergency medical technician I or II paramedic orother person certified pursuant to Division 25 (commencing withSection 1797) of the Health and Safety Code

(23) A psychological assistant registered pursuant to Section2913 of the Business and Professions Code

(24) A marriage and family therapist trainee as defined insubdivision (c) of Section 498003 of the Business and ProfessionsCode

(25) An unlicensed marriage and family therapist internregistered under Section 498044 of the Business and ProfessionsCode

(26) A state or county public health employee who treats a minorfor venereal disease or any other condition

(27) A coroner(28) A medical examiner or any other person who performs

autopsies(29) A commercial film and photographic print processor as

specified in subdivision (e) of Section 11166 As used in thisarticle commercial film and photographic print processor meansany person who develops exposed photographic film into negativesslides or prints or who makes prints from negatives or slides forcompensation The term includes any employee of such a personit does not include a person who develops film or makes prints fora public agency

(30) A child visitation monitor As used in this article childvisitation monitor means any person who for financialcompensation acts as monitor of a visit between a child and anyother person when the monitoring of that visit has been orderedby a court of law

(31) An animal control officer or humane society officer Forthe purposes ofthis article the following terms have the followingmeanings

(A) Animal control officer means any person employed by acity county or city and county for the purpose of enforcing animalcontrol laws or regulations

(B) Humane society officer means any person appointed oremployed by a public or private entity as a humane officer who is

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-5- AB 1435

qualified pursuant to Section 14502 or 14503 of the CorporationsCode

(32) A clergy member as specified in subdivision (d) of Section11166 As used in this article clergy member means a priestminister rabbi religious practitioner or similar functionary of achurch temple or recognized denomination or organization

(33) Any custodian of records of a clergy member as specifiedin this section and subdivision (d) of Section 11166

(34) Any employee of any police department county sheriffsdepartment county probation department or county welfaredepartment

(35) An employee or volunteer of a Court Appointed SpecialAdvocate program as defined in Rule 1424 ofthe California Rulesof Court

(36) A custodial officer as defined in Section 8315(37) Any person providing services to a minor child under

Section 12300 or 123001 of the Welfare and Institutions Code(38) An alcohol and drug counselor As used in this article an

alcohol and drug counselor is a person providing counselingtherapy or other clinical services for a state licensed or certifieddrug alcohol or drug and alcohol treatment program Howeveralcohol or drug abuse or both alcohol and drug abuse is not inand of itself a sufficient basis for reporting child abuse or neglect

(39) A clinical counselor trainee as defined in subdivision (g)of Section 499912 of the Business and Professions Code

(40) A clinical counselor intern registered under Section 499942of the Business and Professions Code

(41) An athletic coach athletic administrator or athletic directoremployed by a public or private organization including but notlimited to schools and instittttions of higher e6ueation thatprovidekindergarten or any of grades 1 to 12 inclusive

(b) Except as provided in paragraph (35) of subdivision (a)volunteers of public or private organizations whose duties requiredirect contact with and supervision of children are not mandatedreporters but are encouraged to obtain training in the identificationand reporting of child abuse and neglect and are further encouragedto report known or suspected instances of child abuse or neglectto an agency specified in Section 111659

(c) Employers are strongly encouraged to provide theiremployees who are mandated reporters with training in the duties

95

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101112131415161718192021222324252627282930313233343536373839

AB 1435 -6-

imposed by this article This training shall include training in childabuse and neglect identification and training in child abuse andneglect reporting Whether or not employers provide theiremployees with training in child abuse and neglect identificationand reporting the employers shall provide their employees whoare mandated reporters with the statement required pursuant tosubdivision (a) of Section 111665

(d) School districts that do not train their employees specifiedin subdivision (a) in the duties of mandated reporters under thechild abuse reporting laws shall report to the State Department ofEducation the reasons why this training is not provided

(e) Unless otherwise specifically provided the absence oftraining shall not excuse a mandated reporter from the dutiesimposed by this article

(f) Public and private organizations are encouraged to providetheir volunteers whose duties require direct contact with andsupervision of children with training in the identification andreporting of child abuse and neglect

(g) (1) On 6r befure Jttmtary 1 2014 ttll) pttblie 6r privflie6rganizttti6ftemp16ing ttft Mhletie e6tteh Mhletie ttdmimstrltt6r6r Mhletie direet6r ttSspeeified ift pMttgrttph (41) 6f sttbdivisi6ft(tt) shttll pr6 vide iftitittl trttining f6r th6se empl~ ees 6n thefull6vvingmtttters

(A) The identifiettti6n 6f ehild ttbttse ttnd negleet(D) Aeti vities thttt e6ftstitttte inltppr6prittte ttftd illegttl e6ntttet

betiveen tt 6tlth ltftd ltft ttthietie e6tteh Mhletie ttdmiftistrttt6r 6rttthietie direet6r

(6) The resp6nsibilities 6f tt pers6n identified lIStt mttndfliedrep6rter in this seeti6n ineIttding btl ft6t limited t6 ttll 6f thefull6 vving

(i) T6 ~h6m tt rep6rt is reqtlired t6 be mttde(ii) The inf6rmttti6n thttt is reqttired t6 be ifte1ttdedin tt rep6rt(iii) The time vvithiftvvhieha mandated rep6rter is reqttired t6

file tt rep6rt(2) Initittl training shall be pr6vided b perS6ftSkn6vvledgeltble

ift the identifiettti6n 6fehild aettse ttnd negleet inltppf6prittte ltftdillegal e6ntaet bem eena 6ttth and ltftadttIt ltftdstatttt6ry rep6rtingreqttiremeftts ltftdshttll e6nsist 6ftw6 h6ttrs 6felassr66m 6r 6therinteraetive trainiftg ltftdedttettti6n

95

-7- AB 1435

1 (h) Commeneing on fmd aftel Jfmtlftry12014 fmofgfmization2 speeified in sttbdivision (g) shaHpro ide initial training within six3 months of the date that fm individtutl beeomes empleryed as an4 Mhletie eoaeh athletie administrator or athletie direetor ttnless5 the indi idttal reeei ed training Hithin tw0 years prior to the date6 the indi idtlal is empleryed An Mhletie eoaeh athletie7 administrator or athletie direetor Hho has leeeied initial training8 ptlfStlafttto sttbdiision (g) shall eomplete eontifttling training9 thereafter onee eery two years eonsisting of one hottf of

10 elassroom or other interaeti e training fmd edtteation11 SEC 2 No reimbtlrsement is reqtlired by this aet pttfStlafttto12 Seetion 6 ofArtiele )GIlD of the California Constitution for eertain13 eosts that may be inetllTed by a loeal ageney or sehool distriet14 beeatlse ift that regard this aet ereates a nev erime or infraetion15 eliminates a erime or infraetion or ehfmges the penalty fOfa erime16 or inflaetion Hithin the meaning of Seetion 17556 of the17 Goemment Code or ehanges the definition ofa elime Hithin the18 meaning of Seetion 6 of Aniele XIII D of the Califomia19 Constitution20 IIo~eer if the Commission on State Mfmdates determines that21 this aet eontainsother eosts mfmdated by the state reimbttfsement22 to loeal ageneies fmd sehool distliets for those eosts shall be made23 ptlfStlafttto Part 7 (eommeneing Hith Seetion 17500) of Division24 4 of Title 2 of the Goemment Code25 SEC 2 No reimbursement is required by this act pursuant to26 Section 6 of Article XIII B of the California Constitution because27 the only costs that may be incurred by a local agency or school28 district will be incurred because this act creates a new crime or29 infraction eliminates a crime or infraction or changes thepenalty30 for a crime or infraction within the meaning of Section 17556 of31 the Government Code or changes the definition of a crime within32 the meaning of Section 6 of Article XIII B of the California33 Constitution

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95

AB 1904 Assembly Bill Status

MEASURE AUTHOR(S)TOPIC

HOUSE

CURRENT BILL STATUS

AB No 1904Block Butler and

Professions and vocationslicenses

LOCATION

Cookmilitary spouses temporary

TYPE OF BILL

SEN

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyAppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpub11-12billasmab _1901-1950ab _1904_ bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes Noes OOPASS17

An act to add Section 1155 to the Business andProfessions Code relating to professions and vocationsand making an appropriation therefor

-

AB 1588 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1588AUTHOR(S) Atkins (Principal coauthors Cook and Nielsen)

(Coauthors Block Beth Gaines Pan V Manuel PerezWilliams and Yamada)

TOPIC Professions and vocations reservist licensees fees andcontinuing education

HOUSE LOCATION SEN+LAST AMENDED DATE 03052012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS forLAST

LAST

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

TITLE An act to add Section 1143 to the Business andProfessions Code relating to professions and vocations

htlpllwwwleginfocagovpubll-12Ibillasmlab _1551-1600ab _1588 _bill_20120601_statu 652012

middot

AMENDED IN ASSEMBLY MARCH 5 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1588

Introduced by Assembly Member Atkins(Principal coauthors Assembly Members Cook and Nielsen)

(Coauthors Assembly Members Block Beth Gaines PanV Manuel Perez Williams and Yamada)

February 6 2012

An act to add Section 1143 to the Business and Professions Coderelating to professions and vocations

LEGISLATIVE COUNSELS DIGEST

AB 1588 as amended Atkins Professions and vocations reservistlicensees fees and continuing education

Existing law provides for the regulation of various professions andvocations by boards commissions or bureaus within the Departmentof Consumer Affairs and for the licensure or registration of individualsin that regard Existing law authorizes any licensee whose licenseexpired while he or she was on active duty as a member of the CaliforniaNational Guard or the United States Armed Forces to reinstate his orher license without examination or penalty if certain requirements aremet

This bill would require the boards commissions or bureaus describedabove to waive the renewal fees and continuing education requirementsif either is applicable of any licensee or registrant who is a reservistcalled to active duty as a member of the United States Military Reserveor the California National Guard if certain requirements are met

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

98

AB 1588 -2-

Thepeople of the State of Califomi a do enact asfollows

1 SECTION 1 Section 1143 is added to the Business and2 Professions Code to read3 1143 Notwithstanding any other provision oflaw everyboard4 commission or bureau within the department shall waive the5 renewal fees and continuing education requirements if either is6 applicable for any licensee or registrant who is a reservist called7 to active duty as a member of the United States Military Reserve8 or the California National Guard if all of the following9 requirements are met

10 (a) The licensee or registrant was in good standing with the11 board commission or bureau at the time the reservist was called12 to active duty13 (b) The renewal fees or continuing education requirements are14 waived only for the period during which the reservist is on active15 duty service16 (c) The active duty reservist or the active duty reservists spouse17 or registered domestic partner provides written notice satisfactory18 to the board commission or bureau that substantiates the19 reservists active duty service

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98

AB 1896 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1896AUTHOR(S) ChesbroTOPIC Tribal health programs health care practitionersHOUSE LOCATION SEN+LAST AMENDED DATE 03272012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATIONCOMM ACTION DATECOMM ACTIONCOMM VOTE SUMMARY

ASM

05172012Referred to Com on B P amp EDBUSINESS PROFESSIONS AND CONSUMER PROTECTION04102012

Do passAyes 09 Noes OOPASS

TITLE An act to amend the heading of Article 10 (commencingwith Section 710) of Chapter 1 of Division 2 of and toadd Section 719 to the Business and Professions Coderelating to healing arts

httpwwwleginfocagovpubI11-12lbillasmab_1851-1900ab_1896_bill_20120517 _statu 652012

-

AMENDED IN ASSEMBLY MARCH 27 2012

CALIFORNIA LEGISLATURE-20II-12 REGULAR SESSION

ASSEMBLY BILL No 1896

Introduced by Assembly Member Chesbro

February 222012

An act to amend the heading of Article 10 (commencing with Section710) of Chapter 1 of Division 2 of and to add Section 719 to theBusiness and Professions Code relating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1896 as amended Chesbro Tribal health programs health carepractitioners

Under existing federal law licensed health professionals employedby a tribal health program are required to be exempt if licensed in anystate from the licensing requirements of the state in which the tribalhealth program performs specified services A tribal health program isdefined as an Indian tribe or tribal organization that operates any healthprogram service function activity or facility funded in whole or partby the Indian Health Service

Existing law provides for the licensure and regulation of health carepractitioners by various healing arts boards within the Department ofConsumer Affairs

This bill would codify that federal requirement by specifying that aperson who is licensed as a health care practitioner in any other stateand is employed by a tribal health program is exempt from any statelicensing requirement with respect to acts authorized under thepersonslicense where the tribal health program performs specified services

Vote majority Appropriation no Fiscal committee noState-mandated local program no

98

AD 1896 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 The heading of Article 10 (commencing with2 Section 710) of Chapter 1 of Division 2 of the Business and3 Professions Code is amended to read456789

101112131415161718192021

Article 10 Federal Personnel and Tribal Health Programs

SEC 2 Section 719 is added to the Business and ProfessionsCode to read

719 (a) A person who is licensed as a health care practitionerin any other state and is employed by a tribal health program asdefined in Section 1603 of Title 25 of the United States Code shallbe exempt from any licensing requirement described in this divisionwith respect to acts authorized under the persons license wherethe tribal health program performs the services described in thecontract or compact of the tribal health program under the IndianSelf-Determination and Education Assistance Act (25 USC Sec450 et seq)

(b) For purposes of this section health care practitioner meansany person who engages in acts that are the subject of licensureor regulation under this division or Ml) initiative 8et referred to inthis division the law of any other state

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98

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1904

Introduced by Assembly Members Block Butler and Cook

February 222012

An act to add Section 1155 to the Business and Professions Coderelating to professions and vocations and making an appropriationtherefor

LEGISLATIVE COUNSELS DIGEST

AB 1904 as introduced Block Professions and vocations militaryspouses temporary licenses

Existing law provides for the licensure and regulation of variousprofessions and vocations by boards within the Department of ConsumerAffairs Existing law provides for the issuance of reciprocal licenses incertain fields where the applicant among other requirements has alicense to practice within that field in another jurisdiction as specifiedUnder existing law licensing fees imposed by certain boards withinthe department are deposited in funds that are continuously appropriated

This bill would authorize a board within the department to issue atemporary license to an applicant who among other requirements holdsan equivalent license in another jurisdiction as specified and is marriedto or in a legal union with an active duty member of the Armed Forcesofthe United States who is assigned to a duty station in California underofficial active duty military orders The bill would require a board toexpedite the process for issuing these temporary licenses The bill wouldrequire the applicant to pay any fees required by the board and wouldrequire that those fees be deposited in the fund used by the board toadminister its licensing program To the extent that the bill would

99

AB 1904 -2-

increase the amount of money deposited into a continuously appropriatedfund the bill would make an appropriation

Vote majority Appropriation yes Fiscal committee yesState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 1155 is added to the Business and2 Professions Code to read3 1155 (a) A board within the department may issue a4 temporary license to an applicant who meets all of the following5 requirements6 (l) Submits an application in the manner prescribed by the7 board8 (2) Supplies evidence satisfactory to the board that the applicant9 is married to or in a domestic partnership or other legal union

10 with an active duty member of the Armed Forces of the United11 States who is assigned to a duty station in this state under official12 active duty military orders13 (3) Holds a current license in another state district or territory14 of the United States with the requirements that the board determines15 are substantially equivalent to those established under this code16 for that occupation17 (4) Has not committed an act in anyjurisdiction that would have18 constituted grounds for denial suspension or revocation of the19 license under this code at the time the act was committed20 (5) Has not been disciplined by a licensing entity in another21 jurisdiction and is not the subject of an unresolved complaint22 review procedure or disciplinary proceeding conducted by a23 licensing entity in another jurisdiction24 (6) Pays any fees required by the board Those fees shall be25 deposited in the applicable fund or account used by the board to26 administer its licensing program27 (7) Submits fingerprints and any applicable fingerprinting fee28 in the manner required of an applicant for a regular license29 (b) A board shall expedite the procedure for issuing a temporary30 license pursuant to this section31 (c) A temporary license issued under this section shall be valid32 for 180 days except that the license may at the discretion of the

99

-3- AB 1904

I board be extended for an additional180-day period on application2 of the license holder3 (d) A board may adopt regulations necessary to administer this4 section

o

99

AB 1932 Assembly Bill Status

MEASURE AUTHOR(S)TOPICHOUSE+LAST

CURRENT BILL STATUS

AB No 1932Gorell (Coauthor Cook)

United States armed services healing arts boardsLOCATION SENAMENDED DATE 04172012

TYPE OF BILL

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpubI11-12Ibillasmab_1901-1950ab_1932_bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

An act to add Section 7102 to the Business andProfessions Code relating to healing arts

-

AMENDED IN ASSEMBLY APRIL 172012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1932

Introduced by Assembly Member-Ceek Gorell(Coauthor Assembly Member Cook)

February 222012

An act to add Section 7102 to the Business and Professions Coderelating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1932 as amended euroook Gorell United States armed serviceshealing arts boards

Existing law provides for the licensure and regulation of varioushealing arts professions and vocations by boards within the Departmentof Consumer Affairs Existing law requires the rules and regulations ofthese healing arts boards to provide for methods of evaluating educationtraining and experience obtained in military service if such training isapplicable to the requirements of the particular profession or vocationregulated by the board Under existing law the Department of VeteransAffairs has specified powers and duties relating to various programsserving veterans

This bill would require by January 12014 and annually thereafterevery healing arts board to issue a specified written report to theDepartment of Veterans Affairs and the Legislature as specified thatclearly details the methods of evaluating the education training andexperience obtained in military service and whether that educationtraining and experience is applicable to the boards requirements forlicensure The bill would declare the intent of the Legislature in thisregard

98

AB 1932 -2-

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 710 of the Business and Professions Code2 was enacted in 1969 and because healing arts boards have not3 demonstrated significant compliance with that section it is the4 intent of the Legislature to establish an annual reporting5 requirement to compel these boards to provide information about6 the methods of evaluating education training and experience7 obtained in military service in order to meet the needs of the8 upcoming wave of armed service members returning to civilian9 life

10 SEC 2 Section 7102 is added to the Business and Professions11 Code to read12 7102 (a) By January 12014 and annually thereafter every13 healing arts board described in this division shall issue a written14 report to the Department of Veterans Affairs and to the Legislature15 that clearly details the methods of evaluating the education16 training and experience obtained in military service and whether17 that education training and experience is applicable to the boards18 requirements for licensure This written report shall include but19 not be limited to quantitative information about the number of20 service members who have applied for and have used their military21 education training and experience to fulfill the boards22 requirements for licensure23 (b) (1) The requirement to submit a report to the Legislature24 under subdivision (a) shall be inoperative on January 1 201825 pursuant to Section 102315 of the Government Code26 (2) A report to the Legislature shall be submitted in compliance27 with Section 9795 of the Government Code

o

98

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      • AGENDA ITEM 4
      • DISCUSSION AND POSSIBLE ACTION REGARDING PENDING LEGISLATION
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                  • AB 171 Assembly Bill- Status
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Page 20: DISCUSSION ANDPOSSIBLE ACTION REGARDING PENDING … · 2012-06-14  · Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of2010 (PublicLaw 111-152)

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presented by any of the parties to the case including but not limitedto the following

(1) Whether the defendant has made a reasonable good faithattempt to comply with this part

(2) The nature and seriousness of the misconduct(3) The harm to the patient enrollee or subscriber(4) The number of violations(5) The persistence of the misconduct(6) The length of time over which the misconduct occurred(7) The willfulness of the defendants misconduct(8) The defendants assets liabilities and net worth(e) (1) In an action brought by an individual pursuant to

subdivision (b) on or after January 12012 the court shall awardany actual damages and reasonable attorneys fees and costs butmay not award nominal damages for a violation of this part if thedefendant establishes all of the following as an affirmative defense

(A) The defendant is a covered entity as defined in Section160103 of Title 45 of the Code of Federal Regulations

(B) The defendant has complied with any obligations to notifyall persons entitled to receive notice regarding the release of theinformation or records

(C) The release of confidential information or records was solelyto another covered entity

(D) The defendant took appropriate preventive actions to protectthe confidential information or records against release retentionor use by any person or entity other than the covered entity thatreceived the information or records including but not limited to

(i) Developing and implementing security policies andprocedures

(ii) Designating a security official who is responsible fordeveloping and implementing its security policies and proceduresincluding educating and training the workforce

(iii) Encrypting the information or records and protectingagainst the release or use of the encryption key and passwords ortransmitting the information or records in a manner designed toprovide similar protections against improper disclosures

(E) The defendant took appropriate corrective action after therelease of the confidential records or information and the coveredentity that received the information or records immediatelydestroyed or returned the information or records

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(F) The covered entity that received the confidential informationor records did not retain use or release the information or records

(G) The defendant has not Ifeviettsl) vielateti this IMt ef inthe eettrls tiisefetieft tieslite the Ifief vielatieftbeenfound liablefor a violation of this part within the three years preceding thealleged violation or the court determines that application of theaffirmative defense is found to be compelling and consistent withthe purposes ofthis section to promote reasonable conduct in lightof all the facts

(2) In an action under this subdivision a plaintiff shall beentitled to recover reasonable attorneys fees and costs withoutregard to an award of actual or nominal damages

(3) A defendant shall not be liable for more than one judgmenton the merits for a violation of this subdivision

(f) (1) The civil penalty pursuant to subdivision (c) shall beassessed and recovered in a civil action brought in the name of thepeople of the State of California in any court of competentjurisdiction by any of the following

(A) The Attorney General(B) Any district attorney(C) Any county counsel authorized by agreement with the

district attorney in actions involving violation of a countyordinance

(D) Any city attorney of a city(E) Any city attorney of a city and county having a population

in excess of 750000 with the consent of the district attorney(F) A city prosecutor in any city having a full-time city

prosecutor or with the consent of the district attorney by a cityattorney in any city and county

(G) The Director of the Office of Health Information Integritymay recommend that any person described in subparagraphs (A)to (F) inclusive bring a civil action under this section

(2) If the action is brought by the Attorney General one-halfofthe penalty collected shall be paid to the treasurer of the countyin which the judgment was entered and one-half to the GeneralFund If the action is brought by a district attorney or countycounsel the penalty collected shall be paid to the treasurer of thecounty in which the judgment was entered Except as provided inparagraph (3) if the action is brought by a city attorney or cityprosecutor one-half of the penalty collected shall be paid to the

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1 treasurer of the city in which the judgment was entered and one-half2 to the treasurer of the county in which the judgment was entered3 (3) If the action is brought by a city attorney of a city and4 county the entire amount of the penalty collected shall be paid to5 the treasurer of the city and county in which the judgment was6 entered7 (4) Nothing in this section shall be construed as authorizing8 both an administrative fine and civil penalty for the same violation9 (5) Imposition of a fine or penalty provided for in this section

10 shall not preclude imposition of any other sanctions or remedies11 authorized by law12 (6) Administrative fines or penalties issued pursuant to Section13 128015 of the Health and Safety Code shall offset any other14 administrative fine or civil penalty imposed under this section for15 the same violation16 (g) For purposes of this section knowing and willful shall17 have the same meanings as in Section 7 of the Penal Code18 (h) No person who discloses protected medical information in19 accordance with the provisions of this part shall be subject to the20 penalty provisions of this part

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AB 518 Assembly Bill Status Page I of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPICHOUSE+LAST

AB No 518Wagner

Elder and dependentLOCATION SENAMENDED DATE

adult abuse mandated reporters

03232011

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATION

06062011In committee Hearing postponed by committee

SEN BANKING AND FINANCIAL INSTITUTIONS

TITLE An act to repeal Section 7480 of the Government Codeand to amend Section 156301 of and to amend and repealSections 15633 15634 15640 and 156555 of theWelfare and Institutions Code relating to elder anddependent adult abuse

httpwwwleginfocagovpubll-12Ibillasmab_ 0501-0550ab_518_bill_2011 0615_status 652012

-

AMENDED IN ASSEMBLY MARCH 23 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 518

Introduced by Assembly Member Wagner

February 152011

Aft aet to amend Seetion 156301 of the Welfare and InstittttionsCode relating to elder abtlse An act to repeal Section 7480 of theGovernment Code and to amend Section 156301 of and to amend andrepeal Sections 15633 15634 15640 and 156555 of the Welfare andInstitutions Code relating to elder and dependent adult abuse

LEGISLATIVE COUNSELS DIGEST

AB 518 as amended Wagner Elder and dependent adult abusemandated reporters

Existing law the Elder Abuse and Dependent Adult Civil ProtectionAct establishes procedures for the reporting investigation andprosecution of elder and dependent adult abuse including but notlimited to financial abuse as defined These procedures require personsdefined as mandated reporters to report known or suspected instancesof elder or dependent adult abuse A violation of the reportingrequirements by a mandated reporter is a misdemeanor Existing lawwhich will be repealed on January 12013 defines who is a mandatedreporter of suspected financial abuse of an elder or dependent adult Aviolation ofthe financial abuse reporting requirements is subject to civilpenalties

This bill would delete the January 1 2013 repeal date and makeconforming changes

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

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The people of the State of California do enact asfollows

1 SECTION 1 Section 7480 of the Government Code as2 amended by Section 2 of Chapter 234 of the Statutes of 2008 is3 repealed4 7480 Nothing in this ehapter prohibits an) of the following

(a) The dissemination of an) finaneial information that is not6 identified with or identifiable as being deri ved from the fiftMleial7 reeords of a partietllar etlstomer8 (b) When any poliee or sheriffs department or distriet attorney9 in this state eertines to a bank eredit tlftion or savin-gsassoeiation

in 4vritingthat a erime report has been filed that involves the11 alleged fratldttlent tlse of drafts eheeks or other orders drawfl12 tlJon MtY bank eredit tlftion or Sltv ings assoeiation in this state13 the poliee or sheriffs department or distriet attomey a eotlnty14 adttlt proteeti-ve sen iees oftiee 4vhen investigating the finaneial

abttse of an elder or dependent adttlt or a long term eare16 ombttdsman when investigating the finaneial abttse of an elder or17 dependent adttlt rna reqtlest a bank eredit tlftion or savings18 assoeiation to fttmish and a bank eredit tlftion or savings19 assoeiation shall fttmish a statement setting forth the folIowing

information with respeet to a etlstomer aeeotlnt speeified b) the21 reqttesting parry for a period 30 da s prior to and tlJ to 30 da) s22 following the date ofoeetnTenee of the alleged illegal aet invohin-g23 the aeeotlftt24 (1) The Itttftlber of items dishonored

(2) The nttmber of items paid that ereated Oierdrafts26 (3) The dollar volttme of the dishonored items and items paid27 whieh ereated overdrafts and a statement explaining an) eredit28 atTangementbetween the bank eredit tlftion or savin-gsassoeiation29 and etlstomer to pa) 0verdrafts

(4) The dates and amotlnts of deposits and debits and the aeeotlftt31 balanee on these dates32 (5) A eoJry of the signattlre eard inelttding the signattlre and33 an) addresses appearing on a etlstomers signattlre eard34 (6) The date the aeeottnt opened and ifapplieable the date the

aeeotlnt elosed36 (7) A bank eredit tlftion or saTvingsassoeiation that proiides37 the reqtlesting part) vvith eopies of one or more eomplete aeeottnt

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the taxpa er (2) the (iireet deposit refund bullbullas not rettlmed to theFranehise Tax Board and (3) the remnd TnaSdeposited direetlyon a speeifled date into the aeeotlftt of an aeeotmtholder of theflnaneial instittttion bullbullho bullbullas not entitled to reeei v e the refttndthen the flnaneial instittttion shall fttntish to the Franehise TaxBoard the name and address ofan eoo w ner eosigtter or an otherperson bullbullho had aeeess to the mnds in the aeeotlttt follo bullbulling thedate ofdiIeet deposit refund or if the aeeotmt has been dosed thename and address of the person bullbullho dosed the aeeOtlftt

(s) This seetion shall beeome operati v e on Jaftttary 1 2013SECTION 1SEC 2 Section 156301 of the Welfare and Institutions Code

is amended to read156301 (a) As used in this section mandated reporter of

suspected financial abuse of an elder or dependent adult meansall officers and employees of financial institutions

(b) As used in this section the term financial institution meansany of the following

(l) A depository institution as defined in Section 3(c) of theFederal Deposit Insurance Act (12 USC Sec 1813(c))

(2) An institution-affiliated party as defined in Section 3(u) ofthe Federal Deposit Insurance Act (12 USC Sec 1813(u))

(3) A federal credit union or state credit union as defined inSection 101 ofthe Federal Credit Union Act (12 USC Sec 1752)including but not limited to an institution-affiliated party of acredit union as defined in Section 206(r) of the Federal CreditUnion Act (12 USc Sec 1786(r))

(c) As used in this section financial abuse has the samemeaning as in Section 1561030

(d) (l) Any mandated reporter of suspected financial abuse ofan elder or dependent adult who has direct contact with the elderor dependent adult or who reviews or approves the elder ordependent adults financial documents records or transactionsin connection with providing financial services with respect to anelder or dependent adult and who within the scope of his or heremployment or professional practice has observed or hasknowledge of an incident that is directly related to the transactionor matter that is within that scope of employment or professionalpractice that reasonably appears to be financial abuse or whoreasonably suspects that abuse based solely on the information

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before him or her at the time of reviewing or approving thedocument record or transaction in the case of mandated reporterswho do not have direct contact with the elder or dependent adultshall report the known or suspected instance of financial abuse bytelephone immediately or as soon as practicably possible and bywritten report sent within two working days to the local adultprotective services agency or the local law enforcement agency

(2) When two or more mandated reporters jointly haveknowledge or reasonably suspect that financial abuse of an elderor a dependent adult for which the report is mandated has occurredand when there is an agreement among them the telephone reportmay be made by a member of the reporting team who is selectedby mutual agreement A single report may be made and signed bythe selected member of the reporting team Any member of theteam who has knowledge that the member designated to report hasfailed to do so shall thereafter make that report

(3) If the mandated reporter knows that the elder or dependentadult resides in a long-term care facility as defined in Section1561047 the report shall be made to the local ombudsman or locallaw enforcement agency

(e) An allegation by the elder or dependent adult or any otherperson that financial abuse has occurred is not sufficient to triggerthe reporting requirement under this section if both of the followingconditions are met

(1) The mandated reporter of suspected financial abuse of anelder or dependent adult is aware of no other corroborating orindependent evidence of the alleged financial abuse of an elder ordependent adult The mandated reporter of suspected financialabuse of an elder or dependent adult is not required to investigateany accusations

(2) In the exercise of his or her professional judgment themandated reporter of suspected financial abuse of an elder ordependent adult reasonably believes that financial abuse of anelder or dependent adult did not occur

(f) Failure to report financial abuse under this section shall besubject to a civil penalty not exceeding one thousand dollars($1000) or if the failure to report is willful a civil penalty notexceeding five thousand dollars ($5000) which shall be paid bythe financial institution that is the employer of the mandated

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reporter to the party bringing the action Subdivision (h) of Section15630 shall not apply to violations of this section

(g) (1) The civil penalty provided for in subdivision (f) shallbe recovered only in a civil action brought against the financialinstitution by the Attorney General district attorney or countycounsel No action shall be brought under this section by anyperson other than the Attorney General district attorney or countycounsel Multiple actions for the civil penalty may not be broughtfor the same violation

(2) Nothing in the Financial Elder Abuse Reporting Act of2005shall be construed to limit expand or otherwise modify any civilliability or remedy that may exist under this or any other law

(h) As used in this section suspected financial abuse of anelder or dependent adult occurs when a person who is requiredto report under subdivision (a) observes or has knowledge ofbehavior or unusual circumstances or transactions or a pattern ofbehavior or unusual circumstances or transactions that would leadan individual with like training or experience based on the samefacts to form a reasonable belief that an elder or dependent adultis the victim of financial abuse as defined in Section 1561030

(i) Reports of suspected financial abuse of an elder or dependentadult made by an employee or officer of a financial institutionpursuant to this section are covered under subdivision (b) of Section47 of the Civil Code

SEC 3 Section 15633 of the Welfare and Institutions Codeas amended by Section 5 of Chapter 140 of the Statutes of 2005is amended to read

15633 (a) The reports made pursuant to Sections 15630156301 and 15631 shall be confidential and may be disclosedonly as provided in subdivision (b) Any violation of theconfidentiality required by this chapter is a misdemeanorpunishable by not more than six months in the county jail by afine of five hundred dollars ($500) or by both that fine andimprisonment

(b) Reports of suspected abuse of an elder or dependent adultand information contained therein may be disclosed only to thefollowing

(1) Persons or agencies to whom disclosure of information orthe identity of the reporting party is permitted under Section156335

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(2) (A) Persons who are trained and qualified to serve onmultidisciplinary personnel teams may disclose to one anotherinformation and records that are relevant to the preventionidentification or treatment of abuse of elderly or dependentpersons

(B) Except as provided in subparagraph (A) any personnel ofthe multidisciplinary team or agency that receives informationpursuant to this chapter shall be under the same obligations andsubject to the same confidentiality penalties as the persondisclosing or providing that information The information obtainedshall be maintained in a manner that ensures the maximumprotection of privacy and confidentiality rights

(c) This section shall not be construed to allow disclosure ofany reports or records relevant to the reports of abuse of an elderor dependent adult if the disclosure would be prohibited by anyother provisions of state or federal law applicable to the reports orrecords relevant to the reports of the abuse nor shall it be construedto prohibit the disclosure by a financial institution of any reportsor records relevant to the reports of abuse of an elder or dependentadult if the disclosure would be required of a financial institutionby otherwise applicable state or federal law or court order

(d) This seetion shall remain in dIcet on) tmtilJantmry I 2813and as of that date is repealed unless a later enaeted statute thatis enaeted before JMlt1ary12813 deletes or extends that date

SEC 4 Section 15633 of the Welfare and Institutions Codeas added by Section 6 of Chapter 140 of the Statutes of 2005 isrepealed

15633 (a) The leports made ptlrstlMlt to Seetions 15638 and15631 shall be eonndential and may be diselosed on) as pro videdin stlbdivision (b) AIl) violation of the eonfidetttialrt reqtliredbythis ehapter is a misdemeanor ptlnishable bynot more than sixmoftths in the eounry jail b)l a nne ofn Vehundred dollars ($588)or byboth that nne and imprisonment

(b) Reports of stlspeeted elder 01 dependent adttlt abttse andinfenmation eontained therein may be diselosed only to thefollo vving

(1) Persons or ageneies to vvhomdiselostlfe of information orthe identity of the reporting pMty is permitted tlnder Seetion156335

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(2) EA) Persems who Me trftined Md qtlftlified to sene onmtlltidiseiplinftfjf persoflftel teftll1smfty diselose to one Mlotherinfermtttion Md reeords thftt Me relevflnt to the preventionidentifiefttion or trefttment of ftbttse of elderly or dependentpersons

EB) Exeept ftSpro vided in SMpMftgrftph EA) Mly personnel ofthe ftltlltidiseiplinftry teftftl or ftgeney thftt reeeives informfttionptlrstlftnt to this ehflPtel shftH he tinder the sftme ohligfttions ftndsttbjeet to the sftme eonfidentiftlity penftlties ftS the pelsondisdosing or pro viding thftt infermfttion The informfttion ohtftinedshftH he mftintftined in ft ftlftflfter thftt enstlfes the ftlftXimttmproteetion ofprivftey ftnd eonfidentiftlity rights

Ee) This seetion shftH not he eonstftled to ftHo diselostlfe ofMy reports or reeords rde vMit to the reports of elder or dependentftdttlt ftbttse if the disdostlfe votlld he prohibited hy My other110visions of stftte or federftllft bullbull ftppliefthle to the reports or reeordsrele vftnt to the reports of the flbttse

Ed) This seetion shftH heeome operftti ve on Jftntlftry I 2013SEC 5 Section 15634 of the Welfare and Institutions Code

as amended by Section 7 of Chapter 140 of the Statutes of 2005is amended to read

15634 (a) No care custodian clergy member healthpractitioner mandated reporter of suspected financial abuse of anelder or dependent adult or employee of an adult protectiveservices agency or a local law enforcement agency who reports aknown or suspected instance of abuse of an elder or dependentadult shall be civilly or criminally liable for any report requiredor authorized by this article Any other person reporting a knownor suspected instance of abuse of an elder or dependent adult shallnot incur civil or criminal liability as a result of any reportauthorized by this article unless it can be proven that a false reportwas made and the person knew that the report was false No personrequired to make a report pursuant to this article or any persontaking photographs at his or her discretion shall incur any civil orcriminal liability for taking photographs of a suspected victim ofabuse of an elder or dependent adult or causing photographs to betaken of such a suspected victim or for disseminating thephotographs with the reports required by this article Howeverthis section shall not be construed to grant immunity from thisliability with respect to any other use of the photographs

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(b) No care custodian clergy member health practitionermandated reporter of suspected financial abuse of an elder ordependent adult or employee of an adult protective services agencyor a local law enforcement agency who pursuant to a request froman adult protective services agency or a local law enforcementagency investigating a report of known or suspected abuse of anelder or dependent adult provides the requesting agency withaccess to the victim of a known or suspected instance of abuse ofan elder or dependent adult shall incur civil or criminal liabilityas a result of providing that access

(c) The Legislature finds that even though it has providedimmunity from liability to persons required to report abuse of anelder or dependent adult immunity does not eliminate thepossibility that actions may be brought against those persons basedupon required reports of abuse In order to further limit the financialhardship that those persons may incur as a result of fulfilling theirlegal responsibilities it is necessary that they not be unfairlyburdened by legal fees incurred in defending those actionsTherefore a care custodian clergy member health practitioneror an employee of an adult protective services agency or a locallaw enforcement agency may present to the StMe B6Md 6pound C6ntr61California Victim Compensation and Government Claims Boarda claim for reasonable fttt6meys attorneys fees incurred in anyaction against that person on the basis of making a report requiredor authorized by this article if the court has dismissed the actionupon a demurrer or motion for summary judgment made by thatperson or if he or she prevails in the action The StMe B6ftrd 6fC6ntr61 California Victim Compensation and Government ClaimsBoard shall allow that claim if the requirements ofthis subdivisionare met and the claim shall be paid from an appropriation to bemade for that purpose Att6mey s Attorneys fees awarded pursuantto this section shall not exceed an hourly rate greater than the ratecharged by the Attorney General at the time the award is madeand shall not exceed an aggregate amount of fifty thousand dollars($50000) This subdivision shall not apply if a public entity hasprovided for the defense of the action pursuant to Section 995 ofthe Government Code

(d) This seeti6n shftll remftin in dfeet 6ttly tmtil J8fttlfll)1 2013ftnd ftS6pound thftt dMe is repeftled wIess ft IMer enfteted stMute thMis en8eted before Jftftt18ry12013 deletes 6r extends thM dMe

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SEC 6 Section 15634 of the Welfare and Institutions Codeas amended by Section 711 ojChapter 538 of the Statutes oj2006is repealed

15634 eft) No eMe etlstodimt ele~ member hea-lthpraetitioner or employee of an adttlt proteeti-ve serviees ageneyor a loeal larn enforeement ageney who reports a lrnown orsttspeeted instanee of elder or dependent adtllt abtlse shaHbe eiviHyor eriminalry liable for any report reqttired or attthorizedby thisartiele Any other peIson reporting a lrnOWfior stlspeeted instaneeof elder or dependeItt adttIt abtlse shall not inettr ei vil or eriminalliability as a restllt of any report attthorizedby this artiele ttnlessit ean be pro ven that a false report was made and the person knewthat the report vvasrelse gteJoperson reqtlired to make a reportptlrstlant to this artiele or any person taking photographs at his orher diseretion shall inettr any eivii or eriminalliability fer takingphotographs of a stlspeeted vietim of elder or dependent adtlltabtlse or eattsing photographs to be taken of the stlspeeted vietimor fOIdisseminating the photographs with the reports reqtlired bythis artiele However this seetion shall not be eonstmed to gIantimmttnity from this liability vvithrespeet to any other tlse of thephotographs

(b) No eMe etlstodian el~ member health praetitioner oremployee of an adtlIt proteetive seniees ageney or a loea-l lawenfereemeItt ageney who pttrsttant to a reqtlest from an adttltproteeti-ie seniees ageney or a loeal lavI enforeemeItt ageneyinvestigating a report of lrnOViftor stlspeeted elder or dependentadtllt abtlse proides the reqtlesting ageney with aeeess to thevietim of a lrnovvnor stlspeeted instanee of elder or dependeIttadttlt abtlse shall inettr eiviI or eriminal liability as a restlIt ofpro viding that aeeess

ee) The Legislatttre finds that even thOtlgh it has pIOvidedimmtlnity from liability to peIsons reqtlired to report elder ordependent mit abttse immtlIlity does not eliminate the possibilitythat aetions may be brotlght agamst those persons based tlJ0nreqtlired reports of abtlse In order to fttrther limit the finaneialhardship that those persons may inettr as a resttIt offttlfilling theirlegal responsibilities it is neeessary that they not be tlftreirlybttrdened by legal fees inetlffed in defending those aetionsTherefore a eMeetlstodian ele~ member health praetitioneror employee ofan adttlt proteetive seniees ageney or a loeallffi7t

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enfOieement agene)l ma) present to the CalifeJmia VietimCempensatien and Geemment Claims BeMd a elaim feJrreasenable atteme)s fees inetJifedin any aetien agffinstthat persenen the basis efmMcinga repert reqtlired er attth6rizedb)l this Mtieleif the eeM has dismissed the aetien t1pen a demtlffer el metienfur sttmillM)lj tldgment made b that persen el ifhe er she preailsin the aetien The Califumia Vietim Cempensatien andGeemment Claims Beard shall allew that ehtim if thereqtlirements ef this sttbdi isien Me met and the elaim shall bepaid fl6man fllprepriatien te be made fur that ptllpese Atteme) sfees aarded ptliStlMltto this seetien shall net exeeedan hetlilyrate greater than the late eharged b the Attemey General at thetime the aard is made and sh8llnet exeeedan aggregate amettllteffitty thetlsanBdellMs ($50000) This sttbdF isien shall net applyif a pttblie enti) has pmbullided fer the defense ef the aetien ptlistlantte Seetien 995 ef the Ge emment Cede

(6) This seetien shall beeeme eperatie en JMttlM)12013SEC 7 Section 15640 of the Welfare and Institutions Code

as amended by Section 9 of Chapter 140 of the Statutes of2005is amended to read

15640 (a) (1) An adult protective services agency shallimmediately or as soon as practically possible report by telephoneto the law enforcement agency having jurisdiction over the caseany known or suspected instance of criminal activity and to anypublic agency given responsibility for investigation in thatjurisdiction of cases of elder and dependent adult abuse everyknown or suspected instance of abuse pursuant to Section 15630or 156301 of an elder or dependent adult A county adult protectiveservices agency shall also send a written report thereof within twoworking days of receiving the information concerning the incidentto each agency to which it is required to make a telephone reportunder this subdivision Prior to making any cross-report ofallegations of financial abuse to law enforcement agencies anadult protective services agency shall first determine whether thereis reasonable suspicion of any criminal activity

(2) If an adult protective services agency receives a report ofabuse alleged to have occurred in a long-term care facility thatadult protective services agency shall immediately inform theperson making the report that he or she is required to make thereport to the long-term care ombudsman program or to a local law

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enforcement agency The adult protective services agency shallnot accept the report by telephone but shall forward any writtenreport received to the long-term care ombudsman

(b) If an adult protective services agency or local lawenforcement agency or ombudsman program receiving a report ofknown or suspected elder or dependent adult abuse determinespursuant to its investigation that the abuse is being committed bya health practitioner licensed under Division 2 (commencing withSection 500) of the Business and Professions Code or any relatedinitiative act or by a person purporting to be a licensee the adultprotective services agency or local law enforcement agency orombudsman program shall immediately or as soon as practicallypossible report this information to the appropriate licensingagency The licensing agency shall investigate the report in lightof the potential for physical harm The transmittal of informationto the appropriate licensing agency shall not relieve the adultprotective services agency or local law enforcement agency orombudsman program of the responsibility to continue its owninvestigation as required under applicable provisions of law Theinformation reported pursuant to this paragraph shall remainconfidential and shall not be disclosed

(c) A local law enforcement agency shall immediately or assoon as practically possible report by telephone to the long-termcare ombudsman program when the abuse is alleged to haveoccurred in a long-term care facility or to the county adultprotective services agency when it is alleged to have occurredanywhere else and to the agency given responsibility for theinvestigation of cases of elder and dependent adult abuse everyknown or suspected instance of abuse of an elder or dependentadult A local law enforcement agency shall also send a writtenreport thereof within two working days of receiving the informationconcerning the incident to any agency to which it is required tomake a telephone report under this subdivision

(d) A long-term care ombudsman coordinator may report theinstance of abuse to the county adult protective services agencyor to the local law enforcement agency for assistance in theinvestigation of the abuse if the victim gives his or her consent Along-term care ombudsman program and the Licensing andCertification Division ofthe State Department ofIIealth SeI ieesPublic Health shall immediately report by telephone and in writing

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AB518 -20-

1 within two working days to the bureau any instance of neglect2 occurring in a health care facility that has seriously harmed any3 patient or reasonably appears to present a serious threat to the4 health or physical well-being of a patient in that facility If a victim5 or potential victim of the neglect withholds consent to being6 identified in that report the report shall contain circumstantial7 information about the neglect but shall not identify that victim or8 potential victim and the bureau and the reporting agency shall9 maintain the confidentiality of the report until the report becomes

lOa matter of public record11 (e) When a county adult protective services agency a long-term12 care ombudsman program or a local law enforcement agency13 receives a report of abuse neglect or abandonment of an elder or14 dependent adult alleged to have occurred in a long-term care15 facility that county adult protective services agency long-term16 care ombudsman coordinator or local law enforcement agency17 shall report the incident to the licensing agency by telephone as18 soon as possible19 (f) County adult protective services agencies long-term care20 ombudsman programs and local law enforcement agencies shall21 report the results of their investigations of referrals or reports of22 abuse to the respective referring or reporting agencies23 Eg) This seeti6n shall remain in dIcet 6ny tlfttilJ~ 1201324 and as 6f that date is repealed unless a later enaeted stMttte that25 is enaeted bef6re Janttary 12013 deletes 6r extends that date26 SEC 8 Section 15640 of the Welfare and Institutions Code27 as added by Section 10 of Chapter 140 of the Statutes of 2005 is28 repealed 29 15640 Ea) E1) An adult pr6teeti e sen iees ageney shall30 immediate) 6r as S66nas praetieal) p6ssible rep6rt 0 te1eph6ne31 t6 the la~ enf6reement ageney haing jttrisdieti6n 6er the ease32 an kntMfl6r suspeeted instanee 6f eriminal aeth it) and t6 any33 pttblie agene gien resp6nsibilit) f6r illestigMi6n in that34 jurisdieti6n 6f eases 6f elder and dependent adttlt abuse eery35 kfl6n6r suspeeted instanee 6f aetlse purstlant t6 Seeti6n 1563036 6f an elder 6r dependent adttlt A e6t11ltyadttlt pr6teeti e sen iees37 ageney shall als6 send a TV ritten rep6rt there6f Vv ithin ti 6 V 6rking38 days 6f reeeiving the inwrmati6n e6neeming the ineident t6 eaeh39 ageney t6 vv hieh it is reqtlired t6 make a teleph6ne Iep6rt tlftder40 this subdiisi6n Pri6r t6 making an er6SSIep6rt 6f allegati6ns

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-21- AB518

offilumeial abttse to lavvenforeemertt a-geneiesMladult proteetFesen iees agene) shaH first determine whether there is reasonablesuspieion of tmJ eriminM aeti vit

(2) If an adult proteeti ve sen iees agene) reeei ves a report ofabttse alleged to ha ve oeettlTed in a long teml eare faeilit) thatadttlt proteeti ve sen iees ageney shall immediate) infoml theperson making the report that he or she is required to make thereport to the long term eare ombttdsman program 01 to aloeallawenforeemertt a-geneyThe adttlt proteeti ve sen iees agene) shallnot aeeept the report b) telephone btlt shall fonvMd flit) vvTittenreport leeehed to the long teml eare ornbtldsman

(b) If an adtllt proteetive seniees ageney or loeal lawenforeement agene) or ornbtldsman program reeei vinga report ofkftovm or stlspeeted elder or dependent adttlt MtlSe determinespttrstlartt to its inYestigationthat the flbttseis being eommitted bya health 11aetitioner lieensed tlftder Division 2 (eonJffieneingwithSeetion 500) of the Btlsiness flftdProfessions Code or flit) lelatedinitiatiye aet or by a person ptlrporting to be a lieensee the adtlltproteetive seniees a-gene) or loeallaw enforeement agene) orombttdsman program shall immediate) or as soon as praetieall)possible report this mformation to the appropriate lieensingagene) The lieensing agene) shall investigate the report in lightof the poterttial fur ph) sieal hamlThe trMlsmittfllof informationto the appropriate lieensing agene) shall not relieve the adtlltproteethe serviees agene) or loeallaw enforeement agene) orornbtldsmflft program of the responsibility to eorttinue its 0~vninvestigation as reqttired tlftder applieable provisions of law Theinformation reported pttrstlant to this paragraph shall remaineoniiderttial flItdshfl11not be diselosed

(e) A loealla bullbull enforeement agefte) shall immediate) or assoon as praetieal) possible report b) telephone to the long termeare ombtldsman program bullbullhen the abtlse is alleged to haveoeetllTed in a long term eare faeilit) or to the eotlnt) adttltproteetive seniees agene) bullbullhen it is alleged to have oeeUlfedan) vvhere else flftd to the agene) gh en responsibilit) for theinvestigation of eases of elder and dependent adttlt abtlse everykftovm or stlspeeted instflftee of MtlSe of an elder or dependerttadttlt A loeallaw enforeement ageney shall also send a Ylfittenreport thereof bullbullithin ftv0 vvorking dfl)s ofreeei ving the infomlation

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AB518 -22-

eoneeming the ineident to an agenC) to vvhieh it is reqtlired toftutke a telephone report tlIlderthis stlbdh ision

Ed) A long tenn eare ombttdsman eoordinator mll) report theinstlllleeof abtlse to the eot1llryadttlt proteetive seniees ageneyor to the loeal la bullbull enforeement agenC) for assistlllleein theinvestigationof the abttse if the vietim gives his or her eonsent Along tenn eMe ombtldsmllllprogram llIldthe Lieensing llIldCertifieation Division of the State DepMtment ofIIealth Senieesshall immediately report b telephone llIldin vvriting vvithin hiv0tv orkingdll) s to the bm eatl an instlllleeof negleet oeet1ffingin ahealth eare faeiliry that has seriotlsl hMmed an patient orreasonably appeMs to present a seriotls threat to the health orph sieal vvell being of a patient in that ffteiliry If a J ietim orpotential TV ietim of the neglect vithholds eonsent to being identifiedin that report the report shall eontain eirettmstlllltialinformationabom the negleet bm shall not identif) that vietim or potentialvietim and the bttreatl llIldthe reporting agenC) shall maintain theeoniidentialiry of the report tlntil the report beeomes a matter ofptlblie reeord

Ee) hen a eotlllryadttlt proteeti ve sen iees agenC) a long termeare ombtldsman program or a loeal la enforeement ageneyreeeives a report ofabttse negleet or ablllldonmentofllllelder ordependent adttlt alleged to have oeet1ffedin a long term earefaeiliry that eotlnty adtllt proteeti ve sen iees agenC) long termeare ombtldsmlllleoordinator or loeallavv enforeement ageneyshall report the ineident to the lieensing agene b telephone assoon as possible

ED COtl1lt)adtllt proteetive seniees ageneies long term eareombttdsman programs and 10ea1lavvenforeement ageneies shallreport the restllts of their investigations of referrals or reports ofabtlse to the respeetive referring or reporting ageneies

Eg) This seetion shall beeome operative on JllIlt1flry12013SEC 9 Section 156555 of the Welfare and Institutions Code

as amended by Section 11 of Chapter 140 of the Statutes of 2005is amended to read

156555 A county adult protective services agency shallprovide the organizations listed in paragraphs (v) (w) and (x) ofSection 1561017 and mandated reporters of suspected financialabuse of an elder or dependent adult pursuant to Section 156301with instructional materials regarding abuse and neglect of an elder

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1 or dependent adult and their obligation to report under this chapter2 At a minimum the instructional materials shall include the3 following4 (a) An explanation of abuse and neglect of an elder or dependent

adult as defined in this chapter6 (b) Information on how to recognize potential abuse and neglect7 of an elder or dependent adult8 (c) Information on how the county adult protective services9 agency investigates reports of known or suspected abuse and

neglect11 (d) Instructions on how to report known or suspected incidents12 of abuse and neglect including the appropriate telephone numbers13 to call and what types of information would assist the county adult14 protective services agency with its investigation of the report

(e) This seetion shall remain in eifcet only tlfttil Jflfttlttry 1 201316 and as of that date is repealed tmless a later enaeted stattlte that17 is enaeted before Jafttlttry 12013 deletes or extends that date18 SEC 10 Section 156555 of the Welfareand Institutions Code19 as amended by Section 712 of Chapter 538 of the Statutes of2006

is repealed21 156555 A eottftt) achtlt proteetive serviees agene) shall22 pmvide the organi2ations listed in paragraphs (v) (vv) and Ex) of23 Seetion 1561017 with instItletional materials regarding elder and24 dependent achtlt abtlse and negleet and their obligation to report

under this ehapter At a minimum the instruetional materials shall26 inelude the follovving27 (a) An explanation of elder and dependent achtlt abuse and28 negleet as defined in this ehapter29 (b) Information on how to reeogni2e potential elder and

dependent achtlt abuse and negleet31 (e) Information on ho vIthe eottftt) achtlt proteeti ve serv iees32 agene) investigates reports of knovm or suspeeted abuse and33 negleet34 (d) Instmetions on hovv to report ]movvn or suspeeted ineidents

of abuse and negleet ineltlding the appropriate telephone llt11llbers36 to eall and what rypes of information vvould assist the eount) adult37 proteetirv e sen iees agene) with its in (estigation of the report38 (e) This seetion shall beeome operati e on January I 20 13

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AB 608 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 608Pan

Health care coverage telemedicine

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to health care

httpwww1eginfocagovpubII-12Ibillasmab_0601-0650ab _608_ bill_ 20120201_status 652012

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AB 783 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 783AUTHOR(S) HayashiTOPIC Professional corporations licensed physical therapists

and occupational therapists+LAST AMENDED DATE 04072011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

COMMCOMMCOMM

HIST ACT DATEHIST ACTION

From committeeRule 62(a)

LOCATION SENACTION DATEACTION

06282011In committee Set second hearing Failed passagewithout further action pursuant to Joint

LASTLAST

BUSINESS PROFESSIONS AND ECONOMIC DEVELOPMENT06272011

Set second hearing Failed passage in Committee

TITLE An act to amend Section 2406 of the Business andProfessions Code and to amend Section 134015 of theCorporations Code relating to professional corporations

httpwwwleginfocagovpub11-12billasmab_0751-0800ab_783_bill_20111115_status 652012

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AMENDED IN ASSEMBLY APRIL 7 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 783

Introduced by Assembly Member Hayashi

February 172011

An act to amend Section 2406 of the Business and Professions Codeand to amend Section 134015 of the Corporations Code relating toprofcssiemal eorporations and deelaring the mgeney thereof to tttkeeffeet immediatelyprofessional corporations

LEGISLATIVE COUNSELS DIGEST

AB 783 as amended Hayashi Professional corporations licensedphysical therapists and occupational therapists

Existing law regulating professional corporations provides that certainhealing arts practitioners may be shareholders officers directors orprofessional employees of a medical corporation-er-a podiatric medicalcorporation or a chiropractic corporation subject to certain limitations

This bill would add licensed physical therapists and licensedoccupational therapists to the list of healing arts practitioners who maybe shareholders officers directors or professional employees of thosecorporations The bill would also make conforming changes to a relatedprovision

This bill vv otlld deelare that it is to take etteet immediately as anmgeney statttte

Vote -majority Appropriation no Fiscal committee noState-mandated local program no

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AB783 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 2406 of the Business and Professions2 Code is amended to read3 2406 A medical corporation or podiatry corporation is a4 corporation that is authorized to render professional services as

defined in Sections 13401 and 134015 ofthe Corporations Code6 so long as that corporation and its shareholders officers directors7 and employees rendering professional services who are physicians8 and surgeons psychologists registered nurses optometrists9 podiatrists chiropractors acupuncturists naturopathic doctors

physical therapists or in the case of a medical corporation only11 physician assistants marriage and family therapists or clinical12 social workers are in compliance with the Moscone-Knox13 Professional Corporation Act the provisions of this article and all14 other statutes and regulations now or hereafter enacted or adopted

pertaining to the corporation and the conduct of its affairs16 With respect to a medical corporation or podiatry corporation17 the governmental agency referred to in the Moscone-Knox18 Professional Corporation Act is the board19 SEC 2 Section 134015 of the Corporations Code is amended

to read21 134015 Notwithstanding subdivision (d) of Section 1340122 and any other provision of law the following licensed persons23 may be shareholders officers directors or professional employees24 of the professional corporations designated in this section so long

as the sum of all shares owned by those licensed persons does not26 exceed 49 percent ofthe total number of shares of the professional27 corporation so designated herein and so long as the number of28 those licensed persons owning shares in the professional29 corporation so designated herein does not exceed the number of

persons licensed by the governmental agency regulating the31 designated professional corporation32 (a) Medical corporation33 (1) Licensed doctors of podiatric medicine34 (2) Licensed psychologists

(3) Registered nurses36 (4) Licensed optometrists37 (5) Licensed marriage and family therapists38 (6) Licensed clinical social workers

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-3-

(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists(10) Naturopathic doctors(11) Licensed physical therapists(12)Licensed occupational therapists(b) Podiatric medical corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed optometrists(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(8) Licensed physical therapists(9) Licensed occupational therapists(c) Psychological corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Registered nurses(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed chiropractors(8) Licensed acupuncturists(9) Naturopathic doctors(d) Speech-language pathology corporation(1) Licensed audiologists(e) Audiology corporation(1) Licensed speech-language pathologists(t) Nursing corporation(l) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists

AB783

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AB783 -4-

(10) Naturopathic doctors(g) Marriage and family therapy corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed clinical social workers(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(h) Licensed clinical social worker corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed marriage and family therapists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(i) Physician assistants corporation(1) Licensed physicians and surgeons(2) Registered nurses(3) Licensed acupuncturists(4) Naturopathic doctorsG) Optometric corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(k) Chiropractic corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed acupuncturists(9) Naturopathic doctors

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-5- AB783

(10) Licensed physical therapists(11) Licensed occupational therapists(l) Acupuncture corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed physician assistants(9) Licensed chiropractors(10) Naturopathic doctors(m) Naturopathic doctor corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed physician assistants(5) Licensed chiropractors(6) Licensed acupuncturists(7) Licensed physical therapists(8) Licensed doctors of podiatric medicine(9) Licensed marriage family and child counselors(10) Licensed clinical social workers(11) Licensed optometrists(n) Dental corporation(1) Licensed physicians and surgeons(2) Dental assistants(3) Registered dental assistants(4) Registered dental assistants in extended functions(5) Registered dental hygienists(6) Registered dental hygienists in extended functions(7) Registered dental hygienists in alternative practiceSEC 3 This aet is Ml ttrgene statttte neeessary for the

immediatepresenation of the ptlblie peaee hettlihor saferyvvithinthe meMling of Miele IV of the Constittttion Mld shaHgo intoimmediate effeet The fftets eonstitttting the neeessiry Me

In order to 8t1thorizelieensed physieal therapists to beshareholders offieers mreetors or professional employees of

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1 memeal eorpofatiofts andpodiatrie medieal eorpofatiofts as soOft2 as possible it is fteeessary that this aet tftke dIeet immediately

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AB 800 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 800Huber

Boards and commissions time reporting

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to add Section 1156410 to the Government Coderelating to boards and commissions

httpwwwleginfocagovpubI11-12billasmlab_0751-0800ab _800_ bill_20120201_status 652012

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AB 958 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 958Bill Berryhill

Regulatory boards limitations periods

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to Art IV Sec 10(e) of theFrom committee Filed with the Chiefto Joint Rule 56BUSINESS PROFESSIONS AND CONSUMER PROTECTION

TITLE An act to add Section 1105 to and to repeal Sections16702 22305 296005 3137 375051 498205499032 5561 5661 76865 988420 and 98898 of theBusiness and Professions Code relating to regulatoryboards

httpwwwleginfocagovpub11-12lbillasmlab_0951-1 OOOab_958 _bill_ 20120202_ status 652012

AB 1003 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 1003Smyth

Professional and vocational licenses

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to professional and vocational licenses

httpwwwleginfocagovpubll-12Ibillasmlab_l00l-l 050ab_1003 _bill_2012020 I_statu 652012

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AB 1205 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1205AUTHOR(S) Bill BerryhillTOPIC Licensed behavior analysts+LAST AMENDED DATE 04042011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to amend Section 499018 of and to add Chapter52 (commencing with Section 252971) to Division 2 ofthe Business and Professions Code relating to healingarts

httpwwwleginfocagovpub11-12billasmab _120 1-1250ab_1205 _bill_20 120201_statu 652012

AB 1435 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1435AUTHOR(S) Dickinson (Coauthors Alejo Buchanan and Hill) TOPIC Child abuse reporting athletic personnelHOUSE LOCATION SEN+LAST AMENDED DATE OS252012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredState-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS for

LASTLAST

APPROPRIATIONSOS252012

Do pass as amendedAyes 17 Noes OOPASS

TITLE An act to amend Section 111657 of the Penal Coderelating to child abuse reporting

httpwww1eginfocagovpub11-12lbiIVasmab_140 1-1450ab _1435 _bill~0120601_statu 652012

AMENDED IN ASSEMBLY MAY 25 2012

AMENDED IN ASSEMBLY MARCH 21 2012

AMENDED IN ASSEMBLY MARCH 142012

AMENDED IN ASSEMBLY FEBRUARY 29 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1435

Introduced by Assembly Member Dickinson(Coauthors Assembly Members Alejo Buchanan and Hill)

January 4 2012

An act to amend Section 111657 of the Penal Code relating to childabuse reporting

LEGISLATIVE COUNSELS DIGEST

AB 1435 as amended Dickinson Child abuse reporting athleticpersonnel

Existing law the Child Abuse and Neglect Reporting Act requiresa mandated reporter as defined to report whenever he or she in his orher professional capacity or within the scope of his or her employmenthas knowledge of or observed a child whom the mandated reporterknows or reasonably suspects has been the victim of child abuse orneglect Failure to report an incident is a crime punishable byimprisonment in a county jail for a period of up to 6 months a fine ofup to $1000 or by both that imprisonment and fine

This bill would add athletic coaches athletic administrators andathletic directors employed by a public or private organization to thelist of individuals who are mandated reporters The bill otlld reqtlirean ptlblie or pri v ate orgflftizationernplo ing flftathletieeoaen Mhletie

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AB 1435 -2-

ftdministrator or Mhletie direetor to hftve provided initiftl trftining byJflfttlM) I 2014 on speeified mfttters relMing to ehiM a-bttse ftftdnegleetfor those employees On ftftd ftfter lftnuftry 12014 the bill vvottld reeJtlireinitiftl trftining to be pro vided IV ithin 6 months of the dMe ftn indi vidttftlbeeomes employed in thM eftlfteiry The bill vvouM require theseindividuftls to eomplete eontifttling tminmg every 2 yeMs

By imposing the reporting requirements on a new class of personsfor whom failure to report specified conduct is a crime ftftdby imposingne~ trftining reeJtlirements on publie oIgftfiiZMions ineluding loeftlgOvernment entities this bill would impose a state-mandated localprogram

The Cftlifomift Constittltion reqtlires the stMe to reimbtlfse loeftlftgeneies ftnd sehool distriets for eertftin eosts mftftdMed by the stftteStftttltory pItYvisions esffiblish proeedtlfes for mftkffigthftt reimbtlfsement

This bill hould pro vide thM 4vith regMd to eertftin mftftdfttes noIeimbtlfsement is reeJtlired by this ftet for ft speeified reftson

Vith regftM to ftny other mftndMeS this bill vv0tlM pro vide thM if theCommission on StMe ~bndtltes determines thM the bill eontftins eostsso mftndftted by the stftte reimbttIsement for those eosts shftll be mftdeptlfStlftnt to the stftttltory pro visions noted ttbo ve

The California Constitution requires the state to reimburse localagencies and school districts for certain costs mandated by the stateStatutory provisions establish procedures for making thatreimbursement

This bill would provide that no reimbursement is required by this actfor a specified reason

Vote majority Appropriation no Fiscal committee yesState-mandated local program yes

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 111657 of the Penal Code is amended2 to read3 111657 (a) As used in this article mandated reporter is4 defined as any of the following5 (1) A teacher6 (2) An instructional aide7 (3) A teachers aide or teachers assistant employed by any8 public or private schooL9 (4) A classified employee of any public schooL

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-3- AB 1435

1 (5) An administrative officer or supervisor of child welfare and2 attendance or a certificated pupil personnel employee of any public3 or private school4 (6) An administrator of a public or private day camp

(7) An administrator or employee of a public or private youth6 center youth recreation program or youth organization7 (8) An administrator or employee of a public or private8 organization whose duties require direct contact and supervision9 of children

(9) Any employee of a county office of education or the State11 Department of Education whose duties bring the employee into12 contact with children on a regular basis13 (10) A licensee an administrator or an employee of a licensed14 community care or child day care facility

(11) A Head Start program teacher16 (12) A licensing worker or licensing evaluator employed by a17 licensing agency as defined in Section 111651118 (13) A public assistance worker19 (14) An employee of a child care institution including but not

limited to foster parents group home personnel and personnel of21 residential care facilities22 (15) A social worker probation officer or parole officer23 (16) An employee of a school district police or security24 department

(17) Any person who is an administrator or presenter of or a26 counselor in a child abuse prevention program in any public or27 private school28 (18) A district attorney investigator inspector or local child29 support agency caseworker unless the investigator inspector or

caseworker is working with an attorney appointed pursuant to31 Section 317 of the Welfare and Institutions Code to represent a32 mmor33 (19) A peace officer as defined in Chapter 45 (commencing34 with Section 830) of Title 3 of Part 2 who is not otherwise

described in this section36 (20) A firefighter except for volunteer firefighters37 (21) A physician and surgeon psychiatrist psychologist dentist38 resident intern podiatrist chiropractor licensed nurse dental39 hygienist optometrist marriage and family therapist clinical social

worker professional clinical counselor or any other person who

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AB 1435 -4-

is currently licensed under Division 2 (commencing with Section500) of the Business and Professions Code

(22) Any emergency medical technician I or II paramedic orother person certified pursuant to Division 25 (commencing withSection 1797) of the Health and Safety Code

(23) A psychological assistant registered pursuant to Section2913 of the Business and Professions Code

(24) A marriage and family therapist trainee as defined insubdivision (c) of Section 498003 of the Business and ProfessionsCode

(25) An unlicensed marriage and family therapist internregistered under Section 498044 of the Business and ProfessionsCode

(26) A state or county public health employee who treats a minorfor venereal disease or any other condition

(27) A coroner(28) A medical examiner or any other person who performs

autopsies(29) A commercial film and photographic print processor as

specified in subdivision (e) of Section 11166 As used in thisarticle commercial film and photographic print processor meansany person who develops exposed photographic film into negativesslides or prints or who makes prints from negatives or slides forcompensation The term includes any employee of such a personit does not include a person who develops film or makes prints fora public agency

(30) A child visitation monitor As used in this article childvisitation monitor means any person who for financialcompensation acts as monitor of a visit between a child and anyother person when the monitoring of that visit has been orderedby a court of law

(31) An animal control officer or humane society officer Forthe purposes ofthis article the following terms have the followingmeanings

(A) Animal control officer means any person employed by acity county or city and county for the purpose of enforcing animalcontrol laws or regulations

(B) Humane society officer means any person appointed oremployed by a public or private entity as a humane officer who is

95

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-5- AB 1435

qualified pursuant to Section 14502 or 14503 of the CorporationsCode

(32) A clergy member as specified in subdivision (d) of Section11166 As used in this article clergy member means a priestminister rabbi religious practitioner or similar functionary of achurch temple or recognized denomination or organization

(33) Any custodian of records of a clergy member as specifiedin this section and subdivision (d) of Section 11166

(34) Any employee of any police department county sheriffsdepartment county probation department or county welfaredepartment

(35) An employee or volunteer of a Court Appointed SpecialAdvocate program as defined in Rule 1424 ofthe California Rulesof Court

(36) A custodial officer as defined in Section 8315(37) Any person providing services to a minor child under

Section 12300 or 123001 of the Welfare and Institutions Code(38) An alcohol and drug counselor As used in this article an

alcohol and drug counselor is a person providing counselingtherapy or other clinical services for a state licensed or certifieddrug alcohol or drug and alcohol treatment program Howeveralcohol or drug abuse or both alcohol and drug abuse is not inand of itself a sufficient basis for reporting child abuse or neglect

(39) A clinical counselor trainee as defined in subdivision (g)of Section 499912 of the Business and Professions Code

(40) A clinical counselor intern registered under Section 499942of the Business and Professions Code

(41) An athletic coach athletic administrator or athletic directoremployed by a public or private organization including but notlimited to schools and instittttions of higher e6ueation thatprovidekindergarten or any of grades 1 to 12 inclusive

(b) Except as provided in paragraph (35) of subdivision (a)volunteers of public or private organizations whose duties requiredirect contact with and supervision of children are not mandatedreporters but are encouraged to obtain training in the identificationand reporting of child abuse and neglect and are further encouragedto report known or suspected instances of child abuse or neglectto an agency specified in Section 111659

(c) Employers are strongly encouraged to provide theiremployees who are mandated reporters with training in the duties

95

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AB 1435 -6-

imposed by this article This training shall include training in childabuse and neglect identification and training in child abuse andneglect reporting Whether or not employers provide theiremployees with training in child abuse and neglect identificationand reporting the employers shall provide their employees whoare mandated reporters with the statement required pursuant tosubdivision (a) of Section 111665

(d) School districts that do not train their employees specifiedin subdivision (a) in the duties of mandated reporters under thechild abuse reporting laws shall report to the State Department ofEducation the reasons why this training is not provided

(e) Unless otherwise specifically provided the absence oftraining shall not excuse a mandated reporter from the dutiesimposed by this article

(f) Public and private organizations are encouraged to providetheir volunteers whose duties require direct contact with andsupervision of children with training in the identification andreporting of child abuse and neglect

(g) (1) On 6r befure Jttmtary 1 2014 ttll) pttblie 6r privflie6rganizttti6ftemp16ing ttft Mhletie e6tteh Mhletie ttdmimstrltt6r6r Mhletie direet6r ttSspeeified ift pMttgrttph (41) 6f sttbdivisi6ft(tt) shttll pr6 vide iftitittl trttining f6r th6se empl~ ees 6n thefull6vvingmtttters

(A) The identifiettti6n 6f ehild ttbttse ttnd negleet(D) Aeti vities thttt e6ftstitttte inltppr6prittte ttftd illegttl e6ntttet

betiveen tt 6tlth ltftd ltft ttthietie e6tteh Mhletie ttdmiftistrttt6r 6rttthietie direet6r

(6) The resp6nsibilities 6f tt pers6n identified lIStt mttndfliedrep6rter in this seeti6n ineIttding btl ft6t limited t6 ttll 6f thefull6 vving

(i) T6 ~h6m tt rep6rt is reqtlired t6 be mttde(ii) The inf6rmttti6n thttt is reqttired t6 be ifte1ttdedin tt rep6rt(iii) The time vvithiftvvhieha mandated rep6rter is reqttired t6

file tt rep6rt(2) Initittl training shall be pr6vided b perS6ftSkn6vvledgeltble

ift the identifiettti6n 6fehild aettse ttnd negleet inltppf6prittte ltftdillegal e6ntaet bem eena 6ttth and ltftadttIt ltftdstatttt6ry rep6rtingreqttiremeftts ltftdshttll e6nsist 6ftw6 h6ttrs 6felassr66m 6r 6therinteraetive trainiftg ltftdedttettti6n

95

-7- AB 1435

1 (h) Commeneing on fmd aftel Jfmtlftry12014 fmofgfmization2 speeified in sttbdivision (g) shaHpro ide initial training within six3 months of the date that fm individtutl beeomes empleryed as an4 Mhletie eoaeh athletie administrator or athletie direetor ttnless5 the indi idttal reeei ed training Hithin tw0 years prior to the date6 the indi idtlal is empleryed An Mhletie eoaeh athletie7 administrator or athletie direetor Hho has leeeied initial training8 ptlfStlafttto sttbdiision (g) shall eomplete eontifttling training9 thereafter onee eery two years eonsisting of one hottf of

10 elassroom or other interaeti e training fmd edtteation11 SEC 2 No reimbtlrsement is reqtlired by this aet pttfStlafttto12 Seetion 6 ofArtiele )GIlD of the California Constitution for eertain13 eosts that may be inetllTed by a loeal ageney or sehool distriet14 beeatlse ift that regard this aet ereates a nev erime or infraetion15 eliminates a erime or infraetion or ehfmges the penalty fOfa erime16 or inflaetion Hithin the meaning of Seetion 17556 of the17 Goemment Code or ehanges the definition ofa elime Hithin the18 meaning of Seetion 6 of Aniele XIII D of the Califomia19 Constitution20 IIo~eer if the Commission on State Mfmdates determines that21 this aet eontainsother eosts mfmdated by the state reimbttfsement22 to loeal ageneies fmd sehool distliets for those eosts shall be made23 ptlfStlafttto Part 7 (eommeneing Hith Seetion 17500) of Division24 4 of Title 2 of the Goemment Code25 SEC 2 No reimbursement is required by this act pursuant to26 Section 6 of Article XIII B of the California Constitution because27 the only costs that may be incurred by a local agency or school28 district will be incurred because this act creates a new crime or29 infraction eliminates a crime or infraction or changes thepenalty30 for a crime or infraction within the meaning of Section 17556 of31 the Government Code or changes the definition of a crime within32 the meaning of Section 6 of Article XIII B of the California33 Constitution

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AB 1904 Assembly Bill Status

MEASURE AUTHOR(S)TOPIC

HOUSE

CURRENT BILL STATUS

AB No 1904Block Butler and

Professions and vocationslicenses

LOCATION

Cookmilitary spouses temporary

TYPE OF BILL

SEN

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyAppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpub11-12billasmab _1901-1950ab _1904_ bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes Noes OOPASS17

An act to add Section 1155 to the Business andProfessions Code relating to professions and vocationsand making an appropriation therefor

-

AB 1588 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1588AUTHOR(S) Atkins (Principal coauthors Cook and Nielsen)

(Coauthors Block Beth Gaines Pan V Manuel PerezWilliams and Yamada)

TOPIC Professions and vocations reservist licensees fees andcontinuing education

HOUSE LOCATION SEN+LAST AMENDED DATE 03052012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS forLAST

LAST

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

TITLE An act to add Section 1143 to the Business andProfessions Code relating to professions and vocations

htlpllwwwleginfocagovpubll-12Ibillasmlab _1551-1600ab _1588 _bill_20120601_statu 652012

middot

AMENDED IN ASSEMBLY MARCH 5 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1588

Introduced by Assembly Member Atkins(Principal coauthors Assembly Members Cook and Nielsen)

(Coauthors Assembly Members Block Beth Gaines PanV Manuel Perez Williams and Yamada)

February 6 2012

An act to add Section 1143 to the Business and Professions Coderelating to professions and vocations

LEGISLATIVE COUNSELS DIGEST

AB 1588 as amended Atkins Professions and vocations reservistlicensees fees and continuing education

Existing law provides for the regulation of various professions andvocations by boards commissions or bureaus within the Departmentof Consumer Affairs and for the licensure or registration of individualsin that regard Existing law authorizes any licensee whose licenseexpired while he or she was on active duty as a member of the CaliforniaNational Guard or the United States Armed Forces to reinstate his orher license without examination or penalty if certain requirements aremet

This bill would require the boards commissions or bureaus describedabove to waive the renewal fees and continuing education requirementsif either is applicable of any licensee or registrant who is a reservistcalled to active duty as a member of the United States Military Reserveor the California National Guard if certain requirements are met

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

98

AB 1588 -2-

Thepeople of the State of Califomi a do enact asfollows

1 SECTION 1 Section 1143 is added to the Business and2 Professions Code to read3 1143 Notwithstanding any other provision oflaw everyboard4 commission or bureau within the department shall waive the5 renewal fees and continuing education requirements if either is6 applicable for any licensee or registrant who is a reservist called7 to active duty as a member of the United States Military Reserve8 or the California National Guard if all of the following9 requirements are met

10 (a) The licensee or registrant was in good standing with the11 board commission or bureau at the time the reservist was called12 to active duty13 (b) The renewal fees or continuing education requirements are14 waived only for the period during which the reservist is on active15 duty service16 (c) The active duty reservist or the active duty reservists spouse17 or registered domestic partner provides written notice satisfactory18 to the board commission or bureau that substantiates the19 reservists active duty service

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98

AB 1896 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1896AUTHOR(S) ChesbroTOPIC Tribal health programs health care practitionersHOUSE LOCATION SEN+LAST AMENDED DATE 03272012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATIONCOMM ACTION DATECOMM ACTIONCOMM VOTE SUMMARY

ASM

05172012Referred to Com on B P amp EDBUSINESS PROFESSIONS AND CONSUMER PROTECTION04102012

Do passAyes 09 Noes OOPASS

TITLE An act to amend the heading of Article 10 (commencingwith Section 710) of Chapter 1 of Division 2 of and toadd Section 719 to the Business and Professions Coderelating to healing arts

httpwwwleginfocagovpubI11-12lbillasmab_1851-1900ab_1896_bill_20120517 _statu 652012

-

AMENDED IN ASSEMBLY MARCH 27 2012

CALIFORNIA LEGISLATURE-20II-12 REGULAR SESSION

ASSEMBLY BILL No 1896

Introduced by Assembly Member Chesbro

February 222012

An act to amend the heading of Article 10 (commencing with Section710) of Chapter 1 of Division 2 of and to add Section 719 to theBusiness and Professions Code relating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1896 as amended Chesbro Tribal health programs health carepractitioners

Under existing federal law licensed health professionals employedby a tribal health program are required to be exempt if licensed in anystate from the licensing requirements of the state in which the tribalhealth program performs specified services A tribal health program isdefined as an Indian tribe or tribal organization that operates any healthprogram service function activity or facility funded in whole or partby the Indian Health Service

Existing law provides for the licensure and regulation of health carepractitioners by various healing arts boards within the Department ofConsumer Affairs

This bill would codify that federal requirement by specifying that aperson who is licensed as a health care practitioner in any other stateand is employed by a tribal health program is exempt from any statelicensing requirement with respect to acts authorized under thepersonslicense where the tribal health program performs specified services

Vote majority Appropriation no Fiscal committee noState-mandated local program no

98

AD 1896 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 The heading of Article 10 (commencing with2 Section 710) of Chapter 1 of Division 2 of the Business and3 Professions Code is amended to read456789

101112131415161718192021

Article 10 Federal Personnel and Tribal Health Programs

SEC 2 Section 719 is added to the Business and ProfessionsCode to read

719 (a) A person who is licensed as a health care practitionerin any other state and is employed by a tribal health program asdefined in Section 1603 of Title 25 of the United States Code shallbe exempt from any licensing requirement described in this divisionwith respect to acts authorized under the persons license wherethe tribal health program performs the services described in thecontract or compact of the tribal health program under the IndianSelf-Determination and Education Assistance Act (25 USC Sec450 et seq)

(b) For purposes of this section health care practitioner meansany person who engages in acts that are the subject of licensureor regulation under this division or Ml) initiative 8et referred to inthis division the law of any other state

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98

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1904

Introduced by Assembly Members Block Butler and Cook

February 222012

An act to add Section 1155 to the Business and Professions Coderelating to professions and vocations and making an appropriationtherefor

LEGISLATIVE COUNSELS DIGEST

AB 1904 as introduced Block Professions and vocations militaryspouses temporary licenses

Existing law provides for the licensure and regulation of variousprofessions and vocations by boards within the Department of ConsumerAffairs Existing law provides for the issuance of reciprocal licenses incertain fields where the applicant among other requirements has alicense to practice within that field in another jurisdiction as specifiedUnder existing law licensing fees imposed by certain boards withinthe department are deposited in funds that are continuously appropriated

This bill would authorize a board within the department to issue atemporary license to an applicant who among other requirements holdsan equivalent license in another jurisdiction as specified and is marriedto or in a legal union with an active duty member of the Armed Forcesofthe United States who is assigned to a duty station in California underofficial active duty military orders The bill would require a board toexpedite the process for issuing these temporary licenses The bill wouldrequire the applicant to pay any fees required by the board and wouldrequire that those fees be deposited in the fund used by the board toadminister its licensing program To the extent that the bill would

99

AB 1904 -2-

increase the amount of money deposited into a continuously appropriatedfund the bill would make an appropriation

Vote majority Appropriation yes Fiscal committee yesState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 1155 is added to the Business and2 Professions Code to read3 1155 (a) A board within the department may issue a4 temporary license to an applicant who meets all of the following5 requirements6 (l) Submits an application in the manner prescribed by the7 board8 (2) Supplies evidence satisfactory to the board that the applicant9 is married to or in a domestic partnership or other legal union

10 with an active duty member of the Armed Forces of the United11 States who is assigned to a duty station in this state under official12 active duty military orders13 (3) Holds a current license in another state district or territory14 of the United States with the requirements that the board determines15 are substantially equivalent to those established under this code16 for that occupation17 (4) Has not committed an act in anyjurisdiction that would have18 constituted grounds for denial suspension or revocation of the19 license under this code at the time the act was committed20 (5) Has not been disciplined by a licensing entity in another21 jurisdiction and is not the subject of an unresolved complaint22 review procedure or disciplinary proceeding conducted by a23 licensing entity in another jurisdiction24 (6) Pays any fees required by the board Those fees shall be25 deposited in the applicable fund or account used by the board to26 administer its licensing program27 (7) Submits fingerprints and any applicable fingerprinting fee28 in the manner required of an applicant for a regular license29 (b) A board shall expedite the procedure for issuing a temporary30 license pursuant to this section31 (c) A temporary license issued under this section shall be valid32 for 180 days except that the license may at the discretion of the

99

-3- AB 1904

I board be extended for an additional180-day period on application2 of the license holder3 (d) A board may adopt regulations necessary to administer this4 section

o

99

AB 1932 Assembly Bill Status

MEASURE AUTHOR(S)TOPICHOUSE+LAST

CURRENT BILL STATUS

AB No 1932Gorell (Coauthor Cook)

United States armed services healing arts boardsLOCATION SENAMENDED DATE 04172012

TYPE OF BILL

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpubI11-12Ibillasmab_1901-1950ab_1932_bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

An act to add Section 7102 to the Business andProfessions Code relating to healing arts

-

AMENDED IN ASSEMBLY APRIL 172012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1932

Introduced by Assembly Member-Ceek Gorell(Coauthor Assembly Member Cook)

February 222012

An act to add Section 7102 to the Business and Professions Coderelating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1932 as amended euroook Gorell United States armed serviceshealing arts boards

Existing law provides for the licensure and regulation of varioushealing arts professions and vocations by boards within the Departmentof Consumer Affairs Existing law requires the rules and regulations ofthese healing arts boards to provide for methods of evaluating educationtraining and experience obtained in military service if such training isapplicable to the requirements of the particular profession or vocationregulated by the board Under existing law the Department of VeteransAffairs has specified powers and duties relating to various programsserving veterans

This bill would require by January 12014 and annually thereafterevery healing arts board to issue a specified written report to theDepartment of Veterans Affairs and the Legislature as specified thatclearly details the methods of evaluating the education training andexperience obtained in military service and whether that educationtraining and experience is applicable to the boards requirements forlicensure The bill would declare the intent of the Legislature in thisregard

98

AB 1932 -2-

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 710 of the Business and Professions Code2 was enacted in 1969 and because healing arts boards have not3 demonstrated significant compliance with that section it is the4 intent of the Legislature to establish an annual reporting5 requirement to compel these boards to provide information about6 the methods of evaluating education training and experience7 obtained in military service in order to meet the needs of the8 upcoming wave of armed service members returning to civilian9 life

10 SEC 2 Section 7102 is added to the Business and Professions11 Code to read12 7102 (a) By January 12014 and annually thereafter every13 healing arts board described in this division shall issue a written14 report to the Department of Veterans Affairs and to the Legislature15 that clearly details the methods of evaluating the education16 training and experience obtained in military service and whether17 that education training and experience is applicable to the boards18 requirements for licensure This written report shall include but19 not be limited to quantitative information about the number of20 service members who have applied for and have used their military21 education training and experience to fulfill the boards22 requirements for licensure23 (b) (1) The requirement to submit a report to the Legislature24 under subdivision (a) shall be inoperative on January 1 201825 pursuant to Section 102315 of the Government Code26 (2) A report to the Legislature shall be submitted in compliance27 with Section 9795 of the Government Code

o

98

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      • AGENDA ITEM 4
      • DISCUSSION AND POSSIBLE ACTION REGARDING PENDING LEGISLATION
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                  • AB 171 Assembly Bill- Status
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                                                                                                                                                                                          • AB 958 Assembly Bill- Status
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Page 21: DISCUSSION ANDPOSSIBLE ACTION REGARDING PENDING … · 2012-06-14  · Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of2010 (PublicLaw 111-152)

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(F) The covered entity that received the confidential informationor records did not retain use or release the information or records

(G) The defendant has not Ifeviettsl) vielateti this IMt ef inthe eettrls tiisefetieft tieslite the Ifief vielatieftbeenfound liablefor a violation of this part within the three years preceding thealleged violation or the court determines that application of theaffirmative defense is found to be compelling and consistent withthe purposes ofthis section to promote reasonable conduct in lightof all the facts

(2) In an action under this subdivision a plaintiff shall beentitled to recover reasonable attorneys fees and costs withoutregard to an award of actual or nominal damages

(3) A defendant shall not be liable for more than one judgmenton the merits for a violation of this subdivision

(f) (1) The civil penalty pursuant to subdivision (c) shall beassessed and recovered in a civil action brought in the name of thepeople of the State of California in any court of competentjurisdiction by any of the following

(A) The Attorney General(B) Any district attorney(C) Any county counsel authorized by agreement with the

district attorney in actions involving violation of a countyordinance

(D) Any city attorney of a city(E) Any city attorney of a city and county having a population

in excess of 750000 with the consent of the district attorney(F) A city prosecutor in any city having a full-time city

prosecutor or with the consent of the district attorney by a cityattorney in any city and county

(G) The Director of the Office of Health Information Integritymay recommend that any person described in subparagraphs (A)to (F) inclusive bring a civil action under this section

(2) If the action is brought by the Attorney General one-halfofthe penalty collected shall be paid to the treasurer of the countyin which the judgment was entered and one-half to the GeneralFund If the action is brought by a district attorney or countycounsel the penalty collected shall be paid to the treasurer of thecounty in which the judgment was entered Except as provided inparagraph (3) if the action is brought by a city attorney or cityprosecutor one-half of the penalty collected shall be paid to the

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1 treasurer of the city in which the judgment was entered and one-half2 to the treasurer of the county in which the judgment was entered3 (3) If the action is brought by a city attorney of a city and4 county the entire amount of the penalty collected shall be paid to5 the treasurer of the city and county in which the judgment was6 entered7 (4) Nothing in this section shall be construed as authorizing8 both an administrative fine and civil penalty for the same violation9 (5) Imposition of a fine or penalty provided for in this section

10 shall not preclude imposition of any other sanctions or remedies11 authorized by law12 (6) Administrative fines or penalties issued pursuant to Section13 128015 of the Health and Safety Code shall offset any other14 administrative fine or civil penalty imposed under this section for15 the same violation16 (g) For purposes of this section knowing and willful shall17 have the same meanings as in Section 7 of the Penal Code18 (h) No person who discloses protected medical information in19 accordance with the provisions of this part shall be subject to the20 penalty provisions of this part

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AB 518 Assembly Bill Status Page I of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPICHOUSE+LAST

AB No 518Wagner

Elder and dependentLOCATION SENAMENDED DATE

adult abuse mandated reporters

03232011

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATION

06062011In committee Hearing postponed by committee

SEN BANKING AND FINANCIAL INSTITUTIONS

TITLE An act to repeal Section 7480 of the Government Codeand to amend Section 156301 of and to amend and repealSections 15633 15634 15640 and 156555 of theWelfare and Institutions Code relating to elder anddependent adult abuse

httpwwwleginfocagovpubll-12Ibillasmab_ 0501-0550ab_518_bill_2011 0615_status 652012

-

AMENDED IN ASSEMBLY MARCH 23 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 518

Introduced by Assembly Member Wagner

February 152011

Aft aet to amend Seetion 156301 of the Welfare and InstittttionsCode relating to elder abtlse An act to repeal Section 7480 of theGovernment Code and to amend Section 156301 of and to amend andrepeal Sections 15633 15634 15640 and 156555 of the Welfare andInstitutions Code relating to elder and dependent adult abuse

LEGISLATIVE COUNSELS DIGEST

AB 518 as amended Wagner Elder and dependent adult abusemandated reporters

Existing law the Elder Abuse and Dependent Adult Civil ProtectionAct establishes procedures for the reporting investigation andprosecution of elder and dependent adult abuse including but notlimited to financial abuse as defined These procedures require personsdefined as mandated reporters to report known or suspected instancesof elder or dependent adult abuse A violation of the reportingrequirements by a mandated reporter is a misdemeanor Existing lawwhich will be repealed on January 12013 defines who is a mandatedreporter of suspected financial abuse of an elder or dependent adult Aviolation ofthe financial abuse reporting requirements is subject to civilpenalties

This bill would delete the January 1 2013 repeal date and makeconforming changes

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

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The people of the State of California do enact asfollows

1 SECTION 1 Section 7480 of the Government Code as2 amended by Section 2 of Chapter 234 of the Statutes of 2008 is3 repealed4 7480 Nothing in this ehapter prohibits an) of the following

(a) The dissemination of an) finaneial information that is not6 identified with or identifiable as being deri ved from the fiftMleial7 reeords of a partietllar etlstomer8 (b) When any poliee or sheriffs department or distriet attorney9 in this state eertines to a bank eredit tlftion or savin-gsassoeiation

in 4vritingthat a erime report has been filed that involves the11 alleged fratldttlent tlse of drafts eheeks or other orders drawfl12 tlJon MtY bank eredit tlftion or Sltv ings assoeiation in this state13 the poliee or sheriffs department or distriet attomey a eotlnty14 adttlt proteeti-ve sen iees oftiee 4vhen investigating the finaneial

abttse of an elder or dependent adttlt or a long term eare16 ombttdsman when investigating the finaneial abttse of an elder or17 dependent adttlt rna reqtlest a bank eredit tlftion or savings18 assoeiation to fttmish and a bank eredit tlftion or savings19 assoeiation shall fttmish a statement setting forth the folIowing

information with respeet to a etlstomer aeeotlnt speeified b) the21 reqttesting parry for a period 30 da s prior to and tlJ to 30 da) s22 following the date ofoeetnTenee of the alleged illegal aet invohin-g23 the aeeotlftt24 (1) The Itttftlber of items dishonored

(2) The nttmber of items paid that ereated Oierdrafts26 (3) The dollar volttme of the dishonored items and items paid27 whieh ereated overdrafts and a statement explaining an) eredit28 atTangementbetween the bank eredit tlftion or savin-gsassoeiation29 and etlstomer to pa) 0verdrafts

(4) The dates and amotlnts of deposits and debits and the aeeotlftt31 balanee on these dates32 (5) A eoJry of the signattlre eard inelttding the signattlre and33 an) addresses appearing on a etlstomers signattlre eard34 (6) The date the aeeottnt opened and ifapplieable the date the

aeeotlnt elosed36 (7) A bank eredit tlftion or saTvingsassoeiation that proiides37 the reqtlesting part) vvith eopies of one or more eomplete aeeottnt

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the taxpa er (2) the (iireet deposit refund bullbullas not rettlmed to theFranehise Tax Board and (3) the remnd TnaSdeposited direetlyon a speeifled date into the aeeotlftt of an aeeotmtholder of theflnaneial instittttion bullbullho bullbullas not entitled to reeei v e the refttndthen the flnaneial instittttion shall fttntish to the Franehise TaxBoard the name and address ofan eoo w ner eosigtter or an otherperson bullbullho had aeeess to the mnds in the aeeotlttt follo bullbulling thedate ofdiIeet deposit refund or if the aeeotmt has been dosed thename and address of the person bullbullho dosed the aeeOtlftt

(s) This seetion shall beeome operati v e on Jaftttary 1 2013SECTION 1SEC 2 Section 156301 of the Welfare and Institutions Code

is amended to read156301 (a) As used in this section mandated reporter of

suspected financial abuse of an elder or dependent adult meansall officers and employees of financial institutions

(b) As used in this section the term financial institution meansany of the following

(l) A depository institution as defined in Section 3(c) of theFederal Deposit Insurance Act (12 USC Sec 1813(c))

(2) An institution-affiliated party as defined in Section 3(u) ofthe Federal Deposit Insurance Act (12 USC Sec 1813(u))

(3) A federal credit union or state credit union as defined inSection 101 ofthe Federal Credit Union Act (12 USC Sec 1752)including but not limited to an institution-affiliated party of acredit union as defined in Section 206(r) of the Federal CreditUnion Act (12 USc Sec 1786(r))

(c) As used in this section financial abuse has the samemeaning as in Section 1561030

(d) (l) Any mandated reporter of suspected financial abuse ofan elder or dependent adult who has direct contact with the elderor dependent adult or who reviews or approves the elder ordependent adults financial documents records or transactionsin connection with providing financial services with respect to anelder or dependent adult and who within the scope of his or heremployment or professional practice has observed or hasknowledge of an incident that is directly related to the transactionor matter that is within that scope of employment or professionalpractice that reasonably appears to be financial abuse or whoreasonably suspects that abuse based solely on the information

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AB518 -12-

before him or her at the time of reviewing or approving thedocument record or transaction in the case of mandated reporterswho do not have direct contact with the elder or dependent adultshall report the known or suspected instance of financial abuse bytelephone immediately or as soon as practicably possible and bywritten report sent within two working days to the local adultprotective services agency or the local law enforcement agency

(2) When two or more mandated reporters jointly haveknowledge or reasonably suspect that financial abuse of an elderor a dependent adult for which the report is mandated has occurredand when there is an agreement among them the telephone reportmay be made by a member of the reporting team who is selectedby mutual agreement A single report may be made and signed bythe selected member of the reporting team Any member of theteam who has knowledge that the member designated to report hasfailed to do so shall thereafter make that report

(3) If the mandated reporter knows that the elder or dependentadult resides in a long-term care facility as defined in Section1561047 the report shall be made to the local ombudsman or locallaw enforcement agency

(e) An allegation by the elder or dependent adult or any otherperson that financial abuse has occurred is not sufficient to triggerthe reporting requirement under this section if both of the followingconditions are met

(1) The mandated reporter of suspected financial abuse of anelder or dependent adult is aware of no other corroborating orindependent evidence of the alleged financial abuse of an elder ordependent adult The mandated reporter of suspected financialabuse of an elder or dependent adult is not required to investigateany accusations

(2) In the exercise of his or her professional judgment themandated reporter of suspected financial abuse of an elder ordependent adult reasonably believes that financial abuse of anelder or dependent adult did not occur

(f) Failure to report financial abuse under this section shall besubject to a civil penalty not exceeding one thousand dollars($1000) or if the failure to report is willful a civil penalty notexceeding five thousand dollars ($5000) which shall be paid bythe financial institution that is the employer of the mandated

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reporter to the party bringing the action Subdivision (h) of Section15630 shall not apply to violations of this section

(g) (1) The civil penalty provided for in subdivision (f) shallbe recovered only in a civil action brought against the financialinstitution by the Attorney General district attorney or countycounsel No action shall be brought under this section by anyperson other than the Attorney General district attorney or countycounsel Multiple actions for the civil penalty may not be broughtfor the same violation

(2) Nothing in the Financial Elder Abuse Reporting Act of2005shall be construed to limit expand or otherwise modify any civilliability or remedy that may exist under this or any other law

(h) As used in this section suspected financial abuse of anelder or dependent adult occurs when a person who is requiredto report under subdivision (a) observes or has knowledge ofbehavior or unusual circumstances or transactions or a pattern ofbehavior or unusual circumstances or transactions that would leadan individual with like training or experience based on the samefacts to form a reasonable belief that an elder or dependent adultis the victim of financial abuse as defined in Section 1561030

(i) Reports of suspected financial abuse of an elder or dependentadult made by an employee or officer of a financial institutionpursuant to this section are covered under subdivision (b) of Section47 of the Civil Code

SEC 3 Section 15633 of the Welfare and Institutions Codeas amended by Section 5 of Chapter 140 of the Statutes of 2005is amended to read

15633 (a) The reports made pursuant to Sections 15630156301 and 15631 shall be confidential and may be disclosedonly as provided in subdivision (b) Any violation of theconfidentiality required by this chapter is a misdemeanorpunishable by not more than six months in the county jail by afine of five hundred dollars ($500) or by both that fine andimprisonment

(b) Reports of suspected abuse of an elder or dependent adultand information contained therein may be disclosed only to thefollowing

(1) Persons or agencies to whom disclosure of information orthe identity of the reporting party is permitted under Section156335

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(2) (A) Persons who are trained and qualified to serve onmultidisciplinary personnel teams may disclose to one anotherinformation and records that are relevant to the preventionidentification or treatment of abuse of elderly or dependentpersons

(B) Except as provided in subparagraph (A) any personnel ofthe multidisciplinary team or agency that receives informationpursuant to this chapter shall be under the same obligations andsubject to the same confidentiality penalties as the persondisclosing or providing that information The information obtainedshall be maintained in a manner that ensures the maximumprotection of privacy and confidentiality rights

(c) This section shall not be construed to allow disclosure ofany reports or records relevant to the reports of abuse of an elderor dependent adult if the disclosure would be prohibited by anyother provisions of state or federal law applicable to the reports orrecords relevant to the reports of the abuse nor shall it be construedto prohibit the disclosure by a financial institution of any reportsor records relevant to the reports of abuse of an elder or dependentadult if the disclosure would be required of a financial institutionby otherwise applicable state or federal law or court order

(d) This seetion shall remain in dIcet on) tmtilJantmry I 2813and as of that date is repealed unless a later enaeted statute thatis enaeted before JMlt1ary12813 deletes or extends that date

SEC 4 Section 15633 of the Welfare and Institutions Codeas added by Section 6 of Chapter 140 of the Statutes of 2005 isrepealed

15633 (a) The leports made ptlrstlMlt to Seetions 15638 and15631 shall be eonndential and may be diselosed on) as pro videdin stlbdivision (b) AIl) violation of the eonfidetttialrt reqtliredbythis ehapter is a misdemeanor ptlnishable bynot more than sixmoftths in the eounry jail b)l a nne ofn Vehundred dollars ($588)or byboth that nne and imprisonment

(b) Reports of stlspeeted elder 01 dependent adttlt abttse andinfenmation eontained therein may be diselosed only to thefollo vving

(1) Persons or ageneies to vvhomdiselostlfe of information orthe identity of the reporting pMty is permitted tlnder Seetion156335

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(2) EA) Persems who Me trftined Md qtlftlified to sene onmtlltidiseiplinftfjf persoflftel teftll1smfty diselose to one Mlotherinfermtttion Md reeords thftt Me relevflnt to the preventionidentifiefttion or trefttment of ftbttse of elderly or dependentpersons

EB) Exeept ftSpro vided in SMpMftgrftph EA) Mly personnel ofthe ftltlltidiseiplinftry teftftl or ftgeney thftt reeeives informfttionptlrstlftnt to this ehflPtel shftH he tinder the sftme ohligfttions ftndsttbjeet to the sftme eonfidentiftlity penftlties ftS the pelsondisdosing or pro viding thftt infermfttion The informfttion ohtftinedshftH he mftintftined in ft ftlftflfter thftt enstlfes the ftlftXimttmproteetion ofprivftey ftnd eonfidentiftlity rights

Ee) This seetion shftH not he eonstftled to ftHo diselostlfe ofMy reports or reeords rde vMit to the reports of elder or dependentftdttlt ftbttse if the disdostlfe votlld he prohibited hy My other110visions of stftte or federftllft bullbull ftppliefthle to the reports or reeordsrele vftnt to the reports of the flbttse

Ed) This seetion shftH heeome operftti ve on Jftntlftry I 2013SEC 5 Section 15634 of the Welfare and Institutions Code

as amended by Section 7 of Chapter 140 of the Statutes of 2005is amended to read

15634 (a) No care custodian clergy member healthpractitioner mandated reporter of suspected financial abuse of anelder or dependent adult or employee of an adult protectiveservices agency or a local law enforcement agency who reports aknown or suspected instance of abuse of an elder or dependentadult shall be civilly or criminally liable for any report requiredor authorized by this article Any other person reporting a knownor suspected instance of abuse of an elder or dependent adult shallnot incur civil or criminal liability as a result of any reportauthorized by this article unless it can be proven that a false reportwas made and the person knew that the report was false No personrequired to make a report pursuant to this article or any persontaking photographs at his or her discretion shall incur any civil orcriminal liability for taking photographs of a suspected victim ofabuse of an elder or dependent adult or causing photographs to betaken of such a suspected victim or for disseminating thephotographs with the reports required by this article Howeverthis section shall not be construed to grant immunity from thisliability with respect to any other use of the photographs

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(b) No care custodian clergy member health practitionermandated reporter of suspected financial abuse of an elder ordependent adult or employee of an adult protective services agencyor a local law enforcement agency who pursuant to a request froman adult protective services agency or a local law enforcementagency investigating a report of known or suspected abuse of anelder or dependent adult provides the requesting agency withaccess to the victim of a known or suspected instance of abuse ofan elder or dependent adult shall incur civil or criminal liabilityas a result of providing that access

(c) The Legislature finds that even though it has providedimmunity from liability to persons required to report abuse of anelder or dependent adult immunity does not eliminate thepossibility that actions may be brought against those persons basedupon required reports of abuse In order to further limit the financialhardship that those persons may incur as a result of fulfilling theirlegal responsibilities it is necessary that they not be unfairlyburdened by legal fees incurred in defending those actionsTherefore a care custodian clergy member health practitioneror an employee of an adult protective services agency or a locallaw enforcement agency may present to the StMe B6Md 6pound C6ntr61California Victim Compensation and Government Claims Boarda claim for reasonable fttt6meys attorneys fees incurred in anyaction against that person on the basis of making a report requiredor authorized by this article if the court has dismissed the actionupon a demurrer or motion for summary judgment made by thatperson or if he or she prevails in the action The StMe B6ftrd 6fC6ntr61 California Victim Compensation and Government ClaimsBoard shall allow that claim if the requirements ofthis subdivisionare met and the claim shall be paid from an appropriation to bemade for that purpose Att6mey s Attorneys fees awarded pursuantto this section shall not exceed an hourly rate greater than the ratecharged by the Attorney General at the time the award is madeand shall not exceed an aggregate amount of fifty thousand dollars($50000) This subdivision shall not apply if a public entity hasprovided for the defense of the action pursuant to Section 995 ofthe Government Code

(d) This seeti6n shftll remftin in dfeet 6ttly tmtil J8fttlfll)1 2013ftnd ftS6pound thftt dMe is repeftled wIess ft IMer enfteted stMute thMis en8eted before Jftftt18ry12013 deletes 6r extends thM dMe

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SEC 6 Section 15634 of the Welfare and Institutions Codeas amended by Section 711 ojChapter 538 of the Statutes oj2006is repealed

15634 eft) No eMe etlstodimt ele~ member hea-lthpraetitioner or employee of an adttlt proteeti-ve serviees ageneyor a loeal larn enforeement ageney who reports a lrnown orsttspeeted instanee of elder or dependent adtllt abtlse shaHbe eiviHyor eriminalry liable for any report reqttired or attthorizedby thisartiele Any other peIson reporting a lrnOWfior stlspeeted instaneeof elder or dependeItt adttIt abtlse shall not inettr ei vil or eriminalliability as a restllt of any report attthorizedby this artiele ttnlessit ean be pro ven that a false report was made and the person knewthat the report vvasrelse gteJoperson reqtlired to make a reportptlrstlant to this artiele or any person taking photographs at his orher diseretion shall inettr any eivii or eriminalliability fer takingphotographs of a stlspeeted vietim of elder or dependent adtlltabtlse or eattsing photographs to be taken of the stlspeeted vietimor fOIdisseminating the photographs with the reports reqtlired bythis artiele However this seetion shall not be eonstmed to gIantimmttnity from this liability vvithrespeet to any other tlse of thephotographs

(b) No eMe etlstodian el~ member health praetitioner oremployee of an adtlIt proteetive seniees ageney or a loea-l lawenfereemeItt ageney who pttrsttant to a reqtlest from an adttltproteeti-ie seniees ageney or a loeal lavI enforeemeItt ageneyinvestigating a report of lrnOViftor stlspeeted elder or dependentadtllt abtlse proides the reqtlesting ageney with aeeess to thevietim of a lrnovvnor stlspeeted instanee of elder or dependeIttadttlt abtlse shall inettr eiviI or eriminal liability as a restlIt ofpro viding that aeeess

ee) The Legislatttre finds that even thOtlgh it has pIOvidedimmtlnity from liability to peIsons reqtlired to report elder ordependent mit abttse immtlIlity does not eliminate the possibilitythat aetions may be brotlght agamst those persons based tlJ0nreqtlired reports of abtlse In order to fttrther limit the finaneialhardship that those persons may inettr as a resttIt offttlfilling theirlegal responsibilities it is neeessary that they not be tlftreirlybttrdened by legal fees inetlffed in defending those aetionsTherefore a eMeetlstodian ele~ member health praetitioneror employee ofan adttlt proteetive seniees ageney or a loeallffi7t

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enfOieement agene)l ma) present to the CalifeJmia VietimCempensatien and Geemment Claims BeMd a elaim feJrreasenable atteme)s fees inetJifedin any aetien agffinstthat persenen the basis efmMcinga repert reqtlired er attth6rizedb)l this Mtieleif the eeM has dismissed the aetien t1pen a demtlffer el metienfur sttmillM)lj tldgment made b that persen el ifhe er she preailsin the aetien The Califumia Vietim Cempensatien andGeemment Claims Beard shall allew that ehtim if thereqtlirements ef this sttbdi isien Me met and the elaim shall bepaid fl6man fllprepriatien te be made fur that ptllpese Atteme) sfees aarded ptliStlMltto this seetien shall net exeeedan hetlilyrate greater than the late eharged b the Attemey General at thetime the aard is made and sh8llnet exeeedan aggregate amettllteffitty thetlsanBdellMs ($50000) This sttbdF isien shall net applyif a pttblie enti) has pmbullided fer the defense ef the aetien ptlistlantte Seetien 995 ef the Ge emment Cede

(6) This seetien shall beeeme eperatie en JMttlM)12013SEC 7 Section 15640 of the Welfare and Institutions Code

as amended by Section 9 of Chapter 140 of the Statutes of2005is amended to read

15640 (a) (1) An adult protective services agency shallimmediately or as soon as practically possible report by telephoneto the law enforcement agency having jurisdiction over the caseany known or suspected instance of criminal activity and to anypublic agency given responsibility for investigation in thatjurisdiction of cases of elder and dependent adult abuse everyknown or suspected instance of abuse pursuant to Section 15630or 156301 of an elder or dependent adult A county adult protectiveservices agency shall also send a written report thereof within twoworking days of receiving the information concerning the incidentto each agency to which it is required to make a telephone reportunder this subdivision Prior to making any cross-report ofallegations of financial abuse to law enforcement agencies anadult protective services agency shall first determine whether thereis reasonable suspicion of any criminal activity

(2) If an adult protective services agency receives a report ofabuse alleged to have occurred in a long-term care facility thatadult protective services agency shall immediately inform theperson making the report that he or she is required to make thereport to the long-term care ombudsman program or to a local law

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enforcement agency The adult protective services agency shallnot accept the report by telephone but shall forward any writtenreport received to the long-term care ombudsman

(b) If an adult protective services agency or local lawenforcement agency or ombudsman program receiving a report ofknown or suspected elder or dependent adult abuse determinespursuant to its investigation that the abuse is being committed bya health practitioner licensed under Division 2 (commencing withSection 500) of the Business and Professions Code or any relatedinitiative act or by a person purporting to be a licensee the adultprotective services agency or local law enforcement agency orombudsman program shall immediately or as soon as practicallypossible report this information to the appropriate licensingagency The licensing agency shall investigate the report in lightof the potential for physical harm The transmittal of informationto the appropriate licensing agency shall not relieve the adultprotective services agency or local law enforcement agency orombudsman program of the responsibility to continue its owninvestigation as required under applicable provisions of law Theinformation reported pursuant to this paragraph shall remainconfidential and shall not be disclosed

(c) A local law enforcement agency shall immediately or assoon as practically possible report by telephone to the long-termcare ombudsman program when the abuse is alleged to haveoccurred in a long-term care facility or to the county adultprotective services agency when it is alleged to have occurredanywhere else and to the agency given responsibility for theinvestigation of cases of elder and dependent adult abuse everyknown or suspected instance of abuse of an elder or dependentadult A local law enforcement agency shall also send a writtenreport thereof within two working days of receiving the informationconcerning the incident to any agency to which it is required tomake a telephone report under this subdivision

(d) A long-term care ombudsman coordinator may report theinstance of abuse to the county adult protective services agencyor to the local law enforcement agency for assistance in theinvestigation of the abuse if the victim gives his or her consent Along-term care ombudsman program and the Licensing andCertification Division ofthe State Department ofIIealth SeI ieesPublic Health shall immediately report by telephone and in writing

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AB518 -20-

1 within two working days to the bureau any instance of neglect2 occurring in a health care facility that has seriously harmed any3 patient or reasonably appears to present a serious threat to the4 health or physical well-being of a patient in that facility If a victim5 or potential victim of the neglect withholds consent to being6 identified in that report the report shall contain circumstantial7 information about the neglect but shall not identify that victim or8 potential victim and the bureau and the reporting agency shall9 maintain the confidentiality of the report until the report becomes

lOa matter of public record11 (e) When a county adult protective services agency a long-term12 care ombudsman program or a local law enforcement agency13 receives a report of abuse neglect or abandonment of an elder or14 dependent adult alleged to have occurred in a long-term care15 facility that county adult protective services agency long-term16 care ombudsman coordinator or local law enforcement agency17 shall report the incident to the licensing agency by telephone as18 soon as possible19 (f) County adult protective services agencies long-term care20 ombudsman programs and local law enforcement agencies shall21 report the results of their investigations of referrals or reports of22 abuse to the respective referring or reporting agencies23 Eg) This seeti6n shall remain in dIcet 6ny tlfttilJ~ 1201324 and as 6f that date is repealed unless a later enaeted stMttte that25 is enaeted bef6re Janttary 12013 deletes 6r extends that date26 SEC 8 Section 15640 of the Welfare and Institutions Code27 as added by Section 10 of Chapter 140 of the Statutes of 2005 is28 repealed 29 15640 Ea) E1) An adult pr6teeti e sen iees ageney shall30 immediate) 6r as S66nas praetieal) p6ssible rep6rt 0 te1eph6ne31 t6 the la~ enf6reement ageney haing jttrisdieti6n 6er the ease32 an kntMfl6r suspeeted instanee 6f eriminal aeth it) and t6 any33 pttblie agene gien resp6nsibilit) f6r illestigMi6n in that34 jurisdieti6n 6f eases 6f elder and dependent adttlt abuse eery35 kfl6n6r suspeeted instanee 6f aetlse purstlant t6 Seeti6n 1563036 6f an elder 6r dependent adttlt A e6t11ltyadttlt pr6teeti e sen iees37 ageney shall als6 send a TV ritten rep6rt there6f Vv ithin ti 6 V 6rking38 days 6f reeeiving the inwrmati6n e6neeming the ineident t6 eaeh39 ageney t6 vv hieh it is reqtlired t6 make a teleph6ne Iep6rt tlftder40 this subdiisi6n Pri6r t6 making an er6SSIep6rt 6f allegati6ns

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-21- AB518

offilumeial abttse to lavvenforeemertt a-geneiesMladult proteetFesen iees agene) shaH first determine whether there is reasonablesuspieion of tmJ eriminM aeti vit

(2) If an adult proteeti ve sen iees agene) reeei ves a report ofabttse alleged to ha ve oeettlTed in a long teml eare faeilit) thatadttlt proteeti ve sen iees ageney shall immediate) infoml theperson making the report that he or she is required to make thereport to the long term eare ombttdsman program 01 to aloeallawenforeemertt a-geneyThe adttlt proteeti ve sen iees agene) shallnot aeeept the report b) telephone btlt shall fonvMd flit) vvTittenreport leeehed to the long teml eare ornbtldsman

(b) If an adtllt proteetive seniees ageney or loeal lawenforeement agene) or ornbtldsman program reeei vinga report ofkftovm or stlspeeted elder or dependent adttlt MtlSe determinespttrstlartt to its inYestigationthat the flbttseis being eommitted bya health 11aetitioner lieensed tlftder Division 2 (eonJffieneingwithSeetion 500) of the Btlsiness flftdProfessions Code or flit) lelatedinitiatiye aet or by a person ptlrporting to be a lieensee the adtlltproteetive seniees a-gene) or loeallaw enforeement agene) orombttdsman program shall immediate) or as soon as praetieall)possible report this mformation to the appropriate lieensingagene) The lieensing agene) shall investigate the report in lightof the poterttial fur ph) sieal hamlThe trMlsmittfllof informationto the appropriate lieensing agene) shall not relieve the adtlltproteethe serviees agene) or loeallaw enforeement agene) orornbtldsmflft program of the responsibility to eorttinue its 0~vninvestigation as reqttired tlftder applieable provisions of law Theinformation reported pttrstlant to this paragraph shall remaineoniiderttial flItdshfl11not be diselosed

(e) A loealla bullbull enforeement agefte) shall immediate) or assoon as praetieal) possible report b) telephone to the long termeare ombtldsman program bullbullhen the abtlse is alleged to haveoeetllTed in a long term eare faeilit) or to the eotlnt) adttltproteetive seniees agene) bullbullhen it is alleged to have oeeUlfedan) vvhere else flftd to the agene) gh en responsibilit) for theinvestigation of eases of elder and dependent adttlt abtlse everykftovm or stlspeeted instflftee of MtlSe of an elder or dependerttadttlt A loeallaw enforeement ageney shall also send a Ylfittenreport thereof bullbullithin ftv0 vvorking dfl)s ofreeei ving the infomlation

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AB518 -22-

eoneeming the ineident to an agenC) to vvhieh it is reqtlired toftutke a telephone report tlIlderthis stlbdh ision

Ed) A long tenn eare ombttdsman eoordinator mll) report theinstlllleeof abtlse to the eot1llryadttlt proteetive seniees ageneyor to the loeal la bullbull enforeement agenC) for assistlllleein theinvestigationof the abttse if the vietim gives his or her eonsent Along tenn eMe ombtldsmllllprogram llIldthe Lieensing llIldCertifieation Division of the State DepMtment ofIIealth Senieesshall immediately report b telephone llIldin vvriting vvithin hiv0tv orkingdll) s to the bm eatl an instlllleeof negleet oeet1ffingin ahealth eare faeiliry that has seriotlsl hMmed an patient orreasonably appeMs to present a seriotls threat to the health orph sieal vvell being of a patient in that ffteiliry If a J ietim orpotential TV ietim of the neglect vithholds eonsent to being identifiedin that report the report shall eontain eirettmstlllltialinformationabom the negleet bm shall not identif) that vietim or potentialvietim and the bttreatl llIldthe reporting agenC) shall maintain theeoniidentialiry of the report tlntil the report beeomes a matter ofptlblie reeord

Ee) hen a eotlllryadttlt proteeti ve sen iees agenC) a long termeare ombtldsman program or a loeal la enforeement ageneyreeeives a report ofabttse negleet or ablllldonmentofllllelder ordependent adttlt alleged to have oeet1ffedin a long term earefaeiliry that eotlnty adtllt proteeti ve sen iees agenC) long termeare ombtldsmlllleoordinator or loeallavv enforeement ageneyshall report the ineident to the lieensing agene b telephone assoon as possible

ED COtl1lt)adtllt proteetive seniees ageneies long term eareombttdsman programs and 10ea1lavvenforeement ageneies shallreport the restllts of their investigations of referrals or reports ofabtlse to the respeetive referring or reporting ageneies

Eg) This seetion shall beeome operative on JllIlt1flry12013SEC 9 Section 156555 of the Welfare and Institutions Code

as amended by Section 11 of Chapter 140 of the Statutes of 2005is amended to read

156555 A county adult protective services agency shallprovide the organizations listed in paragraphs (v) (w) and (x) ofSection 1561017 and mandated reporters of suspected financialabuse of an elder or dependent adult pursuant to Section 156301with instructional materials regarding abuse and neglect of an elder

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1 or dependent adult and their obligation to report under this chapter2 At a minimum the instructional materials shall include the3 following4 (a) An explanation of abuse and neglect of an elder or dependent

adult as defined in this chapter6 (b) Information on how to recognize potential abuse and neglect7 of an elder or dependent adult8 (c) Information on how the county adult protective services9 agency investigates reports of known or suspected abuse and

neglect11 (d) Instructions on how to report known or suspected incidents12 of abuse and neglect including the appropriate telephone numbers13 to call and what types of information would assist the county adult14 protective services agency with its investigation of the report

(e) This seetion shall remain in eifcet only tlfttil Jflfttlttry 1 201316 and as of that date is repealed tmless a later enaeted stattlte that17 is enaeted before Jafttlttry 12013 deletes or extends that date18 SEC 10 Section 156555 of the Welfareand Institutions Code19 as amended by Section 712 of Chapter 538 of the Statutes of2006

is repealed21 156555 A eottftt) achtlt proteetive serviees agene) shall22 pmvide the organi2ations listed in paragraphs (v) (vv) and Ex) of23 Seetion 1561017 with instItletional materials regarding elder and24 dependent achtlt abtlse and negleet and their obligation to report

under this ehapter At a minimum the instruetional materials shall26 inelude the follovving27 (a) An explanation of elder and dependent achtlt abuse and28 negleet as defined in this ehapter29 (b) Information on how to reeogni2e potential elder and

dependent achtlt abuse and negleet31 (e) Information on ho vIthe eottftt) achtlt proteeti ve serv iees32 agene) investigates reports of knovm or suspeeted abuse and33 negleet34 (d) Instmetions on hovv to report ]movvn or suspeeted ineidents

of abuse and negleet ineltlding the appropriate telephone llt11llbers36 to eall and what rypes of information vvould assist the eount) adult37 proteetirv e sen iees agene) with its in (estigation of the report38 (e) This seetion shall beeome operati e on January I 20 13

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AB 608 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 608Pan

Health care coverage telemedicine

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to health care

httpwww1eginfocagovpubII-12Ibillasmab_0601-0650ab _608_ bill_ 20120201_status 652012

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AB 783 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 783AUTHOR(S) HayashiTOPIC Professional corporations licensed physical therapists

and occupational therapists+LAST AMENDED DATE 04072011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

COMMCOMMCOMM

HIST ACT DATEHIST ACTION

From committeeRule 62(a)

LOCATION SENACTION DATEACTION

06282011In committee Set second hearing Failed passagewithout further action pursuant to Joint

LASTLAST

BUSINESS PROFESSIONS AND ECONOMIC DEVELOPMENT06272011

Set second hearing Failed passage in Committee

TITLE An act to amend Section 2406 of the Business andProfessions Code and to amend Section 134015 of theCorporations Code relating to professional corporations

httpwwwleginfocagovpub11-12billasmab_0751-0800ab_783_bill_20111115_status 652012

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AMENDED IN ASSEMBLY APRIL 7 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 783

Introduced by Assembly Member Hayashi

February 172011

An act to amend Section 2406 of the Business and Professions Codeand to amend Section 134015 of the Corporations Code relating toprofcssiemal eorporations and deelaring the mgeney thereof to tttkeeffeet immediatelyprofessional corporations

LEGISLATIVE COUNSELS DIGEST

AB 783 as amended Hayashi Professional corporations licensedphysical therapists and occupational therapists

Existing law regulating professional corporations provides that certainhealing arts practitioners may be shareholders officers directors orprofessional employees of a medical corporation-er-a podiatric medicalcorporation or a chiropractic corporation subject to certain limitations

This bill would add licensed physical therapists and licensedoccupational therapists to the list of healing arts practitioners who maybe shareholders officers directors or professional employees of thosecorporations The bill would also make conforming changes to a relatedprovision

This bill vv otlld deelare that it is to take etteet immediately as anmgeney statttte

Vote -majority Appropriation no Fiscal committee noState-mandated local program no

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AB783 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 2406 of the Business and Professions2 Code is amended to read3 2406 A medical corporation or podiatry corporation is a4 corporation that is authorized to render professional services as

defined in Sections 13401 and 134015 ofthe Corporations Code6 so long as that corporation and its shareholders officers directors7 and employees rendering professional services who are physicians8 and surgeons psychologists registered nurses optometrists9 podiatrists chiropractors acupuncturists naturopathic doctors

physical therapists or in the case of a medical corporation only11 physician assistants marriage and family therapists or clinical12 social workers are in compliance with the Moscone-Knox13 Professional Corporation Act the provisions of this article and all14 other statutes and regulations now or hereafter enacted or adopted

pertaining to the corporation and the conduct of its affairs16 With respect to a medical corporation or podiatry corporation17 the governmental agency referred to in the Moscone-Knox18 Professional Corporation Act is the board19 SEC 2 Section 134015 of the Corporations Code is amended

to read21 134015 Notwithstanding subdivision (d) of Section 1340122 and any other provision of law the following licensed persons23 may be shareholders officers directors or professional employees24 of the professional corporations designated in this section so long

as the sum of all shares owned by those licensed persons does not26 exceed 49 percent ofthe total number of shares of the professional27 corporation so designated herein and so long as the number of28 those licensed persons owning shares in the professional29 corporation so designated herein does not exceed the number of

persons licensed by the governmental agency regulating the31 designated professional corporation32 (a) Medical corporation33 (1) Licensed doctors of podiatric medicine34 (2) Licensed psychologists

(3) Registered nurses36 (4) Licensed optometrists37 (5) Licensed marriage and family therapists38 (6) Licensed clinical social workers

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-3-

(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists(10) Naturopathic doctors(11) Licensed physical therapists(12)Licensed occupational therapists(b) Podiatric medical corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed optometrists(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(8) Licensed physical therapists(9) Licensed occupational therapists(c) Psychological corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Registered nurses(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed chiropractors(8) Licensed acupuncturists(9) Naturopathic doctors(d) Speech-language pathology corporation(1) Licensed audiologists(e) Audiology corporation(1) Licensed speech-language pathologists(t) Nursing corporation(l) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists

AB783

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AB783 -4-

(10) Naturopathic doctors(g) Marriage and family therapy corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed clinical social workers(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(h) Licensed clinical social worker corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed marriage and family therapists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(i) Physician assistants corporation(1) Licensed physicians and surgeons(2) Registered nurses(3) Licensed acupuncturists(4) Naturopathic doctorsG) Optometric corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(k) Chiropractic corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed acupuncturists(9) Naturopathic doctors

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-5- AB783

(10) Licensed physical therapists(11) Licensed occupational therapists(l) Acupuncture corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed physician assistants(9) Licensed chiropractors(10) Naturopathic doctors(m) Naturopathic doctor corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed physician assistants(5) Licensed chiropractors(6) Licensed acupuncturists(7) Licensed physical therapists(8) Licensed doctors of podiatric medicine(9) Licensed marriage family and child counselors(10) Licensed clinical social workers(11) Licensed optometrists(n) Dental corporation(1) Licensed physicians and surgeons(2) Dental assistants(3) Registered dental assistants(4) Registered dental assistants in extended functions(5) Registered dental hygienists(6) Registered dental hygienists in extended functions(7) Registered dental hygienists in alternative practiceSEC 3 This aet is Ml ttrgene statttte neeessary for the

immediatepresenation of the ptlblie peaee hettlihor saferyvvithinthe meMling of Miele IV of the Constittttion Mld shaHgo intoimmediate effeet The fftets eonstitttting the neeessiry Me

In order to 8t1thorizelieensed physieal therapists to beshareholders offieers mreetors or professional employees of

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1 memeal eorpofatiofts andpodiatrie medieal eorpofatiofts as soOft2 as possible it is fteeessary that this aet tftke dIeet immediately

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AB 800 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 800Huber

Boards and commissions time reporting

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to add Section 1156410 to the Government Coderelating to boards and commissions

httpwwwleginfocagovpubI11-12billasmlab_0751-0800ab _800_ bill_20120201_status 652012

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AB 958 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 958Bill Berryhill

Regulatory boards limitations periods

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to Art IV Sec 10(e) of theFrom committee Filed with the Chiefto Joint Rule 56BUSINESS PROFESSIONS AND CONSUMER PROTECTION

TITLE An act to add Section 1105 to and to repeal Sections16702 22305 296005 3137 375051 498205499032 5561 5661 76865 988420 and 98898 of theBusiness and Professions Code relating to regulatoryboards

httpwwwleginfocagovpub11-12lbillasmlab_0951-1 OOOab_958 _bill_ 20120202_ status 652012

AB 1003 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 1003Smyth

Professional and vocational licenses

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to professional and vocational licenses

httpwwwleginfocagovpubll-12Ibillasmlab_l00l-l 050ab_1003 _bill_2012020 I_statu 652012

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AB 1205 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1205AUTHOR(S) Bill BerryhillTOPIC Licensed behavior analysts+LAST AMENDED DATE 04042011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to amend Section 499018 of and to add Chapter52 (commencing with Section 252971) to Division 2 ofthe Business and Professions Code relating to healingarts

httpwwwleginfocagovpub11-12billasmab _120 1-1250ab_1205 _bill_20 120201_statu 652012

AB 1435 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1435AUTHOR(S) Dickinson (Coauthors Alejo Buchanan and Hill) TOPIC Child abuse reporting athletic personnelHOUSE LOCATION SEN+LAST AMENDED DATE OS252012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredState-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS for

LASTLAST

APPROPRIATIONSOS252012

Do pass as amendedAyes 17 Noes OOPASS

TITLE An act to amend Section 111657 of the Penal Coderelating to child abuse reporting

httpwww1eginfocagovpub11-12lbiIVasmab_140 1-1450ab _1435 _bill~0120601_statu 652012

AMENDED IN ASSEMBLY MAY 25 2012

AMENDED IN ASSEMBLY MARCH 21 2012

AMENDED IN ASSEMBLY MARCH 142012

AMENDED IN ASSEMBLY FEBRUARY 29 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1435

Introduced by Assembly Member Dickinson(Coauthors Assembly Members Alejo Buchanan and Hill)

January 4 2012

An act to amend Section 111657 of the Penal Code relating to childabuse reporting

LEGISLATIVE COUNSELS DIGEST

AB 1435 as amended Dickinson Child abuse reporting athleticpersonnel

Existing law the Child Abuse and Neglect Reporting Act requiresa mandated reporter as defined to report whenever he or she in his orher professional capacity or within the scope of his or her employmenthas knowledge of or observed a child whom the mandated reporterknows or reasonably suspects has been the victim of child abuse orneglect Failure to report an incident is a crime punishable byimprisonment in a county jail for a period of up to 6 months a fine ofup to $1000 or by both that imprisonment and fine

This bill would add athletic coaches athletic administrators andathletic directors employed by a public or private organization to thelist of individuals who are mandated reporters The bill otlld reqtlirean ptlblie or pri v ate orgflftizationernplo ing flftathletieeoaen Mhletie

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AB 1435 -2-

ftdministrator or Mhletie direetor to hftve provided initiftl trftining byJflfttlM) I 2014 on speeified mfttters relMing to ehiM a-bttse ftftdnegleetfor those employees On ftftd ftfter lftnuftry 12014 the bill vvottld reeJtlireinitiftl trftining to be pro vided IV ithin 6 months of the dMe ftn indi vidttftlbeeomes employed in thM eftlfteiry The bill vvouM require theseindividuftls to eomplete eontifttling tminmg every 2 yeMs

By imposing the reporting requirements on a new class of personsfor whom failure to report specified conduct is a crime ftftdby imposingne~ trftining reeJtlirements on publie oIgftfiiZMions ineluding loeftlgOvernment entities this bill would impose a state-mandated localprogram

The Cftlifomift Constittltion reqtlires the stMe to reimbtlfse loeftlftgeneies ftnd sehool distriets for eertftin eosts mftftdMed by the stftteStftttltory pItYvisions esffiblish proeedtlfes for mftkffigthftt reimbtlfsement

This bill hould pro vide thM 4vith regMd to eertftin mftftdfttes noIeimbtlfsement is reeJtlired by this ftet for ft speeified reftson

Vith regftM to ftny other mftndMeS this bill vv0tlM pro vide thM if theCommission on StMe ~bndtltes determines thM the bill eontftins eostsso mftndftted by the stftte reimbttIsement for those eosts shftll be mftdeptlfStlftnt to the stftttltory pro visions noted ttbo ve

The California Constitution requires the state to reimburse localagencies and school districts for certain costs mandated by the stateStatutory provisions establish procedures for making thatreimbursement

This bill would provide that no reimbursement is required by this actfor a specified reason

Vote majority Appropriation no Fiscal committee yesState-mandated local program yes

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 111657 of the Penal Code is amended2 to read3 111657 (a) As used in this article mandated reporter is4 defined as any of the following5 (1) A teacher6 (2) An instructional aide7 (3) A teachers aide or teachers assistant employed by any8 public or private schooL9 (4) A classified employee of any public schooL

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-3- AB 1435

1 (5) An administrative officer or supervisor of child welfare and2 attendance or a certificated pupil personnel employee of any public3 or private school4 (6) An administrator of a public or private day camp

(7) An administrator or employee of a public or private youth6 center youth recreation program or youth organization7 (8) An administrator or employee of a public or private8 organization whose duties require direct contact and supervision9 of children

(9) Any employee of a county office of education or the State11 Department of Education whose duties bring the employee into12 contact with children on a regular basis13 (10) A licensee an administrator or an employee of a licensed14 community care or child day care facility

(11) A Head Start program teacher16 (12) A licensing worker or licensing evaluator employed by a17 licensing agency as defined in Section 111651118 (13) A public assistance worker19 (14) An employee of a child care institution including but not

limited to foster parents group home personnel and personnel of21 residential care facilities22 (15) A social worker probation officer or parole officer23 (16) An employee of a school district police or security24 department

(17) Any person who is an administrator or presenter of or a26 counselor in a child abuse prevention program in any public or27 private school28 (18) A district attorney investigator inspector or local child29 support agency caseworker unless the investigator inspector or

caseworker is working with an attorney appointed pursuant to31 Section 317 of the Welfare and Institutions Code to represent a32 mmor33 (19) A peace officer as defined in Chapter 45 (commencing34 with Section 830) of Title 3 of Part 2 who is not otherwise

described in this section36 (20) A firefighter except for volunteer firefighters37 (21) A physician and surgeon psychiatrist psychologist dentist38 resident intern podiatrist chiropractor licensed nurse dental39 hygienist optometrist marriage and family therapist clinical social

worker professional clinical counselor or any other person who

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AB 1435 -4-

is currently licensed under Division 2 (commencing with Section500) of the Business and Professions Code

(22) Any emergency medical technician I or II paramedic orother person certified pursuant to Division 25 (commencing withSection 1797) of the Health and Safety Code

(23) A psychological assistant registered pursuant to Section2913 of the Business and Professions Code

(24) A marriage and family therapist trainee as defined insubdivision (c) of Section 498003 of the Business and ProfessionsCode

(25) An unlicensed marriage and family therapist internregistered under Section 498044 of the Business and ProfessionsCode

(26) A state or county public health employee who treats a minorfor venereal disease or any other condition

(27) A coroner(28) A medical examiner or any other person who performs

autopsies(29) A commercial film and photographic print processor as

specified in subdivision (e) of Section 11166 As used in thisarticle commercial film and photographic print processor meansany person who develops exposed photographic film into negativesslides or prints or who makes prints from negatives or slides forcompensation The term includes any employee of such a personit does not include a person who develops film or makes prints fora public agency

(30) A child visitation monitor As used in this article childvisitation monitor means any person who for financialcompensation acts as monitor of a visit between a child and anyother person when the monitoring of that visit has been orderedby a court of law

(31) An animal control officer or humane society officer Forthe purposes ofthis article the following terms have the followingmeanings

(A) Animal control officer means any person employed by acity county or city and county for the purpose of enforcing animalcontrol laws or regulations

(B) Humane society officer means any person appointed oremployed by a public or private entity as a humane officer who is

95

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-5- AB 1435

qualified pursuant to Section 14502 or 14503 of the CorporationsCode

(32) A clergy member as specified in subdivision (d) of Section11166 As used in this article clergy member means a priestminister rabbi religious practitioner or similar functionary of achurch temple or recognized denomination or organization

(33) Any custodian of records of a clergy member as specifiedin this section and subdivision (d) of Section 11166

(34) Any employee of any police department county sheriffsdepartment county probation department or county welfaredepartment

(35) An employee or volunteer of a Court Appointed SpecialAdvocate program as defined in Rule 1424 ofthe California Rulesof Court

(36) A custodial officer as defined in Section 8315(37) Any person providing services to a minor child under

Section 12300 or 123001 of the Welfare and Institutions Code(38) An alcohol and drug counselor As used in this article an

alcohol and drug counselor is a person providing counselingtherapy or other clinical services for a state licensed or certifieddrug alcohol or drug and alcohol treatment program Howeveralcohol or drug abuse or both alcohol and drug abuse is not inand of itself a sufficient basis for reporting child abuse or neglect

(39) A clinical counselor trainee as defined in subdivision (g)of Section 499912 of the Business and Professions Code

(40) A clinical counselor intern registered under Section 499942of the Business and Professions Code

(41) An athletic coach athletic administrator or athletic directoremployed by a public or private organization including but notlimited to schools and instittttions of higher e6ueation thatprovidekindergarten or any of grades 1 to 12 inclusive

(b) Except as provided in paragraph (35) of subdivision (a)volunteers of public or private organizations whose duties requiredirect contact with and supervision of children are not mandatedreporters but are encouraged to obtain training in the identificationand reporting of child abuse and neglect and are further encouragedto report known or suspected instances of child abuse or neglectto an agency specified in Section 111659

(c) Employers are strongly encouraged to provide theiremployees who are mandated reporters with training in the duties

95

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AB 1435 -6-

imposed by this article This training shall include training in childabuse and neglect identification and training in child abuse andneglect reporting Whether or not employers provide theiremployees with training in child abuse and neglect identificationand reporting the employers shall provide their employees whoare mandated reporters with the statement required pursuant tosubdivision (a) of Section 111665

(d) School districts that do not train their employees specifiedin subdivision (a) in the duties of mandated reporters under thechild abuse reporting laws shall report to the State Department ofEducation the reasons why this training is not provided

(e) Unless otherwise specifically provided the absence oftraining shall not excuse a mandated reporter from the dutiesimposed by this article

(f) Public and private organizations are encouraged to providetheir volunteers whose duties require direct contact with andsupervision of children with training in the identification andreporting of child abuse and neglect

(g) (1) On 6r befure Jttmtary 1 2014 ttll) pttblie 6r privflie6rganizttti6ftemp16ing ttft Mhletie e6tteh Mhletie ttdmimstrltt6r6r Mhletie direet6r ttSspeeified ift pMttgrttph (41) 6f sttbdivisi6ft(tt) shttll pr6 vide iftitittl trttining f6r th6se empl~ ees 6n thefull6vvingmtttters

(A) The identifiettti6n 6f ehild ttbttse ttnd negleet(D) Aeti vities thttt e6ftstitttte inltppr6prittte ttftd illegttl e6ntttet

betiveen tt 6tlth ltftd ltft ttthietie e6tteh Mhletie ttdmiftistrttt6r 6rttthietie direet6r

(6) The resp6nsibilities 6f tt pers6n identified lIStt mttndfliedrep6rter in this seeti6n ineIttding btl ft6t limited t6 ttll 6f thefull6 vving

(i) T6 ~h6m tt rep6rt is reqtlired t6 be mttde(ii) The inf6rmttti6n thttt is reqttired t6 be ifte1ttdedin tt rep6rt(iii) The time vvithiftvvhieha mandated rep6rter is reqttired t6

file tt rep6rt(2) Initittl training shall be pr6vided b perS6ftSkn6vvledgeltble

ift the identifiettti6n 6fehild aettse ttnd negleet inltppf6prittte ltftdillegal e6ntaet bem eena 6ttth and ltftadttIt ltftdstatttt6ry rep6rtingreqttiremeftts ltftdshttll e6nsist 6ftw6 h6ttrs 6felassr66m 6r 6therinteraetive trainiftg ltftdedttettti6n

95

-7- AB 1435

1 (h) Commeneing on fmd aftel Jfmtlftry12014 fmofgfmization2 speeified in sttbdivision (g) shaHpro ide initial training within six3 months of the date that fm individtutl beeomes empleryed as an4 Mhletie eoaeh athletie administrator or athletie direetor ttnless5 the indi idttal reeei ed training Hithin tw0 years prior to the date6 the indi idtlal is empleryed An Mhletie eoaeh athletie7 administrator or athletie direetor Hho has leeeied initial training8 ptlfStlafttto sttbdiision (g) shall eomplete eontifttling training9 thereafter onee eery two years eonsisting of one hottf of

10 elassroom or other interaeti e training fmd edtteation11 SEC 2 No reimbtlrsement is reqtlired by this aet pttfStlafttto12 Seetion 6 ofArtiele )GIlD of the California Constitution for eertain13 eosts that may be inetllTed by a loeal ageney or sehool distriet14 beeatlse ift that regard this aet ereates a nev erime or infraetion15 eliminates a erime or infraetion or ehfmges the penalty fOfa erime16 or inflaetion Hithin the meaning of Seetion 17556 of the17 Goemment Code or ehanges the definition ofa elime Hithin the18 meaning of Seetion 6 of Aniele XIII D of the Califomia19 Constitution20 IIo~eer if the Commission on State Mfmdates determines that21 this aet eontainsother eosts mfmdated by the state reimbttfsement22 to loeal ageneies fmd sehool distliets for those eosts shall be made23 ptlfStlafttto Part 7 (eommeneing Hith Seetion 17500) of Division24 4 of Title 2 of the Goemment Code25 SEC 2 No reimbursement is required by this act pursuant to26 Section 6 of Article XIII B of the California Constitution because27 the only costs that may be incurred by a local agency or school28 district will be incurred because this act creates a new crime or29 infraction eliminates a crime or infraction or changes thepenalty30 for a crime or infraction within the meaning of Section 17556 of31 the Government Code or changes the definition of a crime within32 the meaning of Section 6 of Article XIII B of the California33 Constitution

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AB 1904 Assembly Bill Status

MEASURE AUTHOR(S)TOPIC

HOUSE

CURRENT BILL STATUS

AB No 1904Block Butler and

Professions and vocationslicenses

LOCATION

Cookmilitary spouses temporary

TYPE OF BILL

SEN

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyAppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpub11-12billasmab _1901-1950ab _1904_ bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes Noes OOPASS17

An act to add Section 1155 to the Business andProfessions Code relating to professions and vocationsand making an appropriation therefor

-

AB 1588 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1588AUTHOR(S) Atkins (Principal coauthors Cook and Nielsen)

(Coauthors Block Beth Gaines Pan V Manuel PerezWilliams and Yamada)

TOPIC Professions and vocations reservist licensees fees andcontinuing education

HOUSE LOCATION SEN+LAST AMENDED DATE 03052012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS forLAST

LAST

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

TITLE An act to add Section 1143 to the Business andProfessions Code relating to professions and vocations

htlpllwwwleginfocagovpubll-12Ibillasmlab _1551-1600ab _1588 _bill_20120601_statu 652012

middot

AMENDED IN ASSEMBLY MARCH 5 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1588

Introduced by Assembly Member Atkins(Principal coauthors Assembly Members Cook and Nielsen)

(Coauthors Assembly Members Block Beth Gaines PanV Manuel Perez Williams and Yamada)

February 6 2012

An act to add Section 1143 to the Business and Professions Coderelating to professions and vocations

LEGISLATIVE COUNSELS DIGEST

AB 1588 as amended Atkins Professions and vocations reservistlicensees fees and continuing education

Existing law provides for the regulation of various professions andvocations by boards commissions or bureaus within the Departmentof Consumer Affairs and for the licensure or registration of individualsin that regard Existing law authorizes any licensee whose licenseexpired while he or she was on active duty as a member of the CaliforniaNational Guard or the United States Armed Forces to reinstate his orher license without examination or penalty if certain requirements aremet

This bill would require the boards commissions or bureaus describedabove to waive the renewal fees and continuing education requirementsif either is applicable of any licensee or registrant who is a reservistcalled to active duty as a member of the United States Military Reserveor the California National Guard if certain requirements are met

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

98

AB 1588 -2-

Thepeople of the State of Califomi a do enact asfollows

1 SECTION 1 Section 1143 is added to the Business and2 Professions Code to read3 1143 Notwithstanding any other provision oflaw everyboard4 commission or bureau within the department shall waive the5 renewal fees and continuing education requirements if either is6 applicable for any licensee or registrant who is a reservist called7 to active duty as a member of the United States Military Reserve8 or the California National Guard if all of the following9 requirements are met

10 (a) The licensee or registrant was in good standing with the11 board commission or bureau at the time the reservist was called12 to active duty13 (b) The renewal fees or continuing education requirements are14 waived only for the period during which the reservist is on active15 duty service16 (c) The active duty reservist or the active duty reservists spouse17 or registered domestic partner provides written notice satisfactory18 to the board commission or bureau that substantiates the19 reservists active duty service

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98

AB 1896 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1896AUTHOR(S) ChesbroTOPIC Tribal health programs health care practitionersHOUSE LOCATION SEN+LAST AMENDED DATE 03272012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATIONCOMM ACTION DATECOMM ACTIONCOMM VOTE SUMMARY

ASM

05172012Referred to Com on B P amp EDBUSINESS PROFESSIONS AND CONSUMER PROTECTION04102012

Do passAyes 09 Noes OOPASS

TITLE An act to amend the heading of Article 10 (commencingwith Section 710) of Chapter 1 of Division 2 of and toadd Section 719 to the Business and Professions Coderelating to healing arts

httpwwwleginfocagovpubI11-12lbillasmab_1851-1900ab_1896_bill_20120517 _statu 652012

-

AMENDED IN ASSEMBLY MARCH 27 2012

CALIFORNIA LEGISLATURE-20II-12 REGULAR SESSION

ASSEMBLY BILL No 1896

Introduced by Assembly Member Chesbro

February 222012

An act to amend the heading of Article 10 (commencing with Section710) of Chapter 1 of Division 2 of and to add Section 719 to theBusiness and Professions Code relating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1896 as amended Chesbro Tribal health programs health carepractitioners

Under existing federal law licensed health professionals employedby a tribal health program are required to be exempt if licensed in anystate from the licensing requirements of the state in which the tribalhealth program performs specified services A tribal health program isdefined as an Indian tribe or tribal organization that operates any healthprogram service function activity or facility funded in whole or partby the Indian Health Service

Existing law provides for the licensure and regulation of health carepractitioners by various healing arts boards within the Department ofConsumer Affairs

This bill would codify that federal requirement by specifying that aperson who is licensed as a health care practitioner in any other stateand is employed by a tribal health program is exempt from any statelicensing requirement with respect to acts authorized under thepersonslicense where the tribal health program performs specified services

Vote majority Appropriation no Fiscal committee noState-mandated local program no

98

AD 1896 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 The heading of Article 10 (commencing with2 Section 710) of Chapter 1 of Division 2 of the Business and3 Professions Code is amended to read456789

101112131415161718192021

Article 10 Federal Personnel and Tribal Health Programs

SEC 2 Section 719 is added to the Business and ProfessionsCode to read

719 (a) A person who is licensed as a health care practitionerin any other state and is employed by a tribal health program asdefined in Section 1603 of Title 25 of the United States Code shallbe exempt from any licensing requirement described in this divisionwith respect to acts authorized under the persons license wherethe tribal health program performs the services described in thecontract or compact of the tribal health program under the IndianSelf-Determination and Education Assistance Act (25 USC Sec450 et seq)

(b) For purposes of this section health care practitioner meansany person who engages in acts that are the subject of licensureor regulation under this division or Ml) initiative 8et referred to inthis division the law of any other state

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98

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1904

Introduced by Assembly Members Block Butler and Cook

February 222012

An act to add Section 1155 to the Business and Professions Coderelating to professions and vocations and making an appropriationtherefor

LEGISLATIVE COUNSELS DIGEST

AB 1904 as introduced Block Professions and vocations militaryspouses temporary licenses

Existing law provides for the licensure and regulation of variousprofessions and vocations by boards within the Department of ConsumerAffairs Existing law provides for the issuance of reciprocal licenses incertain fields where the applicant among other requirements has alicense to practice within that field in another jurisdiction as specifiedUnder existing law licensing fees imposed by certain boards withinthe department are deposited in funds that are continuously appropriated

This bill would authorize a board within the department to issue atemporary license to an applicant who among other requirements holdsan equivalent license in another jurisdiction as specified and is marriedto or in a legal union with an active duty member of the Armed Forcesofthe United States who is assigned to a duty station in California underofficial active duty military orders The bill would require a board toexpedite the process for issuing these temporary licenses The bill wouldrequire the applicant to pay any fees required by the board and wouldrequire that those fees be deposited in the fund used by the board toadminister its licensing program To the extent that the bill would

99

AB 1904 -2-

increase the amount of money deposited into a continuously appropriatedfund the bill would make an appropriation

Vote majority Appropriation yes Fiscal committee yesState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 1155 is added to the Business and2 Professions Code to read3 1155 (a) A board within the department may issue a4 temporary license to an applicant who meets all of the following5 requirements6 (l) Submits an application in the manner prescribed by the7 board8 (2) Supplies evidence satisfactory to the board that the applicant9 is married to or in a domestic partnership or other legal union

10 with an active duty member of the Armed Forces of the United11 States who is assigned to a duty station in this state under official12 active duty military orders13 (3) Holds a current license in another state district or territory14 of the United States with the requirements that the board determines15 are substantially equivalent to those established under this code16 for that occupation17 (4) Has not committed an act in anyjurisdiction that would have18 constituted grounds for denial suspension or revocation of the19 license under this code at the time the act was committed20 (5) Has not been disciplined by a licensing entity in another21 jurisdiction and is not the subject of an unresolved complaint22 review procedure or disciplinary proceeding conducted by a23 licensing entity in another jurisdiction24 (6) Pays any fees required by the board Those fees shall be25 deposited in the applicable fund or account used by the board to26 administer its licensing program27 (7) Submits fingerprints and any applicable fingerprinting fee28 in the manner required of an applicant for a regular license29 (b) A board shall expedite the procedure for issuing a temporary30 license pursuant to this section31 (c) A temporary license issued under this section shall be valid32 for 180 days except that the license may at the discretion of the

99

-3- AB 1904

I board be extended for an additional180-day period on application2 of the license holder3 (d) A board may adopt regulations necessary to administer this4 section

o

99

AB 1932 Assembly Bill Status

MEASURE AUTHOR(S)TOPICHOUSE+LAST

CURRENT BILL STATUS

AB No 1932Gorell (Coauthor Cook)

United States armed services healing arts boardsLOCATION SENAMENDED DATE 04172012

TYPE OF BILL

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpubI11-12Ibillasmab_1901-1950ab_1932_bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

An act to add Section 7102 to the Business andProfessions Code relating to healing arts

-

AMENDED IN ASSEMBLY APRIL 172012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1932

Introduced by Assembly Member-Ceek Gorell(Coauthor Assembly Member Cook)

February 222012

An act to add Section 7102 to the Business and Professions Coderelating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1932 as amended euroook Gorell United States armed serviceshealing arts boards

Existing law provides for the licensure and regulation of varioushealing arts professions and vocations by boards within the Departmentof Consumer Affairs Existing law requires the rules and regulations ofthese healing arts boards to provide for methods of evaluating educationtraining and experience obtained in military service if such training isapplicable to the requirements of the particular profession or vocationregulated by the board Under existing law the Department of VeteransAffairs has specified powers and duties relating to various programsserving veterans

This bill would require by January 12014 and annually thereafterevery healing arts board to issue a specified written report to theDepartment of Veterans Affairs and the Legislature as specified thatclearly details the methods of evaluating the education training andexperience obtained in military service and whether that educationtraining and experience is applicable to the boards requirements forlicensure The bill would declare the intent of the Legislature in thisregard

98

AB 1932 -2-

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 710 of the Business and Professions Code2 was enacted in 1969 and because healing arts boards have not3 demonstrated significant compliance with that section it is the4 intent of the Legislature to establish an annual reporting5 requirement to compel these boards to provide information about6 the methods of evaluating education training and experience7 obtained in military service in order to meet the needs of the8 upcoming wave of armed service members returning to civilian9 life

10 SEC 2 Section 7102 is added to the Business and Professions11 Code to read12 7102 (a) By January 12014 and annually thereafter every13 healing arts board described in this division shall issue a written14 report to the Department of Veterans Affairs and to the Legislature15 that clearly details the methods of evaluating the education16 training and experience obtained in military service and whether17 that education training and experience is applicable to the boards18 requirements for licensure This written report shall include but19 not be limited to quantitative information about the number of20 service members who have applied for and have used their military21 education training and experience to fulfill the boards22 requirements for licensure23 (b) (1) The requirement to submit a report to the Legislature24 under subdivision (a) shall be inoperative on January 1 201825 pursuant to Section 102315 of the Government Code26 (2) A report to the Legislature shall be submitted in compliance27 with Section 9795 of the Government Code

o

98

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      • AGENDA ITEM 4
      • DISCUSSION AND POSSIBLE ACTION REGARDING PENDING LEGISLATION
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                  • AB 171 Assembly Bill- Status
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                                                                                                                                                                                          • AB 958 Assembly Bill- Status
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Page 22: DISCUSSION ANDPOSSIBLE ACTION REGARDING PENDING … · 2012-06-14  · Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of2010 (PublicLaw 111-152)

AB439 -6-

1 treasurer of the city in which the judgment was entered and one-half2 to the treasurer of the county in which the judgment was entered3 (3) If the action is brought by a city attorney of a city and4 county the entire amount of the penalty collected shall be paid to5 the treasurer of the city and county in which the judgment was6 entered7 (4) Nothing in this section shall be construed as authorizing8 both an administrative fine and civil penalty for the same violation9 (5) Imposition of a fine or penalty provided for in this section

10 shall not preclude imposition of any other sanctions or remedies11 authorized by law12 (6) Administrative fines or penalties issued pursuant to Section13 128015 of the Health and Safety Code shall offset any other14 administrative fine or civil penalty imposed under this section for15 the same violation16 (g) For purposes of this section knowing and willful shall17 have the same meanings as in Section 7 of the Penal Code18 (h) No person who discloses protected medical information in19 accordance with the provisions of this part shall be subject to the20 penalty provisions of this part

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AB 518 Assembly Bill Status Page I of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPICHOUSE+LAST

AB No 518Wagner

Elder and dependentLOCATION SENAMENDED DATE

adult abuse mandated reporters

03232011

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATION

06062011In committee Hearing postponed by committee

SEN BANKING AND FINANCIAL INSTITUTIONS

TITLE An act to repeal Section 7480 of the Government Codeand to amend Section 156301 of and to amend and repealSections 15633 15634 15640 and 156555 of theWelfare and Institutions Code relating to elder anddependent adult abuse

httpwwwleginfocagovpubll-12Ibillasmab_ 0501-0550ab_518_bill_2011 0615_status 652012

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AMENDED IN ASSEMBLY MARCH 23 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 518

Introduced by Assembly Member Wagner

February 152011

Aft aet to amend Seetion 156301 of the Welfare and InstittttionsCode relating to elder abtlse An act to repeal Section 7480 of theGovernment Code and to amend Section 156301 of and to amend andrepeal Sections 15633 15634 15640 and 156555 of the Welfare andInstitutions Code relating to elder and dependent adult abuse

LEGISLATIVE COUNSELS DIGEST

AB 518 as amended Wagner Elder and dependent adult abusemandated reporters

Existing law the Elder Abuse and Dependent Adult Civil ProtectionAct establishes procedures for the reporting investigation andprosecution of elder and dependent adult abuse including but notlimited to financial abuse as defined These procedures require personsdefined as mandated reporters to report known or suspected instancesof elder or dependent adult abuse A violation of the reportingrequirements by a mandated reporter is a misdemeanor Existing lawwhich will be repealed on January 12013 defines who is a mandatedreporter of suspected financial abuse of an elder or dependent adult Aviolation ofthe financial abuse reporting requirements is subject to civilpenalties

This bill would delete the January 1 2013 repeal date and makeconforming changes

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

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The people of the State of California do enact asfollows

1 SECTION 1 Section 7480 of the Government Code as2 amended by Section 2 of Chapter 234 of the Statutes of 2008 is3 repealed4 7480 Nothing in this ehapter prohibits an) of the following

(a) The dissemination of an) finaneial information that is not6 identified with or identifiable as being deri ved from the fiftMleial7 reeords of a partietllar etlstomer8 (b) When any poliee or sheriffs department or distriet attorney9 in this state eertines to a bank eredit tlftion or savin-gsassoeiation

in 4vritingthat a erime report has been filed that involves the11 alleged fratldttlent tlse of drafts eheeks or other orders drawfl12 tlJon MtY bank eredit tlftion or Sltv ings assoeiation in this state13 the poliee or sheriffs department or distriet attomey a eotlnty14 adttlt proteeti-ve sen iees oftiee 4vhen investigating the finaneial

abttse of an elder or dependent adttlt or a long term eare16 ombttdsman when investigating the finaneial abttse of an elder or17 dependent adttlt rna reqtlest a bank eredit tlftion or savings18 assoeiation to fttmish and a bank eredit tlftion or savings19 assoeiation shall fttmish a statement setting forth the folIowing

information with respeet to a etlstomer aeeotlnt speeified b) the21 reqttesting parry for a period 30 da s prior to and tlJ to 30 da) s22 following the date ofoeetnTenee of the alleged illegal aet invohin-g23 the aeeotlftt24 (1) The Itttftlber of items dishonored

(2) The nttmber of items paid that ereated Oierdrafts26 (3) The dollar volttme of the dishonored items and items paid27 whieh ereated overdrafts and a statement explaining an) eredit28 atTangementbetween the bank eredit tlftion or savin-gsassoeiation29 and etlstomer to pa) 0verdrafts

(4) The dates and amotlnts of deposits and debits and the aeeotlftt31 balanee on these dates32 (5) A eoJry of the signattlre eard inelttding the signattlre and33 an) addresses appearing on a etlstomers signattlre eard34 (6) The date the aeeottnt opened and ifapplieable the date the

aeeotlnt elosed36 (7) A bank eredit tlftion or saTvingsassoeiation that proiides37 the reqtlesting part) vvith eopies of one or more eomplete aeeottnt

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-11- AB518

the taxpa er (2) the (iireet deposit refund bullbullas not rettlmed to theFranehise Tax Board and (3) the remnd TnaSdeposited direetlyon a speeifled date into the aeeotlftt of an aeeotmtholder of theflnaneial instittttion bullbullho bullbullas not entitled to reeei v e the refttndthen the flnaneial instittttion shall fttntish to the Franehise TaxBoard the name and address ofan eoo w ner eosigtter or an otherperson bullbullho had aeeess to the mnds in the aeeotlttt follo bullbulling thedate ofdiIeet deposit refund or if the aeeotmt has been dosed thename and address of the person bullbullho dosed the aeeOtlftt

(s) This seetion shall beeome operati v e on Jaftttary 1 2013SECTION 1SEC 2 Section 156301 of the Welfare and Institutions Code

is amended to read156301 (a) As used in this section mandated reporter of

suspected financial abuse of an elder or dependent adult meansall officers and employees of financial institutions

(b) As used in this section the term financial institution meansany of the following

(l) A depository institution as defined in Section 3(c) of theFederal Deposit Insurance Act (12 USC Sec 1813(c))

(2) An institution-affiliated party as defined in Section 3(u) ofthe Federal Deposit Insurance Act (12 USC Sec 1813(u))

(3) A federal credit union or state credit union as defined inSection 101 ofthe Federal Credit Union Act (12 USC Sec 1752)including but not limited to an institution-affiliated party of acredit union as defined in Section 206(r) of the Federal CreditUnion Act (12 USc Sec 1786(r))

(c) As used in this section financial abuse has the samemeaning as in Section 1561030

(d) (l) Any mandated reporter of suspected financial abuse ofan elder or dependent adult who has direct contact with the elderor dependent adult or who reviews or approves the elder ordependent adults financial documents records or transactionsin connection with providing financial services with respect to anelder or dependent adult and who within the scope of his or heremployment or professional practice has observed or hasknowledge of an incident that is directly related to the transactionor matter that is within that scope of employment or professionalpractice that reasonably appears to be financial abuse or whoreasonably suspects that abuse based solely on the information

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AB518 -12-

before him or her at the time of reviewing or approving thedocument record or transaction in the case of mandated reporterswho do not have direct contact with the elder or dependent adultshall report the known or suspected instance of financial abuse bytelephone immediately or as soon as practicably possible and bywritten report sent within two working days to the local adultprotective services agency or the local law enforcement agency

(2) When two or more mandated reporters jointly haveknowledge or reasonably suspect that financial abuse of an elderor a dependent adult for which the report is mandated has occurredand when there is an agreement among them the telephone reportmay be made by a member of the reporting team who is selectedby mutual agreement A single report may be made and signed bythe selected member of the reporting team Any member of theteam who has knowledge that the member designated to report hasfailed to do so shall thereafter make that report

(3) If the mandated reporter knows that the elder or dependentadult resides in a long-term care facility as defined in Section1561047 the report shall be made to the local ombudsman or locallaw enforcement agency

(e) An allegation by the elder or dependent adult or any otherperson that financial abuse has occurred is not sufficient to triggerthe reporting requirement under this section if both of the followingconditions are met

(1) The mandated reporter of suspected financial abuse of anelder or dependent adult is aware of no other corroborating orindependent evidence of the alleged financial abuse of an elder ordependent adult The mandated reporter of suspected financialabuse of an elder or dependent adult is not required to investigateany accusations

(2) In the exercise of his or her professional judgment themandated reporter of suspected financial abuse of an elder ordependent adult reasonably believes that financial abuse of anelder or dependent adult did not occur

(f) Failure to report financial abuse under this section shall besubject to a civil penalty not exceeding one thousand dollars($1000) or if the failure to report is willful a civil penalty notexceeding five thousand dollars ($5000) which shall be paid bythe financial institution that is the employer of the mandated

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reporter to the party bringing the action Subdivision (h) of Section15630 shall not apply to violations of this section

(g) (1) The civil penalty provided for in subdivision (f) shallbe recovered only in a civil action brought against the financialinstitution by the Attorney General district attorney or countycounsel No action shall be brought under this section by anyperson other than the Attorney General district attorney or countycounsel Multiple actions for the civil penalty may not be broughtfor the same violation

(2) Nothing in the Financial Elder Abuse Reporting Act of2005shall be construed to limit expand or otherwise modify any civilliability or remedy that may exist under this or any other law

(h) As used in this section suspected financial abuse of anelder or dependent adult occurs when a person who is requiredto report under subdivision (a) observes or has knowledge ofbehavior or unusual circumstances or transactions or a pattern ofbehavior or unusual circumstances or transactions that would leadan individual with like training or experience based on the samefacts to form a reasonable belief that an elder or dependent adultis the victim of financial abuse as defined in Section 1561030

(i) Reports of suspected financial abuse of an elder or dependentadult made by an employee or officer of a financial institutionpursuant to this section are covered under subdivision (b) of Section47 of the Civil Code

SEC 3 Section 15633 of the Welfare and Institutions Codeas amended by Section 5 of Chapter 140 of the Statutes of 2005is amended to read

15633 (a) The reports made pursuant to Sections 15630156301 and 15631 shall be confidential and may be disclosedonly as provided in subdivision (b) Any violation of theconfidentiality required by this chapter is a misdemeanorpunishable by not more than six months in the county jail by afine of five hundred dollars ($500) or by both that fine andimprisonment

(b) Reports of suspected abuse of an elder or dependent adultand information contained therein may be disclosed only to thefollowing

(1) Persons or agencies to whom disclosure of information orthe identity of the reporting party is permitted under Section156335

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AB518 -14-

(2) (A) Persons who are trained and qualified to serve onmultidisciplinary personnel teams may disclose to one anotherinformation and records that are relevant to the preventionidentification or treatment of abuse of elderly or dependentpersons

(B) Except as provided in subparagraph (A) any personnel ofthe multidisciplinary team or agency that receives informationpursuant to this chapter shall be under the same obligations andsubject to the same confidentiality penalties as the persondisclosing or providing that information The information obtainedshall be maintained in a manner that ensures the maximumprotection of privacy and confidentiality rights

(c) This section shall not be construed to allow disclosure ofany reports or records relevant to the reports of abuse of an elderor dependent adult if the disclosure would be prohibited by anyother provisions of state or federal law applicable to the reports orrecords relevant to the reports of the abuse nor shall it be construedto prohibit the disclosure by a financial institution of any reportsor records relevant to the reports of abuse of an elder or dependentadult if the disclosure would be required of a financial institutionby otherwise applicable state or federal law or court order

(d) This seetion shall remain in dIcet on) tmtilJantmry I 2813and as of that date is repealed unless a later enaeted statute thatis enaeted before JMlt1ary12813 deletes or extends that date

SEC 4 Section 15633 of the Welfare and Institutions Codeas added by Section 6 of Chapter 140 of the Statutes of 2005 isrepealed

15633 (a) The leports made ptlrstlMlt to Seetions 15638 and15631 shall be eonndential and may be diselosed on) as pro videdin stlbdivision (b) AIl) violation of the eonfidetttialrt reqtliredbythis ehapter is a misdemeanor ptlnishable bynot more than sixmoftths in the eounry jail b)l a nne ofn Vehundred dollars ($588)or byboth that nne and imprisonment

(b) Reports of stlspeeted elder 01 dependent adttlt abttse andinfenmation eontained therein may be diselosed only to thefollo vving

(1) Persons or ageneies to vvhomdiselostlfe of information orthe identity of the reporting pMty is permitted tlnder Seetion156335

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-15- AB518

(2) EA) Persems who Me trftined Md qtlftlified to sene onmtlltidiseiplinftfjf persoflftel teftll1smfty diselose to one Mlotherinfermtttion Md reeords thftt Me relevflnt to the preventionidentifiefttion or trefttment of ftbttse of elderly or dependentpersons

EB) Exeept ftSpro vided in SMpMftgrftph EA) Mly personnel ofthe ftltlltidiseiplinftry teftftl or ftgeney thftt reeeives informfttionptlrstlftnt to this ehflPtel shftH he tinder the sftme ohligfttions ftndsttbjeet to the sftme eonfidentiftlity penftlties ftS the pelsondisdosing or pro viding thftt infermfttion The informfttion ohtftinedshftH he mftintftined in ft ftlftflfter thftt enstlfes the ftlftXimttmproteetion ofprivftey ftnd eonfidentiftlity rights

Ee) This seetion shftH not he eonstftled to ftHo diselostlfe ofMy reports or reeords rde vMit to the reports of elder or dependentftdttlt ftbttse if the disdostlfe votlld he prohibited hy My other110visions of stftte or federftllft bullbull ftppliefthle to the reports or reeordsrele vftnt to the reports of the flbttse

Ed) This seetion shftH heeome operftti ve on Jftntlftry I 2013SEC 5 Section 15634 of the Welfare and Institutions Code

as amended by Section 7 of Chapter 140 of the Statutes of 2005is amended to read

15634 (a) No care custodian clergy member healthpractitioner mandated reporter of suspected financial abuse of anelder or dependent adult or employee of an adult protectiveservices agency or a local law enforcement agency who reports aknown or suspected instance of abuse of an elder or dependentadult shall be civilly or criminally liable for any report requiredor authorized by this article Any other person reporting a knownor suspected instance of abuse of an elder or dependent adult shallnot incur civil or criminal liability as a result of any reportauthorized by this article unless it can be proven that a false reportwas made and the person knew that the report was false No personrequired to make a report pursuant to this article or any persontaking photographs at his or her discretion shall incur any civil orcriminal liability for taking photographs of a suspected victim ofabuse of an elder or dependent adult or causing photographs to betaken of such a suspected victim or for disseminating thephotographs with the reports required by this article Howeverthis section shall not be construed to grant immunity from thisliability with respect to any other use of the photographs

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AB518 -16-

(b) No care custodian clergy member health practitionermandated reporter of suspected financial abuse of an elder ordependent adult or employee of an adult protective services agencyor a local law enforcement agency who pursuant to a request froman adult protective services agency or a local law enforcementagency investigating a report of known or suspected abuse of anelder or dependent adult provides the requesting agency withaccess to the victim of a known or suspected instance of abuse ofan elder or dependent adult shall incur civil or criminal liabilityas a result of providing that access

(c) The Legislature finds that even though it has providedimmunity from liability to persons required to report abuse of anelder or dependent adult immunity does not eliminate thepossibility that actions may be brought against those persons basedupon required reports of abuse In order to further limit the financialhardship that those persons may incur as a result of fulfilling theirlegal responsibilities it is necessary that they not be unfairlyburdened by legal fees incurred in defending those actionsTherefore a care custodian clergy member health practitioneror an employee of an adult protective services agency or a locallaw enforcement agency may present to the StMe B6Md 6pound C6ntr61California Victim Compensation and Government Claims Boarda claim for reasonable fttt6meys attorneys fees incurred in anyaction against that person on the basis of making a report requiredor authorized by this article if the court has dismissed the actionupon a demurrer or motion for summary judgment made by thatperson or if he or she prevails in the action The StMe B6ftrd 6fC6ntr61 California Victim Compensation and Government ClaimsBoard shall allow that claim if the requirements ofthis subdivisionare met and the claim shall be paid from an appropriation to bemade for that purpose Att6mey s Attorneys fees awarded pursuantto this section shall not exceed an hourly rate greater than the ratecharged by the Attorney General at the time the award is madeand shall not exceed an aggregate amount of fifty thousand dollars($50000) This subdivision shall not apply if a public entity hasprovided for the defense of the action pursuant to Section 995 ofthe Government Code

(d) This seeti6n shftll remftin in dfeet 6ttly tmtil J8fttlfll)1 2013ftnd ftS6pound thftt dMe is repeftled wIess ft IMer enfteted stMute thMis en8eted before Jftftt18ry12013 deletes 6r extends thM dMe

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SEC 6 Section 15634 of the Welfare and Institutions Codeas amended by Section 711 ojChapter 538 of the Statutes oj2006is repealed

15634 eft) No eMe etlstodimt ele~ member hea-lthpraetitioner or employee of an adttlt proteeti-ve serviees ageneyor a loeal larn enforeement ageney who reports a lrnown orsttspeeted instanee of elder or dependent adtllt abtlse shaHbe eiviHyor eriminalry liable for any report reqttired or attthorizedby thisartiele Any other peIson reporting a lrnOWfior stlspeeted instaneeof elder or dependeItt adttIt abtlse shall not inettr ei vil or eriminalliability as a restllt of any report attthorizedby this artiele ttnlessit ean be pro ven that a false report was made and the person knewthat the report vvasrelse gteJoperson reqtlired to make a reportptlrstlant to this artiele or any person taking photographs at his orher diseretion shall inettr any eivii or eriminalliability fer takingphotographs of a stlspeeted vietim of elder or dependent adtlltabtlse or eattsing photographs to be taken of the stlspeeted vietimor fOIdisseminating the photographs with the reports reqtlired bythis artiele However this seetion shall not be eonstmed to gIantimmttnity from this liability vvithrespeet to any other tlse of thephotographs

(b) No eMe etlstodian el~ member health praetitioner oremployee of an adtlIt proteetive seniees ageney or a loea-l lawenfereemeItt ageney who pttrsttant to a reqtlest from an adttltproteeti-ie seniees ageney or a loeal lavI enforeemeItt ageneyinvestigating a report of lrnOViftor stlspeeted elder or dependentadtllt abtlse proides the reqtlesting ageney with aeeess to thevietim of a lrnovvnor stlspeeted instanee of elder or dependeIttadttlt abtlse shall inettr eiviI or eriminal liability as a restlIt ofpro viding that aeeess

ee) The Legislatttre finds that even thOtlgh it has pIOvidedimmtlnity from liability to peIsons reqtlired to report elder ordependent mit abttse immtlIlity does not eliminate the possibilitythat aetions may be brotlght agamst those persons based tlJ0nreqtlired reports of abtlse In order to fttrther limit the finaneialhardship that those persons may inettr as a resttIt offttlfilling theirlegal responsibilities it is neeessary that they not be tlftreirlybttrdened by legal fees inetlffed in defending those aetionsTherefore a eMeetlstodian ele~ member health praetitioneror employee ofan adttlt proteetive seniees ageney or a loeallffi7t

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AB518 -18-

enfOieement agene)l ma) present to the CalifeJmia VietimCempensatien and Geemment Claims BeMd a elaim feJrreasenable atteme)s fees inetJifedin any aetien agffinstthat persenen the basis efmMcinga repert reqtlired er attth6rizedb)l this Mtieleif the eeM has dismissed the aetien t1pen a demtlffer el metienfur sttmillM)lj tldgment made b that persen el ifhe er she preailsin the aetien The Califumia Vietim Cempensatien andGeemment Claims Beard shall allew that ehtim if thereqtlirements ef this sttbdi isien Me met and the elaim shall bepaid fl6man fllprepriatien te be made fur that ptllpese Atteme) sfees aarded ptliStlMltto this seetien shall net exeeedan hetlilyrate greater than the late eharged b the Attemey General at thetime the aard is made and sh8llnet exeeedan aggregate amettllteffitty thetlsanBdellMs ($50000) This sttbdF isien shall net applyif a pttblie enti) has pmbullided fer the defense ef the aetien ptlistlantte Seetien 995 ef the Ge emment Cede

(6) This seetien shall beeeme eperatie en JMttlM)12013SEC 7 Section 15640 of the Welfare and Institutions Code

as amended by Section 9 of Chapter 140 of the Statutes of2005is amended to read

15640 (a) (1) An adult protective services agency shallimmediately or as soon as practically possible report by telephoneto the law enforcement agency having jurisdiction over the caseany known or suspected instance of criminal activity and to anypublic agency given responsibility for investigation in thatjurisdiction of cases of elder and dependent adult abuse everyknown or suspected instance of abuse pursuant to Section 15630or 156301 of an elder or dependent adult A county adult protectiveservices agency shall also send a written report thereof within twoworking days of receiving the information concerning the incidentto each agency to which it is required to make a telephone reportunder this subdivision Prior to making any cross-report ofallegations of financial abuse to law enforcement agencies anadult protective services agency shall first determine whether thereis reasonable suspicion of any criminal activity

(2) If an adult protective services agency receives a report ofabuse alleged to have occurred in a long-term care facility thatadult protective services agency shall immediately inform theperson making the report that he or she is required to make thereport to the long-term care ombudsman program or to a local law

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enforcement agency The adult protective services agency shallnot accept the report by telephone but shall forward any writtenreport received to the long-term care ombudsman

(b) If an adult protective services agency or local lawenforcement agency or ombudsman program receiving a report ofknown or suspected elder or dependent adult abuse determinespursuant to its investigation that the abuse is being committed bya health practitioner licensed under Division 2 (commencing withSection 500) of the Business and Professions Code or any relatedinitiative act or by a person purporting to be a licensee the adultprotective services agency or local law enforcement agency orombudsman program shall immediately or as soon as practicallypossible report this information to the appropriate licensingagency The licensing agency shall investigate the report in lightof the potential for physical harm The transmittal of informationto the appropriate licensing agency shall not relieve the adultprotective services agency or local law enforcement agency orombudsman program of the responsibility to continue its owninvestigation as required under applicable provisions of law Theinformation reported pursuant to this paragraph shall remainconfidential and shall not be disclosed

(c) A local law enforcement agency shall immediately or assoon as practically possible report by telephone to the long-termcare ombudsman program when the abuse is alleged to haveoccurred in a long-term care facility or to the county adultprotective services agency when it is alleged to have occurredanywhere else and to the agency given responsibility for theinvestigation of cases of elder and dependent adult abuse everyknown or suspected instance of abuse of an elder or dependentadult A local law enforcement agency shall also send a writtenreport thereof within two working days of receiving the informationconcerning the incident to any agency to which it is required tomake a telephone report under this subdivision

(d) A long-term care ombudsman coordinator may report theinstance of abuse to the county adult protective services agencyor to the local law enforcement agency for assistance in theinvestigation of the abuse if the victim gives his or her consent Along-term care ombudsman program and the Licensing andCertification Division ofthe State Department ofIIealth SeI ieesPublic Health shall immediately report by telephone and in writing

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AB518 -20-

1 within two working days to the bureau any instance of neglect2 occurring in a health care facility that has seriously harmed any3 patient or reasonably appears to present a serious threat to the4 health or physical well-being of a patient in that facility If a victim5 or potential victim of the neglect withholds consent to being6 identified in that report the report shall contain circumstantial7 information about the neglect but shall not identify that victim or8 potential victim and the bureau and the reporting agency shall9 maintain the confidentiality of the report until the report becomes

lOa matter of public record11 (e) When a county adult protective services agency a long-term12 care ombudsman program or a local law enforcement agency13 receives a report of abuse neglect or abandonment of an elder or14 dependent adult alleged to have occurred in a long-term care15 facility that county adult protective services agency long-term16 care ombudsman coordinator or local law enforcement agency17 shall report the incident to the licensing agency by telephone as18 soon as possible19 (f) County adult protective services agencies long-term care20 ombudsman programs and local law enforcement agencies shall21 report the results of their investigations of referrals or reports of22 abuse to the respective referring or reporting agencies23 Eg) This seeti6n shall remain in dIcet 6ny tlfttilJ~ 1201324 and as 6f that date is repealed unless a later enaeted stMttte that25 is enaeted bef6re Janttary 12013 deletes 6r extends that date26 SEC 8 Section 15640 of the Welfare and Institutions Code27 as added by Section 10 of Chapter 140 of the Statutes of 2005 is28 repealed 29 15640 Ea) E1) An adult pr6teeti e sen iees ageney shall30 immediate) 6r as S66nas praetieal) p6ssible rep6rt 0 te1eph6ne31 t6 the la~ enf6reement ageney haing jttrisdieti6n 6er the ease32 an kntMfl6r suspeeted instanee 6f eriminal aeth it) and t6 any33 pttblie agene gien resp6nsibilit) f6r illestigMi6n in that34 jurisdieti6n 6f eases 6f elder and dependent adttlt abuse eery35 kfl6n6r suspeeted instanee 6f aetlse purstlant t6 Seeti6n 1563036 6f an elder 6r dependent adttlt A e6t11ltyadttlt pr6teeti e sen iees37 ageney shall als6 send a TV ritten rep6rt there6f Vv ithin ti 6 V 6rking38 days 6f reeeiving the inwrmati6n e6neeming the ineident t6 eaeh39 ageney t6 vv hieh it is reqtlired t6 make a teleph6ne Iep6rt tlftder40 this subdiisi6n Pri6r t6 making an er6SSIep6rt 6f allegati6ns

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-21- AB518

offilumeial abttse to lavvenforeemertt a-geneiesMladult proteetFesen iees agene) shaH first determine whether there is reasonablesuspieion of tmJ eriminM aeti vit

(2) If an adult proteeti ve sen iees agene) reeei ves a report ofabttse alleged to ha ve oeettlTed in a long teml eare faeilit) thatadttlt proteeti ve sen iees ageney shall immediate) infoml theperson making the report that he or she is required to make thereport to the long term eare ombttdsman program 01 to aloeallawenforeemertt a-geneyThe adttlt proteeti ve sen iees agene) shallnot aeeept the report b) telephone btlt shall fonvMd flit) vvTittenreport leeehed to the long teml eare ornbtldsman

(b) If an adtllt proteetive seniees ageney or loeal lawenforeement agene) or ornbtldsman program reeei vinga report ofkftovm or stlspeeted elder or dependent adttlt MtlSe determinespttrstlartt to its inYestigationthat the flbttseis being eommitted bya health 11aetitioner lieensed tlftder Division 2 (eonJffieneingwithSeetion 500) of the Btlsiness flftdProfessions Code or flit) lelatedinitiatiye aet or by a person ptlrporting to be a lieensee the adtlltproteetive seniees a-gene) or loeallaw enforeement agene) orombttdsman program shall immediate) or as soon as praetieall)possible report this mformation to the appropriate lieensingagene) The lieensing agene) shall investigate the report in lightof the poterttial fur ph) sieal hamlThe trMlsmittfllof informationto the appropriate lieensing agene) shall not relieve the adtlltproteethe serviees agene) or loeallaw enforeement agene) orornbtldsmflft program of the responsibility to eorttinue its 0~vninvestigation as reqttired tlftder applieable provisions of law Theinformation reported pttrstlant to this paragraph shall remaineoniiderttial flItdshfl11not be diselosed

(e) A loealla bullbull enforeement agefte) shall immediate) or assoon as praetieal) possible report b) telephone to the long termeare ombtldsman program bullbullhen the abtlse is alleged to haveoeetllTed in a long term eare faeilit) or to the eotlnt) adttltproteetive seniees agene) bullbullhen it is alleged to have oeeUlfedan) vvhere else flftd to the agene) gh en responsibilit) for theinvestigation of eases of elder and dependent adttlt abtlse everykftovm or stlspeeted instflftee of MtlSe of an elder or dependerttadttlt A loeallaw enforeement ageney shall also send a Ylfittenreport thereof bullbullithin ftv0 vvorking dfl)s ofreeei ving the infomlation

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AB518 -22-

eoneeming the ineident to an agenC) to vvhieh it is reqtlired toftutke a telephone report tlIlderthis stlbdh ision

Ed) A long tenn eare ombttdsman eoordinator mll) report theinstlllleeof abtlse to the eot1llryadttlt proteetive seniees ageneyor to the loeal la bullbull enforeement agenC) for assistlllleein theinvestigationof the abttse if the vietim gives his or her eonsent Along tenn eMe ombtldsmllllprogram llIldthe Lieensing llIldCertifieation Division of the State DepMtment ofIIealth Senieesshall immediately report b telephone llIldin vvriting vvithin hiv0tv orkingdll) s to the bm eatl an instlllleeof negleet oeet1ffingin ahealth eare faeiliry that has seriotlsl hMmed an patient orreasonably appeMs to present a seriotls threat to the health orph sieal vvell being of a patient in that ffteiliry If a J ietim orpotential TV ietim of the neglect vithholds eonsent to being identifiedin that report the report shall eontain eirettmstlllltialinformationabom the negleet bm shall not identif) that vietim or potentialvietim and the bttreatl llIldthe reporting agenC) shall maintain theeoniidentialiry of the report tlntil the report beeomes a matter ofptlblie reeord

Ee) hen a eotlllryadttlt proteeti ve sen iees agenC) a long termeare ombtldsman program or a loeal la enforeement ageneyreeeives a report ofabttse negleet or ablllldonmentofllllelder ordependent adttlt alleged to have oeet1ffedin a long term earefaeiliry that eotlnty adtllt proteeti ve sen iees agenC) long termeare ombtldsmlllleoordinator or loeallavv enforeement ageneyshall report the ineident to the lieensing agene b telephone assoon as possible

ED COtl1lt)adtllt proteetive seniees ageneies long term eareombttdsman programs and 10ea1lavvenforeement ageneies shallreport the restllts of their investigations of referrals or reports ofabtlse to the respeetive referring or reporting ageneies

Eg) This seetion shall beeome operative on JllIlt1flry12013SEC 9 Section 156555 of the Welfare and Institutions Code

as amended by Section 11 of Chapter 140 of the Statutes of 2005is amended to read

156555 A county adult protective services agency shallprovide the organizations listed in paragraphs (v) (w) and (x) ofSection 1561017 and mandated reporters of suspected financialabuse of an elder or dependent adult pursuant to Section 156301with instructional materials regarding abuse and neglect of an elder

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1 or dependent adult and their obligation to report under this chapter2 At a minimum the instructional materials shall include the3 following4 (a) An explanation of abuse and neglect of an elder or dependent

adult as defined in this chapter6 (b) Information on how to recognize potential abuse and neglect7 of an elder or dependent adult8 (c) Information on how the county adult protective services9 agency investigates reports of known or suspected abuse and

neglect11 (d) Instructions on how to report known or suspected incidents12 of abuse and neglect including the appropriate telephone numbers13 to call and what types of information would assist the county adult14 protective services agency with its investigation of the report

(e) This seetion shall remain in eifcet only tlfttil Jflfttlttry 1 201316 and as of that date is repealed tmless a later enaeted stattlte that17 is enaeted before Jafttlttry 12013 deletes or extends that date18 SEC 10 Section 156555 of the Welfareand Institutions Code19 as amended by Section 712 of Chapter 538 of the Statutes of2006

is repealed21 156555 A eottftt) achtlt proteetive serviees agene) shall22 pmvide the organi2ations listed in paragraphs (v) (vv) and Ex) of23 Seetion 1561017 with instItletional materials regarding elder and24 dependent achtlt abtlse and negleet and their obligation to report

under this ehapter At a minimum the instruetional materials shall26 inelude the follovving27 (a) An explanation of elder and dependent achtlt abuse and28 negleet as defined in this ehapter29 (b) Information on how to reeogni2e potential elder and

dependent achtlt abuse and negleet31 (e) Information on ho vIthe eottftt) achtlt proteeti ve serv iees32 agene) investigates reports of knovm or suspeeted abuse and33 negleet34 (d) Instmetions on hovv to report ]movvn or suspeeted ineidents

of abuse and negleet ineltlding the appropriate telephone llt11llbers36 to eall and what rypes of information vvould assist the eount) adult37 proteetirv e sen iees agene) with its in (estigation of the report38 (e) This seetion shall beeome operati e on January I 20 13

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AB 608 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 608Pan

Health care coverage telemedicine

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to health care

httpwww1eginfocagovpubII-12Ibillasmab_0601-0650ab _608_ bill_ 20120201_status 652012

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AB 783 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 783AUTHOR(S) HayashiTOPIC Professional corporations licensed physical therapists

and occupational therapists+LAST AMENDED DATE 04072011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

COMMCOMMCOMM

HIST ACT DATEHIST ACTION

From committeeRule 62(a)

LOCATION SENACTION DATEACTION

06282011In committee Set second hearing Failed passagewithout further action pursuant to Joint

LASTLAST

BUSINESS PROFESSIONS AND ECONOMIC DEVELOPMENT06272011

Set second hearing Failed passage in Committee

TITLE An act to amend Section 2406 of the Business andProfessions Code and to amend Section 134015 of theCorporations Code relating to professional corporations

httpwwwleginfocagovpub11-12billasmab_0751-0800ab_783_bill_20111115_status 652012

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AMENDED IN ASSEMBLY APRIL 7 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 783

Introduced by Assembly Member Hayashi

February 172011

An act to amend Section 2406 of the Business and Professions Codeand to amend Section 134015 of the Corporations Code relating toprofcssiemal eorporations and deelaring the mgeney thereof to tttkeeffeet immediatelyprofessional corporations

LEGISLATIVE COUNSELS DIGEST

AB 783 as amended Hayashi Professional corporations licensedphysical therapists and occupational therapists

Existing law regulating professional corporations provides that certainhealing arts practitioners may be shareholders officers directors orprofessional employees of a medical corporation-er-a podiatric medicalcorporation or a chiropractic corporation subject to certain limitations

This bill would add licensed physical therapists and licensedoccupational therapists to the list of healing arts practitioners who maybe shareholders officers directors or professional employees of thosecorporations The bill would also make conforming changes to a relatedprovision

This bill vv otlld deelare that it is to take etteet immediately as anmgeney statttte

Vote -majority Appropriation no Fiscal committee noState-mandated local program no

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AB783 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 2406 of the Business and Professions2 Code is amended to read3 2406 A medical corporation or podiatry corporation is a4 corporation that is authorized to render professional services as

defined in Sections 13401 and 134015 ofthe Corporations Code6 so long as that corporation and its shareholders officers directors7 and employees rendering professional services who are physicians8 and surgeons psychologists registered nurses optometrists9 podiatrists chiropractors acupuncturists naturopathic doctors

physical therapists or in the case of a medical corporation only11 physician assistants marriage and family therapists or clinical12 social workers are in compliance with the Moscone-Knox13 Professional Corporation Act the provisions of this article and all14 other statutes and regulations now or hereafter enacted or adopted

pertaining to the corporation and the conduct of its affairs16 With respect to a medical corporation or podiatry corporation17 the governmental agency referred to in the Moscone-Knox18 Professional Corporation Act is the board19 SEC 2 Section 134015 of the Corporations Code is amended

to read21 134015 Notwithstanding subdivision (d) of Section 1340122 and any other provision of law the following licensed persons23 may be shareholders officers directors or professional employees24 of the professional corporations designated in this section so long

as the sum of all shares owned by those licensed persons does not26 exceed 49 percent ofthe total number of shares of the professional27 corporation so designated herein and so long as the number of28 those licensed persons owning shares in the professional29 corporation so designated herein does not exceed the number of

persons licensed by the governmental agency regulating the31 designated professional corporation32 (a) Medical corporation33 (1) Licensed doctors of podiatric medicine34 (2) Licensed psychologists

(3) Registered nurses36 (4) Licensed optometrists37 (5) Licensed marriage and family therapists38 (6) Licensed clinical social workers

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-3-

(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists(10) Naturopathic doctors(11) Licensed physical therapists(12)Licensed occupational therapists(b) Podiatric medical corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed optometrists(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(8) Licensed physical therapists(9) Licensed occupational therapists(c) Psychological corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Registered nurses(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed chiropractors(8) Licensed acupuncturists(9) Naturopathic doctors(d) Speech-language pathology corporation(1) Licensed audiologists(e) Audiology corporation(1) Licensed speech-language pathologists(t) Nursing corporation(l) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists

AB783

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(10) Naturopathic doctors(g) Marriage and family therapy corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed clinical social workers(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(h) Licensed clinical social worker corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed marriage and family therapists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(i) Physician assistants corporation(1) Licensed physicians and surgeons(2) Registered nurses(3) Licensed acupuncturists(4) Naturopathic doctorsG) Optometric corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(k) Chiropractic corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed acupuncturists(9) Naturopathic doctors

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-5- AB783

(10) Licensed physical therapists(11) Licensed occupational therapists(l) Acupuncture corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed physician assistants(9) Licensed chiropractors(10) Naturopathic doctors(m) Naturopathic doctor corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed physician assistants(5) Licensed chiropractors(6) Licensed acupuncturists(7) Licensed physical therapists(8) Licensed doctors of podiatric medicine(9) Licensed marriage family and child counselors(10) Licensed clinical social workers(11) Licensed optometrists(n) Dental corporation(1) Licensed physicians and surgeons(2) Dental assistants(3) Registered dental assistants(4) Registered dental assistants in extended functions(5) Registered dental hygienists(6) Registered dental hygienists in extended functions(7) Registered dental hygienists in alternative practiceSEC 3 This aet is Ml ttrgene statttte neeessary for the

immediatepresenation of the ptlblie peaee hettlihor saferyvvithinthe meMling of Miele IV of the Constittttion Mld shaHgo intoimmediate effeet The fftets eonstitttting the neeessiry Me

In order to 8t1thorizelieensed physieal therapists to beshareholders offieers mreetors or professional employees of

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AD7S3 -6-

1 memeal eorpofatiofts andpodiatrie medieal eorpofatiofts as soOft2 as possible it is fteeessary that this aet tftke dIeet immediately

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AB 800 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 800Huber

Boards and commissions time reporting

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to add Section 1156410 to the Government Coderelating to boards and commissions

httpwwwleginfocagovpubI11-12billasmlab_0751-0800ab _800_ bill_20120201_status 652012

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AB 958 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 958Bill Berryhill

Regulatory boards limitations periods

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to Art IV Sec 10(e) of theFrom committee Filed with the Chiefto Joint Rule 56BUSINESS PROFESSIONS AND CONSUMER PROTECTION

TITLE An act to add Section 1105 to and to repeal Sections16702 22305 296005 3137 375051 498205499032 5561 5661 76865 988420 and 98898 of theBusiness and Professions Code relating to regulatoryboards

httpwwwleginfocagovpub11-12lbillasmlab_0951-1 OOOab_958 _bill_ 20120202_ status 652012

AB 1003 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 1003Smyth

Professional and vocational licenses

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to professional and vocational licenses

httpwwwleginfocagovpubll-12Ibillasmlab_l00l-l 050ab_1003 _bill_2012020 I_statu 652012

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AB 1205 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1205AUTHOR(S) Bill BerryhillTOPIC Licensed behavior analysts+LAST AMENDED DATE 04042011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to amend Section 499018 of and to add Chapter52 (commencing with Section 252971) to Division 2 ofthe Business and Professions Code relating to healingarts

httpwwwleginfocagovpub11-12billasmab _120 1-1250ab_1205 _bill_20 120201_statu 652012

AB 1435 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1435AUTHOR(S) Dickinson (Coauthors Alejo Buchanan and Hill) TOPIC Child abuse reporting athletic personnelHOUSE LOCATION SEN+LAST AMENDED DATE OS252012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredState-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS for

LASTLAST

APPROPRIATIONSOS252012

Do pass as amendedAyes 17 Noes OOPASS

TITLE An act to amend Section 111657 of the Penal Coderelating to child abuse reporting

httpwww1eginfocagovpub11-12lbiIVasmab_140 1-1450ab _1435 _bill~0120601_statu 652012

AMENDED IN ASSEMBLY MAY 25 2012

AMENDED IN ASSEMBLY MARCH 21 2012

AMENDED IN ASSEMBLY MARCH 142012

AMENDED IN ASSEMBLY FEBRUARY 29 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1435

Introduced by Assembly Member Dickinson(Coauthors Assembly Members Alejo Buchanan and Hill)

January 4 2012

An act to amend Section 111657 of the Penal Code relating to childabuse reporting

LEGISLATIVE COUNSELS DIGEST

AB 1435 as amended Dickinson Child abuse reporting athleticpersonnel

Existing law the Child Abuse and Neglect Reporting Act requiresa mandated reporter as defined to report whenever he or she in his orher professional capacity or within the scope of his or her employmenthas knowledge of or observed a child whom the mandated reporterknows or reasonably suspects has been the victim of child abuse orneglect Failure to report an incident is a crime punishable byimprisonment in a county jail for a period of up to 6 months a fine ofup to $1000 or by both that imprisonment and fine

This bill would add athletic coaches athletic administrators andathletic directors employed by a public or private organization to thelist of individuals who are mandated reporters The bill otlld reqtlirean ptlblie or pri v ate orgflftizationernplo ing flftathletieeoaen Mhletie

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AB 1435 -2-

ftdministrator or Mhletie direetor to hftve provided initiftl trftining byJflfttlM) I 2014 on speeified mfttters relMing to ehiM a-bttse ftftdnegleetfor those employees On ftftd ftfter lftnuftry 12014 the bill vvottld reeJtlireinitiftl trftining to be pro vided IV ithin 6 months of the dMe ftn indi vidttftlbeeomes employed in thM eftlfteiry The bill vvouM require theseindividuftls to eomplete eontifttling tminmg every 2 yeMs

By imposing the reporting requirements on a new class of personsfor whom failure to report specified conduct is a crime ftftdby imposingne~ trftining reeJtlirements on publie oIgftfiiZMions ineluding loeftlgOvernment entities this bill would impose a state-mandated localprogram

The Cftlifomift Constittltion reqtlires the stMe to reimbtlfse loeftlftgeneies ftnd sehool distriets for eertftin eosts mftftdMed by the stftteStftttltory pItYvisions esffiblish proeedtlfes for mftkffigthftt reimbtlfsement

This bill hould pro vide thM 4vith regMd to eertftin mftftdfttes noIeimbtlfsement is reeJtlired by this ftet for ft speeified reftson

Vith regftM to ftny other mftndMeS this bill vv0tlM pro vide thM if theCommission on StMe ~bndtltes determines thM the bill eontftins eostsso mftndftted by the stftte reimbttIsement for those eosts shftll be mftdeptlfStlftnt to the stftttltory pro visions noted ttbo ve

The California Constitution requires the state to reimburse localagencies and school districts for certain costs mandated by the stateStatutory provisions establish procedures for making thatreimbursement

This bill would provide that no reimbursement is required by this actfor a specified reason

Vote majority Appropriation no Fiscal committee yesState-mandated local program yes

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 111657 of the Penal Code is amended2 to read3 111657 (a) As used in this article mandated reporter is4 defined as any of the following5 (1) A teacher6 (2) An instructional aide7 (3) A teachers aide or teachers assistant employed by any8 public or private schooL9 (4) A classified employee of any public schooL

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-3- AB 1435

1 (5) An administrative officer or supervisor of child welfare and2 attendance or a certificated pupil personnel employee of any public3 or private school4 (6) An administrator of a public or private day camp

(7) An administrator or employee of a public or private youth6 center youth recreation program or youth organization7 (8) An administrator or employee of a public or private8 organization whose duties require direct contact and supervision9 of children

(9) Any employee of a county office of education or the State11 Department of Education whose duties bring the employee into12 contact with children on a regular basis13 (10) A licensee an administrator or an employee of a licensed14 community care or child day care facility

(11) A Head Start program teacher16 (12) A licensing worker or licensing evaluator employed by a17 licensing agency as defined in Section 111651118 (13) A public assistance worker19 (14) An employee of a child care institution including but not

limited to foster parents group home personnel and personnel of21 residential care facilities22 (15) A social worker probation officer or parole officer23 (16) An employee of a school district police or security24 department

(17) Any person who is an administrator or presenter of or a26 counselor in a child abuse prevention program in any public or27 private school28 (18) A district attorney investigator inspector or local child29 support agency caseworker unless the investigator inspector or

caseworker is working with an attorney appointed pursuant to31 Section 317 of the Welfare and Institutions Code to represent a32 mmor33 (19) A peace officer as defined in Chapter 45 (commencing34 with Section 830) of Title 3 of Part 2 who is not otherwise

described in this section36 (20) A firefighter except for volunteer firefighters37 (21) A physician and surgeon psychiatrist psychologist dentist38 resident intern podiatrist chiropractor licensed nurse dental39 hygienist optometrist marriage and family therapist clinical social

worker professional clinical counselor or any other person who

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AB 1435 -4-

is currently licensed under Division 2 (commencing with Section500) of the Business and Professions Code

(22) Any emergency medical technician I or II paramedic orother person certified pursuant to Division 25 (commencing withSection 1797) of the Health and Safety Code

(23) A psychological assistant registered pursuant to Section2913 of the Business and Professions Code

(24) A marriage and family therapist trainee as defined insubdivision (c) of Section 498003 of the Business and ProfessionsCode

(25) An unlicensed marriage and family therapist internregistered under Section 498044 of the Business and ProfessionsCode

(26) A state or county public health employee who treats a minorfor venereal disease or any other condition

(27) A coroner(28) A medical examiner or any other person who performs

autopsies(29) A commercial film and photographic print processor as

specified in subdivision (e) of Section 11166 As used in thisarticle commercial film and photographic print processor meansany person who develops exposed photographic film into negativesslides or prints or who makes prints from negatives or slides forcompensation The term includes any employee of such a personit does not include a person who develops film or makes prints fora public agency

(30) A child visitation monitor As used in this article childvisitation monitor means any person who for financialcompensation acts as monitor of a visit between a child and anyother person when the monitoring of that visit has been orderedby a court of law

(31) An animal control officer or humane society officer Forthe purposes ofthis article the following terms have the followingmeanings

(A) Animal control officer means any person employed by acity county or city and county for the purpose of enforcing animalcontrol laws or regulations

(B) Humane society officer means any person appointed oremployed by a public or private entity as a humane officer who is

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-5- AB 1435

qualified pursuant to Section 14502 or 14503 of the CorporationsCode

(32) A clergy member as specified in subdivision (d) of Section11166 As used in this article clergy member means a priestminister rabbi religious practitioner or similar functionary of achurch temple or recognized denomination or organization

(33) Any custodian of records of a clergy member as specifiedin this section and subdivision (d) of Section 11166

(34) Any employee of any police department county sheriffsdepartment county probation department or county welfaredepartment

(35) An employee or volunteer of a Court Appointed SpecialAdvocate program as defined in Rule 1424 ofthe California Rulesof Court

(36) A custodial officer as defined in Section 8315(37) Any person providing services to a minor child under

Section 12300 or 123001 of the Welfare and Institutions Code(38) An alcohol and drug counselor As used in this article an

alcohol and drug counselor is a person providing counselingtherapy or other clinical services for a state licensed or certifieddrug alcohol or drug and alcohol treatment program Howeveralcohol or drug abuse or both alcohol and drug abuse is not inand of itself a sufficient basis for reporting child abuse or neglect

(39) A clinical counselor trainee as defined in subdivision (g)of Section 499912 of the Business and Professions Code

(40) A clinical counselor intern registered under Section 499942of the Business and Professions Code

(41) An athletic coach athletic administrator or athletic directoremployed by a public or private organization including but notlimited to schools and instittttions of higher e6ueation thatprovidekindergarten or any of grades 1 to 12 inclusive

(b) Except as provided in paragraph (35) of subdivision (a)volunteers of public or private organizations whose duties requiredirect contact with and supervision of children are not mandatedreporters but are encouraged to obtain training in the identificationand reporting of child abuse and neglect and are further encouragedto report known or suspected instances of child abuse or neglectto an agency specified in Section 111659

(c) Employers are strongly encouraged to provide theiremployees who are mandated reporters with training in the duties

95

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101112131415161718192021222324252627282930313233343536373839

AB 1435 -6-

imposed by this article This training shall include training in childabuse and neglect identification and training in child abuse andneglect reporting Whether or not employers provide theiremployees with training in child abuse and neglect identificationand reporting the employers shall provide their employees whoare mandated reporters with the statement required pursuant tosubdivision (a) of Section 111665

(d) School districts that do not train their employees specifiedin subdivision (a) in the duties of mandated reporters under thechild abuse reporting laws shall report to the State Department ofEducation the reasons why this training is not provided

(e) Unless otherwise specifically provided the absence oftraining shall not excuse a mandated reporter from the dutiesimposed by this article

(f) Public and private organizations are encouraged to providetheir volunteers whose duties require direct contact with andsupervision of children with training in the identification andreporting of child abuse and neglect

(g) (1) On 6r befure Jttmtary 1 2014 ttll) pttblie 6r privflie6rganizttti6ftemp16ing ttft Mhletie e6tteh Mhletie ttdmimstrltt6r6r Mhletie direet6r ttSspeeified ift pMttgrttph (41) 6f sttbdivisi6ft(tt) shttll pr6 vide iftitittl trttining f6r th6se empl~ ees 6n thefull6vvingmtttters

(A) The identifiettti6n 6f ehild ttbttse ttnd negleet(D) Aeti vities thttt e6ftstitttte inltppr6prittte ttftd illegttl e6ntttet

betiveen tt 6tlth ltftd ltft ttthietie e6tteh Mhletie ttdmiftistrttt6r 6rttthietie direet6r

(6) The resp6nsibilities 6f tt pers6n identified lIStt mttndfliedrep6rter in this seeti6n ineIttding btl ft6t limited t6 ttll 6f thefull6 vving

(i) T6 ~h6m tt rep6rt is reqtlired t6 be mttde(ii) The inf6rmttti6n thttt is reqttired t6 be ifte1ttdedin tt rep6rt(iii) The time vvithiftvvhieha mandated rep6rter is reqttired t6

file tt rep6rt(2) Initittl training shall be pr6vided b perS6ftSkn6vvledgeltble

ift the identifiettti6n 6fehild aettse ttnd negleet inltppf6prittte ltftdillegal e6ntaet bem eena 6ttth and ltftadttIt ltftdstatttt6ry rep6rtingreqttiremeftts ltftdshttll e6nsist 6ftw6 h6ttrs 6felassr66m 6r 6therinteraetive trainiftg ltftdedttettti6n

95

-7- AB 1435

1 (h) Commeneing on fmd aftel Jfmtlftry12014 fmofgfmization2 speeified in sttbdivision (g) shaHpro ide initial training within six3 months of the date that fm individtutl beeomes empleryed as an4 Mhletie eoaeh athletie administrator or athletie direetor ttnless5 the indi idttal reeei ed training Hithin tw0 years prior to the date6 the indi idtlal is empleryed An Mhletie eoaeh athletie7 administrator or athletie direetor Hho has leeeied initial training8 ptlfStlafttto sttbdiision (g) shall eomplete eontifttling training9 thereafter onee eery two years eonsisting of one hottf of

10 elassroom or other interaeti e training fmd edtteation11 SEC 2 No reimbtlrsement is reqtlired by this aet pttfStlafttto12 Seetion 6 ofArtiele )GIlD of the California Constitution for eertain13 eosts that may be inetllTed by a loeal ageney or sehool distriet14 beeatlse ift that regard this aet ereates a nev erime or infraetion15 eliminates a erime or infraetion or ehfmges the penalty fOfa erime16 or inflaetion Hithin the meaning of Seetion 17556 of the17 Goemment Code or ehanges the definition ofa elime Hithin the18 meaning of Seetion 6 of Aniele XIII D of the Califomia19 Constitution20 IIo~eer if the Commission on State Mfmdates determines that21 this aet eontainsother eosts mfmdated by the state reimbttfsement22 to loeal ageneies fmd sehool distliets for those eosts shall be made23 ptlfStlafttto Part 7 (eommeneing Hith Seetion 17500) of Division24 4 of Title 2 of the Goemment Code25 SEC 2 No reimbursement is required by this act pursuant to26 Section 6 of Article XIII B of the California Constitution because27 the only costs that may be incurred by a local agency or school28 district will be incurred because this act creates a new crime or29 infraction eliminates a crime or infraction or changes thepenalty30 for a crime or infraction within the meaning of Section 17556 of31 the Government Code or changes the definition of a crime within32 the meaning of Section 6 of Article XIII B of the California33 Constitution

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95

AB 1904 Assembly Bill Status

MEASURE AUTHOR(S)TOPIC

HOUSE

CURRENT BILL STATUS

AB No 1904Block Butler and

Professions and vocationslicenses

LOCATION

Cookmilitary spouses temporary

TYPE OF BILL

SEN

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyAppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpub11-12billasmab _1901-1950ab _1904_ bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes Noes OOPASS17

An act to add Section 1155 to the Business andProfessions Code relating to professions and vocationsand making an appropriation therefor

-

AB 1588 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1588AUTHOR(S) Atkins (Principal coauthors Cook and Nielsen)

(Coauthors Block Beth Gaines Pan V Manuel PerezWilliams and Yamada)

TOPIC Professions and vocations reservist licensees fees andcontinuing education

HOUSE LOCATION SEN+LAST AMENDED DATE 03052012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS forLAST

LAST

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

TITLE An act to add Section 1143 to the Business andProfessions Code relating to professions and vocations

htlpllwwwleginfocagovpubll-12Ibillasmlab _1551-1600ab _1588 _bill_20120601_statu 652012

middot

AMENDED IN ASSEMBLY MARCH 5 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1588

Introduced by Assembly Member Atkins(Principal coauthors Assembly Members Cook and Nielsen)

(Coauthors Assembly Members Block Beth Gaines PanV Manuel Perez Williams and Yamada)

February 6 2012

An act to add Section 1143 to the Business and Professions Coderelating to professions and vocations

LEGISLATIVE COUNSELS DIGEST

AB 1588 as amended Atkins Professions and vocations reservistlicensees fees and continuing education

Existing law provides for the regulation of various professions andvocations by boards commissions or bureaus within the Departmentof Consumer Affairs and for the licensure or registration of individualsin that regard Existing law authorizes any licensee whose licenseexpired while he or she was on active duty as a member of the CaliforniaNational Guard or the United States Armed Forces to reinstate his orher license without examination or penalty if certain requirements aremet

This bill would require the boards commissions or bureaus describedabove to waive the renewal fees and continuing education requirementsif either is applicable of any licensee or registrant who is a reservistcalled to active duty as a member of the United States Military Reserveor the California National Guard if certain requirements are met

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

98

AB 1588 -2-

Thepeople of the State of Califomi a do enact asfollows

1 SECTION 1 Section 1143 is added to the Business and2 Professions Code to read3 1143 Notwithstanding any other provision oflaw everyboard4 commission or bureau within the department shall waive the5 renewal fees and continuing education requirements if either is6 applicable for any licensee or registrant who is a reservist called7 to active duty as a member of the United States Military Reserve8 or the California National Guard if all of the following9 requirements are met

10 (a) The licensee or registrant was in good standing with the11 board commission or bureau at the time the reservist was called12 to active duty13 (b) The renewal fees or continuing education requirements are14 waived only for the period during which the reservist is on active15 duty service16 (c) The active duty reservist or the active duty reservists spouse17 or registered domestic partner provides written notice satisfactory18 to the board commission or bureau that substantiates the19 reservists active duty service

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98

AB 1896 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1896AUTHOR(S) ChesbroTOPIC Tribal health programs health care practitionersHOUSE LOCATION SEN+LAST AMENDED DATE 03272012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATIONCOMM ACTION DATECOMM ACTIONCOMM VOTE SUMMARY

ASM

05172012Referred to Com on B P amp EDBUSINESS PROFESSIONS AND CONSUMER PROTECTION04102012

Do passAyes 09 Noes OOPASS

TITLE An act to amend the heading of Article 10 (commencingwith Section 710) of Chapter 1 of Division 2 of and toadd Section 719 to the Business and Professions Coderelating to healing arts

httpwwwleginfocagovpubI11-12lbillasmab_1851-1900ab_1896_bill_20120517 _statu 652012

-

AMENDED IN ASSEMBLY MARCH 27 2012

CALIFORNIA LEGISLATURE-20II-12 REGULAR SESSION

ASSEMBLY BILL No 1896

Introduced by Assembly Member Chesbro

February 222012

An act to amend the heading of Article 10 (commencing with Section710) of Chapter 1 of Division 2 of and to add Section 719 to theBusiness and Professions Code relating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1896 as amended Chesbro Tribal health programs health carepractitioners

Under existing federal law licensed health professionals employedby a tribal health program are required to be exempt if licensed in anystate from the licensing requirements of the state in which the tribalhealth program performs specified services A tribal health program isdefined as an Indian tribe or tribal organization that operates any healthprogram service function activity or facility funded in whole or partby the Indian Health Service

Existing law provides for the licensure and regulation of health carepractitioners by various healing arts boards within the Department ofConsumer Affairs

This bill would codify that federal requirement by specifying that aperson who is licensed as a health care practitioner in any other stateand is employed by a tribal health program is exempt from any statelicensing requirement with respect to acts authorized under thepersonslicense where the tribal health program performs specified services

Vote majority Appropriation no Fiscal committee noState-mandated local program no

98

AD 1896 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 The heading of Article 10 (commencing with2 Section 710) of Chapter 1 of Division 2 of the Business and3 Professions Code is amended to read456789

101112131415161718192021

Article 10 Federal Personnel and Tribal Health Programs

SEC 2 Section 719 is added to the Business and ProfessionsCode to read

719 (a) A person who is licensed as a health care practitionerin any other state and is employed by a tribal health program asdefined in Section 1603 of Title 25 of the United States Code shallbe exempt from any licensing requirement described in this divisionwith respect to acts authorized under the persons license wherethe tribal health program performs the services described in thecontract or compact of the tribal health program under the IndianSelf-Determination and Education Assistance Act (25 USC Sec450 et seq)

(b) For purposes of this section health care practitioner meansany person who engages in acts that are the subject of licensureor regulation under this division or Ml) initiative 8et referred to inthis division the law of any other state

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98

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1904

Introduced by Assembly Members Block Butler and Cook

February 222012

An act to add Section 1155 to the Business and Professions Coderelating to professions and vocations and making an appropriationtherefor

LEGISLATIVE COUNSELS DIGEST

AB 1904 as introduced Block Professions and vocations militaryspouses temporary licenses

Existing law provides for the licensure and regulation of variousprofessions and vocations by boards within the Department of ConsumerAffairs Existing law provides for the issuance of reciprocal licenses incertain fields where the applicant among other requirements has alicense to practice within that field in another jurisdiction as specifiedUnder existing law licensing fees imposed by certain boards withinthe department are deposited in funds that are continuously appropriated

This bill would authorize a board within the department to issue atemporary license to an applicant who among other requirements holdsan equivalent license in another jurisdiction as specified and is marriedto or in a legal union with an active duty member of the Armed Forcesofthe United States who is assigned to a duty station in California underofficial active duty military orders The bill would require a board toexpedite the process for issuing these temporary licenses The bill wouldrequire the applicant to pay any fees required by the board and wouldrequire that those fees be deposited in the fund used by the board toadminister its licensing program To the extent that the bill would

99

AB 1904 -2-

increase the amount of money deposited into a continuously appropriatedfund the bill would make an appropriation

Vote majority Appropriation yes Fiscal committee yesState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 1155 is added to the Business and2 Professions Code to read3 1155 (a) A board within the department may issue a4 temporary license to an applicant who meets all of the following5 requirements6 (l) Submits an application in the manner prescribed by the7 board8 (2) Supplies evidence satisfactory to the board that the applicant9 is married to or in a domestic partnership or other legal union

10 with an active duty member of the Armed Forces of the United11 States who is assigned to a duty station in this state under official12 active duty military orders13 (3) Holds a current license in another state district or territory14 of the United States with the requirements that the board determines15 are substantially equivalent to those established under this code16 for that occupation17 (4) Has not committed an act in anyjurisdiction that would have18 constituted grounds for denial suspension or revocation of the19 license under this code at the time the act was committed20 (5) Has not been disciplined by a licensing entity in another21 jurisdiction and is not the subject of an unresolved complaint22 review procedure or disciplinary proceeding conducted by a23 licensing entity in another jurisdiction24 (6) Pays any fees required by the board Those fees shall be25 deposited in the applicable fund or account used by the board to26 administer its licensing program27 (7) Submits fingerprints and any applicable fingerprinting fee28 in the manner required of an applicant for a regular license29 (b) A board shall expedite the procedure for issuing a temporary30 license pursuant to this section31 (c) A temporary license issued under this section shall be valid32 for 180 days except that the license may at the discretion of the

99

-3- AB 1904

I board be extended for an additional180-day period on application2 of the license holder3 (d) A board may adopt regulations necessary to administer this4 section

o

99

AB 1932 Assembly Bill Status

MEASURE AUTHOR(S)TOPICHOUSE+LAST

CURRENT BILL STATUS

AB No 1932Gorell (Coauthor Cook)

United States armed services healing arts boardsLOCATION SENAMENDED DATE 04172012

TYPE OF BILL

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpubI11-12Ibillasmab_1901-1950ab_1932_bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

An act to add Section 7102 to the Business andProfessions Code relating to healing arts

-

AMENDED IN ASSEMBLY APRIL 172012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1932

Introduced by Assembly Member-Ceek Gorell(Coauthor Assembly Member Cook)

February 222012

An act to add Section 7102 to the Business and Professions Coderelating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1932 as amended euroook Gorell United States armed serviceshealing arts boards

Existing law provides for the licensure and regulation of varioushealing arts professions and vocations by boards within the Departmentof Consumer Affairs Existing law requires the rules and regulations ofthese healing arts boards to provide for methods of evaluating educationtraining and experience obtained in military service if such training isapplicable to the requirements of the particular profession or vocationregulated by the board Under existing law the Department of VeteransAffairs has specified powers and duties relating to various programsserving veterans

This bill would require by January 12014 and annually thereafterevery healing arts board to issue a specified written report to theDepartment of Veterans Affairs and the Legislature as specified thatclearly details the methods of evaluating the education training andexperience obtained in military service and whether that educationtraining and experience is applicable to the boards requirements forlicensure The bill would declare the intent of the Legislature in thisregard

98

AB 1932 -2-

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 710 of the Business and Professions Code2 was enacted in 1969 and because healing arts boards have not3 demonstrated significant compliance with that section it is the4 intent of the Legislature to establish an annual reporting5 requirement to compel these boards to provide information about6 the methods of evaluating education training and experience7 obtained in military service in order to meet the needs of the8 upcoming wave of armed service members returning to civilian9 life

10 SEC 2 Section 7102 is added to the Business and Professions11 Code to read12 7102 (a) By January 12014 and annually thereafter every13 healing arts board described in this division shall issue a written14 report to the Department of Veterans Affairs and to the Legislature15 that clearly details the methods of evaluating the education16 training and experience obtained in military service and whether17 that education training and experience is applicable to the boards18 requirements for licensure This written report shall include but19 not be limited to quantitative information about the number of20 service members who have applied for and have used their military21 education training and experience to fulfill the boards22 requirements for licensure23 (b) (1) The requirement to submit a report to the Legislature24 under subdivision (a) shall be inoperative on January 1 201825 pursuant to Section 102315 of the Government Code26 (2) A report to the Legislature shall be submitted in compliance27 with Section 9795 of the Government Code

o

98

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      • AGENDA ITEM 4
      • DISCUSSION AND POSSIBLE ACTION REGARDING PENDING LEGISLATION
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                  • AB 171 Assembly Bill- Status
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Page 23: DISCUSSION ANDPOSSIBLE ACTION REGARDING PENDING … · 2012-06-14  · Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of2010 (PublicLaw 111-152)

AB 518 Assembly Bill Status Page I of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPICHOUSE+LAST

AB No 518Wagner

Elder and dependentLOCATION SENAMENDED DATE

adult abuse mandated reporters

03232011

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATION

06062011In committee Hearing postponed by committee

SEN BANKING AND FINANCIAL INSTITUTIONS

TITLE An act to repeal Section 7480 of the Government Codeand to amend Section 156301 of and to amend and repealSections 15633 15634 15640 and 156555 of theWelfare and Institutions Code relating to elder anddependent adult abuse

httpwwwleginfocagovpubll-12Ibillasmab_ 0501-0550ab_518_bill_2011 0615_status 652012

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AMENDED IN ASSEMBLY MARCH 23 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 518

Introduced by Assembly Member Wagner

February 152011

Aft aet to amend Seetion 156301 of the Welfare and InstittttionsCode relating to elder abtlse An act to repeal Section 7480 of theGovernment Code and to amend Section 156301 of and to amend andrepeal Sections 15633 15634 15640 and 156555 of the Welfare andInstitutions Code relating to elder and dependent adult abuse

LEGISLATIVE COUNSELS DIGEST

AB 518 as amended Wagner Elder and dependent adult abusemandated reporters

Existing law the Elder Abuse and Dependent Adult Civil ProtectionAct establishes procedures for the reporting investigation andprosecution of elder and dependent adult abuse including but notlimited to financial abuse as defined These procedures require personsdefined as mandated reporters to report known or suspected instancesof elder or dependent adult abuse A violation of the reportingrequirements by a mandated reporter is a misdemeanor Existing lawwhich will be repealed on January 12013 defines who is a mandatedreporter of suspected financial abuse of an elder or dependent adult Aviolation ofthe financial abuse reporting requirements is subject to civilpenalties

This bill would delete the January 1 2013 repeal date and makeconforming changes

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

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The people of the State of California do enact asfollows

1 SECTION 1 Section 7480 of the Government Code as2 amended by Section 2 of Chapter 234 of the Statutes of 2008 is3 repealed4 7480 Nothing in this ehapter prohibits an) of the following

(a) The dissemination of an) finaneial information that is not6 identified with or identifiable as being deri ved from the fiftMleial7 reeords of a partietllar etlstomer8 (b) When any poliee or sheriffs department or distriet attorney9 in this state eertines to a bank eredit tlftion or savin-gsassoeiation

in 4vritingthat a erime report has been filed that involves the11 alleged fratldttlent tlse of drafts eheeks or other orders drawfl12 tlJon MtY bank eredit tlftion or Sltv ings assoeiation in this state13 the poliee or sheriffs department or distriet attomey a eotlnty14 adttlt proteeti-ve sen iees oftiee 4vhen investigating the finaneial

abttse of an elder or dependent adttlt or a long term eare16 ombttdsman when investigating the finaneial abttse of an elder or17 dependent adttlt rna reqtlest a bank eredit tlftion or savings18 assoeiation to fttmish and a bank eredit tlftion or savings19 assoeiation shall fttmish a statement setting forth the folIowing

information with respeet to a etlstomer aeeotlnt speeified b) the21 reqttesting parry for a period 30 da s prior to and tlJ to 30 da) s22 following the date ofoeetnTenee of the alleged illegal aet invohin-g23 the aeeotlftt24 (1) The Itttftlber of items dishonored

(2) The nttmber of items paid that ereated Oierdrafts26 (3) The dollar volttme of the dishonored items and items paid27 whieh ereated overdrafts and a statement explaining an) eredit28 atTangementbetween the bank eredit tlftion or savin-gsassoeiation29 and etlstomer to pa) 0verdrafts

(4) The dates and amotlnts of deposits and debits and the aeeotlftt31 balanee on these dates32 (5) A eoJry of the signattlre eard inelttding the signattlre and33 an) addresses appearing on a etlstomers signattlre eard34 (6) The date the aeeottnt opened and ifapplieable the date the

aeeotlnt elosed36 (7) A bank eredit tlftion or saTvingsassoeiation that proiides37 the reqtlesting part) vvith eopies of one or more eomplete aeeottnt

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the taxpa er (2) the (iireet deposit refund bullbullas not rettlmed to theFranehise Tax Board and (3) the remnd TnaSdeposited direetlyon a speeifled date into the aeeotlftt of an aeeotmtholder of theflnaneial instittttion bullbullho bullbullas not entitled to reeei v e the refttndthen the flnaneial instittttion shall fttntish to the Franehise TaxBoard the name and address ofan eoo w ner eosigtter or an otherperson bullbullho had aeeess to the mnds in the aeeotlttt follo bullbulling thedate ofdiIeet deposit refund or if the aeeotmt has been dosed thename and address of the person bullbullho dosed the aeeOtlftt

(s) This seetion shall beeome operati v e on Jaftttary 1 2013SECTION 1SEC 2 Section 156301 of the Welfare and Institutions Code

is amended to read156301 (a) As used in this section mandated reporter of

suspected financial abuse of an elder or dependent adult meansall officers and employees of financial institutions

(b) As used in this section the term financial institution meansany of the following

(l) A depository institution as defined in Section 3(c) of theFederal Deposit Insurance Act (12 USC Sec 1813(c))

(2) An institution-affiliated party as defined in Section 3(u) ofthe Federal Deposit Insurance Act (12 USC Sec 1813(u))

(3) A federal credit union or state credit union as defined inSection 101 ofthe Federal Credit Union Act (12 USC Sec 1752)including but not limited to an institution-affiliated party of acredit union as defined in Section 206(r) of the Federal CreditUnion Act (12 USc Sec 1786(r))

(c) As used in this section financial abuse has the samemeaning as in Section 1561030

(d) (l) Any mandated reporter of suspected financial abuse ofan elder or dependent adult who has direct contact with the elderor dependent adult or who reviews or approves the elder ordependent adults financial documents records or transactionsin connection with providing financial services with respect to anelder or dependent adult and who within the scope of his or heremployment or professional practice has observed or hasknowledge of an incident that is directly related to the transactionor matter that is within that scope of employment or professionalpractice that reasonably appears to be financial abuse or whoreasonably suspects that abuse based solely on the information

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before him or her at the time of reviewing or approving thedocument record or transaction in the case of mandated reporterswho do not have direct contact with the elder or dependent adultshall report the known or suspected instance of financial abuse bytelephone immediately or as soon as practicably possible and bywritten report sent within two working days to the local adultprotective services agency or the local law enforcement agency

(2) When two or more mandated reporters jointly haveknowledge or reasonably suspect that financial abuse of an elderor a dependent adult for which the report is mandated has occurredand when there is an agreement among them the telephone reportmay be made by a member of the reporting team who is selectedby mutual agreement A single report may be made and signed bythe selected member of the reporting team Any member of theteam who has knowledge that the member designated to report hasfailed to do so shall thereafter make that report

(3) If the mandated reporter knows that the elder or dependentadult resides in a long-term care facility as defined in Section1561047 the report shall be made to the local ombudsman or locallaw enforcement agency

(e) An allegation by the elder or dependent adult or any otherperson that financial abuse has occurred is not sufficient to triggerthe reporting requirement under this section if both of the followingconditions are met

(1) The mandated reporter of suspected financial abuse of anelder or dependent adult is aware of no other corroborating orindependent evidence of the alleged financial abuse of an elder ordependent adult The mandated reporter of suspected financialabuse of an elder or dependent adult is not required to investigateany accusations

(2) In the exercise of his or her professional judgment themandated reporter of suspected financial abuse of an elder ordependent adult reasonably believes that financial abuse of anelder or dependent adult did not occur

(f) Failure to report financial abuse under this section shall besubject to a civil penalty not exceeding one thousand dollars($1000) or if the failure to report is willful a civil penalty notexceeding five thousand dollars ($5000) which shall be paid bythe financial institution that is the employer of the mandated

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reporter to the party bringing the action Subdivision (h) of Section15630 shall not apply to violations of this section

(g) (1) The civil penalty provided for in subdivision (f) shallbe recovered only in a civil action brought against the financialinstitution by the Attorney General district attorney or countycounsel No action shall be brought under this section by anyperson other than the Attorney General district attorney or countycounsel Multiple actions for the civil penalty may not be broughtfor the same violation

(2) Nothing in the Financial Elder Abuse Reporting Act of2005shall be construed to limit expand or otherwise modify any civilliability or remedy that may exist under this or any other law

(h) As used in this section suspected financial abuse of anelder or dependent adult occurs when a person who is requiredto report under subdivision (a) observes or has knowledge ofbehavior or unusual circumstances or transactions or a pattern ofbehavior or unusual circumstances or transactions that would leadan individual with like training or experience based on the samefacts to form a reasonable belief that an elder or dependent adultis the victim of financial abuse as defined in Section 1561030

(i) Reports of suspected financial abuse of an elder or dependentadult made by an employee or officer of a financial institutionpursuant to this section are covered under subdivision (b) of Section47 of the Civil Code

SEC 3 Section 15633 of the Welfare and Institutions Codeas amended by Section 5 of Chapter 140 of the Statutes of 2005is amended to read

15633 (a) The reports made pursuant to Sections 15630156301 and 15631 shall be confidential and may be disclosedonly as provided in subdivision (b) Any violation of theconfidentiality required by this chapter is a misdemeanorpunishable by not more than six months in the county jail by afine of five hundred dollars ($500) or by both that fine andimprisonment

(b) Reports of suspected abuse of an elder or dependent adultand information contained therein may be disclosed only to thefollowing

(1) Persons or agencies to whom disclosure of information orthe identity of the reporting party is permitted under Section156335

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(2) (A) Persons who are trained and qualified to serve onmultidisciplinary personnel teams may disclose to one anotherinformation and records that are relevant to the preventionidentification or treatment of abuse of elderly or dependentpersons

(B) Except as provided in subparagraph (A) any personnel ofthe multidisciplinary team or agency that receives informationpursuant to this chapter shall be under the same obligations andsubject to the same confidentiality penalties as the persondisclosing or providing that information The information obtainedshall be maintained in a manner that ensures the maximumprotection of privacy and confidentiality rights

(c) This section shall not be construed to allow disclosure ofany reports or records relevant to the reports of abuse of an elderor dependent adult if the disclosure would be prohibited by anyother provisions of state or federal law applicable to the reports orrecords relevant to the reports of the abuse nor shall it be construedto prohibit the disclosure by a financial institution of any reportsor records relevant to the reports of abuse of an elder or dependentadult if the disclosure would be required of a financial institutionby otherwise applicable state or federal law or court order

(d) This seetion shall remain in dIcet on) tmtilJantmry I 2813and as of that date is repealed unless a later enaeted statute thatis enaeted before JMlt1ary12813 deletes or extends that date

SEC 4 Section 15633 of the Welfare and Institutions Codeas added by Section 6 of Chapter 140 of the Statutes of 2005 isrepealed

15633 (a) The leports made ptlrstlMlt to Seetions 15638 and15631 shall be eonndential and may be diselosed on) as pro videdin stlbdivision (b) AIl) violation of the eonfidetttialrt reqtliredbythis ehapter is a misdemeanor ptlnishable bynot more than sixmoftths in the eounry jail b)l a nne ofn Vehundred dollars ($588)or byboth that nne and imprisonment

(b) Reports of stlspeeted elder 01 dependent adttlt abttse andinfenmation eontained therein may be diselosed only to thefollo vving

(1) Persons or ageneies to vvhomdiselostlfe of information orthe identity of the reporting pMty is permitted tlnder Seetion156335

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(2) EA) Persems who Me trftined Md qtlftlified to sene onmtlltidiseiplinftfjf persoflftel teftll1smfty diselose to one Mlotherinfermtttion Md reeords thftt Me relevflnt to the preventionidentifiefttion or trefttment of ftbttse of elderly or dependentpersons

EB) Exeept ftSpro vided in SMpMftgrftph EA) Mly personnel ofthe ftltlltidiseiplinftry teftftl or ftgeney thftt reeeives informfttionptlrstlftnt to this ehflPtel shftH he tinder the sftme ohligfttions ftndsttbjeet to the sftme eonfidentiftlity penftlties ftS the pelsondisdosing or pro viding thftt infermfttion The informfttion ohtftinedshftH he mftintftined in ft ftlftflfter thftt enstlfes the ftlftXimttmproteetion ofprivftey ftnd eonfidentiftlity rights

Ee) This seetion shftH not he eonstftled to ftHo diselostlfe ofMy reports or reeords rde vMit to the reports of elder or dependentftdttlt ftbttse if the disdostlfe votlld he prohibited hy My other110visions of stftte or federftllft bullbull ftppliefthle to the reports or reeordsrele vftnt to the reports of the flbttse

Ed) This seetion shftH heeome operftti ve on Jftntlftry I 2013SEC 5 Section 15634 of the Welfare and Institutions Code

as amended by Section 7 of Chapter 140 of the Statutes of 2005is amended to read

15634 (a) No care custodian clergy member healthpractitioner mandated reporter of suspected financial abuse of anelder or dependent adult or employee of an adult protectiveservices agency or a local law enforcement agency who reports aknown or suspected instance of abuse of an elder or dependentadult shall be civilly or criminally liable for any report requiredor authorized by this article Any other person reporting a knownor suspected instance of abuse of an elder or dependent adult shallnot incur civil or criminal liability as a result of any reportauthorized by this article unless it can be proven that a false reportwas made and the person knew that the report was false No personrequired to make a report pursuant to this article or any persontaking photographs at his or her discretion shall incur any civil orcriminal liability for taking photographs of a suspected victim ofabuse of an elder or dependent adult or causing photographs to betaken of such a suspected victim or for disseminating thephotographs with the reports required by this article Howeverthis section shall not be construed to grant immunity from thisliability with respect to any other use of the photographs

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(b) No care custodian clergy member health practitionermandated reporter of suspected financial abuse of an elder ordependent adult or employee of an adult protective services agencyor a local law enforcement agency who pursuant to a request froman adult protective services agency or a local law enforcementagency investigating a report of known or suspected abuse of anelder or dependent adult provides the requesting agency withaccess to the victim of a known or suspected instance of abuse ofan elder or dependent adult shall incur civil or criminal liabilityas a result of providing that access

(c) The Legislature finds that even though it has providedimmunity from liability to persons required to report abuse of anelder or dependent adult immunity does not eliminate thepossibility that actions may be brought against those persons basedupon required reports of abuse In order to further limit the financialhardship that those persons may incur as a result of fulfilling theirlegal responsibilities it is necessary that they not be unfairlyburdened by legal fees incurred in defending those actionsTherefore a care custodian clergy member health practitioneror an employee of an adult protective services agency or a locallaw enforcement agency may present to the StMe B6Md 6pound C6ntr61California Victim Compensation and Government Claims Boarda claim for reasonable fttt6meys attorneys fees incurred in anyaction against that person on the basis of making a report requiredor authorized by this article if the court has dismissed the actionupon a demurrer or motion for summary judgment made by thatperson or if he or she prevails in the action The StMe B6ftrd 6fC6ntr61 California Victim Compensation and Government ClaimsBoard shall allow that claim if the requirements ofthis subdivisionare met and the claim shall be paid from an appropriation to bemade for that purpose Att6mey s Attorneys fees awarded pursuantto this section shall not exceed an hourly rate greater than the ratecharged by the Attorney General at the time the award is madeand shall not exceed an aggregate amount of fifty thousand dollars($50000) This subdivision shall not apply if a public entity hasprovided for the defense of the action pursuant to Section 995 ofthe Government Code

(d) This seeti6n shftll remftin in dfeet 6ttly tmtil J8fttlfll)1 2013ftnd ftS6pound thftt dMe is repeftled wIess ft IMer enfteted stMute thMis en8eted before Jftftt18ry12013 deletes 6r extends thM dMe

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SEC 6 Section 15634 of the Welfare and Institutions Codeas amended by Section 711 ojChapter 538 of the Statutes oj2006is repealed

15634 eft) No eMe etlstodimt ele~ member hea-lthpraetitioner or employee of an adttlt proteeti-ve serviees ageneyor a loeal larn enforeement ageney who reports a lrnown orsttspeeted instanee of elder or dependent adtllt abtlse shaHbe eiviHyor eriminalry liable for any report reqttired or attthorizedby thisartiele Any other peIson reporting a lrnOWfior stlspeeted instaneeof elder or dependeItt adttIt abtlse shall not inettr ei vil or eriminalliability as a restllt of any report attthorizedby this artiele ttnlessit ean be pro ven that a false report was made and the person knewthat the report vvasrelse gteJoperson reqtlired to make a reportptlrstlant to this artiele or any person taking photographs at his orher diseretion shall inettr any eivii or eriminalliability fer takingphotographs of a stlspeeted vietim of elder or dependent adtlltabtlse or eattsing photographs to be taken of the stlspeeted vietimor fOIdisseminating the photographs with the reports reqtlired bythis artiele However this seetion shall not be eonstmed to gIantimmttnity from this liability vvithrespeet to any other tlse of thephotographs

(b) No eMe etlstodian el~ member health praetitioner oremployee of an adtlIt proteetive seniees ageney or a loea-l lawenfereemeItt ageney who pttrsttant to a reqtlest from an adttltproteeti-ie seniees ageney or a loeal lavI enforeemeItt ageneyinvestigating a report of lrnOViftor stlspeeted elder or dependentadtllt abtlse proides the reqtlesting ageney with aeeess to thevietim of a lrnovvnor stlspeeted instanee of elder or dependeIttadttlt abtlse shall inettr eiviI or eriminal liability as a restlIt ofpro viding that aeeess

ee) The Legislatttre finds that even thOtlgh it has pIOvidedimmtlnity from liability to peIsons reqtlired to report elder ordependent mit abttse immtlIlity does not eliminate the possibilitythat aetions may be brotlght agamst those persons based tlJ0nreqtlired reports of abtlse In order to fttrther limit the finaneialhardship that those persons may inettr as a resttIt offttlfilling theirlegal responsibilities it is neeessary that they not be tlftreirlybttrdened by legal fees inetlffed in defending those aetionsTherefore a eMeetlstodian ele~ member health praetitioneror employee ofan adttlt proteetive seniees ageney or a loeallffi7t

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enfOieement agene)l ma) present to the CalifeJmia VietimCempensatien and Geemment Claims BeMd a elaim feJrreasenable atteme)s fees inetJifedin any aetien agffinstthat persenen the basis efmMcinga repert reqtlired er attth6rizedb)l this Mtieleif the eeM has dismissed the aetien t1pen a demtlffer el metienfur sttmillM)lj tldgment made b that persen el ifhe er she preailsin the aetien The Califumia Vietim Cempensatien andGeemment Claims Beard shall allew that ehtim if thereqtlirements ef this sttbdi isien Me met and the elaim shall bepaid fl6man fllprepriatien te be made fur that ptllpese Atteme) sfees aarded ptliStlMltto this seetien shall net exeeedan hetlilyrate greater than the late eharged b the Attemey General at thetime the aard is made and sh8llnet exeeedan aggregate amettllteffitty thetlsanBdellMs ($50000) This sttbdF isien shall net applyif a pttblie enti) has pmbullided fer the defense ef the aetien ptlistlantte Seetien 995 ef the Ge emment Cede

(6) This seetien shall beeeme eperatie en JMttlM)12013SEC 7 Section 15640 of the Welfare and Institutions Code

as amended by Section 9 of Chapter 140 of the Statutes of2005is amended to read

15640 (a) (1) An adult protective services agency shallimmediately or as soon as practically possible report by telephoneto the law enforcement agency having jurisdiction over the caseany known or suspected instance of criminal activity and to anypublic agency given responsibility for investigation in thatjurisdiction of cases of elder and dependent adult abuse everyknown or suspected instance of abuse pursuant to Section 15630or 156301 of an elder or dependent adult A county adult protectiveservices agency shall also send a written report thereof within twoworking days of receiving the information concerning the incidentto each agency to which it is required to make a telephone reportunder this subdivision Prior to making any cross-report ofallegations of financial abuse to law enforcement agencies anadult protective services agency shall first determine whether thereis reasonable suspicion of any criminal activity

(2) If an adult protective services agency receives a report ofabuse alleged to have occurred in a long-term care facility thatadult protective services agency shall immediately inform theperson making the report that he or she is required to make thereport to the long-term care ombudsman program or to a local law

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enforcement agency The adult protective services agency shallnot accept the report by telephone but shall forward any writtenreport received to the long-term care ombudsman

(b) If an adult protective services agency or local lawenforcement agency or ombudsman program receiving a report ofknown or suspected elder or dependent adult abuse determinespursuant to its investigation that the abuse is being committed bya health practitioner licensed under Division 2 (commencing withSection 500) of the Business and Professions Code or any relatedinitiative act or by a person purporting to be a licensee the adultprotective services agency or local law enforcement agency orombudsman program shall immediately or as soon as practicallypossible report this information to the appropriate licensingagency The licensing agency shall investigate the report in lightof the potential for physical harm The transmittal of informationto the appropriate licensing agency shall not relieve the adultprotective services agency or local law enforcement agency orombudsman program of the responsibility to continue its owninvestigation as required under applicable provisions of law Theinformation reported pursuant to this paragraph shall remainconfidential and shall not be disclosed

(c) A local law enforcement agency shall immediately or assoon as practically possible report by telephone to the long-termcare ombudsman program when the abuse is alleged to haveoccurred in a long-term care facility or to the county adultprotective services agency when it is alleged to have occurredanywhere else and to the agency given responsibility for theinvestigation of cases of elder and dependent adult abuse everyknown or suspected instance of abuse of an elder or dependentadult A local law enforcement agency shall also send a writtenreport thereof within two working days of receiving the informationconcerning the incident to any agency to which it is required tomake a telephone report under this subdivision

(d) A long-term care ombudsman coordinator may report theinstance of abuse to the county adult protective services agencyor to the local law enforcement agency for assistance in theinvestigation of the abuse if the victim gives his or her consent Along-term care ombudsman program and the Licensing andCertification Division ofthe State Department ofIIealth SeI ieesPublic Health shall immediately report by telephone and in writing

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1 within two working days to the bureau any instance of neglect2 occurring in a health care facility that has seriously harmed any3 patient or reasonably appears to present a serious threat to the4 health or physical well-being of a patient in that facility If a victim5 or potential victim of the neglect withholds consent to being6 identified in that report the report shall contain circumstantial7 information about the neglect but shall not identify that victim or8 potential victim and the bureau and the reporting agency shall9 maintain the confidentiality of the report until the report becomes

lOa matter of public record11 (e) When a county adult protective services agency a long-term12 care ombudsman program or a local law enforcement agency13 receives a report of abuse neglect or abandonment of an elder or14 dependent adult alleged to have occurred in a long-term care15 facility that county adult protective services agency long-term16 care ombudsman coordinator or local law enforcement agency17 shall report the incident to the licensing agency by telephone as18 soon as possible19 (f) County adult protective services agencies long-term care20 ombudsman programs and local law enforcement agencies shall21 report the results of their investigations of referrals or reports of22 abuse to the respective referring or reporting agencies23 Eg) This seeti6n shall remain in dIcet 6ny tlfttilJ~ 1201324 and as 6f that date is repealed unless a later enaeted stMttte that25 is enaeted bef6re Janttary 12013 deletes 6r extends that date26 SEC 8 Section 15640 of the Welfare and Institutions Code27 as added by Section 10 of Chapter 140 of the Statutes of 2005 is28 repealed 29 15640 Ea) E1) An adult pr6teeti e sen iees ageney shall30 immediate) 6r as S66nas praetieal) p6ssible rep6rt 0 te1eph6ne31 t6 the la~ enf6reement ageney haing jttrisdieti6n 6er the ease32 an kntMfl6r suspeeted instanee 6f eriminal aeth it) and t6 any33 pttblie agene gien resp6nsibilit) f6r illestigMi6n in that34 jurisdieti6n 6f eases 6f elder and dependent adttlt abuse eery35 kfl6n6r suspeeted instanee 6f aetlse purstlant t6 Seeti6n 1563036 6f an elder 6r dependent adttlt A e6t11ltyadttlt pr6teeti e sen iees37 ageney shall als6 send a TV ritten rep6rt there6f Vv ithin ti 6 V 6rking38 days 6f reeeiving the inwrmati6n e6neeming the ineident t6 eaeh39 ageney t6 vv hieh it is reqtlired t6 make a teleph6ne Iep6rt tlftder40 this subdiisi6n Pri6r t6 making an er6SSIep6rt 6f allegati6ns

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offilumeial abttse to lavvenforeemertt a-geneiesMladult proteetFesen iees agene) shaH first determine whether there is reasonablesuspieion of tmJ eriminM aeti vit

(2) If an adult proteeti ve sen iees agene) reeei ves a report ofabttse alleged to ha ve oeettlTed in a long teml eare faeilit) thatadttlt proteeti ve sen iees ageney shall immediate) infoml theperson making the report that he or she is required to make thereport to the long term eare ombttdsman program 01 to aloeallawenforeemertt a-geneyThe adttlt proteeti ve sen iees agene) shallnot aeeept the report b) telephone btlt shall fonvMd flit) vvTittenreport leeehed to the long teml eare ornbtldsman

(b) If an adtllt proteetive seniees ageney or loeal lawenforeement agene) or ornbtldsman program reeei vinga report ofkftovm or stlspeeted elder or dependent adttlt MtlSe determinespttrstlartt to its inYestigationthat the flbttseis being eommitted bya health 11aetitioner lieensed tlftder Division 2 (eonJffieneingwithSeetion 500) of the Btlsiness flftdProfessions Code or flit) lelatedinitiatiye aet or by a person ptlrporting to be a lieensee the adtlltproteetive seniees a-gene) or loeallaw enforeement agene) orombttdsman program shall immediate) or as soon as praetieall)possible report this mformation to the appropriate lieensingagene) The lieensing agene) shall investigate the report in lightof the poterttial fur ph) sieal hamlThe trMlsmittfllof informationto the appropriate lieensing agene) shall not relieve the adtlltproteethe serviees agene) or loeallaw enforeement agene) orornbtldsmflft program of the responsibility to eorttinue its 0~vninvestigation as reqttired tlftder applieable provisions of law Theinformation reported pttrstlant to this paragraph shall remaineoniiderttial flItdshfl11not be diselosed

(e) A loealla bullbull enforeement agefte) shall immediate) or assoon as praetieal) possible report b) telephone to the long termeare ombtldsman program bullbullhen the abtlse is alleged to haveoeetllTed in a long term eare faeilit) or to the eotlnt) adttltproteetive seniees agene) bullbullhen it is alleged to have oeeUlfedan) vvhere else flftd to the agene) gh en responsibilit) for theinvestigation of eases of elder and dependent adttlt abtlse everykftovm or stlspeeted instflftee of MtlSe of an elder or dependerttadttlt A loeallaw enforeement ageney shall also send a Ylfittenreport thereof bullbullithin ftv0 vvorking dfl)s ofreeei ving the infomlation

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AB518 -22-

eoneeming the ineident to an agenC) to vvhieh it is reqtlired toftutke a telephone report tlIlderthis stlbdh ision

Ed) A long tenn eare ombttdsman eoordinator mll) report theinstlllleeof abtlse to the eot1llryadttlt proteetive seniees ageneyor to the loeal la bullbull enforeement agenC) for assistlllleein theinvestigationof the abttse if the vietim gives his or her eonsent Along tenn eMe ombtldsmllllprogram llIldthe Lieensing llIldCertifieation Division of the State DepMtment ofIIealth Senieesshall immediately report b telephone llIldin vvriting vvithin hiv0tv orkingdll) s to the bm eatl an instlllleeof negleet oeet1ffingin ahealth eare faeiliry that has seriotlsl hMmed an patient orreasonably appeMs to present a seriotls threat to the health orph sieal vvell being of a patient in that ffteiliry If a J ietim orpotential TV ietim of the neglect vithholds eonsent to being identifiedin that report the report shall eontain eirettmstlllltialinformationabom the negleet bm shall not identif) that vietim or potentialvietim and the bttreatl llIldthe reporting agenC) shall maintain theeoniidentialiry of the report tlntil the report beeomes a matter ofptlblie reeord

Ee) hen a eotlllryadttlt proteeti ve sen iees agenC) a long termeare ombtldsman program or a loeal la enforeement ageneyreeeives a report ofabttse negleet or ablllldonmentofllllelder ordependent adttlt alleged to have oeet1ffedin a long term earefaeiliry that eotlnty adtllt proteeti ve sen iees agenC) long termeare ombtldsmlllleoordinator or loeallavv enforeement ageneyshall report the ineident to the lieensing agene b telephone assoon as possible

ED COtl1lt)adtllt proteetive seniees ageneies long term eareombttdsman programs and 10ea1lavvenforeement ageneies shallreport the restllts of their investigations of referrals or reports ofabtlse to the respeetive referring or reporting ageneies

Eg) This seetion shall beeome operative on JllIlt1flry12013SEC 9 Section 156555 of the Welfare and Institutions Code

as amended by Section 11 of Chapter 140 of the Statutes of 2005is amended to read

156555 A county adult protective services agency shallprovide the organizations listed in paragraphs (v) (w) and (x) ofSection 1561017 and mandated reporters of suspected financialabuse of an elder or dependent adult pursuant to Section 156301with instructional materials regarding abuse and neglect of an elder

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1 or dependent adult and their obligation to report under this chapter2 At a minimum the instructional materials shall include the3 following4 (a) An explanation of abuse and neglect of an elder or dependent

adult as defined in this chapter6 (b) Information on how to recognize potential abuse and neglect7 of an elder or dependent adult8 (c) Information on how the county adult protective services9 agency investigates reports of known or suspected abuse and

neglect11 (d) Instructions on how to report known or suspected incidents12 of abuse and neglect including the appropriate telephone numbers13 to call and what types of information would assist the county adult14 protective services agency with its investigation of the report

(e) This seetion shall remain in eifcet only tlfttil Jflfttlttry 1 201316 and as of that date is repealed tmless a later enaeted stattlte that17 is enaeted before Jafttlttry 12013 deletes or extends that date18 SEC 10 Section 156555 of the Welfareand Institutions Code19 as amended by Section 712 of Chapter 538 of the Statutes of2006

is repealed21 156555 A eottftt) achtlt proteetive serviees agene) shall22 pmvide the organi2ations listed in paragraphs (v) (vv) and Ex) of23 Seetion 1561017 with instItletional materials regarding elder and24 dependent achtlt abtlse and negleet and their obligation to report

under this ehapter At a minimum the instruetional materials shall26 inelude the follovving27 (a) An explanation of elder and dependent achtlt abuse and28 negleet as defined in this ehapter29 (b) Information on how to reeogni2e potential elder and

dependent achtlt abuse and negleet31 (e) Information on ho vIthe eottftt) achtlt proteeti ve serv iees32 agene) investigates reports of knovm or suspeeted abuse and33 negleet34 (d) Instmetions on hovv to report ]movvn or suspeeted ineidents

of abuse and negleet ineltlding the appropriate telephone llt11llbers36 to eall and what rypes of information vvould assist the eount) adult37 proteetirv e sen iees agene) with its in (estigation of the report38 (e) This seetion shall beeome operati e on January I 20 13

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AB 608 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 608Pan

Health care coverage telemedicine

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to health care

httpwww1eginfocagovpubII-12Ibillasmab_0601-0650ab _608_ bill_ 20120201_status 652012

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AB 783 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 783AUTHOR(S) HayashiTOPIC Professional corporations licensed physical therapists

and occupational therapists+LAST AMENDED DATE 04072011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

COMMCOMMCOMM

HIST ACT DATEHIST ACTION

From committeeRule 62(a)

LOCATION SENACTION DATEACTION

06282011In committee Set second hearing Failed passagewithout further action pursuant to Joint

LASTLAST

BUSINESS PROFESSIONS AND ECONOMIC DEVELOPMENT06272011

Set second hearing Failed passage in Committee

TITLE An act to amend Section 2406 of the Business andProfessions Code and to amend Section 134015 of theCorporations Code relating to professional corporations

httpwwwleginfocagovpub11-12billasmab_0751-0800ab_783_bill_20111115_status 652012

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AMENDED IN ASSEMBLY APRIL 7 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 783

Introduced by Assembly Member Hayashi

February 172011

An act to amend Section 2406 of the Business and Professions Codeand to amend Section 134015 of the Corporations Code relating toprofcssiemal eorporations and deelaring the mgeney thereof to tttkeeffeet immediatelyprofessional corporations

LEGISLATIVE COUNSELS DIGEST

AB 783 as amended Hayashi Professional corporations licensedphysical therapists and occupational therapists

Existing law regulating professional corporations provides that certainhealing arts practitioners may be shareholders officers directors orprofessional employees of a medical corporation-er-a podiatric medicalcorporation or a chiropractic corporation subject to certain limitations

This bill would add licensed physical therapists and licensedoccupational therapists to the list of healing arts practitioners who maybe shareholders officers directors or professional employees of thosecorporations The bill would also make conforming changes to a relatedprovision

This bill vv otlld deelare that it is to take etteet immediately as anmgeney statttte

Vote -majority Appropriation no Fiscal committee noState-mandated local program no

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Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 2406 of the Business and Professions2 Code is amended to read3 2406 A medical corporation or podiatry corporation is a4 corporation that is authorized to render professional services as

defined in Sections 13401 and 134015 ofthe Corporations Code6 so long as that corporation and its shareholders officers directors7 and employees rendering professional services who are physicians8 and surgeons psychologists registered nurses optometrists9 podiatrists chiropractors acupuncturists naturopathic doctors

physical therapists or in the case of a medical corporation only11 physician assistants marriage and family therapists or clinical12 social workers are in compliance with the Moscone-Knox13 Professional Corporation Act the provisions of this article and all14 other statutes and regulations now or hereafter enacted or adopted

pertaining to the corporation and the conduct of its affairs16 With respect to a medical corporation or podiatry corporation17 the governmental agency referred to in the Moscone-Knox18 Professional Corporation Act is the board19 SEC 2 Section 134015 of the Corporations Code is amended

to read21 134015 Notwithstanding subdivision (d) of Section 1340122 and any other provision of law the following licensed persons23 may be shareholders officers directors or professional employees24 of the professional corporations designated in this section so long

as the sum of all shares owned by those licensed persons does not26 exceed 49 percent ofthe total number of shares of the professional27 corporation so designated herein and so long as the number of28 those licensed persons owning shares in the professional29 corporation so designated herein does not exceed the number of

persons licensed by the governmental agency regulating the31 designated professional corporation32 (a) Medical corporation33 (1) Licensed doctors of podiatric medicine34 (2) Licensed psychologists

(3) Registered nurses36 (4) Licensed optometrists37 (5) Licensed marriage and family therapists38 (6) Licensed clinical social workers

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-3-

(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists(10) Naturopathic doctors(11) Licensed physical therapists(12)Licensed occupational therapists(b) Podiatric medical corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed optometrists(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(8) Licensed physical therapists(9) Licensed occupational therapists(c) Psychological corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Registered nurses(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed chiropractors(8) Licensed acupuncturists(9) Naturopathic doctors(d) Speech-language pathology corporation(1) Licensed audiologists(e) Audiology corporation(1) Licensed speech-language pathologists(t) Nursing corporation(l) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists

AB783

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AB783 -4-

(10) Naturopathic doctors(g) Marriage and family therapy corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed clinical social workers(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(h) Licensed clinical social worker corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed marriage and family therapists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(i) Physician assistants corporation(1) Licensed physicians and surgeons(2) Registered nurses(3) Licensed acupuncturists(4) Naturopathic doctorsG) Optometric corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(k) Chiropractic corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed acupuncturists(9) Naturopathic doctors

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-5- AB783

(10) Licensed physical therapists(11) Licensed occupational therapists(l) Acupuncture corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed physician assistants(9) Licensed chiropractors(10) Naturopathic doctors(m) Naturopathic doctor corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed physician assistants(5) Licensed chiropractors(6) Licensed acupuncturists(7) Licensed physical therapists(8) Licensed doctors of podiatric medicine(9) Licensed marriage family and child counselors(10) Licensed clinical social workers(11) Licensed optometrists(n) Dental corporation(1) Licensed physicians and surgeons(2) Dental assistants(3) Registered dental assistants(4) Registered dental assistants in extended functions(5) Registered dental hygienists(6) Registered dental hygienists in extended functions(7) Registered dental hygienists in alternative practiceSEC 3 This aet is Ml ttrgene statttte neeessary for the

immediatepresenation of the ptlblie peaee hettlihor saferyvvithinthe meMling of Miele IV of the Constittttion Mld shaHgo intoimmediate effeet The fftets eonstitttting the neeessiry Me

In order to 8t1thorizelieensed physieal therapists to beshareholders offieers mreetors or professional employees of

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AD7S3 -6-

1 memeal eorpofatiofts andpodiatrie medieal eorpofatiofts as soOft2 as possible it is fteeessary that this aet tftke dIeet immediately

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AB 800 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 800Huber

Boards and commissions time reporting

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to add Section 1156410 to the Government Coderelating to boards and commissions

httpwwwleginfocagovpubI11-12billasmlab_0751-0800ab _800_ bill_20120201_status 652012

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AB 958 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 958Bill Berryhill

Regulatory boards limitations periods

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to Art IV Sec 10(e) of theFrom committee Filed with the Chiefto Joint Rule 56BUSINESS PROFESSIONS AND CONSUMER PROTECTION

TITLE An act to add Section 1105 to and to repeal Sections16702 22305 296005 3137 375051 498205499032 5561 5661 76865 988420 and 98898 of theBusiness and Professions Code relating to regulatoryboards

httpwwwleginfocagovpub11-12lbillasmlab_0951-1 OOOab_958 _bill_ 20120202_ status 652012

AB 1003 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 1003Smyth

Professional and vocational licenses

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to professional and vocational licenses

httpwwwleginfocagovpubll-12Ibillasmlab_l00l-l 050ab_1003 _bill_2012020 I_statu 652012

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AB 1205 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1205AUTHOR(S) Bill BerryhillTOPIC Licensed behavior analysts+LAST AMENDED DATE 04042011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to amend Section 499018 of and to add Chapter52 (commencing with Section 252971) to Division 2 ofthe Business and Professions Code relating to healingarts

httpwwwleginfocagovpub11-12billasmab _120 1-1250ab_1205 _bill_20 120201_statu 652012

AB 1435 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1435AUTHOR(S) Dickinson (Coauthors Alejo Buchanan and Hill) TOPIC Child abuse reporting athletic personnelHOUSE LOCATION SEN+LAST AMENDED DATE OS252012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredState-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS for

LASTLAST

APPROPRIATIONSOS252012

Do pass as amendedAyes 17 Noes OOPASS

TITLE An act to amend Section 111657 of the Penal Coderelating to child abuse reporting

httpwww1eginfocagovpub11-12lbiIVasmab_140 1-1450ab _1435 _bill~0120601_statu 652012

AMENDED IN ASSEMBLY MAY 25 2012

AMENDED IN ASSEMBLY MARCH 21 2012

AMENDED IN ASSEMBLY MARCH 142012

AMENDED IN ASSEMBLY FEBRUARY 29 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1435

Introduced by Assembly Member Dickinson(Coauthors Assembly Members Alejo Buchanan and Hill)

January 4 2012

An act to amend Section 111657 of the Penal Code relating to childabuse reporting

LEGISLATIVE COUNSELS DIGEST

AB 1435 as amended Dickinson Child abuse reporting athleticpersonnel

Existing law the Child Abuse and Neglect Reporting Act requiresa mandated reporter as defined to report whenever he or she in his orher professional capacity or within the scope of his or her employmenthas knowledge of or observed a child whom the mandated reporterknows or reasonably suspects has been the victim of child abuse orneglect Failure to report an incident is a crime punishable byimprisonment in a county jail for a period of up to 6 months a fine ofup to $1000 or by both that imprisonment and fine

This bill would add athletic coaches athletic administrators andathletic directors employed by a public or private organization to thelist of individuals who are mandated reporters The bill otlld reqtlirean ptlblie or pri v ate orgflftizationernplo ing flftathletieeoaen Mhletie

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AB 1435 -2-

ftdministrator or Mhletie direetor to hftve provided initiftl trftining byJflfttlM) I 2014 on speeified mfttters relMing to ehiM a-bttse ftftdnegleetfor those employees On ftftd ftfter lftnuftry 12014 the bill vvottld reeJtlireinitiftl trftining to be pro vided IV ithin 6 months of the dMe ftn indi vidttftlbeeomes employed in thM eftlfteiry The bill vvouM require theseindividuftls to eomplete eontifttling tminmg every 2 yeMs

By imposing the reporting requirements on a new class of personsfor whom failure to report specified conduct is a crime ftftdby imposingne~ trftining reeJtlirements on publie oIgftfiiZMions ineluding loeftlgOvernment entities this bill would impose a state-mandated localprogram

The Cftlifomift Constittltion reqtlires the stMe to reimbtlfse loeftlftgeneies ftnd sehool distriets for eertftin eosts mftftdMed by the stftteStftttltory pItYvisions esffiblish proeedtlfes for mftkffigthftt reimbtlfsement

This bill hould pro vide thM 4vith regMd to eertftin mftftdfttes noIeimbtlfsement is reeJtlired by this ftet for ft speeified reftson

Vith regftM to ftny other mftndMeS this bill vv0tlM pro vide thM if theCommission on StMe ~bndtltes determines thM the bill eontftins eostsso mftndftted by the stftte reimbttIsement for those eosts shftll be mftdeptlfStlftnt to the stftttltory pro visions noted ttbo ve

The California Constitution requires the state to reimburse localagencies and school districts for certain costs mandated by the stateStatutory provisions establish procedures for making thatreimbursement

This bill would provide that no reimbursement is required by this actfor a specified reason

Vote majority Appropriation no Fiscal committee yesState-mandated local program yes

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 111657 of the Penal Code is amended2 to read3 111657 (a) As used in this article mandated reporter is4 defined as any of the following5 (1) A teacher6 (2) An instructional aide7 (3) A teachers aide or teachers assistant employed by any8 public or private schooL9 (4) A classified employee of any public schooL

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1 (5) An administrative officer or supervisor of child welfare and2 attendance or a certificated pupil personnel employee of any public3 or private school4 (6) An administrator of a public or private day camp

(7) An administrator or employee of a public or private youth6 center youth recreation program or youth organization7 (8) An administrator or employee of a public or private8 organization whose duties require direct contact and supervision9 of children

(9) Any employee of a county office of education or the State11 Department of Education whose duties bring the employee into12 contact with children on a regular basis13 (10) A licensee an administrator or an employee of a licensed14 community care or child day care facility

(11) A Head Start program teacher16 (12) A licensing worker or licensing evaluator employed by a17 licensing agency as defined in Section 111651118 (13) A public assistance worker19 (14) An employee of a child care institution including but not

limited to foster parents group home personnel and personnel of21 residential care facilities22 (15) A social worker probation officer or parole officer23 (16) An employee of a school district police or security24 department

(17) Any person who is an administrator or presenter of or a26 counselor in a child abuse prevention program in any public or27 private school28 (18) A district attorney investigator inspector or local child29 support agency caseworker unless the investigator inspector or

caseworker is working with an attorney appointed pursuant to31 Section 317 of the Welfare and Institutions Code to represent a32 mmor33 (19) A peace officer as defined in Chapter 45 (commencing34 with Section 830) of Title 3 of Part 2 who is not otherwise

described in this section36 (20) A firefighter except for volunteer firefighters37 (21) A physician and surgeon psychiatrist psychologist dentist38 resident intern podiatrist chiropractor licensed nurse dental39 hygienist optometrist marriage and family therapist clinical social

worker professional clinical counselor or any other person who

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AB 1435 -4-

is currently licensed under Division 2 (commencing with Section500) of the Business and Professions Code

(22) Any emergency medical technician I or II paramedic orother person certified pursuant to Division 25 (commencing withSection 1797) of the Health and Safety Code

(23) A psychological assistant registered pursuant to Section2913 of the Business and Professions Code

(24) A marriage and family therapist trainee as defined insubdivision (c) of Section 498003 of the Business and ProfessionsCode

(25) An unlicensed marriage and family therapist internregistered under Section 498044 of the Business and ProfessionsCode

(26) A state or county public health employee who treats a minorfor venereal disease or any other condition

(27) A coroner(28) A medical examiner or any other person who performs

autopsies(29) A commercial film and photographic print processor as

specified in subdivision (e) of Section 11166 As used in thisarticle commercial film and photographic print processor meansany person who develops exposed photographic film into negativesslides or prints or who makes prints from negatives or slides forcompensation The term includes any employee of such a personit does not include a person who develops film or makes prints fora public agency

(30) A child visitation monitor As used in this article childvisitation monitor means any person who for financialcompensation acts as monitor of a visit between a child and anyother person when the monitoring of that visit has been orderedby a court of law

(31) An animal control officer or humane society officer Forthe purposes ofthis article the following terms have the followingmeanings

(A) Animal control officer means any person employed by acity county or city and county for the purpose of enforcing animalcontrol laws or regulations

(B) Humane society officer means any person appointed oremployed by a public or private entity as a humane officer who is

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-5- AB 1435

qualified pursuant to Section 14502 or 14503 of the CorporationsCode

(32) A clergy member as specified in subdivision (d) of Section11166 As used in this article clergy member means a priestminister rabbi religious practitioner or similar functionary of achurch temple or recognized denomination or organization

(33) Any custodian of records of a clergy member as specifiedin this section and subdivision (d) of Section 11166

(34) Any employee of any police department county sheriffsdepartment county probation department or county welfaredepartment

(35) An employee or volunteer of a Court Appointed SpecialAdvocate program as defined in Rule 1424 ofthe California Rulesof Court

(36) A custodial officer as defined in Section 8315(37) Any person providing services to a minor child under

Section 12300 or 123001 of the Welfare and Institutions Code(38) An alcohol and drug counselor As used in this article an

alcohol and drug counselor is a person providing counselingtherapy or other clinical services for a state licensed or certifieddrug alcohol or drug and alcohol treatment program Howeveralcohol or drug abuse or both alcohol and drug abuse is not inand of itself a sufficient basis for reporting child abuse or neglect

(39) A clinical counselor trainee as defined in subdivision (g)of Section 499912 of the Business and Professions Code

(40) A clinical counselor intern registered under Section 499942of the Business and Professions Code

(41) An athletic coach athletic administrator or athletic directoremployed by a public or private organization including but notlimited to schools and instittttions of higher e6ueation thatprovidekindergarten or any of grades 1 to 12 inclusive

(b) Except as provided in paragraph (35) of subdivision (a)volunteers of public or private organizations whose duties requiredirect contact with and supervision of children are not mandatedreporters but are encouraged to obtain training in the identificationand reporting of child abuse and neglect and are further encouragedto report known or suspected instances of child abuse or neglectto an agency specified in Section 111659

(c) Employers are strongly encouraged to provide theiremployees who are mandated reporters with training in the duties

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AB 1435 -6-

imposed by this article This training shall include training in childabuse and neglect identification and training in child abuse andneglect reporting Whether or not employers provide theiremployees with training in child abuse and neglect identificationand reporting the employers shall provide their employees whoare mandated reporters with the statement required pursuant tosubdivision (a) of Section 111665

(d) School districts that do not train their employees specifiedin subdivision (a) in the duties of mandated reporters under thechild abuse reporting laws shall report to the State Department ofEducation the reasons why this training is not provided

(e) Unless otherwise specifically provided the absence oftraining shall not excuse a mandated reporter from the dutiesimposed by this article

(f) Public and private organizations are encouraged to providetheir volunteers whose duties require direct contact with andsupervision of children with training in the identification andreporting of child abuse and neglect

(g) (1) On 6r befure Jttmtary 1 2014 ttll) pttblie 6r privflie6rganizttti6ftemp16ing ttft Mhletie e6tteh Mhletie ttdmimstrltt6r6r Mhletie direet6r ttSspeeified ift pMttgrttph (41) 6f sttbdivisi6ft(tt) shttll pr6 vide iftitittl trttining f6r th6se empl~ ees 6n thefull6vvingmtttters

(A) The identifiettti6n 6f ehild ttbttse ttnd negleet(D) Aeti vities thttt e6ftstitttte inltppr6prittte ttftd illegttl e6ntttet

betiveen tt 6tlth ltftd ltft ttthietie e6tteh Mhletie ttdmiftistrttt6r 6rttthietie direet6r

(6) The resp6nsibilities 6f tt pers6n identified lIStt mttndfliedrep6rter in this seeti6n ineIttding btl ft6t limited t6 ttll 6f thefull6 vving

(i) T6 ~h6m tt rep6rt is reqtlired t6 be mttde(ii) The inf6rmttti6n thttt is reqttired t6 be ifte1ttdedin tt rep6rt(iii) The time vvithiftvvhieha mandated rep6rter is reqttired t6

file tt rep6rt(2) Initittl training shall be pr6vided b perS6ftSkn6vvledgeltble

ift the identifiettti6n 6fehild aettse ttnd negleet inltppf6prittte ltftdillegal e6ntaet bem eena 6ttth and ltftadttIt ltftdstatttt6ry rep6rtingreqttiremeftts ltftdshttll e6nsist 6ftw6 h6ttrs 6felassr66m 6r 6therinteraetive trainiftg ltftdedttettti6n

95

-7- AB 1435

1 (h) Commeneing on fmd aftel Jfmtlftry12014 fmofgfmization2 speeified in sttbdivision (g) shaHpro ide initial training within six3 months of the date that fm individtutl beeomes empleryed as an4 Mhletie eoaeh athletie administrator or athletie direetor ttnless5 the indi idttal reeei ed training Hithin tw0 years prior to the date6 the indi idtlal is empleryed An Mhletie eoaeh athletie7 administrator or athletie direetor Hho has leeeied initial training8 ptlfStlafttto sttbdiision (g) shall eomplete eontifttling training9 thereafter onee eery two years eonsisting of one hottf of

10 elassroom or other interaeti e training fmd edtteation11 SEC 2 No reimbtlrsement is reqtlired by this aet pttfStlafttto12 Seetion 6 ofArtiele )GIlD of the California Constitution for eertain13 eosts that may be inetllTed by a loeal ageney or sehool distriet14 beeatlse ift that regard this aet ereates a nev erime or infraetion15 eliminates a erime or infraetion or ehfmges the penalty fOfa erime16 or inflaetion Hithin the meaning of Seetion 17556 of the17 Goemment Code or ehanges the definition ofa elime Hithin the18 meaning of Seetion 6 of Aniele XIII D of the Califomia19 Constitution20 IIo~eer if the Commission on State Mfmdates determines that21 this aet eontainsother eosts mfmdated by the state reimbttfsement22 to loeal ageneies fmd sehool distliets for those eosts shall be made23 ptlfStlafttto Part 7 (eommeneing Hith Seetion 17500) of Division24 4 of Title 2 of the Goemment Code25 SEC 2 No reimbursement is required by this act pursuant to26 Section 6 of Article XIII B of the California Constitution because27 the only costs that may be incurred by a local agency or school28 district will be incurred because this act creates a new crime or29 infraction eliminates a crime or infraction or changes thepenalty30 for a crime or infraction within the meaning of Section 17556 of31 the Government Code or changes the definition of a crime within32 the meaning of Section 6 of Article XIII B of the California33 Constitution

o

95

AB 1904 Assembly Bill Status

MEASURE AUTHOR(S)TOPIC

HOUSE

CURRENT BILL STATUS

AB No 1904Block Butler and

Professions and vocationslicenses

LOCATION

Cookmilitary spouses temporary

TYPE OF BILL

SEN

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyAppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpub11-12billasmab _1901-1950ab _1904_ bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes Noes OOPASS17

An act to add Section 1155 to the Business andProfessions Code relating to professions and vocationsand making an appropriation therefor

-

AB 1588 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1588AUTHOR(S) Atkins (Principal coauthors Cook and Nielsen)

(Coauthors Block Beth Gaines Pan V Manuel PerezWilliams and Yamada)

TOPIC Professions and vocations reservist licensees fees andcontinuing education

HOUSE LOCATION SEN+LAST AMENDED DATE 03052012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS forLAST

LAST

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

TITLE An act to add Section 1143 to the Business andProfessions Code relating to professions and vocations

htlpllwwwleginfocagovpubll-12Ibillasmlab _1551-1600ab _1588 _bill_20120601_statu 652012

middot

AMENDED IN ASSEMBLY MARCH 5 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1588

Introduced by Assembly Member Atkins(Principal coauthors Assembly Members Cook and Nielsen)

(Coauthors Assembly Members Block Beth Gaines PanV Manuel Perez Williams and Yamada)

February 6 2012

An act to add Section 1143 to the Business and Professions Coderelating to professions and vocations

LEGISLATIVE COUNSELS DIGEST

AB 1588 as amended Atkins Professions and vocations reservistlicensees fees and continuing education

Existing law provides for the regulation of various professions andvocations by boards commissions or bureaus within the Departmentof Consumer Affairs and for the licensure or registration of individualsin that regard Existing law authorizes any licensee whose licenseexpired while he or she was on active duty as a member of the CaliforniaNational Guard or the United States Armed Forces to reinstate his orher license without examination or penalty if certain requirements aremet

This bill would require the boards commissions or bureaus describedabove to waive the renewal fees and continuing education requirementsif either is applicable of any licensee or registrant who is a reservistcalled to active duty as a member of the United States Military Reserveor the California National Guard if certain requirements are met

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

98

AB 1588 -2-

Thepeople of the State of Califomi a do enact asfollows

1 SECTION 1 Section 1143 is added to the Business and2 Professions Code to read3 1143 Notwithstanding any other provision oflaw everyboard4 commission or bureau within the department shall waive the5 renewal fees and continuing education requirements if either is6 applicable for any licensee or registrant who is a reservist called7 to active duty as a member of the United States Military Reserve8 or the California National Guard if all of the following9 requirements are met

10 (a) The licensee or registrant was in good standing with the11 board commission or bureau at the time the reservist was called12 to active duty13 (b) The renewal fees or continuing education requirements are14 waived only for the period during which the reservist is on active15 duty service16 (c) The active duty reservist or the active duty reservists spouse17 or registered domestic partner provides written notice satisfactory18 to the board commission or bureau that substantiates the19 reservists active duty service

o

98

AB 1896 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1896AUTHOR(S) ChesbroTOPIC Tribal health programs health care practitionersHOUSE LOCATION SEN+LAST AMENDED DATE 03272012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATIONCOMM ACTION DATECOMM ACTIONCOMM VOTE SUMMARY

ASM

05172012Referred to Com on B P amp EDBUSINESS PROFESSIONS AND CONSUMER PROTECTION04102012

Do passAyes 09 Noes OOPASS

TITLE An act to amend the heading of Article 10 (commencingwith Section 710) of Chapter 1 of Division 2 of and toadd Section 719 to the Business and Professions Coderelating to healing arts

httpwwwleginfocagovpubI11-12lbillasmab_1851-1900ab_1896_bill_20120517 _statu 652012

-

AMENDED IN ASSEMBLY MARCH 27 2012

CALIFORNIA LEGISLATURE-20II-12 REGULAR SESSION

ASSEMBLY BILL No 1896

Introduced by Assembly Member Chesbro

February 222012

An act to amend the heading of Article 10 (commencing with Section710) of Chapter 1 of Division 2 of and to add Section 719 to theBusiness and Professions Code relating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1896 as amended Chesbro Tribal health programs health carepractitioners

Under existing federal law licensed health professionals employedby a tribal health program are required to be exempt if licensed in anystate from the licensing requirements of the state in which the tribalhealth program performs specified services A tribal health program isdefined as an Indian tribe or tribal organization that operates any healthprogram service function activity or facility funded in whole or partby the Indian Health Service

Existing law provides for the licensure and regulation of health carepractitioners by various healing arts boards within the Department ofConsumer Affairs

This bill would codify that federal requirement by specifying that aperson who is licensed as a health care practitioner in any other stateand is employed by a tribal health program is exempt from any statelicensing requirement with respect to acts authorized under thepersonslicense where the tribal health program performs specified services

Vote majority Appropriation no Fiscal committee noState-mandated local program no

98

AD 1896 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 The heading of Article 10 (commencing with2 Section 710) of Chapter 1 of Division 2 of the Business and3 Professions Code is amended to read456789

101112131415161718192021

Article 10 Federal Personnel and Tribal Health Programs

SEC 2 Section 719 is added to the Business and ProfessionsCode to read

719 (a) A person who is licensed as a health care practitionerin any other state and is employed by a tribal health program asdefined in Section 1603 of Title 25 of the United States Code shallbe exempt from any licensing requirement described in this divisionwith respect to acts authorized under the persons license wherethe tribal health program performs the services described in thecontract or compact of the tribal health program under the IndianSelf-Determination and Education Assistance Act (25 USC Sec450 et seq)

(b) For purposes of this section health care practitioner meansany person who engages in acts that are the subject of licensureor regulation under this division or Ml) initiative 8et referred to inthis division the law of any other state

o

98

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1904

Introduced by Assembly Members Block Butler and Cook

February 222012

An act to add Section 1155 to the Business and Professions Coderelating to professions and vocations and making an appropriationtherefor

LEGISLATIVE COUNSELS DIGEST

AB 1904 as introduced Block Professions and vocations militaryspouses temporary licenses

Existing law provides for the licensure and regulation of variousprofessions and vocations by boards within the Department of ConsumerAffairs Existing law provides for the issuance of reciprocal licenses incertain fields where the applicant among other requirements has alicense to practice within that field in another jurisdiction as specifiedUnder existing law licensing fees imposed by certain boards withinthe department are deposited in funds that are continuously appropriated

This bill would authorize a board within the department to issue atemporary license to an applicant who among other requirements holdsan equivalent license in another jurisdiction as specified and is marriedto or in a legal union with an active duty member of the Armed Forcesofthe United States who is assigned to a duty station in California underofficial active duty military orders The bill would require a board toexpedite the process for issuing these temporary licenses The bill wouldrequire the applicant to pay any fees required by the board and wouldrequire that those fees be deposited in the fund used by the board toadminister its licensing program To the extent that the bill would

99

AB 1904 -2-

increase the amount of money deposited into a continuously appropriatedfund the bill would make an appropriation

Vote majority Appropriation yes Fiscal committee yesState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 1155 is added to the Business and2 Professions Code to read3 1155 (a) A board within the department may issue a4 temporary license to an applicant who meets all of the following5 requirements6 (l) Submits an application in the manner prescribed by the7 board8 (2) Supplies evidence satisfactory to the board that the applicant9 is married to or in a domestic partnership or other legal union

10 with an active duty member of the Armed Forces of the United11 States who is assigned to a duty station in this state under official12 active duty military orders13 (3) Holds a current license in another state district or territory14 of the United States with the requirements that the board determines15 are substantially equivalent to those established under this code16 for that occupation17 (4) Has not committed an act in anyjurisdiction that would have18 constituted grounds for denial suspension or revocation of the19 license under this code at the time the act was committed20 (5) Has not been disciplined by a licensing entity in another21 jurisdiction and is not the subject of an unresolved complaint22 review procedure or disciplinary proceeding conducted by a23 licensing entity in another jurisdiction24 (6) Pays any fees required by the board Those fees shall be25 deposited in the applicable fund or account used by the board to26 administer its licensing program27 (7) Submits fingerprints and any applicable fingerprinting fee28 in the manner required of an applicant for a regular license29 (b) A board shall expedite the procedure for issuing a temporary30 license pursuant to this section31 (c) A temporary license issued under this section shall be valid32 for 180 days except that the license may at the discretion of the

99

-3- AB 1904

I board be extended for an additional180-day period on application2 of the license holder3 (d) A board may adopt regulations necessary to administer this4 section

o

99

AB 1932 Assembly Bill Status

MEASURE AUTHOR(S)TOPICHOUSE+LAST

CURRENT BILL STATUS

AB No 1932Gorell (Coauthor Cook)

United States armed services healing arts boardsLOCATION SENAMENDED DATE 04172012

TYPE OF BILL

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpubI11-12Ibillasmab_1901-1950ab_1932_bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

An act to add Section 7102 to the Business andProfessions Code relating to healing arts

-

AMENDED IN ASSEMBLY APRIL 172012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1932

Introduced by Assembly Member-Ceek Gorell(Coauthor Assembly Member Cook)

February 222012

An act to add Section 7102 to the Business and Professions Coderelating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1932 as amended euroook Gorell United States armed serviceshealing arts boards

Existing law provides for the licensure and regulation of varioushealing arts professions and vocations by boards within the Departmentof Consumer Affairs Existing law requires the rules and regulations ofthese healing arts boards to provide for methods of evaluating educationtraining and experience obtained in military service if such training isapplicable to the requirements of the particular profession or vocationregulated by the board Under existing law the Department of VeteransAffairs has specified powers and duties relating to various programsserving veterans

This bill would require by January 12014 and annually thereafterevery healing arts board to issue a specified written report to theDepartment of Veterans Affairs and the Legislature as specified thatclearly details the methods of evaluating the education training andexperience obtained in military service and whether that educationtraining and experience is applicable to the boards requirements forlicensure The bill would declare the intent of the Legislature in thisregard

98

AB 1932 -2-

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 710 of the Business and Professions Code2 was enacted in 1969 and because healing arts boards have not3 demonstrated significant compliance with that section it is the4 intent of the Legislature to establish an annual reporting5 requirement to compel these boards to provide information about6 the methods of evaluating education training and experience7 obtained in military service in order to meet the needs of the8 upcoming wave of armed service members returning to civilian9 life

10 SEC 2 Section 7102 is added to the Business and Professions11 Code to read12 7102 (a) By January 12014 and annually thereafter every13 healing arts board described in this division shall issue a written14 report to the Department of Veterans Affairs and to the Legislature15 that clearly details the methods of evaluating the education16 training and experience obtained in military service and whether17 that education training and experience is applicable to the boards18 requirements for licensure This written report shall include but19 not be limited to quantitative information about the number of20 service members who have applied for and have used their military21 education training and experience to fulfill the boards22 requirements for licensure23 (b) (1) The requirement to submit a report to the Legislature24 under subdivision (a) shall be inoperative on January 1 201825 pursuant to Section 102315 of the Government Code26 (2) A report to the Legislature shall be submitted in compliance27 with Section 9795 of the Government Code

o

98

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      • AGENDA ITEM 4
      • DISCUSSION AND POSSIBLE ACTION REGARDING PENDING LEGISLATION
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Page 24: DISCUSSION ANDPOSSIBLE ACTION REGARDING PENDING … · 2012-06-14  · Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of2010 (PublicLaw 111-152)

AMENDED IN ASSEMBLY MARCH 23 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 518

Introduced by Assembly Member Wagner

February 152011

Aft aet to amend Seetion 156301 of the Welfare and InstittttionsCode relating to elder abtlse An act to repeal Section 7480 of theGovernment Code and to amend Section 156301 of and to amend andrepeal Sections 15633 15634 15640 and 156555 of the Welfare andInstitutions Code relating to elder and dependent adult abuse

LEGISLATIVE COUNSELS DIGEST

AB 518 as amended Wagner Elder and dependent adult abusemandated reporters

Existing law the Elder Abuse and Dependent Adult Civil ProtectionAct establishes procedures for the reporting investigation andprosecution of elder and dependent adult abuse including but notlimited to financial abuse as defined These procedures require personsdefined as mandated reporters to report known or suspected instancesof elder or dependent adult abuse A violation of the reportingrequirements by a mandated reporter is a misdemeanor Existing lawwhich will be repealed on January 12013 defines who is a mandatedreporter of suspected financial abuse of an elder or dependent adult Aviolation ofthe financial abuse reporting requirements is subject to civilpenalties

This bill would delete the January 1 2013 repeal date and makeconforming changes

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

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The people of the State of California do enact asfollows

1 SECTION 1 Section 7480 of the Government Code as2 amended by Section 2 of Chapter 234 of the Statutes of 2008 is3 repealed4 7480 Nothing in this ehapter prohibits an) of the following

(a) The dissemination of an) finaneial information that is not6 identified with or identifiable as being deri ved from the fiftMleial7 reeords of a partietllar etlstomer8 (b) When any poliee or sheriffs department or distriet attorney9 in this state eertines to a bank eredit tlftion or savin-gsassoeiation

in 4vritingthat a erime report has been filed that involves the11 alleged fratldttlent tlse of drafts eheeks or other orders drawfl12 tlJon MtY bank eredit tlftion or Sltv ings assoeiation in this state13 the poliee or sheriffs department or distriet attomey a eotlnty14 adttlt proteeti-ve sen iees oftiee 4vhen investigating the finaneial

abttse of an elder or dependent adttlt or a long term eare16 ombttdsman when investigating the finaneial abttse of an elder or17 dependent adttlt rna reqtlest a bank eredit tlftion or savings18 assoeiation to fttmish and a bank eredit tlftion or savings19 assoeiation shall fttmish a statement setting forth the folIowing

information with respeet to a etlstomer aeeotlnt speeified b) the21 reqttesting parry for a period 30 da s prior to and tlJ to 30 da) s22 following the date ofoeetnTenee of the alleged illegal aet invohin-g23 the aeeotlftt24 (1) The Itttftlber of items dishonored

(2) The nttmber of items paid that ereated Oierdrafts26 (3) The dollar volttme of the dishonored items and items paid27 whieh ereated overdrafts and a statement explaining an) eredit28 atTangementbetween the bank eredit tlftion or savin-gsassoeiation29 and etlstomer to pa) 0verdrafts

(4) The dates and amotlnts of deposits and debits and the aeeotlftt31 balanee on these dates32 (5) A eoJry of the signattlre eard inelttding the signattlre and33 an) addresses appearing on a etlstomers signattlre eard34 (6) The date the aeeottnt opened and ifapplieable the date the

aeeotlnt elosed36 (7) A bank eredit tlftion or saTvingsassoeiation that proiides37 the reqtlesting part) vvith eopies of one or more eomplete aeeottnt

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the taxpa er (2) the (iireet deposit refund bullbullas not rettlmed to theFranehise Tax Board and (3) the remnd TnaSdeposited direetlyon a speeifled date into the aeeotlftt of an aeeotmtholder of theflnaneial instittttion bullbullho bullbullas not entitled to reeei v e the refttndthen the flnaneial instittttion shall fttntish to the Franehise TaxBoard the name and address ofan eoo w ner eosigtter or an otherperson bullbullho had aeeess to the mnds in the aeeotlttt follo bullbulling thedate ofdiIeet deposit refund or if the aeeotmt has been dosed thename and address of the person bullbullho dosed the aeeOtlftt

(s) This seetion shall beeome operati v e on Jaftttary 1 2013SECTION 1SEC 2 Section 156301 of the Welfare and Institutions Code

is amended to read156301 (a) As used in this section mandated reporter of

suspected financial abuse of an elder or dependent adult meansall officers and employees of financial institutions

(b) As used in this section the term financial institution meansany of the following

(l) A depository institution as defined in Section 3(c) of theFederal Deposit Insurance Act (12 USC Sec 1813(c))

(2) An institution-affiliated party as defined in Section 3(u) ofthe Federal Deposit Insurance Act (12 USC Sec 1813(u))

(3) A federal credit union or state credit union as defined inSection 101 ofthe Federal Credit Union Act (12 USC Sec 1752)including but not limited to an institution-affiliated party of acredit union as defined in Section 206(r) of the Federal CreditUnion Act (12 USc Sec 1786(r))

(c) As used in this section financial abuse has the samemeaning as in Section 1561030

(d) (l) Any mandated reporter of suspected financial abuse ofan elder or dependent adult who has direct contact with the elderor dependent adult or who reviews or approves the elder ordependent adults financial documents records or transactionsin connection with providing financial services with respect to anelder or dependent adult and who within the scope of his or heremployment or professional practice has observed or hasknowledge of an incident that is directly related to the transactionor matter that is within that scope of employment or professionalpractice that reasonably appears to be financial abuse or whoreasonably suspects that abuse based solely on the information

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before him or her at the time of reviewing or approving thedocument record or transaction in the case of mandated reporterswho do not have direct contact with the elder or dependent adultshall report the known or suspected instance of financial abuse bytelephone immediately or as soon as practicably possible and bywritten report sent within two working days to the local adultprotective services agency or the local law enforcement agency

(2) When two or more mandated reporters jointly haveknowledge or reasonably suspect that financial abuse of an elderor a dependent adult for which the report is mandated has occurredand when there is an agreement among them the telephone reportmay be made by a member of the reporting team who is selectedby mutual agreement A single report may be made and signed bythe selected member of the reporting team Any member of theteam who has knowledge that the member designated to report hasfailed to do so shall thereafter make that report

(3) If the mandated reporter knows that the elder or dependentadult resides in a long-term care facility as defined in Section1561047 the report shall be made to the local ombudsman or locallaw enforcement agency

(e) An allegation by the elder or dependent adult or any otherperson that financial abuse has occurred is not sufficient to triggerthe reporting requirement under this section if both of the followingconditions are met

(1) The mandated reporter of suspected financial abuse of anelder or dependent adult is aware of no other corroborating orindependent evidence of the alleged financial abuse of an elder ordependent adult The mandated reporter of suspected financialabuse of an elder or dependent adult is not required to investigateany accusations

(2) In the exercise of his or her professional judgment themandated reporter of suspected financial abuse of an elder ordependent adult reasonably believes that financial abuse of anelder or dependent adult did not occur

(f) Failure to report financial abuse under this section shall besubject to a civil penalty not exceeding one thousand dollars($1000) or if the failure to report is willful a civil penalty notexceeding five thousand dollars ($5000) which shall be paid bythe financial institution that is the employer of the mandated

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reporter to the party bringing the action Subdivision (h) of Section15630 shall not apply to violations of this section

(g) (1) The civil penalty provided for in subdivision (f) shallbe recovered only in a civil action brought against the financialinstitution by the Attorney General district attorney or countycounsel No action shall be brought under this section by anyperson other than the Attorney General district attorney or countycounsel Multiple actions for the civil penalty may not be broughtfor the same violation

(2) Nothing in the Financial Elder Abuse Reporting Act of2005shall be construed to limit expand or otherwise modify any civilliability or remedy that may exist under this or any other law

(h) As used in this section suspected financial abuse of anelder or dependent adult occurs when a person who is requiredto report under subdivision (a) observes or has knowledge ofbehavior or unusual circumstances or transactions or a pattern ofbehavior or unusual circumstances or transactions that would leadan individual with like training or experience based on the samefacts to form a reasonable belief that an elder or dependent adultis the victim of financial abuse as defined in Section 1561030

(i) Reports of suspected financial abuse of an elder or dependentadult made by an employee or officer of a financial institutionpursuant to this section are covered under subdivision (b) of Section47 of the Civil Code

SEC 3 Section 15633 of the Welfare and Institutions Codeas amended by Section 5 of Chapter 140 of the Statutes of 2005is amended to read

15633 (a) The reports made pursuant to Sections 15630156301 and 15631 shall be confidential and may be disclosedonly as provided in subdivision (b) Any violation of theconfidentiality required by this chapter is a misdemeanorpunishable by not more than six months in the county jail by afine of five hundred dollars ($500) or by both that fine andimprisonment

(b) Reports of suspected abuse of an elder or dependent adultand information contained therein may be disclosed only to thefollowing

(1) Persons or agencies to whom disclosure of information orthe identity of the reporting party is permitted under Section156335

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(2) (A) Persons who are trained and qualified to serve onmultidisciplinary personnel teams may disclose to one anotherinformation and records that are relevant to the preventionidentification or treatment of abuse of elderly or dependentpersons

(B) Except as provided in subparagraph (A) any personnel ofthe multidisciplinary team or agency that receives informationpursuant to this chapter shall be under the same obligations andsubject to the same confidentiality penalties as the persondisclosing or providing that information The information obtainedshall be maintained in a manner that ensures the maximumprotection of privacy and confidentiality rights

(c) This section shall not be construed to allow disclosure ofany reports or records relevant to the reports of abuse of an elderor dependent adult if the disclosure would be prohibited by anyother provisions of state or federal law applicable to the reports orrecords relevant to the reports of the abuse nor shall it be construedto prohibit the disclosure by a financial institution of any reportsor records relevant to the reports of abuse of an elder or dependentadult if the disclosure would be required of a financial institutionby otherwise applicable state or federal law or court order

(d) This seetion shall remain in dIcet on) tmtilJantmry I 2813and as of that date is repealed unless a later enaeted statute thatis enaeted before JMlt1ary12813 deletes or extends that date

SEC 4 Section 15633 of the Welfare and Institutions Codeas added by Section 6 of Chapter 140 of the Statutes of 2005 isrepealed

15633 (a) The leports made ptlrstlMlt to Seetions 15638 and15631 shall be eonndential and may be diselosed on) as pro videdin stlbdivision (b) AIl) violation of the eonfidetttialrt reqtliredbythis ehapter is a misdemeanor ptlnishable bynot more than sixmoftths in the eounry jail b)l a nne ofn Vehundred dollars ($588)or byboth that nne and imprisonment

(b) Reports of stlspeeted elder 01 dependent adttlt abttse andinfenmation eontained therein may be diselosed only to thefollo vving

(1) Persons or ageneies to vvhomdiselostlfe of information orthe identity of the reporting pMty is permitted tlnder Seetion156335

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(2) EA) Persems who Me trftined Md qtlftlified to sene onmtlltidiseiplinftfjf persoflftel teftll1smfty diselose to one Mlotherinfermtttion Md reeords thftt Me relevflnt to the preventionidentifiefttion or trefttment of ftbttse of elderly or dependentpersons

EB) Exeept ftSpro vided in SMpMftgrftph EA) Mly personnel ofthe ftltlltidiseiplinftry teftftl or ftgeney thftt reeeives informfttionptlrstlftnt to this ehflPtel shftH he tinder the sftme ohligfttions ftndsttbjeet to the sftme eonfidentiftlity penftlties ftS the pelsondisdosing or pro viding thftt infermfttion The informfttion ohtftinedshftH he mftintftined in ft ftlftflfter thftt enstlfes the ftlftXimttmproteetion ofprivftey ftnd eonfidentiftlity rights

Ee) This seetion shftH not he eonstftled to ftHo diselostlfe ofMy reports or reeords rde vMit to the reports of elder or dependentftdttlt ftbttse if the disdostlfe votlld he prohibited hy My other110visions of stftte or federftllft bullbull ftppliefthle to the reports or reeordsrele vftnt to the reports of the flbttse

Ed) This seetion shftH heeome operftti ve on Jftntlftry I 2013SEC 5 Section 15634 of the Welfare and Institutions Code

as amended by Section 7 of Chapter 140 of the Statutes of 2005is amended to read

15634 (a) No care custodian clergy member healthpractitioner mandated reporter of suspected financial abuse of anelder or dependent adult or employee of an adult protectiveservices agency or a local law enforcement agency who reports aknown or suspected instance of abuse of an elder or dependentadult shall be civilly or criminally liable for any report requiredor authorized by this article Any other person reporting a knownor suspected instance of abuse of an elder or dependent adult shallnot incur civil or criminal liability as a result of any reportauthorized by this article unless it can be proven that a false reportwas made and the person knew that the report was false No personrequired to make a report pursuant to this article or any persontaking photographs at his or her discretion shall incur any civil orcriminal liability for taking photographs of a suspected victim ofabuse of an elder or dependent adult or causing photographs to betaken of such a suspected victim or for disseminating thephotographs with the reports required by this article Howeverthis section shall not be construed to grant immunity from thisliability with respect to any other use of the photographs

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(b) No care custodian clergy member health practitionermandated reporter of suspected financial abuse of an elder ordependent adult or employee of an adult protective services agencyor a local law enforcement agency who pursuant to a request froman adult protective services agency or a local law enforcementagency investigating a report of known or suspected abuse of anelder or dependent adult provides the requesting agency withaccess to the victim of a known or suspected instance of abuse ofan elder or dependent adult shall incur civil or criminal liabilityas a result of providing that access

(c) The Legislature finds that even though it has providedimmunity from liability to persons required to report abuse of anelder or dependent adult immunity does not eliminate thepossibility that actions may be brought against those persons basedupon required reports of abuse In order to further limit the financialhardship that those persons may incur as a result of fulfilling theirlegal responsibilities it is necessary that they not be unfairlyburdened by legal fees incurred in defending those actionsTherefore a care custodian clergy member health practitioneror an employee of an adult protective services agency or a locallaw enforcement agency may present to the StMe B6Md 6pound C6ntr61California Victim Compensation and Government Claims Boarda claim for reasonable fttt6meys attorneys fees incurred in anyaction against that person on the basis of making a report requiredor authorized by this article if the court has dismissed the actionupon a demurrer or motion for summary judgment made by thatperson or if he or she prevails in the action The StMe B6ftrd 6fC6ntr61 California Victim Compensation and Government ClaimsBoard shall allow that claim if the requirements ofthis subdivisionare met and the claim shall be paid from an appropriation to bemade for that purpose Att6mey s Attorneys fees awarded pursuantto this section shall not exceed an hourly rate greater than the ratecharged by the Attorney General at the time the award is madeand shall not exceed an aggregate amount of fifty thousand dollars($50000) This subdivision shall not apply if a public entity hasprovided for the defense of the action pursuant to Section 995 ofthe Government Code

(d) This seeti6n shftll remftin in dfeet 6ttly tmtil J8fttlfll)1 2013ftnd ftS6pound thftt dMe is repeftled wIess ft IMer enfteted stMute thMis en8eted before Jftftt18ry12013 deletes 6r extends thM dMe

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SEC 6 Section 15634 of the Welfare and Institutions Codeas amended by Section 711 ojChapter 538 of the Statutes oj2006is repealed

15634 eft) No eMe etlstodimt ele~ member hea-lthpraetitioner or employee of an adttlt proteeti-ve serviees ageneyor a loeal larn enforeement ageney who reports a lrnown orsttspeeted instanee of elder or dependent adtllt abtlse shaHbe eiviHyor eriminalry liable for any report reqttired or attthorizedby thisartiele Any other peIson reporting a lrnOWfior stlspeeted instaneeof elder or dependeItt adttIt abtlse shall not inettr ei vil or eriminalliability as a restllt of any report attthorizedby this artiele ttnlessit ean be pro ven that a false report was made and the person knewthat the report vvasrelse gteJoperson reqtlired to make a reportptlrstlant to this artiele or any person taking photographs at his orher diseretion shall inettr any eivii or eriminalliability fer takingphotographs of a stlspeeted vietim of elder or dependent adtlltabtlse or eattsing photographs to be taken of the stlspeeted vietimor fOIdisseminating the photographs with the reports reqtlired bythis artiele However this seetion shall not be eonstmed to gIantimmttnity from this liability vvithrespeet to any other tlse of thephotographs

(b) No eMe etlstodian el~ member health praetitioner oremployee of an adtlIt proteetive seniees ageney or a loea-l lawenfereemeItt ageney who pttrsttant to a reqtlest from an adttltproteeti-ie seniees ageney or a loeal lavI enforeemeItt ageneyinvestigating a report of lrnOViftor stlspeeted elder or dependentadtllt abtlse proides the reqtlesting ageney with aeeess to thevietim of a lrnovvnor stlspeeted instanee of elder or dependeIttadttlt abtlse shall inettr eiviI or eriminal liability as a restlIt ofpro viding that aeeess

ee) The Legislatttre finds that even thOtlgh it has pIOvidedimmtlnity from liability to peIsons reqtlired to report elder ordependent mit abttse immtlIlity does not eliminate the possibilitythat aetions may be brotlght agamst those persons based tlJ0nreqtlired reports of abtlse In order to fttrther limit the finaneialhardship that those persons may inettr as a resttIt offttlfilling theirlegal responsibilities it is neeessary that they not be tlftreirlybttrdened by legal fees inetlffed in defending those aetionsTherefore a eMeetlstodian ele~ member health praetitioneror employee ofan adttlt proteetive seniees ageney or a loeallffi7t

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enfOieement agene)l ma) present to the CalifeJmia VietimCempensatien and Geemment Claims BeMd a elaim feJrreasenable atteme)s fees inetJifedin any aetien agffinstthat persenen the basis efmMcinga repert reqtlired er attth6rizedb)l this Mtieleif the eeM has dismissed the aetien t1pen a demtlffer el metienfur sttmillM)lj tldgment made b that persen el ifhe er she preailsin the aetien The Califumia Vietim Cempensatien andGeemment Claims Beard shall allew that ehtim if thereqtlirements ef this sttbdi isien Me met and the elaim shall bepaid fl6man fllprepriatien te be made fur that ptllpese Atteme) sfees aarded ptliStlMltto this seetien shall net exeeedan hetlilyrate greater than the late eharged b the Attemey General at thetime the aard is made and sh8llnet exeeedan aggregate amettllteffitty thetlsanBdellMs ($50000) This sttbdF isien shall net applyif a pttblie enti) has pmbullided fer the defense ef the aetien ptlistlantte Seetien 995 ef the Ge emment Cede

(6) This seetien shall beeeme eperatie en JMttlM)12013SEC 7 Section 15640 of the Welfare and Institutions Code

as amended by Section 9 of Chapter 140 of the Statutes of2005is amended to read

15640 (a) (1) An adult protective services agency shallimmediately or as soon as practically possible report by telephoneto the law enforcement agency having jurisdiction over the caseany known or suspected instance of criminal activity and to anypublic agency given responsibility for investigation in thatjurisdiction of cases of elder and dependent adult abuse everyknown or suspected instance of abuse pursuant to Section 15630or 156301 of an elder or dependent adult A county adult protectiveservices agency shall also send a written report thereof within twoworking days of receiving the information concerning the incidentto each agency to which it is required to make a telephone reportunder this subdivision Prior to making any cross-report ofallegations of financial abuse to law enforcement agencies anadult protective services agency shall first determine whether thereis reasonable suspicion of any criminal activity

(2) If an adult protective services agency receives a report ofabuse alleged to have occurred in a long-term care facility thatadult protective services agency shall immediately inform theperson making the report that he or she is required to make thereport to the long-term care ombudsman program or to a local law

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enforcement agency The adult protective services agency shallnot accept the report by telephone but shall forward any writtenreport received to the long-term care ombudsman

(b) If an adult protective services agency or local lawenforcement agency or ombudsman program receiving a report ofknown or suspected elder or dependent adult abuse determinespursuant to its investigation that the abuse is being committed bya health practitioner licensed under Division 2 (commencing withSection 500) of the Business and Professions Code or any relatedinitiative act or by a person purporting to be a licensee the adultprotective services agency or local law enforcement agency orombudsman program shall immediately or as soon as practicallypossible report this information to the appropriate licensingagency The licensing agency shall investigate the report in lightof the potential for physical harm The transmittal of informationto the appropriate licensing agency shall not relieve the adultprotective services agency or local law enforcement agency orombudsman program of the responsibility to continue its owninvestigation as required under applicable provisions of law Theinformation reported pursuant to this paragraph shall remainconfidential and shall not be disclosed

(c) A local law enforcement agency shall immediately or assoon as practically possible report by telephone to the long-termcare ombudsman program when the abuse is alleged to haveoccurred in a long-term care facility or to the county adultprotective services agency when it is alleged to have occurredanywhere else and to the agency given responsibility for theinvestigation of cases of elder and dependent adult abuse everyknown or suspected instance of abuse of an elder or dependentadult A local law enforcement agency shall also send a writtenreport thereof within two working days of receiving the informationconcerning the incident to any agency to which it is required tomake a telephone report under this subdivision

(d) A long-term care ombudsman coordinator may report theinstance of abuse to the county adult protective services agencyor to the local law enforcement agency for assistance in theinvestigation of the abuse if the victim gives his or her consent Along-term care ombudsman program and the Licensing andCertification Division ofthe State Department ofIIealth SeI ieesPublic Health shall immediately report by telephone and in writing

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1 within two working days to the bureau any instance of neglect2 occurring in a health care facility that has seriously harmed any3 patient or reasonably appears to present a serious threat to the4 health or physical well-being of a patient in that facility If a victim5 or potential victim of the neglect withholds consent to being6 identified in that report the report shall contain circumstantial7 information about the neglect but shall not identify that victim or8 potential victim and the bureau and the reporting agency shall9 maintain the confidentiality of the report until the report becomes

lOa matter of public record11 (e) When a county adult protective services agency a long-term12 care ombudsman program or a local law enforcement agency13 receives a report of abuse neglect or abandonment of an elder or14 dependent adult alleged to have occurred in a long-term care15 facility that county adult protective services agency long-term16 care ombudsman coordinator or local law enforcement agency17 shall report the incident to the licensing agency by telephone as18 soon as possible19 (f) County adult protective services agencies long-term care20 ombudsman programs and local law enforcement agencies shall21 report the results of their investigations of referrals or reports of22 abuse to the respective referring or reporting agencies23 Eg) This seeti6n shall remain in dIcet 6ny tlfttilJ~ 1201324 and as 6f that date is repealed unless a later enaeted stMttte that25 is enaeted bef6re Janttary 12013 deletes 6r extends that date26 SEC 8 Section 15640 of the Welfare and Institutions Code27 as added by Section 10 of Chapter 140 of the Statutes of 2005 is28 repealed 29 15640 Ea) E1) An adult pr6teeti e sen iees ageney shall30 immediate) 6r as S66nas praetieal) p6ssible rep6rt 0 te1eph6ne31 t6 the la~ enf6reement ageney haing jttrisdieti6n 6er the ease32 an kntMfl6r suspeeted instanee 6f eriminal aeth it) and t6 any33 pttblie agene gien resp6nsibilit) f6r illestigMi6n in that34 jurisdieti6n 6f eases 6f elder and dependent adttlt abuse eery35 kfl6n6r suspeeted instanee 6f aetlse purstlant t6 Seeti6n 1563036 6f an elder 6r dependent adttlt A e6t11ltyadttlt pr6teeti e sen iees37 ageney shall als6 send a TV ritten rep6rt there6f Vv ithin ti 6 V 6rking38 days 6f reeeiving the inwrmati6n e6neeming the ineident t6 eaeh39 ageney t6 vv hieh it is reqtlired t6 make a teleph6ne Iep6rt tlftder40 this subdiisi6n Pri6r t6 making an er6SSIep6rt 6f allegati6ns

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offilumeial abttse to lavvenforeemertt a-geneiesMladult proteetFesen iees agene) shaH first determine whether there is reasonablesuspieion of tmJ eriminM aeti vit

(2) If an adult proteeti ve sen iees agene) reeei ves a report ofabttse alleged to ha ve oeettlTed in a long teml eare faeilit) thatadttlt proteeti ve sen iees ageney shall immediate) infoml theperson making the report that he or she is required to make thereport to the long term eare ombttdsman program 01 to aloeallawenforeemertt a-geneyThe adttlt proteeti ve sen iees agene) shallnot aeeept the report b) telephone btlt shall fonvMd flit) vvTittenreport leeehed to the long teml eare ornbtldsman

(b) If an adtllt proteetive seniees ageney or loeal lawenforeement agene) or ornbtldsman program reeei vinga report ofkftovm or stlspeeted elder or dependent adttlt MtlSe determinespttrstlartt to its inYestigationthat the flbttseis being eommitted bya health 11aetitioner lieensed tlftder Division 2 (eonJffieneingwithSeetion 500) of the Btlsiness flftdProfessions Code or flit) lelatedinitiatiye aet or by a person ptlrporting to be a lieensee the adtlltproteetive seniees a-gene) or loeallaw enforeement agene) orombttdsman program shall immediate) or as soon as praetieall)possible report this mformation to the appropriate lieensingagene) The lieensing agene) shall investigate the report in lightof the poterttial fur ph) sieal hamlThe trMlsmittfllof informationto the appropriate lieensing agene) shall not relieve the adtlltproteethe serviees agene) or loeallaw enforeement agene) orornbtldsmflft program of the responsibility to eorttinue its 0~vninvestigation as reqttired tlftder applieable provisions of law Theinformation reported pttrstlant to this paragraph shall remaineoniiderttial flItdshfl11not be diselosed

(e) A loealla bullbull enforeement agefte) shall immediate) or assoon as praetieal) possible report b) telephone to the long termeare ombtldsman program bullbullhen the abtlse is alleged to haveoeetllTed in a long term eare faeilit) or to the eotlnt) adttltproteetive seniees agene) bullbullhen it is alleged to have oeeUlfedan) vvhere else flftd to the agene) gh en responsibilit) for theinvestigation of eases of elder and dependent adttlt abtlse everykftovm or stlspeeted instflftee of MtlSe of an elder or dependerttadttlt A loeallaw enforeement ageney shall also send a Ylfittenreport thereof bullbullithin ftv0 vvorking dfl)s ofreeei ving the infomlation

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AB518 -22-

eoneeming the ineident to an agenC) to vvhieh it is reqtlired toftutke a telephone report tlIlderthis stlbdh ision

Ed) A long tenn eare ombttdsman eoordinator mll) report theinstlllleeof abtlse to the eot1llryadttlt proteetive seniees ageneyor to the loeal la bullbull enforeement agenC) for assistlllleein theinvestigationof the abttse if the vietim gives his or her eonsent Along tenn eMe ombtldsmllllprogram llIldthe Lieensing llIldCertifieation Division of the State DepMtment ofIIealth Senieesshall immediately report b telephone llIldin vvriting vvithin hiv0tv orkingdll) s to the bm eatl an instlllleeof negleet oeet1ffingin ahealth eare faeiliry that has seriotlsl hMmed an patient orreasonably appeMs to present a seriotls threat to the health orph sieal vvell being of a patient in that ffteiliry If a J ietim orpotential TV ietim of the neglect vithholds eonsent to being identifiedin that report the report shall eontain eirettmstlllltialinformationabom the negleet bm shall not identif) that vietim or potentialvietim and the bttreatl llIldthe reporting agenC) shall maintain theeoniidentialiry of the report tlntil the report beeomes a matter ofptlblie reeord

Ee) hen a eotlllryadttlt proteeti ve sen iees agenC) a long termeare ombtldsman program or a loeal la enforeement ageneyreeeives a report ofabttse negleet or ablllldonmentofllllelder ordependent adttlt alleged to have oeet1ffedin a long term earefaeiliry that eotlnty adtllt proteeti ve sen iees agenC) long termeare ombtldsmlllleoordinator or loeallavv enforeement ageneyshall report the ineident to the lieensing agene b telephone assoon as possible

ED COtl1lt)adtllt proteetive seniees ageneies long term eareombttdsman programs and 10ea1lavvenforeement ageneies shallreport the restllts of their investigations of referrals or reports ofabtlse to the respeetive referring or reporting ageneies

Eg) This seetion shall beeome operative on JllIlt1flry12013SEC 9 Section 156555 of the Welfare and Institutions Code

as amended by Section 11 of Chapter 140 of the Statutes of 2005is amended to read

156555 A county adult protective services agency shallprovide the organizations listed in paragraphs (v) (w) and (x) ofSection 1561017 and mandated reporters of suspected financialabuse of an elder or dependent adult pursuant to Section 156301with instructional materials regarding abuse and neglect of an elder

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1 or dependent adult and their obligation to report under this chapter2 At a minimum the instructional materials shall include the3 following4 (a) An explanation of abuse and neglect of an elder or dependent

adult as defined in this chapter6 (b) Information on how to recognize potential abuse and neglect7 of an elder or dependent adult8 (c) Information on how the county adult protective services9 agency investigates reports of known or suspected abuse and

neglect11 (d) Instructions on how to report known or suspected incidents12 of abuse and neglect including the appropriate telephone numbers13 to call and what types of information would assist the county adult14 protective services agency with its investigation of the report

(e) This seetion shall remain in eifcet only tlfttil Jflfttlttry 1 201316 and as of that date is repealed tmless a later enaeted stattlte that17 is enaeted before Jafttlttry 12013 deletes or extends that date18 SEC 10 Section 156555 of the Welfareand Institutions Code19 as amended by Section 712 of Chapter 538 of the Statutes of2006

is repealed21 156555 A eottftt) achtlt proteetive serviees agene) shall22 pmvide the organi2ations listed in paragraphs (v) (vv) and Ex) of23 Seetion 1561017 with instItletional materials regarding elder and24 dependent achtlt abtlse and negleet and their obligation to report

under this ehapter At a minimum the instruetional materials shall26 inelude the follovving27 (a) An explanation of elder and dependent achtlt abuse and28 negleet as defined in this ehapter29 (b) Information on how to reeogni2e potential elder and

dependent achtlt abuse and negleet31 (e) Information on ho vIthe eottftt) achtlt proteeti ve serv iees32 agene) investigates reports of knovm or suspeeted abuse and33 negleet34 (d) Instmetions on hovv to report ]movvn or suspeeted ineidents

of abuse and negleet ineltlding the appropriate telephone llt11llbers36 to eall and what rypes of information vvould assist the eount) adult37 proteetirv e sen iees agene) with its in (estigation of the report38 (e) This seetion shall beeome operati e on January I 20 13

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AB 608 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 608Pan

Health care coverage telemedicine

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to health care

httpwww1eginfocagovpubII-12Ibillasmab_0601-0650ab _608_ bill_ 20120201_status 652012

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AB 783 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 783AUTHOR(S) HayashiTOPIC Professional corporations licensed physical therapists

and occupational therapists+LAST AMENDED DATE 04072011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

COMMCOMMCOMM

HIST ACT DATEHIST ACTION

From committeeRule 62(a)

LOCATION SENACTION DATEACTION

06282011In committee Set second hearing Failed passagewithout further action pursuant to Joint

LASTLAST

BUSINESS PROFESSIONS AND ECONOMIC DEVELOPMENT06272011

Set second hearing Failed passage in Committee

TITLE An act to amend Section 2406 of the Business andProfessions Code and to amend Section 134015 of theCorporations Code relating to professional corporations

httpwwwleginfocagovpub11-12billasmab_0751-0800ab_783_bill_20111115_status 652012

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AMENDED IN ASSEMBLY APRIL 7 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 783

Introduced by Assembly Member Hayashi

February 172011

An act to amend Section 2406 of the Business and Professions Codeand to amend Section 134015 of the Corporations Code relating toprofcssiemal eorporations and deelaring the mgeney thereof to tttkeeffeet immediatelyprofessional corporations

LEGISLATIVE COUNSELS DIGEST

AB 783 as amended Hayashi Professional corporations licensedphysical therapists and occupational therapists

Existing law regulating professional corporations provides that certainhealing arts practitioners may be shareholders officers directors orprofessional employees of a medical corporation-er-a podiatric medicalcorporation or a chiropractic corporation subject to certain limitations

This bill would add licensed physical therapists and licensedoccupational therapists to the list of healing arts practitioners who maybe shareholders officers directors or professional employees of thosecorporations The bill would also make conforming changes to a relatedprovision

This bill vv otlld deelare that it is to take etteet immediately as anmgeney statttte

Vote -majority Appropriation no Fiscal committee noState-mandated local program no

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Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 2406 of the Business and Professions2 Code is amended to read3 2406 A medical corporation or podiatry corporation is a4 corporation that is authorized to render professional services as

defined in Sections 13401 and 134015 ofthe Corporations Code6 so long as that corporation and its shareholders officers directors7 and employees rendering professional services who are physicians8 and surgeons psychologists registered nurses optometrists9 podiatrists chiropractors acupuncturists naturopathic doctors

physical therapists or in the case of a medical corporation only11 physician assistants marriage and family therapists or clinical12 social workers are in compliance with the Moscone-Knox13 Professional Corporation Act the provisions of this article and all14 other statutes and regulations now or hereafter enacted or adopted

pertaining to the corporation and the conduct of its affairs16 With respect to a medical corporation or podiatry corporation17 the governmental agency referred to in the Moscone-Knox18 Professional Corporation Act is the board19 SEC 2 Section 134015 of the Corporations Code is amended

to read21 134015 Notwithstanding subdivision (d) of Section 1340122 and any other provision of law the following licensed persons23 may be shareholders officers directors or professional employees24 of the professional corporations designated in this section so long

as the sum of all shares owned by those licensed persons does not26 exceed 49 percent ofthe total number of shares of the professional27 corporation so designated herein and so long as the number of28 those licensed persons owning shares in the professional29 corporation so designated herein does not exceed the number of

persons licensed by the governmental agency regulating the31 designated professional corporation32 (a) Medical corporation33 (1) Licensed doctors of podiatric medicine34 (2) Licensed psychologists

(3) Registered nurses36 (4) Licensed optometrists37 (5) Licensed marriage and family therapists38 (6) Licensed clinical social workers

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-3-

(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists(10) Naturopathic doctors(11) Licensed physical therapists(12)Licensed occupational therapists(b) Podiatric medical corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed optometrists(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(8) Licensed physical therapists(9) Licensed occupational therapists(c) Psychological corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Registered nurses(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed chiropractors(8) Licensed acupuncturists(9) Naturopathic doctors(d) Speech-language pathology corporation(1) Licensed audiologists(e) Audiology corporation(1) Licensed speech-language pathologists(t) Nursing corporation(l) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists

AB783

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AB783 -4-

(10) Naturopathic doctors(g) Marriage and family therapy corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed clinical social workers(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(h) Licensed clinical social worker corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed marriage and family therapists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(i) Physician assistants corporation(1) Licensed physicians and surgeons(2) Registered nurses(3) Licensed acupuncturists(4) Naturopathic doctorsG) Optometric corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(k) Chiropractic corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed acupuncturists(9) Naturopathic doctors

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-5- AB783

(10) Licensed physical therapists(11) Licensed occupational therapists(l) Acupuncture corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed physician assistants(9) Licensed chiropractors(10) Naturopathic doctors(m) Naturopathic doctor corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed physician assistants(5) Licensed chiropractors(6) Licensed acupuncturists(7) Licensed physical therapists(8) Licensed doctors of podiatric medicine(9) Licensed marriage family and child counselors(10) Licensed clinical social workers(11) Licensed optometrists(n) Dental corporation(1) Licensed physicians and surgeons(2) Dental assistants(3) Registered dental assistants(4) Registered dental assistants in extended functions(5) Registered dental hygienists(6) Registered dental hygienists in extended functions(7) Registered dental hygienists in alternative practiceSEC 3 This aet is Ml ttrgene statttte neeessary for the

immediatepresenation of the ptlblie peaee hettlihor saferyvvithinthe meMling of Miele IV of the Constittttion Mld shaHgo intoimmediate effeet The fftets eonstitttting the neeessiry Me

In order to 8t1thorizelieensed physieal therapists to beshareholders offieers mreetors or professional employees of

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AD7S3 -6-

1 memeal eorpofatiofts andpodiatrie medieal eorpofatiofts as soOft2 as possible it is fteeessary that this aet tftke dIeet immediately

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AB 800 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 800Huber

Boards and commissions time reporting

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to add Section 1156410 to the Government Coderelating to boards and commissions

httpwwwleginfocagovpubI11-12billasmlab_0751-0800ab _800_ bill_20120201_status 652012

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AB 958 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 958Bill Berryhill

Regulatory boards limitations periods

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to Art IV Sec 10(e) of theFrom committee Filed with the Chiefto Joint Rule 56BUSINESS PROFESSIONS AND CONSUMER PROTECTION

TITLE An act to add Section 1105 to and to repeal Sections16702 22305 296005 3137 375051 498205499032 5561 5661 76865 988420 and 98898 of theBusiness and Professions Code relating to regulatoryboards

httpwwwleginfocagovpub11-12lbillasmlab_0951-1 OOOab_958 _bill_ 20120202_ status 652012

AB 1003 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 1003Smyth

Professional and vocational licenses

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to professional and vocational licenses

httpwwwleginfocagovpubll-12Ibillasmlab_l00l-l 050ab_1003 _bill_2012020 I_statu 652012

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AB 1205 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1205AUTHOR(S) Bill BerryhillTOPIC Licensed behavior analysts+LAST AMENDED DATE 04042011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to amend Section 499018 of and to add Chapter52 (commencing with Section 252971) to Division 2 ofthe Business and Professions Code relating to healingarts

httpwwwleginfocagovpub11-12billasmab _120 1-1250ab_1205 _bill_20 120201_statu 652012

AB 1435 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1435AUTHOR(S) Dickinson (Coauthors Alejo Buchanan and Hill) TOPIC Child abuse reporting athletic personnelHOUSE LOCATION SEN+LAST AMENDED DATE OS252012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredState-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS for

LASTLAST

APPROPRIATIONSOS252012

Do pass as amendedAyes 17 Noes OOPASS

TITLE An act to amend Section 111657 of the Penal Coderelating to child abuse reporting

httpwww1eginfocagovpub11-12lbiIVasmab_140 1-1450ab _1435 _bill~0120601_statu 652012

AMENDED IN ASSEMBLY MAY 25 2012

AMENDED IN ASSEMBLY MARCH 21 2012

AMENDED IN ASSEMBLY MARCH 142012

AMENDED IN ASSEMBLY FEBRUARY 29 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1435

Introduced by Assembly Member Dickinson(Coauthors Assembly Members Alejo Buchanan and Hill)

January 4 2012

An act to amend Section 111657 of the Penal Code relating to childabuse reporting

LEGISLATIVE COUNSELS DIGEST

AB 1435 as amended Dickinson Child abuse reporting athleticpersonnel

Existing law the Child Abuse and Neglect Reporting Act requiresa mandated reporter as defined to report whenever he or she in his orher professional capacity or within the scope of his or her employmenthas knowledge of or observed a child whom the mandated reporterknows or reasonably suspects has been the victim of child abuse orneglect Failure to report an incident is a crime punishable byimprisonment in a county jail for a period of up to 6 months a fine ofup to $1000 or by both that imprisonment and fine

This bill would add athletic coaches athletic administrators andathletic directors employed by a public or private organization to thelist of individuals who are mandated reporters The bill otlld reqtlirean ptlblie or pri v ate orgflftizationernplo ing flftathletieeoaen Mhletie

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AB 1435 -2-

ftdministrator or Mhletie direetor to hftve provided initiftl trftining byJflfttlM) I 2014 on speeified mfttters relMing to ehiM a-bttse ftftdnegleetfor those employees On ftftd ftfter lftnuftry 12014 the bill vvottld reeJtlireinitiftl trftining to be pro vided IV ithin 6 months of the dMe ftn indi vidttftlbeeomes employed in thM eftlfteiry The bill vvouM require theseindividuftls to eomplete eontifttling tminmg every 2 yeMs

By imposing the reporting requirements on a new class of personsfor whom failure to report specified conduct is a crime ftftdby imposingne~ trftining reeJtlirements on publie oIgftfiiZMions ineluding loeftlgOvernment entities this bill would impose a state-mandated localprogram

The Cftlifomift Constittltion reqtlires the stMe to reimbtlfse loeftlftgeneies ftnd sehool distriets for eertftin eosts mftftdMed by the stftteStftttltory pItYvisions esffiblish proeedtlfes for mftkffigthftt reimbtlfsement

This bill hould pro vide thM 4vith regMd to eertftin mftftdfttes noIeimbtlfsement is reeJtlired by this ftet for ft speeified reftson

Vith regftM to ftny other mftndMeS this bill vv0tlM pro vide thM if theCommission on StMe ~bndtltes determines thM the bill eontftins eostsso mftndftted by the stftte reimbttIsement for those eosts shftll be mftdeptlfStlftnt to the stftttltory pro visions noted ttbo ve

The California Constitution requires the state to reimburse localagencies and school districts for certain costs mandated by the stateStatutory provisions establish procedures for making thatreimbursement

This bill would provide that no reimbursement is required by this actfor a specified reason

Vote majority Appropriation no Fiscal committee yesState-mandated local program yes

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 111657 of the Penal Code is amended2 to read3 111657 (a) As used in this article mandated reporter is4 defined as any of the following5 (1) A teacher6 (2) An instructional aide7 (3) A teachers aide or teachers assistant employed by any8 public or private schooL9 (4) A classified employee of any public schooL

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1 (5) An administrative officer or supervisor of child welfare and2 attendance or a certificated pupil personnel employee of any public3 or private school4 (6) An administrator of a public or private day camp

(7) An administrator or employee of a public or private youth6 center youth recreation program or youth organization7 (8) An administrator or employee of a public or private8 organization whose duties require direct contact and supervision9 of children

(9) Any employee of a county office of education or the State11 Department of Education whose duties bring the employee into12 contact with children on a regular basis13 (10) A licensee an administrator or an employee of a licensed14 community care or child day care facility

(11) A Head Start program teacher16 (12) A licensing worker or licensing evaluator employed by a17 licensing agency as defined in Section 111651118 (13) A public assistance worker19 (14) An employee of a child care institution including but not

limited to foster parents group home personnel and personnel of21 residential care facilities22 (15) A social worker probation officer or parole officer23 (16) An employee of a school district police or security24 department

(17) Any person who is an administrator or presenter of or a26 counselor in a child abuse prevention program in any public or27 private school28 (18) A district attorney investigator inspector or local child29 support agency caseworker unless the investigator inspector or

caseworker is working with an attorney appointed pursuant to31 Section 317 of the Welfare and Institutions Code to represent a32 mmor33 (19) A peace officer as defined in Chapter 45 (commencing34 with Section 830) of Title 3 of Part 2 who is not otherwise

described in this section36 (20) A firefighter except for volunteer firefighters37 (21) A physician and surgeon psychiatrist psychologist dentist38 resident intern podiatrist chiropractor licensed nurse dental39 hygienist optometrist marriage and family therapist clinical social

worker professional clinical counselor or any other person who

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AB 1435 -4-

is currently licensed under Division 2 (commencing with Section500) of the Business and Professions Code

(22) Any emergency medical technician I or II paramedic orother person certified pursuant to Division 25 (commencing withSection 1797) of the Health and Safety Code

(23) A psychological assistant registered pursuant to Section2913 of the Business and Professions Code

(24) A marriage and family therapist trainee as defined insubdivision (c) of Section 498003 of the Business and ProfessionsCode

(25) An unlicensed marriage and family therapist internregistered under Section 498044 of the Business and ProfessionsCode

(26) A state or county public health employee who treats a minorfor venereal disease or any other condition

(27) A coroner(28) A medical examiner or any other person who performs

autopsies(29) A commercial film and photographic print processor as

specified in subdivision (e) of Section 11166 As used in thisarticle commercial film and photographic print processor meansany person who develops exposed photographic film into negativesslides or prints or who makes prints from negatives or slides forcompensation The term includes any employee of such a personit does not include a person who develops film or makes prints fora public agency

(30) A child visitation monitor As used in this article childvisitation monitor means any person who for financialcompensation acts as monitor of a visit between a child and anyother person when the monitoring of that visit has been orderedby a court of law

(31) An animal control officer or humane society officer Forthe purposes ofthis article the following terms have the followingmeanings

(A) Animal control officer means any person employed by acity county or city and county for the purpose of enforcing animalcontrol laws or regulations

(B) Humane society officer means any person appointed oremployed by a public or private entity as a humane officer who is

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-5- AB 1435

qualified pursuant to Section 14502 or 14503 of the CorporationsCode

(32) A clergy member as specified in subdivision (d) of Section11166 As used in this article clergy member means a priestminister rabbi religious practitioner or similar functionary of achurch temple or recognized denomination or organization

(33) Any custodian of records of a clergy member as specifiedin this section and subdivision (d) of Section 11166

(34) Any employee of any police department county sheriffsdepartment county probation department or county welfaredepartment

(35) An employee or volunteer of a Court Appointed SpecialAdvocate program as defined in Rule 1424 ofthe California Rulesof Court

(36) A custodial officer as defined in Section 8315(37) Any person providing services to a minor child under

Section 12300 or 123001 of the Welfare and Institutions Code(38) An alcohol and drug counselor As used in this article an

alcohol and drug counselor is a person providing counselingtherapy or other clinical services for a state licensed or certifieddrug alcohol or drug and alcohol treatment program Howeveralcohol or drug abuse or both alcohol and drug abuse is not inand of itself a sufficient basis for reporting child abuse or neglect

(39) A clinical counselor trainee as defined in subdivision (g)of Section 499912 of the Business and Professions Code

(40) A clinical counselor intern registered under Section 499942of the Business and Professions Code

(41) An athletic coach athletic administrator or athletic directoremployed by a public or private organization including but notlimited to schools and instittttions of higher e6ueation thatprovidekindergarten or any of grades 1 to 12 inclusive

(b) Except as provided in paragraph (35) of subdivision (a)volunteers of public or private organizations whose duties requiredirect contact with and supervision of children are not mandatedreporters but are encouraged to obtain training in the identificationand reporting of child abuse and neglect and are further encouragedto report known or suspected instances of child abuse or neglectto an agency specified in Section 111659

(c) Employers are strongly encouraged to provide theiremployees who are mandated reporters with training in the duties

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AB 1435 -6-

imposed by this article This training shall include training in childabuse and neglect identification and training in child abuse andneglect reporting Whether or not employers provide theiremployees with training in child abuse and neglect identificationand reporting the employers shall provide their employees whoare mandated reporters with the statement required pursuant tosubdivision (a) of Section 111665

(d) School districts that do not train their employees specifiedin subdivision (a) in the duties of mandated reporters under thechild abuse reporting laws shall report to the State Department ofEducation the reasons why this training is not provided

(e) Unless otherwise specifically provided the absence oftraining shall not excuse a mandated reporter from the dutiesimposed by this article

(f) Public and private organizations are encouraged to providetheir volunteers whose duties require direct contact with andsupervision of children with training in the identification andreporting of child abuse and neglect

(g) (1) On 6r befure Jttmtary 1 2014 ttll) pttblie 6r privflie6rganizttti6ftemp16ing ttft Mhletie e6tteh Mhletie ttdmimstrltt6r6r Mhletie direet6r ttSspeeified ift pMttgrttph (41) 6f sttbdivisi6ft(tt) shttll pr6 vide iftitittl trttining f6r th6se empl~ ees 6n thefull6vvingmtttters

(A) The identifiettti6n 6f ehild ttbttse ttnd negleet(D) Aeti vities thttt e6ftstitttte inltppr6prittte ttftd illegttl e6ntttet

betiveen tt 6tlth ltftd ltft ttthietie e6tteh Mhletie ttdmiftistrttt6r 6rttthietie direet6r

(6) The resp6nsibilities 6f tt pers6n identified lIStt mttndfliedrep6rter in this seeti6n ineIttding btl ft6t limited t6 ttll 6f thefull6 vving

(i) T6 ~h6m tt rep6rt is reqtlired t6 be mttde(ii) The inf6rmttti6n thttt is reqttired t6 be ifte1ttdedin tt rep6rt(iii) The time vvithiftvvhieha mandated rep6rter is reqttired t6

file tt rep6rt(2) Initittl training shall be pr6vided b perS6ftSkn6vvledgeltble

ift the identifiettti6n 6fehild aettse ttnd negleet inltppf6prittte ltftdillegal e6ntaet bem eena 6ttth and ltftadttIt ltftdstatttt6ry rep6rtingreqttiremeftts ltftdshttll e6nsist 6ftw6 h6ttrs 6felassr66m 6r 6therinteraetive trainiftg ltftdedttettti6n

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-7- AB 1435

1 (h) Commeneing on fmd aftel Jfmtlftry12014 fmofgfmization2 speeified in sttbdivision (g) shaHpro ide initial training within six3 months of the date that fm individtutl beeomes empleryed as an4 Mhletie eoaeh athletie administrator or athletie direetor ttnless5 the indi idttal reeei ed training Hithin tw0 years prior to the date6 the indi idtlal is empleryed An Mhletie eoaeh athletie7 administrator or athletie direetor Hho has leeeied initial training8 ptlfStlafttto sttbdiision (g) shall eomplete eontifttling training9 thereafter onee eery two years eonsisting of one hottf of

10 elassroom or other interaeti e training fmd edtteation11 SEC 2 No reimbtlrsement is reqtlired by this aet pttfStlafttto12 Seetion 6 ofArtiele )GIlD of the California Constitution for eertain13 eosts that may be inetllTed by a loeal ageney or sehool distriet14 beeatlse ift that regard this aet ereates a nev erime or infraetion15 eliminates a erime or infraetion or ehfmges the penalty fOfa erime16 or inflaetion Hithin the meaning of Seetion 17556 of the17 Goemment Code or ehanges the definition ofa elime Hithin the18 meaning of Seetion 6 of Aniele XIII D of the Califomia19 Constitution20 IIo~eer if the Commission on State Mfmdates determines that21 this aet eontainsother eosts mfmdated by the state reimbttfsement22 to loeal ageneies fmd sehool distliets for those eosts shall be made23 ptlfStlafttto Part 7 (eommeneing Hith Seetion 17500) of Division24 4 of Title 2 of the Goemment Code25 SEC 2 No reimbursement is required by this act pursuant to26 Section 6 of Article XIII B of the California Constitution because27 the only costs that may be incurred by a local agency or school28 district will be incurred because this act creates a new crime or29 infraction eliminates a crime or infraction or changes thepenalty30 for a crime or infraction within the meaning of Section 17556 of31 the Government Code or changes the definition of a crime within32 the meaning of Section 6 of Article XIII B of the California33 Constitution

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95

AB 1904 Assembly Bill Status

MEASURE AUTHOR(S)TOPIC

HOUSE

CURRENT BILL STATUS

AB No 1904Block Butler and

Professions and vocationslicenses

LOCATION

Cookmilitary spouses temporary

TYPE OF BILL

SEN

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyAppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpub11-12billasmab _1901-1950ab _1904_ bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes Noes OOPASS17

An act to add Section 1155 to the Business andProfessions Code relating to professions and vocationsand making an appropriation therefor

-

AB 1588 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1588AUTHOR(S) Atkins (Principal coauthors Cook and Nielsen)

(Coauthors Block Beth Gaines Pan V Manuel PerezWilliams and Yamada)

TOPIC Professions and vocations reservist licensees fees andcontinuing education

HOUSE LOCATION SEN+LAST AMENDED DATE 03052012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS forLAST

LAST

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

TITLE An act to add Section 1143 to the Business andProfessions Code relating to professions and vocations

htlpllwwwleginfocagovpubll-12Ibillasmlab _1551-1600ab _1588 _bill_20120601_statu 652012

middot

AMENDED IN ASSEMBLY MARCH 5 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1588

Introduced by Assembly Member Atkins(Principal coauthors Assembly Members Cook and Nielsen)

(Coauthors Assembly Members Block Beth Gaines PanV Manuel Perez Williams and Yamada)

February 6 2012

An act to add Section 1143 to the Business and Professions Coderelating to professions and vocations

LEGISLATIVE COUNSELS DIGEST

AB 1588 as amended Atkins Professions and vocations reservistlicensees fees and continuing education

Existing law provides for the regulation of various professions andvocations by boards commissions or bureaus within the Departmentof Consumer Affairs and for the licensure or registration of individualsin that regard Existing law authorizes any licensee whose licenseexpired while he or she was on active duty as a member of the CaliforniaNational Guard or the United States Armed Forces to reinstate his orher license without examination or penalty if certain requirements aremet

This bill would require the boards commissions or bureaus describedabove to waive the renewal fees and continuing education requirementsif either is applicable of any licensee or registrant who is a reservistcalled to active duty as a member of the United States Military Reserveor the California National Guard if certain requirements are met

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

98

AB 1588 -2-

Thepeople of the State of Califomi a do enact asfollows

1 SECTION 1 Section 1143 is added to the Business and2 Professions Code to read3 1143 Notwithstanding any other provision oflaw everyboard4 commission or bureau within the department shall waive the5 renewal fees and continuing education requirements if either is6 applicable for any licensee or registrant who is a reservist called7 to active duty as a member of the United States Military Reserve8 or the California National Guard if all of the following9 requirements are met

10 (a) The licensee or registrant was in good standing with the11 board commission or bureau at the time the reservist was called12 to active duty13 (b) The renewal fees or continuing education requirements are14 waived only for the period during which the reservist is on active15 duty service16 (c) The active duty reservist or the active duty reservists spouse17 or registered domestic partner provides written notice satisfactory18 to the board commission or bureau that substantiates the19 reservists active duty service

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98

AB 1896 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1896AUTHOR(S) ChesbroTOPIC Tribal health programs health care practitionersHOUSE LOCATION SEN+LAST AMENDED DATE 03272012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATIONCOMM ACTION DATECOMM ACTIONCOMM VOTE SUMMARY

ASM

05172012Referred to Com on B P amp EDBUSINESS PROFESSIONS AND CONSUMER PROTECTION04102012

Do passAyes 09 Noes OOPASS

TITLE An act to amend the heading of Article 10 (commencingwith Section 710) of Chapter 1 of Division 2 of and toadd Section 719 to the Business and Professions Coderelating to healing arts

httpwwwleginfocagovpubI11-12lbillasmab_1851-1900ab_1896_bill_20120517 _statu 652012

-

AMENDED IN ASSEMBLY MARCH 27 2012

CALIFORNIA LEGISLATURE-20II-12 REGULAR SESSION

ASSEMBLY BILL No 1896

Introduced by Assembly Member Chesbro

February 222012

An act to amend the heading of Article 10 (commencing with Section710) of Chapter 1 of Division 2 of and to add Section 719 to theBusiness and Professions Code relating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1896 as amended Chesbro Tribal health programs health carepractitioners

Under existing federal law licensed health professionals employedby a tribal health program are required to be exempt if licensed in anystate from the licensing requirements of the state in which the tribalhealth program performs specified services A tribal health program isdefined as an Indian tribe or tribal organization that operates any healthprogram service function activity or facility funded in whole or partby the Indian Health Service

Existing law provides for the licensure and regulation of health carepractitioners by various healing arts boards within the Department ofConsumer Affairs

This bill would codify that federal requirement by specifying that aperson who is licensed as a health care practitioner in any other stateand is employed by a tribal health program is exempt from any statelicensing requirement with respect to acts authorized under thepersonslicense where the tribal health program performs specified services

Vote majority Appropriation no Fiscal committee noState-mandated local program no

98

AD 1896 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 The heading of Article 10 (commencing with2 Section 710) of Chapter 1 of Division 2 of the Business and3 Professions Code is amended to read456789

101112131415161718192021

Article 10 Federal Personnel and Tribal Health Programs

SEC 2 Section 719 is added to the Business and ProfessionsCode to read

719 (a) A person who is licensed as a health care practitionerin any other state and is employed by a tribal health program asdefined in Section 1603 of Title 25 of the United States Code shallbe exempt from any licensing requirement described in this divisionwith respect to acts authorized under the persons license wherethe tribal health program performs the services described in thecontract or compact of the tribal health program under the IndianSelf-Determination and Education Assistance Act (25 USC Sec450 et seq)

(b) For purposes of this section health care practitioner meansany person who engages in acts that are the subject of licensureor regulation under this division or Ml) initiative 8et referred to inthis division the law of any other state

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98

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1904

Introduced by Assembly Members Block Butler and Cook

February 222012

An act to add Section 1155 to the Business and Professions Coderelating to professions and vocations and making an appropriationtherefor

LEGISLATIVE COUNSELS DIGEST

AB 1904 as introduced Block Professions and vocations militaryspouses temporary licenses

Existing law provides for the licensure and regulation of variousprofessions and vocations by boards within the Department of ConsumerAffairs Existing law provides for the issuance of reciprocal licenses incertain fields where the applicant among other requirements has alicense to practice within that field in another jurisdiction as specifiedUnder existing law licensing fees imposed by certain boards withinthe department are deposited in funds that are continuously appropriated

This bill would authorize a board within the department to issue atemporary license to an applicant who among other requirements holdsan equivalent license in another jurisdiction as specified and is marriedto or in a legal union with an active duty member of the Armed Forcesofthe United States who is assigned to a duty station in California underofficial active duty military orders The bill would require a board toexpedite the process for issuing these temporary licenses The bill wouldrequire the applicant to pay any fees required by the board and wouldrequire that those fees be deposited in the fund used by the board toadminister its licensing program To the extent that the bill would

99

AB 1904 -2-

increase the amount of money deposited into a continuously appropriatedfund the bill would make an appropriation

Vote majority Appropriation yes Fiscal committee yesState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 1155 is added to the Business and2 Professions Code to read3 1155 (a) A board within the department may issue a4 temporary license to an applicant who meets all of the following5 requirements6 (l) Submits an application in the manner prescribed by the7 board8 (2) Supplies evidence satisfactory to the board that the applicant9 is married to or in a domestic partnership or other legal union

10 with an active duty member of the Armed Forces of the United11 States who is assigned to a duty station in this state under official12 active duty military orders13 (3) Holds a current license in another state district or territory14 of the United States with the requirements that the board determines15 are substantially equivalent to those established under this code16 for that occupation17 (4) Has not committed an act in anyjurisdiction that would have18 constituted grounds for denial suspension or revocation of the19 license under this code at the time the act was committed20 (5) Has not been disciplined by a licensing entity in another21 jurisdiction and is not the subject of an unresolved complaint22 review procedure or disciplinary proceeding conducted by a23 licensing entity in another jurisdiction24 (6) Pays any fees required by the board Those fees shall be25 deposited in the applicable fund or account used by the board to26 administer its licensing program27 (7) Submits fingerprints and any applicable fingerprinting fee28 in the manner required of an applicant for a regular license29 (b) A board shall expedite the procedure for issuing a temporary30 license pursuant to this section31 (c) A temporary license issued under this section shall be valid32 for 180 days except that the license may at the discretion of the

99

-3- AB 1904

I board be extended for an additional180-day period on application2 of the license holder3 (d) A board may adopt regulations necessary to administer this4 section

o

99

AB 1932 Assembly Bill Status

MEASURE AUTHOR(S)TOPICHOUSE+LAST

CURRENT BILL STATUS

AB No 1932Gorell (Coauthor Cook)

United States armed services healing arts boardsLOCATION SENAMENDED DATE 04172012

TYPE OF BILL

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpubI11-12Ibillasmab_1901-1950ab_1932_bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

An act to add Section 7102 to the Business andProfessions Code relating to healing arts

-

AMENDED IN ASSEMBLY APRIL 172012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1932

Introduced by Assembly Member-Ceek Gorell(Coauthor Assembly Member Cook)

February 222012

An act to add Section 7102 to the Business and Professions Coderelating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1932 as amended euroook Gorell United States armed serviceshealing arts boards

Existing law provides for the licensure and regulation of varioushealing arts professions and vocations by boards within the Departmentof Consumer Affairs Existing law requires the rules and regulations ofthese healing arts boards to provide for methods of evaluating educationtraining and experience obtained in military service if such training isapplicable to the requirements of the particular profession or vocationregulated by the board Under existing law the Department of VeteransAffairs has specified powers and duties relating to various programsserving veterans

This bill would require by January 12014 and annually thereafterevery healing arts board to issue a specified written report to theDepartment of Veterans Affairs and the Legislature as specified thatclearly details the methods of evaluating the education training andexperience obtained in military service and whether that educationtraining and experience is applicable to the boards requirements forlicensure The bill would declare the intent of the Legislature in thisregard

98

AB 1932 -2-

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 710 of the Business and Professions Code2 was enacted in 1969 and because healing arts boards have not3 demonstrated significant compliance with that section it is the4 intent of the Legislature to establish an annual reporting5 requirement to compel these boards to provide information about6 the methods of evaluating education training and experience7 obtained in military service in order to meet the needs of the8 upcoming wave of armed service members returning to civilian9 life

10 SEC 2 Section 7102 is added to the Business and Professions11 Code to read12 7102 (a) By January 12014 and annually thereafter every13 healing arts board described in this division shall issue a written14 report to the Department of Veterans Affairs and to the Legislature15 that clearly details the methods of evaluating the education16 training and experience obtained in military service and whether17 that education training and experience is applicable to the boards18 requirements for licensure This written report shall include but19 not be limited to quantitative information about the number of20 service members who have applied for and have used their military21 education training and experience to fulfill the boards22 requirements for licensure23 (b) (1) The requirement to submit a report to the Legislature24 under subdivision (a) shall be inoperative on January 1 201825 pursuant to Section 102315 of the Government Code26 (2) A report to the Legislature shall be submitted in compliance27 with Section 9795 of the Government Code

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98

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      • AGENDA ITEM 4
      • DISCUSSION AND POSSIBLE ACTION REGARDING PENDING LEGISLATION
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25

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35

AB518 -2-

The people of the State of California do enact asfollows

1 SECTION 1 Section 7480 of the Government Code as2 amended by Section 2 of Chapter 234 of the Statutes of 2008 is3 repealed4 7480 Nothing in this ehapter prohibits an) of the following

(a) The dissemination of an) finaneial information that is not6 identified with or identifiable as being deri ved from the fiftMleial7 reeords of a partietllar etlstomer8 (b) When any poliee or sheriffs department or distriet attorney9 in this state eertines to a bank eredit tlftion or savin-gsassoeiation

in 4vritingthat a erime report has been filed that involves the11 alleged fratldttlent tlse of drafts eheeks or other orders drawfl12 tlJon MtY bank eredit tlftion or Sltv ings assoeiation in this state13 the poliee or sheriffs department or distriet attomey a eotlnty14 adttlt proteeti-ve sen iees oftiee 4vhen investigating the finaneial

abttse of an elder or dependent adttlt or a long term eare16 ombttdsman when investigating the finaneial abttse of an elder or17 dependent adttlt rna reqtlest a bank eredit tlftion or savings18 assoeiation to fttmish and a bank eredit tlftion or savings19 assoeiation shall fttmish a statement setting forth the folIowing

information with respeet to a etlstomer aeeotlnt speeified b) the21 reqttesting parry for a period 30 da s prior to and tlJ to 30 da) s22 following the date ofoeetnTenee of the alleged illegal aet invohin-g23 the aeeotlftt24 (1) The Itttftlber of items dishonored

(2) The nttmber of items paid that ereated Oierdrafts26 (3) The dollar volttme of the dishonored items and items paid27 whieh ereated overdrafts and a statement explaining an) eredit28 atTangementbetween the bank eredit tlftion or savin-gsassoeiation29 and etlstomer to pa) 0verdrafts

(4) The dates and amotlnts of deposits and debits and the aeeotlftt31 balanee on these dates32 (5) A eoJry of the signattlre eard inelttding the signattlre and33 an) addresses appearing on a etlstomers signattlre eard34 (6) The date the aeeottnt opened and ifapplieable the date the

aeeotlnt elosed36 (7) A bank eredit tlftion or saTvingsassoeiation that proiides37 the reqtlesting part) vvith eopies of one or more eomplete aeeottnt

98

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-11- AB518

the taxpa er (2) the (iireet deposit refund bullbullas not rettlmed to theFranehise Tax Board and (3) the remnd TnaSdeposited direetlyon a speeifled date into the aeeotlftt of an aeeotmtholder of theflnaneial instittttion bullbullho bullbullas not entitled to reeei v e the refttndthen the flnaneial instittttion shall fttntish to the Franehise TaxBoard the name and address ofan eoo w ner eosigtter or an otherperson bullbullho had aeeess to the mnds in the aeeotlttt follo bullbulling thedate ofdiIeet deposit refund or if the aeeotmt has been dosed thename and address of the person bullbullho dosed the aeeOtlftt

(s) This seetion shall beeome operati v e on Jaftttary 1 2013SECTION 1SEC 2 Section 156301 of the Welfare and Institutions Code

is amended to read156301 (a) As used in this section mandated reporter of

suspected financial abuse of an elder or dependent adult meansall officers and employees of financial institutions

(b) As used in this section the term financial institution meansany of the following

(l) A depository institution as defined in Section 3(c) of theFederal Deposit Insurance Act (12 USC Sec 1813(c))

(2) An institution-affiliated party as defined in Section 3(u) ofthe Federal Deposit Insurance Act (12 USC Sec 1813(u))

(3) A federal credit union or state credit union as defined inSection 101 ofthe Federal Credit Union Act (12 USC Sec 1752)including but not limited to an institution-affiliated party of acredit union as defined in Section 206(r) of the Federal CreditUnion Act (12 USc Sec 1786(r))

(c) As used in this section financial abuse has the samemeaning as in Section 1561030

(d) (l) Any mandated reporter of suspected financial abuse ofan elder or dependent adult who has direct contact with the elderor dependent adult or who reviews or approves the elder ordependent adults financial documents records or transactionsin connection with providing financial services with respect to anelder or dependent adult and who within the scope of his or heremployment or professional practice has observed or hasknowledge of an incident that is directly related to the transactionor matter that is within that scope of employment or professionalpractice that reasonably appears to be financial abuse or whoreasonably suspects that abuse based solely on the information

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before him or her at the time of reviewing or approving thedocument record or transaction in the case of mandated reporterswho do not have direct contact with the elder or dependent adultshall report the known or suspected instance of financial abuse bytelephone immediately or as soon as practicably possible and bywritten report sent within two working days to the local adultprotective services agency or the local law enforcement agency

(2) When two or more mandated reporters jointly haveknowledge or reasonably suspect that financial abuse of an elderor a dependent adult for which the report is mandated has occurredand when there is an agreement among them the telephone reportmay be made by a member of the reporting team who is selectedby mutual agreement A single report may be made and signed bythe selected member of the reporting team Any member of theteam who has knowledge that the member designated to report hasfailed to do so shall thereafter make that report

(3) If the mandated reporter knows that the elder or dependentadult resides in a long-term care facility as defined in Section1561047 the report shall be made to the local ombudsman or locallaw enforcement agency

(e) An allegation by the elder or dependent adult or any otherperson that financial abuse has occurred is not sufficient to triggerthe reporting requirement under this section if both of the followingconditions are met

(1) The mandated reporter of suspected financial abuse of anelder or dependent adult is aware of no other corroborating orindependent evidence of the alleged financial abuse of an elder ordependent adult The mandated reporter of suspected financialabuse of an elder or dependent adult is not required to investigateany accusations

(2) In the exercise of his or her professional judgment themandated reporter of suspected financial abuse of an elder ordependent adult reasonably believes that financial abuse of anelder or dependent adult did not occur

(f) Failure to report financial abuse under this section shall besubject to a civil penalty not exceeding one thousand dollars($1000) or if the failure to report is willful a civil penalty notexceeding five thousand dollars ($5000) which shall be paid bythe financial institution that is the employer of the mandated

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reporter to the party bringing the action Subdivision (h) of Section15630 shall not apply to violations of this section

(g) (1) The civil penalty provided for in subdivision (f) shallbe recovered only in a civil action brought against the financialinstitution by the Attorney General district attorney or countycounsel No action shall be brought under this section by anyperson other than the Attorney General district attorney or countycounsel Multiple actions for the civil penalty may not be broughtfor the same violation

(2) Nothing in the Financial Elder Abuse Reporting Act of2005shall be construed to limit expand or otherwise modify any civilliability or remedy that may exist under this or any other law

(h) As used in this section suspected financial abuse of anelder or dependent adult occurs when a person who is requiredto report under subdivision (a) observes or has knowledge ofbehavior or unusual circumstances or transactions or a pattern ofbehavior or unusual circumstances or transactions that would leadan individual with like training or experience based on the samefacts to form a reasonable belief that an elder or dependent adultis the victim of financial abuse as defined in Section 1561030

(i) Reports of suspected financial abuse of an elder or dependentadult made by an employee or officer of a financial institutionpursuant to this section are covered under subdivision (b) of Section47 of the Civil Code

SEC 3 Section 15633 of the Welfare and Institutions Codeas amended by Section 5 of Chapter 140 of the Statutes of 2005is amended to read

15633 (a) The reports made pursuant to Sections 15630156301 and 15631 shall be confidential and may be disclosedonly as provided in subdivision (b) Any violation of theconfidentiality required by this chapter is a misdemeanorpunishable by not more than six months in the county jail by afine of five hundred dollars ($500) or by both that fine andimprisonment

(b) Reports of suspected abuse of an elder or dependent adultand information contained therein may be disclosed only to thefollowing

(1) Persons or agencies to whom disclosure of information orthe identity of the reporting party is permitted under Section156335

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(2) (A) Persons who are trained and qualified to serve onmultidisciplinary personnel teams may disclose to one anotherinformation and records that are relevant to the preventionidentification or treatment of abuse of elderly or dependentpersons

(B) Except as provided in subparagraph (A) any personnel ofthe multidisciplinary team or agency that receives informationpursuant to this chapter shall be under the same obligations andsubject to the same confidentiality penalties as the persondisclosing or providing that information The information obtainedshall be maintained in a manner that ensures the maximumprotection of privacy and confidentiality rights

(c) This section shall not be construed to allow disclosure ofany reports or records relevant to the reports of abuse of an elderor dependent adult if the disclosure would be prohibited by anyother provisions of state or federal law applicable to the reports orrecords relevant to the reports of the abuse nor shall it be construedto prohibit the disclosure by a financial institution of any reportsor records relevant to the reports of abuse of an elder or dependentadult if the disclosure would be required of a financial institutionby otherwise applicable state or federal law or court order

(d) This seetion shall remain in dIcet on) tmtilJantmry I 2813and as of that date is repealed unless a later enaeted statute thatis enaeted before JMlt1ary12813 deletes or extends that date

SEC 4 Section 15633 of the Welfare and Institutions Codeas added by Section 6 of Chapter 140 of the Statutes of 2005 isrepealed

15633 (a) The leports made ptlrstlMlt to Seetions 15638 and15631 shall be eonndential and may be diselosed on) as pro videdin stlbdivision (b) AIl) violation of the eonfidetttialrt reqtliredbythis ehapter is a misdemeanor ptlnishable bynot more than sixmoftths in the eounry jail b)l a nne ofn Vehundred dollars ($588)or byboth that nne and imprisonment

(b) Reports of stlspeeted elder 01 dependent adttlt abttse andinfenmation eontained therein may be diselosed only to thefollo vving

(1) Persons or ageneies to vvhomdiselostlfe of information orthe identity of the reporting pMty is permitted tlnder Seetion156335

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(2) EA) Persems who Me trftined Md qtlftlified to sene onmtlltidiseiplinftfjf persoflftel teftll1smfty diselose to one Mlotherinfermtttion Md reeords thftt Me relevflnt to the preventionidentifiefttion or trefttment of ftbttse of elderly or dependentpersons

EB) Exeept ftSpro vided in SMpMftgrftph EA) Mly personnel ofthe ftltlltidiseiplinftry teftftl or ftgeney thftt reeeives informfttionptlrstlftnt to this ehflPtel shftH he tinder the sftme ohligfttions ftndsttbjeet to the sftme eonfidentiftlity penftlties ftS the pelsondisdosing or pro viding thftt infermfttion The informfttion ohtftinedshftH he mftintftined in ft ftlftflfter thftt enstlfes the ftlftXimttmproteetion ofprivftey ftnd eonfidentiftlity rights

Ee) This seetion shftH not he eonstftled to ftHo diselostlfe ofMy reports or reeords rde vMit to the reports of elder or dependentftdttlt ftbttse if the disdostlfe votlld he prohibited hy My other110visions of stftte or federftllft bullbull ftppliefthle to the reports or reeordsrele vftnt to the reports of the flbttse

Ed) This seetion shftH heeome operftti ve on Jftntlftry I 2013SEC 5 Section 15634 of the Welfare and Institutions Code

as amended by Section 7 of Chapter 140 of the Statutes of 2005is amended to read

15634 (a) No care custodian clergy member healthpractitioner mandated reporter of suspected financial abuse of anelder or dependent adult or employee of an adult protectiveservices agency or a local law enforcement agency who reports aknown or suspected instance of abuse of an elder or dependentadult shall be civilly or criminally liable for any report requiredor authorized by this article Any other person reporting a knownor suspected instance of abuse of an elder or dependent adult shallnot incur civil or criminal liability as a result of any reportauthorized by this article unless it can be proven that a false reportwas made and the person knew that the report was false No personrequired to make a report pursuant to this article or any persontaking photographs at his or her discretion shall incur any civil orcriminal liability for taking photographs of a suspected victim ofabuse of an elder or dependent adult or causing photographs to betaken of such a suspected victim or for disseminating thephotographs with the reports required by this article Howeverthis section shall not be construed to grant immunity from thisliability with respect to any other use of the photographs

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(b) No care custodian clergy member health practitionermandated reporter of suspected financial abuse of an elder ordependent adult or employee of an adult protective services agencyor a local law enforcement agency who pursuant to a request froman adult protective services agency or a local law enforcementagency investigating a report of known or suspected abuse of anelder or dependent adult provides the requesting agency withaccess to the victim of a known or suspected instance of abuse ofan elder or dependent adult shall incur civil or criminal liabilityas a result of providing that access

(c) The Legislature finds that even though it has providedimmunity from liability to persons required to report abuse of anelder or dependent adult immunity does not eliminate thepossibility that actions may be brought against those persons basedupon required reports of abuse In order to further limit the financialhardship that those persons may incur as a result of fulfilling theirlegal responsibilities it is necessary that they not be unfairlyburdened by legal fees incurred in defending those actionsTherefore a care custodian clergy member health practitioneror an employee of an adult protective services agency or a locallaw enforcement agency may present to the StMe B6Md 6pound C6ntr61California Victim Compensation and Government Claims Boarda claim for reasonable fttt6meys attorneys fees incurred in anyaction against that person on the basis of making a report requiredor authorized by this article if the court has dismissed the actionupon a demurrer or motion for summary judgment made by thatperson or if he or she prevails in the action The StMe B6ftrd 6fC6ntr61 California Victim Compensation and Government ClaimsBoard shall allow that claim if the requirements ofthis subdivisionare met and the claim shall be paid from an appropriation to bemade for that purpose Att6mey s Attorneys fees awarded pursuantto this section shall not exceed an hourly rate greater than the ratecharged by the Attorney General at the time the award is madeand shall not exceed an aggregate amount of fifty thousand dollars($50000) This subdivision shall not apply if a public entity hasprovided for the defense of the action pursuant to Section 995 ofthe Government Code

(d) This seeti6n shftll remftin in dfeet 6ttly tmtil J8fttlfll)1 2013ftnd ftS6pound thftt dMe is repeftled wIess ft IMer enfteted stMute thMis en8eted before Jftftt18ry12013 deletes 6r extends thM dMe

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SEC 6 Section 15634 of the Welfare and Institutions Codeas amended by Section 711 ojChapter 538 of the Statutes oj2006is repealed

15634 eft) No eMe etlstodimt ele~ member hea-lthpraetitioner or employee of an adttlt proteeti-ve serviees ageneyor a loeal larn enforeement ageney who reports a lrnown orsttspeeted instanee of elder or dependent adtllt abtlse shaHbe eiviHyor eriminalry liable for any report reqttired or attthorizedby thisartiele Any other peIson reporting a lrnOWfior stlspeeted instaneeof elder or dependeItt adttIt abtlse shall not inettr ei vil or eriminalliability as a restllt of any report attthorizedby this artiele ttnlessit ean be pro ven that a false report was made and the person knewthat the report vvasrelse gteJoperson reqtlired to make a reportptlrstlant to this artiele or any person taking photographs at his orher diseretion shall inettr any eivii or eriminalliability fer takingphotographs of a stlspeeted vietim of elder or dependent adtlltabtlse or eattsing photographs to be taken of the stlspeeted vietimor fOIdisseminating the photographs with the reports reqtlired bythis artiele However this seetion shall not be eonstmed to gIantimmttnity from this liability vvithrespeet to any other tlse of thephotographs

(b) No eMe etlstodian el~ member health praetitioner oremployee of an adtlIt proteetive seniees ageney or a loea-l lawenfereemeItt ageney who pttrsttant to a reqtlest from an adttltproteeti-ie seniees ageney or a loeal lavI enforeemeItt ageneyinvestigating a report of lrnOViftor stlspeeted elder or dependentadtllt abtlse proides the reqtlesting ageney with aeeess to thevietim of a lrnovvnor stlspeeted instanee of elder or dependeIttadttlt abtlse shall inettr eiviI or eriminal liability as a restlIt ofpro viding that aeeess

ee) The Legislatttre finds that even thOtlgh it has pIOvidedimmtlnity from liability to peIsons reqtlired to report elder ordependent mit abttse immtlIlity does not eliminate the possibilitythat aetions may be brotlght agamst those persons based tlJ0nreqtlired reports of abtlse In order to fttrther limit the finaneialhardship that those persons may inettr as a resttIt offttlfilling theirlegal responsibilities it is neeessary that they not be tlftreirlybttrdened by legal fees inetlffed in defending those aetionsTherefore a eMeetlstodian ele~ member health praetitioneror employee ofan adttlt proteetive seniees ageney or a loeallffi7t

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enfOieement agene)l ma) present to the CalifeJmia VietimCempensatien and Geemment Claims BeMd a elaim feJrreasenable atteme)s fees inetJifedin any aetien agffinstthat persenen the basis efmMcinga repert reqtlired er attth6rizedb)l this Mtieleif the eeM has dismissed the aetien t1pen a demtlffer el metienfur sttmillM)lj tldgment made b that persen el ifhe er she preailsin the aetien The Califumia Vietim Cempensatien andGeemment Claims Beard shall allew that ehtim if thereqtlirements ef this sttbdi isien Me met and the elaim shall bepaid fl6man fllprepriatien te be made fur that ptllpese Atteme) sfees aarded ptliStlMltto this seetien shall net exeeedan hetlilyrate greater than the late eharged b the Attemey General at thetime the aard is made and sh8llnet exeeedan aggregate amettllteffitty thetlsanBdellMs ($50000) This sttbdF isien shall net applyif a pttblie enti) has pmbullided fer the defense ef the aetien ptlistlantte Seetien 995 ef the Ge emment Cede

(6) This seetien shall beeeme eperatie en JMttlM)12013SEC 7 Section 15640 of the Welfare and Institutions Code

as amended by Section 9 of Chapter 140 of the Statutes of2005is amended to read

15640 (a) (1) An adult protective services agency shallimmediately or as soon as practically possible report by telephoneto the law enforcement agency having jurisdiction over the caseany known or suspected instance of criminal activity and to anypublic agency given responsibility for investigation in thatjurisdiction of cases of elder and dependent adult abuse everyknown or suspected instance of abuse pursuant to Section 15630or 156301 of an elder or dependent adult A county adult protectiveservices agency shall also send a written report thereof within twoworking days of receiving the information concerning the incidentto each agency to which it is required to make a telephone reportunder this subdivision Prior to making any cross-report ofallegations of financial abuse to law enforcement agencies anadult protective services agency shall first determine whether thereis reasonable suspicion of any criminal activity

(2) If an adult protective services agency receives a report ofabuse alleged to have occurred in a long-term care facility thatadult protective services agency shall immediately inform theperson making the report that he or she is required to make thereport to the long-term care ombudsman program or to a local law

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enforcement agency The adult protective services agency shallnot accept the report by telephone but shall forward any writtenreport received to the long-term care ombudsman

(b) If an adult protective services agency or local lawenforcement agency or ombudsman program receiving a report ofknown or suspected elder or dependent adult abuse determinespursuant to its investigation that the abuse is being committed bya health practitioner licensed under Division 2 (commencing withSection 500) of the Business and Professions Code or any relatedinitiative act or by a person purporting to be a licensee the adultprotective services agency or local law enforcement agency orombudsman program shall immediately or as soon as practicallypossible report this information to the appropriate licensingagency The licensing agency shall investigate the report in lightof the potential for physical harm The transmittal of informationto the appropriate licensing agency shall not relieve the adultprotective services agency or local law enforcement agency orombudsman program of the responsibility to continue its owninvestigation as required under applicable provisions of law Theinformation reported pursuant to this paragraph shall remainconfidential and shall not be disclosed

(c) A local law enforcement agency shall immediately or assoon as practically possible report by telephone to the long-termcare ombudsman program when the abuse is alleged to haveoccurred in a long-term care facility or to the county adultprotective services agency when it is alleged to have occurredanywhere else and to the agency given responsibility for theinvestigation of cases of elder and dependent adult abuse everyknown or suspected instance of abuse of an elder or dependentadult A local law enforcement agency shall also send a writtenreport thereof within two working days of receiving the informationconcerning the incident to any agency to which it is required tomake a telephone report under this subdivision

(d) A long-term care ombudsman coordinator may report theinstance of abuse to the county adult protective services agencyor to the local law enforcement agency for assistance in theinvestigation of the abuse if the victim gives his or her consent Along-term care ombudsman program and the Licensing andCertification Division ofthe State Department ofIIealth SeI ieesPublic Health shall immediately report by telephone and in writing

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1 within two working days to the bureau any instance of neglect2 occurring in a health care facility that has seriously harmed any3 patient or reasonably appears to present a serious threat to the4 health or physical well-being of a patient in that facility If a victim5 or potential victim of the neglect withholds consent to being6 identified in that report the report shall contain circumstantial7 information about the neglect but shall not identify that victim or8 potential victim and the bureau and the reporting agency shall9 maintain the confidentiality of the report until the report becomes

lOa matter of public record11 (e) When a county adult protective services agency a long-term12 care ombudsman program or a local law enforcement agency13 receives a report of abuse neglect or abandonment of an elder or14 dependent adult alleged to have occurred in a long-term care15 facility that county adult protective services agency long-term16 care ombudsman coordinator or local law enforcement agency17 shall report the incident to the licensing agency by telephone as18 soon as possible19 (f) County adult protective services agencies long-term care20 ombudsman programs and local law enforcement agencies shall21 report the results of their investigations of referrals or reports of22 abuse to the respective referring or reporting agencies23 Eg) This seeti6n shall remain in dIcet 6ny tlfttilJ~ 1201324 and as 6f that date is repealed unless a later enaeted stMttte that25 is enaeted bef6re Janttary 12013 deletes 6r extends that date26 SEC 8 Section 15640 of the Welfare and Institutions Code27 as added by Section 10 of Chapter 140 of the Statutes of 2005 is28 repealed 29 15640 Ea) E1) An adult pr6teeti e sen iees ageney shall30 immediate) 6r as S66nas praetieal) p6ssible rep6rt 0 te1eph6ne31 t6 the la~ enf6reement ageney haing jttrisdieti6n 6er the ease32 an kntMfl6r suspeeted instanee 6f eriminal aeth it) and t6 any33 pttblie agene gien resp6nsibilit) f6r illestigMi6n in that34 jurisdieti6n 6f eases 6f elder and dependent adttlt abuse eery35 kfl6n6r suspeeted instanee 6f aetlse purstlant t6 Seeti6n 1563036 6f an elder 6r dependent adttlt A e6t11ltyadttlt pr6teeti e sen iees37 ageney shall als6 send a TV ritten rep6rt there6f Vv ithin ti 6 V 6rking38 days 6f reeeiving the inwrmati6n e6neeming the ineident t6 eaeh39 ageney t6 vv hieh it is reqtlired t6 make a teleph6ne Iep6rt tlftder40 this subdiisi6n Pri6r t6 making an er6SSIep6rt 6f allegati6ns

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offilumeial abttse to lavvenforeemertt a-geneiesMladult proteetFesen iees agene) shaH first determine whether there is reasonablesuspieion of tmJ eriminM aeti vit

(2) If an adult proteeti ve sen iees agene) reeei ves a report ofabttse alleged to ha ve oeettlTed in a long teml eare faeilit) thatadttlt proteeti ve sen iees ageney shall immediate) infoml theperson making the report that he or she is required to make thereport to the long term eare ombttdsman program 01 to aloeallawenforeemertt a-geneyThe adttlt proteeti ve sen iees agene) shallnot aeeept the report b) telephone btlt shall fonvMd flit) vvTittenreport leeehed to the long teml eare ornbtldsman

(b) If an adtllt proteetive seniees ageney or loeal lawenforeement agene) or ornbtldsman program reeei vinga report ofkftovm or stlspeeted elder or dependent adttlt MtlSe determinespttrstlartt to its inYestigationthat the flbttseis being eommitted bya health 11aetitioner lieensed tlftder Division 2 (eonJffieneingwithSeetion 500) of the Btlsiness flftdProfessions Code or flit) lelatedinitiatiye aet or by a person ptlrporting to be a lieensee the adtlltproteetive seniees a-gene) or loeallaw enforeement agene) orombttdsman program shall immediate) or as soon as praetieall)possible report this mformation to the appropriate lieensingagene) The lieensing agene) shall investigate the report in lightof the poterttial fur ph) sieal hamlThe trMlsmittfllof informationto the appropriate lieensing agene) shall not relieve the adtlltproteethe serviees agene) or loeallaw enforeement agene) orornbtldsmflft program of the responsibility to eorttinue its 0~vninvestigation as reqttired tlftder applieable provisions of law Theinformation reported pttrstlant to this paragraph shall remaineoniiderttial flItdshfl11not be diselosed

(e) A loealla bullbull enforeement agefte) shall immediate) or assoon as praetieal) possible report b) telephone to the long termeare ombtldsman program bullbullhen the abtlse is alleged to haveoeetllTed in a long term eare faeilit) or to the eotlnt) adttltproteetive seniees agene) bullbullhen it is alleged to have oeeUlfedan) vvhere else flftd to the agene) gh en responsibilit) for theinvestigation of eases of elder and dependent adttlt abtlse everykftovm or stlspeeted instflftee of MtlSe of an elder or dependerttadttlt A loeallaw enforeement ageney shall also send a Ylfittenreport thereof bullbullithin ftv0 vvorking dfl)s ofreeei ving the infomlation

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eoneeming the ineident to an agenC) to vvhieh it is reqtlired toftutke a telephone report tlIlderthis stlbdh ision

Ed) A long tenn eare ombttdsman eoordinator mll) report theinstlllleeof abtlse to the eot1llryadttlt proteetive seniees ageneyor to the loeal la bullbull enforeement agenC) for assistlllleein theinvestigationof the abttse if the vietim gives his or her eonsent Along tenn eMe ombtldsmllllprogram llIldthe Lieensing llIldCertifieation Division of the State DepMtment ofIIealth Senieesshall immediately report b telephone llIldin vvriting vvithin hiv0tv orkingdll) s to the bm eatl an instlllleeof negleet oeet1ffingin ahealth eare faeiliry that has seriotlsl hMmed an patient orreasonably appeMs to present a seriotls threat to the health orph sieal vvell being of a patient in that ffteiliry If a J ietim orpotential TV ietim of the neglect vithholds eonsent to being identifiedin that report the report shall eontain eirettmstlllltialinformationabom the negleet bm shall not identif) that vietim or potentialvietim and the bttreatl llIldthe reporting agenC) shall maintain theeoniidentialiry of the report tlntil the report beeomes a matter ofptlblie reeord

Ee) hen a eotlllryadttlt proteeti ve sen iees agenC) a long termeare ombtldsman program or a loeal la enforeement ageneyreeeives a report ofabttse negleet or ablllldonmentofllllelder ordependent adttlt alleged to have oeet1ffedin a long term earefaeiliry that eotlnty adtllt proteeti ve sen iees agenC) long termeare ombtldsmlllleoordinator or loeallavv enforeement ageneyshall report the ineident to the lieensing agene b telephone assoon as possible

ED COtl1lt)adtllt proteetive seniees ageneies long term eareombttdsman programs and 10ea1lavvenforeement ageneies shallreport the restllts of their investigations of referrals or reports ofabtlse to the respeetive referring or reporting ageneies

Eg) This seetion shall beeome operative on JllIlt1flry12013SEC 9 Section 156555 of the Welfare and Institutions Code

as amended by Section 11 of Chapter 140 of the Statutes of 2005is amended to read

156555 A county adult protective services agency shallprovide the organizations listed in paragraphs (v) (w) and (x) ofSection 1561017 and mandated reporters of suspected financialabuse of an elder or dependent adult pursuant to Section 156301with instructional materials regarding abuse and neglect of an elder

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1 or dependent adult and their obligation to report under this chapter2 At a minimum the instructional materials shall include the3 following4 (a) An explanation of abuse and neglect of an elder or dependent

adult as defined in this chapter6 (b) Information on how to recognize potential abuse and neglect7 of an elder or dependent adult8 (c) Information on how the county adult protective services9 agency investigates reports of known or suspected abuse and

neglect11 (d) Instructions on how to report known or suspected incidents12 of abuse and neglect including the appropriate telephone numbers13 to call and what types of information would assist the county adult14 protective services agency with its investigation of the report

(e) This seetion shall remain in eifcet only tlfttil Jflfttlttry 1 201316 and as of that date is repealed tmless a later enaeted stattlte that17 is enaeted before Jafttlttry 12013 deletes or extends that date18 SEC 10 Section 156555 of the Welfareand Institutions Code19 as amended by Section 712 of Chapter 538 of the Statutes of2006

is repealed21 156555 A eottftt) achtlt proteetive serviees agene) shall22 pmvide the organi2ations listed in paragraphs (v) (vv) and Ex) of23 Seetion 1561017 with instItletional materials regarding elder and24 dependent achtlt abtlse and negleet and their obligation to report

under this ehapter At a minimum the instruetional materials shall26 inelude the follovving27 (a) An explanation of elder and dependent achtlt abuse and28 negleet as defined in this ehapter29 (b) Information on how to reeogni2e potential elder and

dependent achtlt abuse and negleet31 (e) Information on ho vIthe eottftt) achtlt proteeti ve serv iees32 agene) investigates reports of knovm or suspeeted abuse and33 negleet34 (d) Instmetions on hovv to report ]movvn or suspeeted ineidents

of abuse and negleet ineltlding the appropriate telephone llt11llbers36 to eall and what rypes of information vvould assist the eount) adult37 proteetirv e sen iees agene) with its in (estigation of the report38 (e) This seetion shall beeome operati e on January I 20 13

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AB 608 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 608Pan

Health care coverage telemedicine

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to health care

httpwww1eginfocagovpubII-12Ibillasmab_0601-0650ab _608_ bill_ 20120201_status 652012

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AB 783 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 783AUTHOR(S) HayashiTOPIC Professional corporations licensed physical therapists

and occupational therapists+LAST AMENDED DATE 04072011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

COMMCOMMCOMM

HIST ACT DATEHIST ACTION

From committeeRule 62(a)

LOCATION SENACTION DATEACTION

06282011In committee Set second hearing Failed passagewithout further action pursuant to Joint

LASTLAST

BUSINESS PROFESSIONS AND ECONOMIC DEVELOPMENT06272011

Set second hearing Failed passage in Committee

TITLE An act to amend Section 2406 of the Business andProfessions Code and to amend Section 134015 of theCorporations Code relating to professional corporations

httpwwwleginfocagovpub11-12billasmab_0751-0800ab_783_bill_20111115_status 652012

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AMENDED IN ASSEMBLY APRIL 7 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 783

Introduced by Assembly Member Hayashi

February 172011

An act to amend Section 2406 of the Business and Professions Codeand to amend Section 134015 of the Corporations Code relating toprofcssiemal eorporations and deelaring the mgeney thereof to tttkeeffeet immediatelyprofessional corporations

LEGISLATIVE COUNSELS DIGEST

AB 783 as amended Hayashi Professional corporations licensedphysical therapists and occupational therapists

Existing law regulating professional corporations provides that certainhealing arts practitioners may be shareholders officers directors orprofessional employees of a medical corporation-er-a podiatric medicalcorporation or a chiropractic corporation subject to certain limitations

This bill would add licensed physical therapists and licensedoccupational therapists to the list of healing arts practitioners who maybe shareholders officers directors or professional employees of thosecorporations The bill would also make conforming changes to a relatedprovision

This bill vv otlld deelare that it is to take etteet immediately as anmgeney statttte

Vote -majority Appropriation no Fiscal committee noState-mandated local program no

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AB783 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 2406 of the Business and Professions2 Code is amended to read3 2406 A medical corporation or podiatry corporation is a4 corporation that is authorized to render professional services as

defined in Sections 13401 and 134015 ofthe Corporations Code6 so long as that corporation and its shareholders officers directors7 and employees rendering professional services who are physicians8 and surgeons psychologists registered nurses optometrists9 podiatrists chiropractors acupuncturists naturopathic doctors

physical therapists or in the case of a medical corporation only11 physician assistants marriage and family therapists or clinical12 social workers are in compliance with the Moscone-Knox13 Professional Corporation Act the provisions of this article and all14 other statutes and regulations now or hereafter enacted or adopted

pertaining to the corporation and the conduct of its affairs16 With respect to a medical corporation or podiatry corporation17 the governmental agency referred to in the Moscone-Knox18 Professional Corporation Act is the board19 SEC 2 Section 134015 of the Corporations Code is amended

to read21 134015 Notwithstanding subdivision (d) of Section 1340122 and any other provision of law the following licensed persons23 may be shareholders officers directors or professional employees24 of the professional corporations designated in this section so long

as the sum of all shares owned by those licensed persons does not26 exceed 49 percent ofthe total number of shares of the professional27 corporation so designated herein and so long as the number of28 those licensed persons owning shares in the professional29 corporation so designated herein does not exceed the number of

persons licensed by the governmental agency regulating the31 designated professional corporation32 (a) Medical corporation33 (1) Licensed doctors of podiatric medicine34 (2) Licensed psychologists

(3) Registered nurses36 (4) Licensed optometrists37 (5) Licensed marriage and family therapists38 (6) Licensed clinical social workers

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-3-

(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists(10) Naturopathic doctors(11) Licensed physical therapists(12)Licensed occupational therapists(b) Podiatric medical corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed optometrists(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(8) Licensed physical therapists(9) Licensed occupational therapists(c) Psychological corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Registered nurses(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed chiropractors(8) Licensed acupuncturists(9) Naturopathic doctors(d) Speech-language pathology corporation(1) Licensed audiologists(e) Audiology corporation(1) Licensed speech-language pathologists(t) Nursing corporation(l) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists

AB783

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AB783 -4-

(10) Naturopathic doctors(g) Marriage and family therapy corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed clinical social workers(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(h) Licensed clinical social worker corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed marriage and family therapists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(i) Physician assistants corporation(1) Licensed physicians and surgeons(2) Registered nurses(3) Licensed acupuncturists(4) Naturopathic doctorsG) Optometric corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(k) Chiropractic corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed acupuncturists(9) Naturopathic doctors

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-5- AB783

(10) Licensed physical therapists(11) Licensed occupational therapists(l) Acupuncture corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed physician assistants(9) Licensed chiropractors(10) Naturopathic doctors(m) Naturopathic doctor corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed physician assistants(5) Licensed chiropractors(6) Licensed acupuncturists(7) Licensed physical therapists(8) Licensed doctors of podiatric medicine(9) Licensed marriage family and child counselors(10) Licensed clinical social workers(11) Licensed optometrists(n) Dental corporation(1) Licensed physicians and surgeons(2) Dental assistants(3) Registered dental assistants(4) Registered dental assistants in extended functions(5) Registered dental hygienists(6) Registered dental hygienists in extended functions(7) Registered dental hygienists in alternative practiceSEC 3 This aet is Ml ttrgene statttte neeessary for the

immediatepresenation of the ptlblie peaee hettlihor saferyvvithinthe meMling of Miele IV of the Constittttion Mld shaHgo intoimmediate effeet The fftets eonstitttting the neeessiry Me

In order to 8t1thorizelieensed physieal therapists to beshareholders offieers mreetors or professional employees of

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AD7S3 -6-

1 memeal eorpofatiofts andpodiatrie medieal eorpofatiofts as soOft2 as possible it is fteeessary that this aet tftke dIeet immediately

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AB 800 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 800Huber

Boards and commissions time reporting

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to add Section 1156410 to the Government Coderelating to boards and commissions

httpwwwleginfocagovpubI11-12billasmlab_0751-0800ab _800_ bill_20120201_status 652012

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AB 958 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 958Bill Berryhill

Regulatory boards limitations periods

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to Art IV Sec 10(e) of theFrom committee Filed with the Chiefto Joint Rule 56BUSINESS PROFESSIONS AND CONSUMER PROTECTION

TITLE An act to add Section 1105 to and to repeal Sections16702 22305 296005 3137 375051 498205499032 5561 5661 76865 988420 and 98898 of theBusiness and Professions Code relating to regulatoryboards

httpwwwleginfocagovpub11-12lbillasmlab_0951-1 OOOab_958 _bill_ 20120202_ status 652012

AB 1003 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 1003Smyth

Professional and vocational licenses

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to professional and vocational licenses

httpwwwleginfocagovpubll-12Ibillasmlab_l00l-l 050ab_1003 _bill_2012020 I_statu 652012

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AB 1205 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1205AUTHOR(S) Bill BerryhillTOPIC Licensed behavior analysts+LAST AMENDED DATE 04042011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to amend Section 499018 of and to add Chapter52 (commencing with Section 252971) to Division 2 ofthe Business and Professions Code relating to healingarts

httpwwwleginfocagovpub11-12billasmab _120 1-1250ab_1205 _bill_20 120201_statu 652012

AB 1435 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1435AUTHOR(S) Dickinson (Coauthors Alejo Buchanan and Hill) TOPIC Child abuse reporting athletic personnelHOUSE LOCATION SEN+LAST AMENDED DATE OS252012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredState-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS for

LASTLAST

APPROPRIATIONSOS252012

Do pass as amendedAyes 17 Noes OOPASS

TITLE An act to amend Section 111657 of the Penal Coderelating to child abuse reporting

httpwww1eginfocagovpub11-12lbiIVasmab_140 1-1450ab _1435 _bill~0120601_statu 652012

AMENDED IN ASSEMBLY MAY 25 2012

AMENDED IN ASSEMBLY MARCH 21 2012

AMENDED IN ASSEMBLY MARCH 142012

AMENDED IN ASSEMBLY FEBRUARY 29 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1435

Introduced by Assembly Member Dickinson(Coauthors Assembly Members Alejo Buchanan and Hill)

January 4 2012

An act to amend Section 111657 of the Penal Code relating to childabuse reporting

LEGISLATIVE COUNSELS DIGEST

AB 1435 as amended Dickinson Child abuse reporting athleticpersonnel

Existing law the Child Abuse and Neglect Reporting Act requiresa mandated reporter as defined to report whenever he or she in his orher professional capacity or within the scope of his or her employmenthas knowledge of or observed a child whom the mandated reporterknows or reasonably suspects has been the victim of child abuse orneglect Failure to report an incident is a crime punishable byimprisonment in a county jail for a period of up to 6 months a fine ofup to $1000 or by both that imprisonment and fine

This bill would add athletic coaches athletic administrators andathletic directors employed by a public or private organization to thelist of individuals who are mandated reporters The bill otlld reqtlirean ptlblie or pri v ate orgflftizationernplo ing flftathletieeoaen Mhletie

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AB 1435 -2-

ftdministrator or Mhletie direetor to hftve provided initiftl trftining byJflfttlM) I 2014 on speeified mfttters relMing to ehiM a-bttse ftftdnegleetfor those employees On ftftd ftfter lftnuftry 12014 the bill vvottld reeJtlireinitiftl trftining to be pro vided IV ithin 6 months of the dMe ftn indi vidttftlbeeomes employed in thM eftlfteiry The bill vvouM require theseindividuftls to eomplete eontifttling tminmg every 2 yeMs

By imposing the reporting requirements on a new class of personsfor whom failure to report specified conduct is a crime ftftdby imposingne~ trftining reeJtlirements on publie oIgftfiiZMions ineluding loeftlgOvernment entities this bill would impose a state-mandated localprogram

The Cftlifomift Constittltion reqtlires the stMe to reimbtlfse loeftlftgeneies ftnd sehool distriets for eertftin eosts mftftdMed by the stftteStftttltory pItYvisions esffiblish proeedtlfes for mftkffigthftt reimbtlfsement

This bill hould pro vide thM 4vith regMd to eertftin mftftdfttes noIeimbtlfsement is reeJtlired by this ftet for ft speeified reftson

Vith regftM to ftny other mftndMeS this bill vv0tlM pro vide thM if theCommission on StMe ~bndtltes determines thM the bill eontftins eostsso mftndftted by the stftte reimbttIsement for those eosts shftll be mftdeptlfStlftnt to the stftttltory pro visions noted ttbo ve

The California Constitution requires the state to reimburse localagencies and school districts for certain costs mandated by the stateStatutory provisions establish procedures for making thatreimbursement

This bill would provide that no reimbursement is required by this actfor a specified reason

Vote majority Appropriation no Fiscal committee yesState-mandated local program yes

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 111657 of the Penal Code is amended2 to read3 111657 (a) As used in this article mandated reporter is4 defined as any of the following5 (1) A teacher6 (2) An instructional aide7 (3) A teachers aide or teachers assistant employed by any8 public or private schooL9 (4) A classified employee of any public schooL

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-3- AB 1435

1 (5) An administrative officer or supervisor of child welfare and2 attendance or a certificated pupil personnel employee of any public3 or private school4 (6) An administrator of a public or private day camp

(7) An administrator or employee of a public or private youth6 center youth recreation program or youth organization7 (8) An administrator or employee of a public or private8 organization whose duties require direct contact and supervision9 of children

(9) Any employee of a county office of education or the State11 Department of Education whose duties bring the employee into12 contact with children on a regular basis13 (10) A licensee an administrator or an employee of a licensed14 community care or child day care facility

(11) A Head Start program teacher16 (12) A licensing worker or licensing evaluator employed by a17 licensing agency as defined in Section 111651118 (13) A public assistance worker19 (14) An employee of a child care institution including but not

limited to foster parents group home personnel and personnel of21 residential care facilities22 (15) A social worker probation officer or parole officer23 (16) An employee of a school district police or security24 department

(17) Any person who is an administrator or presenter of or a26 counselor in a child abuse prevention program in any public or27 private school28 (18) A district attorney investigator inspector or local child29 support agency caseworker unless the investigator inspector or

caseworker is working with an attorney appointed pursuant to31 Section 317 of the Welfare and Institutions Code to represent a32 mmor33 (19) A peace officer as defined in Chapter 45 (commencing34 with Section 830) of Title 3 of Part 2 who is not otherwise

described in this section36 (20) A firefighter except for volunteer firefighters37 (21) A physician and surgeon psychiatrist psychologist dentist38 resident intern podiatrist chiropractor licensed nurse dental39 hygienist optometrist marriage and family therapist clinical social

worker professional clinical counselor or any other person who

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AB 1435 -4-

is currently licensed under Division 2 (commencing with Section500) of the Business and Professions Code

(22) Any emergency medical technician I or II paramedic orother person certified pursuant to Division 25 (commencing withSection 1797) of the Health and Safety Code

(23) A psychological assistant registered pursuant to Section2913 of the Business and Professions Code

(24) A marriage and family therapist trainee as defined insubdivision (c) of Section 498003 of the Business and ProfessionsCode

(25) An unlicensed marriage and family therapist internregistered under Section 498044 of the Business and ProfessionsCode

(26) A state or county public health employee who treats a minorfor venereal disease or any other condition

(27) A coroner(28) A medical examiner or any other person who performs

autopsies(29) A commercial film and photographic print processor as

specified in subdivision (e) of Section 11166 As used in thisarticle commercial film and photographic print processor meansany person who develops exposed photographic film into negativesslides or prints or who makes prints from negatives or slides forcompensation The term includes any employee of such a personit does not include a person who develops film or makes prints fora public agency

(30) A child visitation monitor As used in this article childvisitation monitor means any person who for financialcompensation acts as monitor of a visit between a child and anyother person when the monitoring of that visit has been orderedby a court of law

(31) An animal control officer or humane society officer Forthe purposes ofthis article the following terms have the followingmeanings

(A) Animal control officer means any person employed by acity county or city and county for the purpose of enforcing animalcontrol laws or regulations

(B) Humane society officer means any person appointed oremployed by a public or private entity as a humane officer who is

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-5- AB 1435

qualified pursuant to Section 14502 or 14503 of the CorporationsCode

(32) A clergy member as specified in subdivision (d) of Section11166 As used in this article clergy member means a priestminister rabbi religious practitioner or similar functionary of achurch temple or recognized denomination or organization

(33) Any custodian of records of a clergy member as specifiedin this section and subdivision (d) of Section 11166

(34) Any employee of any police department county sheriffsdepartment county probation department or county welfaredepartment

(35) An employee or volunteer of a Court Appointed SpecialAdvocate program as defined in Rule 1424 ofthe California Rulesof Court

(36) A custodial officer as defined in Section 8315(37) Any person providing services to a minor child under

Section 12300 or 123001 of the Welfare and Institutions Code(38) An alcohol and drug counselor As used in this article an

alcohol and drug counselor is a person providing counselingtherapy or other clinical services for a state licensed or certifieddrug alcohol or drug and alcohol treatment program Howeveralcohol or drug abuse or both alcohol and drug abuse is not inand of itself a sufficient basis for reporting child abuse or neglect

(39) A clinical counselor trainee as defined in subdivision (g)of Section 499912 of the Business and Professions Code

(40) A clinical counselor intern registered under Section 499942of the Business and Professions Code

(41) An athletic coach athletic administrator or athletic directoremployed by a public or private organization including but notlimited to schools and instittttions of higher e6ueation thatprovidekindergarten or any of grades 1 to 12 inclusive

(b) Except as provided in paragraph (35) of subdivision (a)volunteers of public or private organizations whose duties requiredirect contact with and supervision of children are not mandatedreporters but are encouraged to obtain training in the identificationand reporting of child abuse and neglect and are further encouragedto report known or suspected instances of child abuse or neglectto an agency specified in Section 111659

(c) Employers are strongly encouraged to provide theiremployees who are mandated reporters with training in the duties

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AB 1435 -6-

imposed by this article This training shall include training in childabuse and neglect identification and training in child abuse andneglect reporting Whether or not employers provide theiremployees with training in child abuse and neglect identificationand reporting the employers shall provide their employees whoare mandated reporters with the statement required pursuant tosubdivision (a) of Section 111665

(d) School districts that do not train their employees specifiedin subdivision (a) in the duties of mandated reporters under thechild abuse reporting laws shall report to the State Department ofEducation the reasons why this training is not provided

(e) Unless otherwise specifically provided the absence oftraining shall not excuse a mandated reporter from the dutiesimposed by this article

(f) Public and private organizations are encouraged to providetheir volunteers whose duties require direct contact with andsupervision of children with training in the identification andreporting of child abuse and neglect

(g) (1) On 6r befure Jttmtary 1 2014 ttll) pttblie 6r privflie6rganizttti6ftemp16ing ttft Mhletie e6tteh Mhletie ttdmimstrltt6r6r Mhletie direet6r ttSspeeified ift pMttgrttph (41) 6f sttbdivisi6ft(tt) shttll pr6 vide iftitittl trttining f6r th6se empl~ ees 6n thefull6vvingmtttters

(A) The identifiettti6n 6f ehild ttbttse ttnd negleet(D) Aeti vities thttt e6ftstitttte inltppr6prittte ttftd illegttl e6ntttet

betiveen tt 6tlth ltftd ltft ttthietie e6tteh Mhletie ttdmiftistrttt6r 6rttthietie direet6r

(6) The resp6nsibilities 6f tt pers6n identified lIStt mttndfliedrep6rter in this seeti6n ineIttding btl ft6t limited t6 ttll 6f thefull6 vving

(i) T6 ~h6m tt rep6rt is reqtlired t6 be mttde(ii) The inf6rmttti6n thttt is reqttired t6 be ifte1ttdedin tt rep6rt(iii) The time vvithiftvvhieha mandated rep6rter is reqttired t6

file tt rep6rt(2) Initittl training shall be pr6vided b perS6ftSkn6vvledgeltble

ift the identifiettti6n 6fehild aettse ttnd negleet inltppf6prittte ltftdillegal e6ntaet bem eena 6ttth and ltftadttIt ltftdstatttt6ry rep6rtingreqttiremeftts ltftdshttll e6nsist 6ftw6 h6ttrs 6felassr66m 6r 6therinteraetive trainiftg ltftdedttettti6n

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1 (h) Commeneing on fmd aftel Jfmtlftry12014 fmofgfmization2 speeified in sttbdivision (g) shaHpro ide initial training within six3 months of the date that fm individtutl beeomes empleryed as an4 Mhletie eoaeh athletie administrator or athletie direetor ttnless5 the indi idttal reeei ed training Hithin tw0 years prior to the date6 the indi idtlal is empleryed An Mhletie eoaeh athletie7 administrator or athletie direetor Hho has leeeied initial training8 ptlfStlafttto sttbdiision (g) shall eomplete eontifttling training9 thereafter onee eery two years eonsisting of one hottf of

10 elassroom or other interaeti e training fmd edtteation11 SEC 2 No reimbtlrsement is reqtlired by this aet pttfStlafttto12 Seetion 6 ofArtiele )GIlD of the California Constitution for eertain13 eosts that may be inetllTed by a loeal ageney or sehool distriet14 beeatlse ift that regard this aet ereates a nev erime or infraetion15 eliminates a erime or infraetion or ehfmges the penalty fOfa erime16 or inflaetion Hithin the meaning of Seetion 17556 of the17 Goemment Code or ehanges the definition ofa elime Hithin the18 meaning of Seetion 6 of Aniele XIII D of the Califomia19 Constitution20 IIo~eer if the Commission on State Mfmdates determines that21 this aet eontainsother eosts mfmdated by the state reimbttfsement22 to loeal ageneies fmd sehool distliets for those eosts shall be made23 ptlfStlafttto Part 7 (eommeneing Hith Seetion 17500) of Division24 4 of Title 2 of the Goemment Code25 SEC 2 No reimbursement is required by this act pursuant to26 Section 6 of Article XIII B of the California Constitution because27 the only costs that may be incurred by a local agency or school28 district will be incurred because this act creates a new crime or29 infraction eliminates a crime or infraction or changes thepenalty30 for a crime or infraction within the meaning of Section 17556 of31 the Government Code or changes the definition of a crime within32 the meaning of Section 6 of Article XIII B of the California33 Constitution

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AB 1904 Assembly Bill Status

MEASURE AUTHOR(S)TOPIC

HOUSE

CURRENT BILL STATUS

AB No 1904Block Butler and

Professions and vocationslicenses

LOCATION

Cookmilitary spouses temporary

TYPE OF BILL

SEN

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyAppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpub11-12billasmab _1901-1950ab _1904_ bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes Noes OOPASS17

An act to add Section 1155 to the Business andProfessions Code relating to professions and vocationsand making an appropriation therefor

-

AB 1588 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1588AUTHOR(S) Atkins (Principal coauthors Cook and Nielsen)

(Coauthors Block Beth Gaines Pan V Manuel PerezWilliams and Yamada)

TOPIC Professions and vocations reservist licensees fees andcontinuing education

HOUSE LOCATION SEN+LAST AMENDED DATE 03052012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS forLAST

LAST

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

TITLE An act to add Section 1143 to the Business andProfessions Code relating to professions and vocations

htlpllwwwleginfocagovpubll-12Ibillasmlab _1551-1600ab _1588 _bill_20120601_statu 652012

middot

AMENDED IN ASSEMBLY MARCH 5 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1588

Introduced by Assembly Member Atkins(Principal coauthors Assembly Members Cook and Nielsen)

(Coauthors Assembly Members Block Beth Gaines PanV Manuel Perez Williams and Yamada)

February 6 2012

An act to add Section 1143 to the Business and Professions Coderelating to professions and vocations

LEGISLATIVE COUNSELS DIGEST

AB 1588 as amended Atkins Professions and vocations reservistlicensees fees and continuing education

Existing law provides for the regulation of various professions andvocations by boards commissions or bureaus within the Departmentof Consumer Affairs and for the licensure or registration of individualsin that regard Existing law authorizes any licensee whose licenseexpired while he or she was on active duty as a member of the CaliforniaNational Guard or the United States Armed Forces to reinstate his orher license without examination or penalty if certain requirements aremet

This bill would require the boards commissions or bureaus describedabove to waive the renewal fees and continuing education requirementsif either is applicable of any licensee or registrant who is a reservistcalled to active duty as a member of the United States Military Reserveor the California National Guard if certain requirements are met

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

98

AB 1588 -2-

Thepeople of the State of Califomi a do enact asfollows

1 SECTION 1 Section 1143 is added to the Business and2 Professions Code to read3 1143 Notwithstanding any other provision oflaw everyboard4 commission or bureau within the department shall waive the5 renewal fees and continuing education requirements if either is6 applicable for any licensee or registrant who is a reservist called7 to active duty as a member of the United States Military Reserve8 or the California National Guard if all of the following9 requirements are met

10 (a) The licensee or registrant was in good standing with the11 board commission or bureau at the time the reservist was called12 to active duty13 (b) The renewal fees or continuing education requirements are14 waived only for the period during which the reservist is on active15 duty service16 (c) The active duty reservist or the active duty reservists spouse17 or registered domestic partner provides written notice satisfactory18 to the board commission or bureau that substantiates the19 reservists active duty service

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AB 1896 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1896AUTHOR(S) ChesbroTOPIC Tribal health programs health care practitionersHOUSE LOCATION SEN+LAST AMENDED DATE 03272012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATIONCOMM ACTION DATECOMM ACTIONCOMM VOTE SUMMARY

ASM

05172012Referred to Com on B P amp EDBUSINESS PROFESSIONS AND CONSUMER PROTECTION04102012

Do passAyes 09 Noes OOPASS

TITLE An act to amend the heading of Article 10 (commencingwith Section 710) of Chapter 1 of Division 2 of and toadd Section 719 to the Business and Professions Coderelating to healing arts

httpwwwleginfocagovpubI11-12lbillasmab_1851-1900ab_1896_bill_20120517 _statu 652012

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AMENDED IN ASSEMBLY MARCH 27 2012

CALIFORNIA LEGISLATURE-20II-12 REGULAR SESSION

ASSEMBLY BILL No 1896

Introduced by Assembly Member Chesbro

February 222012

An act to amend the heading of Article 10 (commencing with Section710) of Chapter 1 of Division 2 of and to add Section 719 to theBusiness and Professions Code relating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1896 as amended Chesbro Tribal health programs health carepractitioners

Under existing federal law licensed health professionals employedby a tribal health program are required to be exempt if licensed in anystate from the licensing requirements of the state in which the tribalhealth program performs specified services A tribal health program isdefined as an Indian tribe or tribal organization that operates any healthprogram service function activity or facility funded in whole or partby the Indian Health Service

Existing law provides for the licensure and regulation of health carepractitioners by various healing arts boards within the Department ofConsumer Affairs

This bill would codify that federal requirement by specifying that aperson who is licensed as a health care practitioner in any other stateand is employed by a tribal health program is exempt from any statelicensing requirement with respect to acts authorized under thepersonslicense where the tribal health program performs specified services

Vote majority Appropriation no Fiscal committee noState-mandated local program no

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AD 1896 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 The heading of Article 10 (commencing with2 Section 710) of Chapter 1 of Division 2 of the Business and3 Professions Code is amended to read456789

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Article 10 Federal Personnel and Tribal Health Programs

SEC 2 Section 719 is added to the Business and ProfessionsCode to read

719 (a) A person who is licensed as a health care practitionerin any other state and is employed by a tribal health program asdefined in Section 1603 of Title 25 of the United States Code shallbe exempt from any licensing requirement described in this divisionwith respect to acts authorized under the persons license wherethe tribal health program performs the services described in thecontract or compact of the tribal health program under the IndianSelf-Determination and Education Assistance Act (25 USC Sec450 et seq)

(b) For purposes of this section health care practitioner meansany person who engages in acts that are the subject of licensureor regulation under this division or Ml) initiative 8et referred to inthis division the law of any other state

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CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1904

Introduced by Assembly Members Block Butler and Cook

February 222012

An act to add Section 1155 to the Business and Professions Coderelating to professions and vocations and making an appropriationtherefor

LEGISLATIVE COUNSELS DIGEST

AB 1904 as introduced Block Professions and vocations militaryspouses temporary licenses

Existing law provides for the licensure and regulation of variousprofessions and vocations by boards within the Department of ConsumerAffairs Existing law provides for the issuance of reciprocal licenses incertain fields where the applicant among other requirements has alicense to practice within that field in another jurisdiction as specifiedUnder existing law licensing fees imposed by certain boards withinthe department are deposited in funds that are continuously appropriated

This bill would authorize a board within the department to issue atemporary license to an applicant who among other requirements holdsan equivalent license in another jurisdiction as specified and is marriedto or in a legal union with an active duty member of the Armed Forcesofthe United States who is assigned to a duty station in California underofficial active duty military orders The bill would require a board toexpedite the process for issuing these temporary licenses The bill wouldrequire the applicant to pay any fees required by the board and wouldrequire that those fees be deposited in the fund used by the board toadminister its licensing program To the extent that the bill would

99

AB 1904 -2-

increase the amount of money deposited into a continuously appropriatedfund the bill would make an appropriation

Vote majority Appropriation yes Fiscal committee yesState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 1155 is added to the Business and2 Professions Code to read3 1155 (a) A board within the department may issue a4 temporary license to an applicant who meets all of the following5 requirements6 (l) Submits an application in the manner prescribed by the7 board8 (2) Supplies evidence satisfactory to the board that the applicant9 is married to or in a domestic partnership or other legal union

10 with an active duty member of the Armed Forces of the United11 States who is assigned to a duty station in this state under official12 active duty military orders13 (3) Holds a current license in another state district or territory14 of the United States with the requirements that the board determines15 are substantially equivalent to those established under this code16 for that occupation17 (4) Has not committed an act in anyjurisdiction that would have18 constituted grounds for denial suspension or revocation of the19 license under this code at the time the act was committed20 (5) Has not been disciplined by a licensing entity in another21 jurisdiction and is not the subject of an unresolved complaint22 review procedure or disciplinary proceeding conducted by a23 licensing entity in another jurisdiction24 (6) Pays any fees required by the board Those fees shall be25 deposited in the applicable fund or account used by the board to26 administer its licensing program27 (7) Submits fingerprints and any applicable fingerprinting fee28 in the manner required of an applicant for a regular license29 (b) A board shall expedite the procedure for issuing a temporary30 license pursuant to this section31 (c) A temporary license issued under this section shall be valid32 for 180 days except that the license may at the discretion of the

99

-3- AB 1904

I board be extended for an additional180-day period on application2 of the license holder3 (d) A board may adopt regulations necessary to administer this4 section

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AB 1932 Assembly Bill Status

MEASURE AUTHOR(S)TOPICHOUSE+LAST

CURRENT BILL STATUS

AB No 1932Gorell (Coauthor Cook)

United States armed services healing arts boardsLOCATION SENAMENDED DATE 04172012

TYPE OF BILL

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpubI11-12Ibillasmab_1901-1950ab_1932_bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

An act to add Section 7102 to the Business andProfessions Code relating to healing arts

-

AMENDED IN ASSEMBLY APRIL 172012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1932

Introduced by Assembly Member-Ceek Gorell(Coauthor Assembly Member Cook)

February 222012

An act to add Section 7102 to the Business and Professions Coderelating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1932 as amended euroook Gorell United States armed serviceshealing arts boards

Existing law provides for the licensure and regulation of varioushealing arts professions and vocations by boards within the Departmentof Consumer Affairs Existing law requires the rules and regulations ofthese healing arts boards to provide for methods of evaluating educationtraining and experience obtained in military service if such training isapplicable to the requirements of the particular profession or vocationregulated by the board Under existing law the Department of VeteransAffairs has specified powers and duties relating to various programsserving veterans

This bill would require by January 12014 and annually thereafterevery healing arts board to issue a specified written report to theDepartment of Veterans Affairs and the Legislature as specified thatclearly details the methods of evaluating the education training andexperience obtained in military service and whether that educationtraining and experience is applicable to the boards requirements forlicensure The bill would declare the intent of the Legislature in thisregard

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AB 1932 -2-

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 710 of the Business and Professions Code2 was enacted in 1969 and because healing arts boards have not3 demonstrated significant compliance with that section it is the4 intent of the Legislature to establish an annual reporting5 requirement to compel these boards to provide information about6 the methods of evaluating education training and experience7 obtained in military service in order to meet the needs of the8 upcoming wave of armed service members returning to civilian9 life

10 SEC 2 Section 7102 is added to the Business and Professions11 Code to read12 7102 (a) By January 12014 and annually thereafter every13 healing arts board described in this division shall issue a written14 report to the Department of Veterans Affairs and to the Legislature15 that clearly details the methods of evaluating the education16 training and experience obtained in military service and whether17 that education training and experience is applicable to the boards18 requirements for licensure This written report shall include but19 not be limited to quantitative information about the number of20 service members who have applied for and have used their military21 education training and experience to fulfill the boards22 requirements for licensure23 (b) (1) The requirement to submit a report to the Legislature24 under subdivision (a) shall be inoperative on January 1 201825 pursuant to Section 102315 of the Government Code26 (2) A report to the Legislature shall be submitted in compliance27 with Section 9795 of the Government Code

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-11- AB518

the taxpa er (2) the (iireet deposit refund bullbullas not rettlmed to theFranehise Tax Board and (3) the remnd TnaSdeposited direetlyon a speeifled date into the aeeotlftt of an aeeotmtholder of theflnaneial instittttion bullbullho bullbullas not entitled to reeei v e the refttndthen the flnaneial instittttion shall fttntish to the Franehise TaxBoard the name and address ofan eoo w ner eosigtter or an otherperson bullbullho had aeeess to the mnds in the aeeotlttt follo bullbulling thedate ofdiIeet deposit refund or if the aeeotmt has been dosed thename and address of the person bullbullho dosed the aeeOtlftt

(s) This seetion shall beeome operati v e on Jaftttary 1 2013SECTION 1SEC 2 Section 156301 of the Welfare and Institutions Code

is amended to read156301 (a) As used in this section mandated reporter of

suspected financial abuse of an elder or dependent adult meansall officers and employees of financial institutions

(b) As used in this section the term financial institution meansany of the following

(l) A depository institution as defined in Section 3(c) of theFederal Deposit Insurance Act (12 USC Sec 1813(c))

(2) An institution-affiliated party as defined in Section 3(u) ofthe Federal Deposit Insurance Act (12 USC Sec 1813(u))

(3) A federal credit union or state credit union as defined inSection 101 ofthe Federal Credit Union Act (12 USC Sec 1752)including but not limited to an institution-affiliated party of acredit union as defined in Section 206(r) of the Federal CreditUnion Act (12 USc Sec 1786(r))

(c) As used in this section financial abuse has the samemeaning as in Section 1561030

(d) (l) Any mandated reporter of suspected financial abuse ofan elder or dependent adult who has direct contact with the elderor dependent adult or who reviews or approves the elder ordependent adults financial documents records or transactionsin connection with providing financial services with respect to anelder or dependent adult and who within the scope of his or heremployment or professional practice has observed or hasknowledge of an incident that is directly related to the transactionor matter that is within that scope of employment or professionalpractice that reasonably appears to be financial abuse or whoreasonably suspects that abuse based solely on the information

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AB518 -12-

before him or her at the time of reviewing or approving thedocument record or transaction in the case of mandated reporterswho do not have direct contact with the elder or dependent adultshall report the known or suspected instance of financial abuse bytelephone immediately or as soon as practicably possible and bywritten report sent within two working days to the local adultprotective services agency or the local law enforcement agency

(2) When two or more mandated reporters jointly haveknowledge or reasonably suspect that financial abuse of an elderor a dependent adult for which the report is mandated has occurredand when there is an agreement among them the telephone reportmay be made by a member of the reporting team who is selectedby mutual agreement A single report may be made and signed bythe selected member of the reporting team Any member of theteam who has knowledge that the member designated to report hasfailed to do so shall thereafter make that report

(3) If the mandated reporter knows that the elder or dependentadult resides in a long-term care facility as defined in Section1561047 the report shall be made to the local ombudsman or locallaw enforcement agency

(e) An allegation by the elder or dependent adult or any otherperson that financial abuse has occurred is not sufficient to triggerthe reporting requirement under this section if both of the followingconditions are met

(1) The mandated reporter of suspected financial abuse of anelder or dependent adult is aware of no other corroborating orindependent evidence of the alleged financial abuse of an elder ordependent adult The mandated reporter of suspected financialabuse of an elder or dependent adult is not required to investigateany accusations

(2) In the exercise of his or her professional judgment themandated reporter of suspected financial abuse of an elder ordependent adult reasonably believes that financial abuse of anelder or dependent adult did not occur

(f) Failure to report financial abuse under this section shall besubject to a civil penalty not exceeding one thousand dollars($1000) or if the failure to report is willful a civil penalty notexceeding five thousand dollars ($5000) which shall be paid bythe financial institution that is the employer of the mandated

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reporter to the party bringing the action Subdivision (h) of Section15630 shall not apply to violations of this section

(g) (1) The civil penalty provided for in subdivision (f) shallbe recovered only in a civil action brought against the financialinstitution by the Attorney General district attorney or countycounsel No action shall be brought under this section by anyperson other than the Attorney General district attorney or countycounsel Multiple actions for the civil penalty may not be broughtfor the same violation

(2) Nothing in the Financial Elder Abuse Reporting Act of2005shall be construed to limit expand or otherwise modify any civilliability or remedy that may exist under this or any other law

(h) As used in this section suspected financial abuse of anelder or dependent adult occurs when a person who is requiredto report under subdivision (a) observes or has knowledge ofbehavior or unusual circumstances or transactions or a pattern ofbehavior or unusual circumstances or transactions that would leadan individual with like training or experience based on the samefacts to form a reasonable belief that an elder or dependent adultis the victim of financial abuse as defined in Section 1561030

(i) Reports of suspected financial abuse of an elder or dependentadult made by an employee or officer of a financial institutionpursuant to this section are covered under subdivision (b) of Section47 of the Civil Code

SEC 3 Section 15633 of the Welfare and Institutions Codeas amended by Section 5 of Chapter 140 of the Statutes of 2005is amended to read

15633 (a) The reports made pursuant to Sections 15630156301 and 15631 shall be confidential and may be disclosedonly as provided in subdivision (b) Any violation of theconfidentiality required by this chapter is a misdemeanorpunishable by not more than six months in the county jail by afine of five hundred dollars ($500) or by both that fine andimprisonment

(b) Reports of suspected abuse of an elder or dependent adultand information contained therein may be disclosed only to thefollowing

(1) Persons or agencies to whom disclosure of information orthe identity of the reporting party is permitted under Section156335

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AB518 -14-

(2) (A) Persons who are trained and qualified to serve onmultidisciplinary personnel teams may disclose to one anotherinformation and records that are relevant to the preventionidentification or treatment of abuse of elderly or dependentpersons

(B) Except as provided in subparagraph (A) any personnel ofthe multidisciplinary team or agency that receives informationpursuant to this chapter shall be under the same obligations andsubject to the same confidentiality penalties as the persondisclosing or providing that information The information obtainedshall be maintained in a manner that ensures the maximumprotection of privacy and confidentiality rights

(c) This section shall not be construed to allow disclosure ofany reports or records relevant to the reports of abuse of an elderor dependent adult if the disclosure would be prohibited by anyother provisions of state or federal law applicable to the reports orrecords relevant to the reports of the abuse nor shall it be construedto prohibit the disclosure by a financial institution of any reportsor records relevant to the reports of abuse of an elder or dependentadult if the disclosure would be required of a financial institutionby otherwise applicable state or federal law or court order

(d) This seetion shall remain in dIcet on) tmtilJantmry I 2813and as of that date is repealed unless a later enaeted statute thatis enaeted before JMlt1ary12813 deletes or extends that date

SEC 4 Section 15633 of the Welfare and Institutions Codeas added by Section 6 of Chapter 140 of the Statutes of 2005 isrepealed

15633 (a) The leports made ptlrstlMlt to Seetions 15638 and15631 shall be eonndential and may be diselosed on) as pro videdin stlbdivision (b) AIl) violation of the eonfidetttialrt reqtliredbythis ehapter is a misdemeanor ptlnishable bynot more than sixmoftths in the eounry jail b)l a nne ofn Vehundred dollars ($588)or byboth that nne and imprisonment

(b) Reports of stlspeeted elder 01 dependent adttlt abttse andinfenmation eontained therein may be diselosed only to thefollo vving

(1) Persons or ageneies to vvhomdiselostlfe of information orthe identity of the reporting pMty is permitted tlnder Seetion156335

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(2) EA) Persems who Me trftined Md qtlftlified to sene onmtlltidiseiplinftfjf persoflftel teftll1smfty diselose to one Mlotherinfermtttion Md reeords thftt Me relevflnt to the preventionidentifiefttion or trefttment of ftbttse of elderly or dependentpersons

EB) Exeept ftSpro vided in SMpMftgrftph EA) Mly personnel ofthe ftltlltidiseiplinftry teftftl or ftgeney thftt reeeives informfttionptlrstlftnt to this ehflPtel shftH he tinder the sftme ohligfttions ftndsttbjeet to the sftme eonfidentiftlity penftlties ftS the pelsondisdosing or pro viding thftt infermfttion The informfttion ohtftinedshftH he mftintftined in ft ftlftflfter thftt enstlfes the ftlftXimttmproteetion ofprivftey ftnd eonfidentiftlity rights

Ee) This seetion shftH not he eonstftled to ftHo diselostlfe ofMy reports or reeords rde vMit to the reports of elder or dependentftdttlt ftbttse if the disdostlfe votlld he prohibited hy My other110visions of stftte or federftllft bullbull ftppliefthle to the reports or reeordsrele vftnt to the reports of the flbttse

Ed) This seetion shftH heeome operftti ve on Jftntlftry I 2013SEC 5 Section 15634 of the Welfare and Institutions Code

as amended by Section 7 of Chapter 140 of the Statutes of 2005is amended to read

15634 (a) No care custodian clergy member healthpractitioner mandated reporter of suspected financial abuse of anelder or dependent adult or employee of an adult protectiveservices agency or a local law enforcement agency who reports aknown or suspected instance of abuse of an elder or dependentadult shall be civilly or criminally liable for any report requiredor authorized by this article Any other person reporting a knownor suspected instance of abuse of an elder or dependent adult shallnot incur civil or criminal liability as a result of any reportauthorized by this article unless it can be proven that a false reportwas made and the person knew that the report was false No personrequired to make a report pursuant to this article or any persontaking photographs at his or her discretion shall incur any civil orcriminal liability for taking photographs of a suspected victim ofabuse of an elder or dependent adult or causing photographs to betaken of such a suspected victim or for disseminating thephotographs with the reports required by this article Howeverthis section shall not be construed to grant immunity from thisliability with respect to any other use of the photographs

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(b) No care custodian clergy member health practitionermandated reporter of suspected financial abuse of an elder ordependent adult or employee of an adult protective services agencyor a local law enforcement agency who pursuant to a request froman adult protective services agency or a local law enforcementagency investigating a report of known or suspected abuse of anelder or dependent adult provides the requesting agency withaccess to the victim of a known or suspected instance of abuse ofan elder or dependent adult shall incur civil or criminal liabilityas a result of providing that access

(c) The Legislature finds that even though it has providedimmunity from liability to persons required to report abuse of anelder or dependent adult immunity does not eliminate thepossibility that actions may be brought against those persons basedupon required reports of abuse In order to further limit the financialhardship that those persons may incur as a result of fulfilling theirlegal responsibilities it is necessary that they not be unfairlyburdened by legal fees incurred in defending those actionsTherefore a care custodian clergy member health practitioneror an employee of an adult protective services agency or a locallaw enforcement agency may present to the StMe B6Md 6pound C6ntr61California Victim Compensation and Government Claims Boarda claim for reasonable fttt6meys attorneys fees incurred in anyaction against that person on the basis of making a report requiredor authorized by this article if the court has dismissed the actionupon a demurrer or motion for summary judgment made by thatperson or if he or she prevails in the action The StMe B6ftrd 6fC6ntr61 California Victim Compensation and Government ClaimsBoard shall allow that claim if the requirements ofthis subdivisionare met and the claim shall be paid from an appropriation to bemade for that purpose Att6mey s Attorneys fees awarded pursuantto this section shall not exceed an hourly rate greater than the ratecharged by the Attorney General at the time the award is madeand shall not exceed an aggregate amount of fifty thousand dollars($50000) This subdivision shall not apply if a public entity hasprovided for the defense of the action pursuant to Section 995 ofthe Government Code

(d) This seeti6n shftll remftin in dfeet 6ttly tmtil J8fttlfll)1 2013ftnd ftS6pound thftt dMe is repeftled wIess ft IMer enfteted stMute thMis en8eted before Jftftt18ry12013 deletes 6r extends thM dMe

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SEC 6 Section 15634 of the Welfare and Institutions Codeas amended by Section 711 ojChapter 538 of the Statutes oj2006is repealed

15634 eft) No eMe etlstodimt ele~ member hea-lthpraetitioner or employee of an adttlt proteeti-ve serviees ageneyor a loeal larn enforeement ageney who reports a lrnown orsttspeeted instanee of elder or dependent adtllt abtlse shaHbe eiviHyor eriminalry liable for any report reqttired or attthorizedby thisartiele Any other peIson reporting a lrnOWfior stlspeeted instaneeof elder or dependeItt adttIt abtlse shall not inettr ei vil or eriminalliability as a restllt of any report attthorizedby this artiele ttnlessit ean be pro ven that a false report was made and the person knewthat the report vvasrelse gteJoperson reqtlired to make a reportptlrstlant to this artiele or any person taking photographs at his orher diseretion shall inettr any eivii or eriminalliability fer takingphotographs of a stlspeeted vietim of elder or dependent adtlltabtlse or eattsing photographs to be taken of the stlspeeted vietimor fOIdisseminating the photographs with the reports reqtlired bythis artiele However this seetion shall not be eonstmed to gIantimmttnity from this liability vvithrespeet to any other tlse of thephotographs

(b) No eMe etlstodian el~ member health praetitioner oremployee of an adtlIt proteetive seniees ageney or a loea-l lawenfereemeItt ageney who pttrsttant to a reqtlest from an adttltproteeti-ie seniees ageney or a loeal lavI enforeemeItt ageneyinvestigating a report of lrnOViftor stlspeeted elder or dependentadtllt abtlse proides the reqtlesting ageney with aeeess to thevietim of a lrnovvnor stlspeeted instanee of elder or dependeIttadttlt abtlse shall inettr eiviI or eriminal liability as a restlIt ofpro viding that aeeess

ee) The Legislatttre finds that even thOtlgh it has pIOvidedimmtlnity from liability to peIsons reqtlired to report elder ordependent mit abttse immtlIlity does not eliminate the possibilitythat aetions may be brotlght agamst those persons based tlJ0nreqtlired reports of abtlse In order to fttrther limit the finaneialhardship that those persons may inettr as a resttIt offttlfilling theirlegal responsibilities it is neeessary that they not be tlftreirlybttrdened by legal fees inetlffed in defending those aetionsTherefore a eMeetlstodian ele~ member health praetitioneror employee ofan adttlt proteetive seniees ageney or a loeallffi7t

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enfOieement agene)l ma) present to the CalifeJmia VietimCempensatien and Geemment Claims BeMd a elaim feJrreasenable atteme)s fees inetJifedin any aetien agffinstthat persenen the basis efmMcinga repert reqtlired er attth6rizedb)l this Mtieleif the eeM has dismissed the aetien t1pen a demtlffer el metienfur sttmillM)lj tldgment made b that persen el ifhe er she preailsin the aetien The Califumia Vietim Cempensatien andGeemment Claims Beard shall allew that ehtim if thereqtlirements ef this sttbdi isien Me met and the elaim shall bepaid fl6man fllprepriatien te be made fur that ptllpese Atteme) sfees aarded ptliStlMltto this seetien shall net exeeedan hetlilyrate greater than the late eharged b the Attemey General at thetime the aard is made and sh8llnet exeeedan aggregate amettllteffitty thetlsanBdellMs ($50000) This sttbdF isien shall net applyif a pttblie enti) has pmbullided fer the defense ef the aetien ptlistlantte Seetien 995 ef the Ge emment Cede

(6) This seetien shall beeeme eperatie en JMttlM)12013SEC 7 Section 15640 of the Welfare and Institutions Code

as amended by Section 9 of Chapter 140 of the Statutes of2005is amended to read

15640 (a) (1) An adult protective services agency shallimmediately or as soon as practically possible report by telephoneto the law enforcement agency having jurisdiction over the caseany known or suspected instance of criminal activity and to anypublic agency given responsibility for investigation in thatjurisdiction of cases of elder and dependent adult abuse everyknown or suspected instance of abuse pursuant to Section 15630or 156301 of an elder or dependent adult A county adult protectiveservices agency shall also send a written report thereof within twoworking days of receiving the information concerning the incidentto each agency to which it is required to make a telephone reportunder this subdivision Prior to making any cross-report ofallegations of financial abuse to law enforcement agencies anadult protective services agency shall first determine whether thereis reasonable suspicion of any criminal activity

(2) If an adult protective services agency receives a report ofabuse alleged to have occurred in a long-term care facility thatadult protective services agency shall immediately inform theperson making the report that he or she is required to make thereport to the long-term care ombudsman program or to a local law

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enforcement agency The adult protective services agency shallnot accept the report by telephone but shall forward any writtenreport received to the long-term care ombudsman

(b) If an adult protective services agency or local lawenforcement agency or ombudsman program receiving a report ofknown or suspected elder or dependent adult abuse determinespursuant to its investigation that the abuse is being committed bya health practitioner licensed under Division 2 (commencing withSection 500) of the Business and Professions Code or any relatedinitiative act or by a person purporting to be a licensee the adultprotective services agency or local law enforcement agency orombudsman program shall immediately or as soon as practicallypossible report this information to the appropriate licensingagency The licensing agency shall investigate the report in lightof the potential for physical harm The transmittal of informationto the appropriate licensing agency shall not relieve the adultprotective services agency or local law enforcement agency orombudsman program of the responsibility to continue its owninvestigation as required under applicable provisions of law Theinformation reported pursuant to this paragraph shall remainconfidential and shall not be disclosed

(c) A local law enforcement agency shall immediately or assoon as practically possible report by telephone to the long-termcare ombudsman program when the abuse is alleged to haveoccurred in a long-term care facility or to the county adultprotective services agency when it is alleged to have occurredanywhere else and to the agency given responsibility for theinvestigation of cases of elder and dependent adult abuse everyknown or suspected instance of abuse of an elder or dependentadult A local law enforcement agency shall also send a writtenreport thereof within two working days of receiving the informationconcerning the incident to any agency to which it is required tomake a telephone report under this subdivision

(d) A long-term care ombudsman coordinator may report theinstance of abuse to the county adult protective services agencyor to the local law enforcement agency for assistance in theinvestigation of the abuse if the victim gives his or her consent Along-term care ombudsman program and the Licensing andCertification Division ofthe State Department ofIIealth SeI ieesPublic Health shall immediately report by telephone and in writing

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AB518 -20-

1 within two working days to the bureau any instance of neglect2 occurring in a health care facility that has seriously harmed any3 patient or reasonably appears to present a serious threat to the4 health or physical well-being of a patient in that facility If a victim5 or potential victim of the neglect withholds consent to being6 identified in that report the report shall contain circumstantial7 information about the neglect but shall not identify that victim or8 potential victim and the bureau and the reporting agency shall9 maintain the confidentiality of the report until the report becomes

lOa matter of public record11 (e) When a county adult protective services agency a long-term12 care ombudsman program or a local law enforcement agency13 receives a report of abuse neglect or abandonment of an elder or14 dependent adult alleged to have occurred in a long-term care15 facility that county adult protective services agency long-term16 care ombudsman coordinator or local law enforcement agency17 shall report the incident to the licensing agency by telephone as18 soon as possible19 (f) County adult protective services agencies long-term care20 ombudsman programs and local law enforcement agencies shall21 report the results of their investigations of referrals or reports of22 abuse to the respective referring or reporting agencies23 Eg) This seeti6n shall remain in dIcet 6ny tlfttilJ~ 1201324 and as 6f that date is repealed unless a later enaeted stMttte that25 is enaeted bef6re Janttary 12013 deletes 6r extends that date26 SEC 8 Section 15640 of the Welfare and Institutions Code27 as added by Section 10 of Chapter 140 of the Statutes of 2005 is28 repealed 29 15640 Ea) E1) An adult pr6teeti e sen iees ageney shall30 immediate) 6r as S66nas praetieal) p6ssible rep6rt 0 te1eph6ne31 t6 the la~ enf6reement ageney haing jttrisdieti6n 6er the ease32 an kntMfl6r suspeeted instanee 6f eriminal aeth it) and t6 any33 pttblie agene gien resp6nsibilit) f6r illestigMi6n in that34 jurisdieti6n 6f eases 6f elder and dependent adttlt abuse eery35 kfl6n6r suspeeted instanee 6f aetlse purstlant t6 Seeti6n 1563036 6f an elder 6r dependent adttlt A e6t11ltyadttlt pr6teeti e sen iees37 ageney shall als6 send a TV ritten rep6rt there6f Vv ithin ti 6 V 6rking38 days 6f reeeiving the inwrmati6n e6neeming the ineident t6 eaeh39 ageney t6 vv hieh it is reqtlired t6 make a teleph6ne Iep6rt tlftder40 this subdiisi6n Pri6r t6 making an er6SSIep6rt 6f allegati6ns

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offilumeial abttse to lavvenforeemertt a-geneiesMladult proteetFesen iees agene) shaH first determine whether there is reasonablesuspieion of tmJ eriminM aeti vit

(2) If an adult proteeti ve sen iees agene) reeei ves a report ofabttse alleged to ha ve oeettlTed in a long teml eare faeilit) thatadttlt proteeti ve sen iees ageney shall immediate) infoml theperson making the report that he or she is required to make thereport to the long term eare ombttdsman program 01 to aloeallawenforeemertt a-geneyThe adttlt proteeti ve sen iees agene) shallnot aeeept the report b) telephone btlt shall fonvMd flit) vvTittenreport leeehed to the long teml eare ornbtldsman

(b) If an adtllt proteetive seniees ageney or loeal lawenforeement agene) or ornbtldsman program reeei vinga report ofkftovm or stlspeeted elder or dependent adttlt MtlSe determinespttrstlartt to its inYestigationthat the flbttseis being eommitted bya health 11aetitioner lieensed tlftder Division 2 (eonJffieneingwithSeetion 500) of the Btlsiness flftdProfessions Code or flit) lelatedinitiatiye aet or by a person ptlrporting to be a lieensee the adtlltproteetive seniees a-gene) or loeallaw enforeement agene) orombttdsman program shall immediate) or as soon as praetieall)possible report this mformation to the appropriate lieensingagene) The lieensing agene) shall investigate the report in lightof the poterttial fur ph) sieal hamlThe trMlsmittfllof informationto the appropriate lieensing agene) shall not relieve the adtlltproteethe serviees agene) or loeallaw enforeement agene) orornbtldsmflft program of the responsibility to eorttinue its 0~vninvestigation as reqttired tlftder applieable provisions of law Theinformation reported pttrstlant to this paragraph shall remaineoniiderttial flItdshfl11not be diselosed

(e) A loealla bullbull enforeement agefte) shall immediate) or assoon as praetieal) possible report b) telephone to the long termeare ombtldsman program bullbullhen the abtlse is alleged to haveoeetllTed in a long term eare faeilit) or to the eotlnt) adttltproteetive seniees agene) bullbullhen it is alleged to have oeeUlfedan) vvhere else flftd to the agene) gh en responsibilit) for theinvestigation of eases of elder and dependent adttlt abtlse everykftovm or stlspeeted instflftee of MtlSe of an elder or dependerttadttlt A loeallaw enforeement ageney shall also send a Ylfittenreport thereof bullbullithin ftv0 vvorking dfl)s ofreeei ving the infomlation

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eoneeming the ineident to an agenC) to vvhieh it is reqtlired toftutke a telephone report tlIlderthis stlbdh ision

Ed) A long tenn eare ombttdsman eoordinator mll) report theinstlllleeof abtlse to the eot1llryadttlt proteetive seniees ageneyor to the loeal la bullbull enforeement agenC) for assistlllleein theinvestigationof the abttse if the vietim gives his or her eonsent Along tenn eMe ombtldsmllllprogram llIldthe Lieensing llIldCertifieation Division of the State DepMtment ofIIealth Senieesshall immediately report b telephone llIldin vvriting vvithin hiv0tv orkingdll) s to the bm eatl an instlllleeof negleet oeet1ffingin ahealth eare faeiliry that has seriotlsl hMmed an patient orreasonably appeMs to present a seriotls threat to the health orph sieal vvell being of a patient in that ffteiliry If a J ietim orpotential TV ietim of the neglect vithholds eonsent to being identifiedin that report the report shall eontain eirettmstlllltialinformationabom the negleet bm shall not identif) that vietim or potentialvietim and the bttreatl llIldthe reporting agenC) shall maintain theeoniidentialiry of the report tlntil the report beeomes a matter ofptlblie reeord

Ee) hen a eotlllryadttlt proteeti ve sen iees agenC) a long termeare ombtldsman program or a loeal la enforeement ageneyreeeives a report ofabttse negleet or ablllldonmentofllllelder ordependent adttlt alleged to have oeet1ffedin a long term earefaeiliry that eotlnty adtllt proteeti ve sen iees agenC) long termeare ombtldsmlllleoordinator or loeallavv enforeement ageneyshall report the ineident to the lieensing agene b telephone assoon as possible

ED COtl1lt)adtllt proteetive seniees ageneies long term eareombttdsman programs and 10ea1lavvenforeement ageneies shallreport the restllts of their investigations of referrals or reports ofabtlse to the respeetive referring or reporting ageneies

Eg) This seetion shall beeome operative on JllIlt1flry12013SEC 9 Section 156555 of the Welfare and Institutions Code

as amended by Section 11 of Chapter 140 of the Statutes of 2005is amended to read

156555 A county adult protective services agency shallprovide the organizations listed in paragraphs (v) (w) and (x) ofSection 1561017 and mandated reporters of suspected financialabuse of an elder or dependent adult pursuant to Section 156301with instructional materials regarding abuse and neglect of an elder

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1 or dependent adult and their obligation to report under this chapter2 At a minimum the instructional materials shall include the3 following4 (a) An explanation of abuse and neglect of an elder or dependent

adult as defined in this chapter6 (b) Information on how to recognize potential abuse and neglect7 of an elder or dependent adult8 (c) Information on how the county adult protective services9 agency investigates reports of known or suspected abuse and

neglect11 (d) Instructions on how to report known or suspected incidents12 of abuse and neglect including the appropriate telephone numbers13 to call and what types of information would assist the county adult14 protective services agency with its investigation of the report

(e) This seetion shall remain in eifcet only tlfttil Jflfttlttry 1 201316 and as of that date is repealed tmless a later enaeted stattlte that17 is enaeted before Jafttlttry 12013 deletes or extends that date18 SEC 10 Section 156555 of the Welfareand Institutions Code19 as amended by Section 712 of Chapter 538 of the Statutes of2006

is repealed21 156555 A eottftt) achtlt proteetive serviees agene) shall22 pmvide the organi2ations listed in paragraphs (v) (vv) and Ex) of23 Seetion 1561017 with instItletional materials regarding elder and24 dependent achtlt abtlse and negleet and their obligation to report

under this ehapter At a minimum the instruetional materials shall26 inelude the follovving27 (a) An explanation of elder and dependent achtlt abuse and28 negleet as defined in this ehapter29 (b) Information on how to reeogni2e potential elder and

dependent achtlt abuse and negleet31 (e) Information on ho vIthe eottftt) achtlt proteeti ve serv iees32 agene) investigates reports of knovm or suspeeted abuse and33 negleet34 (d) Instmetions on hovv to report ]movvn or suspeeted ineidents

of abuse and negleet ineltlding the appropriate telephone llt11llbers36 to eall and what rypes of information vvould assist the eount) adult37 proteetirv e sen iees agene) with its in (estigation of the report38 (e) This seetion shall beeome operati e on January I 20 13

o

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AB 608 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 608Pan

Health care coverage telemedicine

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to health care

httpwww1eginfocagovpubII-12Ibillasmab_0601-0650ab _608_ bill_ 20120201_status 652012

-

AB 783 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 783AUTHOR(S) HayashiTOPIC Professional corporations licensed physical therapists

and occupational therapists+LAST AMENDED DATE 04072011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

COMMCOMMCOMM

HIST ACT DATEHIST ACTION

From committeeRule 62(a)

LOCATION SENACTION DATEACTION

06282011In committee Set second hearing Failed passagewithout further action pursuant to Joint

LASTLAST

BUSINESS PROFESSIONS AND ECONOMIC DEVELOPMENT06272011

Set second hearing Failed passage in Committee

TITLE An act to amend Section 2406 of the Business andProfessions Code and to amend Section 134015 of theCorporations Code relating to professional corporations

httpwwwleginfocagovpub11-12billasmab_0751-0800ab_783_bill_20111115_status 652012

-

AMENDED IN ASSEMBLY APRIL 7 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 783

Introduced by Assembly Member Hayashi

February 172011

An act to amend Section 2406 of the Business and Professions Codeand to amend Section 134015 of the Corporations Code relating toprofcssiemal eorporations and deelaring the mgeney thereof to tttkeeffeet immediatelyprofessional corporations

LEGISLATIVE COUNSELS DIGEST

AB 783 as amended Hayashi Professional corporations licensedphysical therapists and occupational therapists

Existing law regulating professional corporations provides that certainhealing arts practitioners may be shareholders officers directors orprofessional employees of a medical corporation-er-a podiatric medicalcorporation or a chiropractic corporation subject to certain limitations

This bill would add licensed physical therapists and licensedoccupational therapists to the list of healing arts practitioners who maybe shareholders officers directors or professional employees of thosecorporations The bill would also make conforming changes to a relatedprovision

This bill vv otlld deelare that it is to take etteet immediately as anmgeney statttte

Vote -majority Appropriation no Fiscal committee noState-mandated local program no

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Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 2406 of the Business and Professions2 Code is amended to read3 2406 A medical corporation or podiatry corporation is a4 corporation that is authorized to render professional services as

defined in Sections 13401 and 134015 ofthe Corporations Code6 so long as that corporation and its shareholders officers directors7 and employees rendering professional services who are physicians8 and surgeons psychologists registered nurses optometrists9 podiatrists chiropractors acupuncturists naturopathic doctors

physical therapists or in the case of a medical corporation only11 physician assistants marriage and family therapists or clinical12 social workers are in compliance with the Moscone-Knox13 Professional Corporation Act the provisions of this article and all14 other statutes and regulations now or hereafter enacted or adopted

pertaining to the corporation and the conduct of its affairs16 With respect to a medical corporation or podiatry corporation17 the governmental agency referred to in the Moscone-Knox18 Professional Corporation Act is the board19 SEC 2 Section 134015 of the Corporations Code is amended

to read21 134015 Notwithstanding subdivision (d) of Section 1340122 and any other provision of law the following licensed persons23 may be shareholders officers directors or professional employees24 of the professional corporations designated in this section so long

as the sum of all shares owned by those licensed persons does not26 exceed 49 percent ofthe total number of shares of the professional27 corporation so designated herein and so long as the number of28 those licensed persons owning shares in the professional29 corporation so designated herein does not exceed the number of

persons licensed by the governmental agency regulating the31 designated professional corporation32 (a) Medical corporation33 (1) Licensed doctors of podiatric medicine34 (2) Licensed psychologists

(3) Registered nurses36 (4) Licensed optometrists37 (5) Licensed marriage and family therapists38 (6) Licensed clinical social workers

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-3-

(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists(10) Naturopathic doctors(11) Licensed physical therapists(12)Licensed occupational therapists(b) Podiatric medical corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed optometrists(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(8) Licensed physical therapists(9) Licensed occupational therapists(c) Psychological corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Registered nurses(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed chiropractors(8) Licensed acupuncturists(9) Naturopathic doctors(d) Speech-language pathology corporation(1) Licensed audiologists(e) Audiology corporation(1) Licensed speech-language pathologists(t) Nursing corporation(l) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists

AB783

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AB783 -4-

(10) Naturopathic doctors(g) Marriage and family therapy corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed clinical social workers(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(h) Licensed clinical social worker corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed marriage and family therapists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(i) Physician assistants corporation(1) Licensed physicians and surgeons(2) Registered nurses(3) Licensed acupuncturists(4) Naturopathic doctorsG) Optometric corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(k) Chiropractic corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed acupuncturists(9) Naturopathic doctors

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-5- AB783

(10) Licensed physical therapists(11) Licensed occupational therapists(l) Acupuncture corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed physician assistants(9) Licensed chiropractors(10) Naturopathic doctors(m) Naturopathic doctor corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed physician assistants(5) Licensed chiropractors(6) Licensed acupuncturists(7) Licensed physical therapists(8) Licensed doctors of podiatric medicine(9) Licensed marriage family and child counselors(10) Licensed clinical social workers(11) Licensed optometrists(n) Dental corporation(1) Licensed physicians and surgeons(2) Dental assistants(3) Registered dental assistants(4) Registered dental assistants in extended functions(5) Registered dental hygienists(6) Registered dental hygienists in extended functions(7) Registered dental hygienists in alternative practiceSEC 3 This aet is Ml ttrgene statttte neeessary for the

immediatepresenation of the ptlblie peaee hettlihor saferyvvithinthe meMling of Miele IV of the Constittttion Mld shaHgo intoimmediate effeet The fftets eonstitttting the neeessiry Me

In order to 8t1thorizelieensed physieal therapists to beshareholders offieers mreetors or professional employees of

98

AD7S3 -6-

1 memeal eorpofatiofts andpodiatrie medieal eorpofatiofts as soOft2 as possible it is fteeessary that this aet tftke dIeet immediately

o

98

AB 800 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 800Huber

Boards and commissions time reporting

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to add Section 1156410 to the Government Coderelating to boards and commissions

httpwwwleginfocagovpubI11-12billasmlab_0751-0800ab _800_ bill_20120201_status 652012

-

AB 958 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 958Bill Berryhill

Regulatory boards limitations periods

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to Art IV Sec 10(e) of theFrom committee Filed with the Chiefto Joint Rule 56BUSINESS PROFESSIONS AND CONSUMER PROTECTION

TITLE An act to add Section 1105 to and to repeal Sections16702 22305 296005 3137 375051 498205499032 5561 5661 76865 988420 and 98898 of theBusiness and Professions Code relating to regulatoryboards

httpwwwleginfocagovpub11-12lbillasmlab_0951-1 OOOab_958 _bill_ 20120202_ status 652012

AB 1003 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 1003Smyth

Professional and vocational licenses

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to professional and vocational licenses

httpwwwleginfocagovpubll-12Ibillasmlab_l00l-l 050ab_1003 _bill_2012020 I_statu 652012

-

AB 1205 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1205AUTHOR(S) Bill BerryhillTOPIC Licensed behavior analysts+LAST AMENDED DATE 04042011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to amend Section 499018 of and to add Chapter52 (commencing with Section 252971) to Division 2 ofthe Business and Professions Code relating to healingarts

httpwwwleginfocagovpub11-12billasmab _120 1-1250ab_1205 _bill_20 120201_statu 652012

AB 1435 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1435AUTHOR(S) Dickinson (Coauthors Alejo Buchanan and Hill) TOPIC Child abuse reporting athletic personnelHOUSE LOCATION SEN+LAST AMENDED DATE OS252012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredState-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS for

LASTLAST

APPROPRIATIONSOS252012

Do pass as amendedAyes 17 Noes OOPASS

TITLE An act to amend Section 111657 of the Penal Coderelating to child abuse reporting

httpwww1eginfocagovpub11-12lbiIVasmab_140 1-1450ab _1435 _bill~0120601_statu 652012

AMENDED IN ASSEMBLY MAY 25 2012

AMENDED IN ASSEMBLY MARCH 21 2012

AMENDED IN ASSEMBLY MARCH 142012

AMENDED IN ASSEMBLY FEBRUARY 29 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1435

Introduced by Assembly Member Dickinson(Coauthors Assembly Members Alejo Buchanan and Hill)

January 4 2012

An act to amend Section 111657 of the Penal Code relating to childabuse reporting

LEGISLATIVE COUNSELS DIGEST

AB 1435 as amended Dickinson Child abuse reporting athleticpersonnel

Existing law the Child Abuse and Neglect Reporting Act requiresa mandated reporter as defined to report whenever he or she in his orher professional capacity or within the scope of his or her employmenthas knowledge of or observed a child whom the mandated reporterknows or reasonably suspects has been the victim of child abuse orneglect Failure to report an incident is a crime punishable byimprisonment in a county jail for a period of up to 6 months a fine ofup to $1000 or by both that imprisonment and fine

This bill would add athletic coaches athletic administrators andathletic directors employed by a public or private organization to thelist of individuals who are mandated reporters The bill otlld reqtlirean ptlblie or pri v ate orgflftizationernplo ing flftathletieeoaen Mhletie

95

~

AB 1435 -2-

ftdministrator or Mhletie direetor to hftve provided initiftl trftining byJflfttlM) I 2014 on speeified mfttters relMing to ehiM a-bttse ftftdnegleetfor those employees On ftftd ftfter lftnuftry 12014 the bill vvottld reeJtlireinitiftl trftining to be pro vided IV ithin 6 months of the dMe ftn indi vidttftlbeeomes employed in thM eftlfteiry The bill vvouM require theseindividuftls to eomplete eontifttling tminmg every 2 yeMs

By imposing the reporting requirements on a new class of personsfor whom failure to report specified conduct is a crime ftftdby imposingne~ trftining reeJtlirements on publie oIgftfiiZMions ineluding loeftlgOvernment entities this bill would impose a state-mandated localprogram

The Cftlifomift Constittltion reqtlires the stMe to reimbtlfse loeftlftgeneies ftnd sehool distriets for eertftin eosts mftftdMed by the stftteStftttltory pItYvisions esffiblish proeedtlfes for mftkffigthftt reimbtlfsement

This bill hould pro vide thM 4vith regMd to eertftin mftftdfttes noIeimbtlfsement is reeJtlired by this ftet for ft speeified reftson

Vith regftM to ftny other mftndMeS this bill vv0tlM pro vide thM if theCommission on StMe ~bndtltes determines thM the bill eontftins eostsso mftndftted by the stftte reimbttIsement for those eosts shftll be mftdeptlfStlftnt to the stftttltory pro visions noted ttbo ve

The California Constitution requires the state to reimburse localagencies and school districts for certain costs mandated by the stateStatutory provisions establish procedures for making thatreimbursement

This bill would provide that no reimbursement is required by this actfor a specified reason

Vote majority Appropriation no Fiscal committee yesState-mandated local program yes

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 111657 of the Penal Code is amended2 to read3 111657 (a) As used in this article mandated reporter is4 defined as any of the following5 (1) A teacher6 (2) An instructional aide7 (3) A teachers aide or teachers assistant employed by any8 public or private schooL9 (4) A classified employee of any public schooL

95

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5

10

15

20

25

30

35

40

-3- AB 1435

1 (5) An administrative officer or supervisor of child welfare and2 attendance or a certificated pupil personnel employee of any public3 or private school4 (6) An administrator of a public or private day camp

(7) An administrator or employee of a public or private youth6 center youth recreation program or youth organization7 (8) An administrator or employee of a public or private8 organization whose duties require direct contact and supervision9 of children

(9) Any employee of a county office of education or the State11 Department of Education whose duties bring the employee into12 contact with children on a regular basis13 (10) A licensee an administrator or an employee of a licensed14 community care or child day care facility

(11) A Head Start program teacher16 (12) A licensing worker or licensing evaluator employed by a17 licensing agency as defined in Section 111651118 (13) A public assistance worker19 (14) An employee of a child care institution including but not

limited to foster parents group home personnel and personnel of21 residential care facilities22 (15) A social worker probation officer or parole officer23 (16) An employee of a school district police or security24 department

(17) Any person who is an administrator or presenter of or a26 counselor in a child abuse prevention program in any public or27 private school28 (18) A district attorney investigator inspector or local child29 support agency caseworker unless the investigator inspector or

caseworker is working with an attorney appointed pursuant to31 Section 317 of the Welfare and Institutions Code to represent a32 mmor33 (19) A peace officer as defined in Chapter 45 (commencing34 with Section 830) of Title 3 of Part 2 who is not otherwise

described in this section36 (20) A firefighter except for volunteer firefighters37 (21) A physician and surgeon psychiatrist psychologist dentist38 resident intern podiatrist chiropractor licensed nurse dental39 hygienist optometrist marriage and family therapist clinical social

worker professional clinical counselor or any other person who

95

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101112131415161718192021222324252627282930313233343536373839

AB 1435 -4-

is currently licensed under Division 2 (commencing with Section500) of the Business and Professions Code

(22) Any emergency medical technician I or II paramedic orother person certified pursuant to Division 25 (commencing withSection 1797) of the Health and Safety Code

(23) A psychological assistant registered pursuant to Section2913 of the Business and Professions Code

(24) A marriage and family therapist trainee as defined insubdivision (c) of Section 498003 of the Business and ProfessionsCode

(25) An unlicensed marriage and family therapist internregistered under Section 498044 of the Business and ProfessionsCode

(26) A state or county public health employee who treats a minorfor venereal disease or any other condition

(27) A coroner(28) A medical examiner or any other person who performs

autopsies(29) A commercial film and photographic print processor as

specified in subdivision (e) of Section 11166 As used in thisarticle commercial film and photographic print processor meansany person who develops exposed photographic film into negativesslides or prints or who makes prints from negatives or slides forcompensation The term includes any employee of such a personit does not include a person who develops film or makes prints fora public agency

(30) A child visitation monitor As used in this article childvisitation monitor means any person who for financialcompensation acts as monitor of a visit between a child and anyother person when the monitoring of that visit has been orderedby a court of law

(31) An animal control officer or humane society officer Forthe purposes ofthis article the following terms have the followingmeanings

(A) Animal control officer means any person employed by acity county or city and county for the purpose of enforcing animalcontrol laws or regulations

(B) Humane society officer means any person appointed oremployed by a public or private entity as a humane officer who is

95

123456789

10111213141516171819202122232425262728293031323334353637383940

-5- AB 1435

qualified pursuant to Section 14502 or 14503 of the CorporationsCode

(32) A clergy member as specified in subdivision (d) of Section11166 As used in this article clergy member means a priestminister rabbi religious practitioner or similar functionary of achurch temple or recognized denomination or organization

(33) Any custodian of records of a clergy member as specifiedin this section and subdivision (d) of Section 11166

(34) Any employee of any police department county sheriffsdepartment county probation department or county welfaredepartment

(35) An employee or volunteer of a Court Appointed SpecialAdvocate program as defined in Rule 1424 ofthe California Rulesof Court

(36) A custodial officer as defined in Section 8315(37) Any person providing services to a minor child under

Section 12300 or 123001 of the Welfare and Institutions Code(38) An alcohol and drug counselor As used in this article an

alcohol and drug counselor is a person providing counselingtherapy or other clinical services for a state licensed or certifieddrug alcohol or drug and alcohol treatment program Howeveralcohol or drug abuse or both alcohol and drug abuse is not inand of itself a sufficient basis for reporting child abuse or neglect

(39) A clinical counselor trainee as defined in subdivision (g)of Section 499912 of the Business and Professions Code

(40) A clinical counselor intern registered under Section 499942of the Business and Professions Code

(41) An athletic coach athletic administrator or athletic directoremployed by a public or private organization including but notlimited to schools and instittttions of higher e6ueation thatprovidekindergarten or any of grades 1 to 12 inclusive

(b) Except as provided in paragraph (35) of subdivision (a)volunteers of public or private organizations whose duties requiredirect contact with and supervision of children are not mandatedreporters but are encouraged to obtain training in the identificationand reporting of child abuse and neglect and are further encouragedto report known or suspected instances of child abuse or neglectto an agency specified in Section 111659

(c) Employers are strongly encouraged to provide theiremployees who are mandated reporters with training in the duties

95

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101112131415161718192021222324252627282930313233343536373839

AB 1435 -6-

imposed by this article This training shall include training in childabuse and neglect identification and training in child abuse andneglect reporting Whether or not employers provide theiremployees with training in child abuse and neglect identificationand reporting the employers shall provide their employees whoare mandated reporters with the statement required pursuant tosubdivision (a) of Section 111665

(d) School districts that do not train their employees specifiedin subdivision (a) in the duties of mandated reporters under thechild abuse reporting laws shall report to the State Department ofEducation the reasons why this training is not provided

(e) Unless otherwise specifically provided the absence oftraining shall not excuse a mandated reporter from the dutiesimposed by this article

(f) Public and private organizations are encouraged to providetheir volunteers whose duties require direct contact with andsupervision of children with training in the identification andreporting of child abuse and neglect

(g) (1) On 6r befure Jttmtary 1 2014 ttll) pttblie 6r privflie6rganizttti6ftemp16ing ttft Mhletie e6tteh Mhletie ttdmimstrltt6r6r Mhletie direet6r ttSspeeified ift pMttgrttph (41) 6f sttbdivisi6ft(tt) shttll pr6 vide iftitittl trttining f6r th6se empl~ ees 6n thefull6vvingmtttters

(A) The identifiettti6n 6f ehild ttbttse ttnd negleet(D) Aeti vities thttt e6ftstitttte inltppr6prittte ttftd illegttl e6ntttet

betiveen tt 6tlth ltftd ltft ttthietie e6tteh Mhletie ttdmiftistrttt6r 6rttthietie direet6r

(6) The resp6nsibilities 6f tt pers6n identified lIStt mttndfliedrep6rter in this seeti6n ineIttding btl ft6t limited t6 ttll 6f thefull6 vving

(i) T6 ~h6m tt rep6rt is reqtlired t6 be mttde(ii) The inf6rmttti6n thttt is reqttired t6 be ifte1ttdedin tt rep6rt(iii) The time vvithiftvvhieha mandated rep6rter is reqttired t6

file tt rep6rt(2) Initittl training shall be pr6vided b perS6ftSkn6vvledgeltble

ift the identifiettti6n 6fehild aettse ttnd negleet inltppf6prittte ltftdillegal e6ntaet bem eena 6ttth and ltftadttIt ltftdstatttt6ry rep6rtingreqttiremeftts ltftdshttll e6nsist 6ftw6 h6ttrs 6felassr66m 6r 6therinteraetive trainiftg ltftdedttettti6n

95

-7- AB 1435

1 (h) Commeneing on fmd aftel Jfmtlftry12014 fmofgfmization2 speeified in sttbdivision (g) shaHpro ide initial training within six3 months of the date that fm individtutl beeomes empleryed as an4 Mhletie eoaeh athletie administrator or athletie direetor ttnless5 the indi idttal reeei ed training Hithin tw0 years prior to the date6 the indi idtlal is empleryed An Mhletie eoaeh athletie7 administrator or athletie direetor Hho has leeeied initial training8 ptlfStlafttto sttbdiision (g) shall eomplete eontifttling training9 thereafter onee eery two years eonsisting of one hottf of

10 elassroom or other interaeti e training fmd edtteation11 SEC 2 No reimbtlrsement is reqtlired by this aet pttfStlafttto12 Seetion 6 ofArtiele )GIlD of the California Constitution for eertain13 eosts that may be inetllTed by a loeal ageney or sehool distriet14 beeatlse ift that regard this aet ereates a nev erime or infraetion15 eliminates a erime or infraetion or ehfmges the penalty fOfa erime16 or inflaetion Hithin the meaning of Seetion 17556 of the17 Goemment Code or ehanges the definition ofa elime Hithin the18 meaning of Seetion 6 of Aniele XIII D of the Califomia19 Constitution20 IIo~eer if the Commission on State Mfmdates determines that21 this aet eontainsother eosts mfmdated by the state reimbttfsement22 to loeal ageneies fmd sehool distliets for those eosts shall be made23 ptlfStlafttto Part 7 (eommeneing Hith Seetion 17500) of Division24 4 of Title 2 of the Goemment Code25 SEC 2 No reimbursement is required by this act pursuant to26 Section 6 of Article XIII B of the California Constitution because27 the only costs that may be incurred by a local agency or school28 district will be incurred because this act creates a new crime or29 infraction eliminates a crime or infraction or changes thepenalty30 for a crime or infraction within the meaning of Section 17556 of31 the Government Code or changes the definition of a crime within32 the meaning of Section 6 of Article XIII B of the California33 Constitution

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AB 1904 Assembly Bill Status

MEASURE AUTHOR(S)TOPIC

HOUSE

CURRENT BILL STATUS

AB No 1904Block Butler and

Professions and vocationslicenses

LOCATION

Cookmilitary spouses temporary

TYPE OF BILL

SEN

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyAppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpub11-12billasmab _1901-1950ab _1904_ bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes Noes OOPASS17

An act to add Section 1155 to the Business andProfessions Code relating to professions and vocationsand making an appropriation therefor

-

AB 1588 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1588AUTHOR(S) Atkins (Principal coauthors Cook and Nielsen)

(Coauthors Block Beth Gaines Pan V Manuel PerezWilliams and Yamada)

TOPIC Professions and vocations reservist licensees fees andcontinuing education

HOUSE LOCATION SEN+LAST AMENDED DATE 03052012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS forLAST

LAST

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

TITLE An act to add Section 1143 to the Business andProfessions Code relating to professions and vocations

htlpllwwwleginfocagovpubll-12Ibillasmlab _1551-1600ab _1588 _bill_20120601_statu 652012

middot

AMENDED IN ASSEMBLY MARCH 5 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1588

Introduced by Assembly Member Atkins(Principal coauthors Assembly Members Cook and Nielsen)

(Coauthors Assembly Members Block Beth Gaines PanV Manuel Perez Williams and Yamada)

February 6 2012

An act to add Section 1143 to the Business and Professions Coderelating to professions and vocations

LEGISLATIVE COUNSELS DIGEST

AB 1588 as amended Atkins Professions and vocations reservistlicensees fees and continuing education

Existing law provides for the regulation of various professions andvocations by boards commissions or bureaus within the Departmentof Consumer Affairs and for the licensure or registration of individualsin that regard Existing law authorizes any licensee whose licenseexpired while he or she was on active duty as a member of the CaliforniaNational Guard or the United States Armed Forces to reinstate his orher license without examination or penalty if certain requirements aremet

This bill would require the boards commissions or bureaus describedabove to waive the renewal fees and continuing education requirementsif either is applicable of any licensee or registrant who is a reservistcalled to active duty as a member of the United States Military Reserveor the California National Guard if certain requirements are met

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

98

AB 1588 -2-

Thepeople of the State of Califomi a do enact asfollows

1 SECTION 1 Section 1143 is added to the Business and2 Professions Code to read3 1143 Notwithstanding any other provision oflaw everyboard4 commission or bureau within the department shall waive the5 renewal fees and continuing education requirements if either is6 applicable for any licensee or registrant who is a reservist called7 to active duty as a member of the United States Military Reserve8 or the California National Guard if all of the following9 requirements are met

10 (a) The licensee or registrant was in good standing with the11 board commission or bureau at the time the reservist was called12 to active duty13 (b) The renewal fees or continuing education requirements are14 waived only for the period during which the reservist is on active15 duty service16 (c) The active duty reservist or the active duty reservists spouse17 or registered domestic partner provides written notice satisfactory18 to the board commission or bureau that substantiates the19 reservists active duty service

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AB 1896 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1896AUTHOR(S) ChesbroTOPIC Tribal health programs health care practitionersHOUSE LOCATION SEN+LAST AMENDED DATE 03272012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATIONCOMM ACTION DATECOMM ACTIONCOMM VOTE SUMMARY

ASM

05172012Referred to Com on B P amp EDBUSINESS PROFESSIONS AND CONSUMER PROTECTION04102012

Do passAyes 09 Noes OOPASS

TITLE An act to amend the heading of Article 10 (commencingwith Section 710) of Chapter 1 of Division 2 of and toadd Section 719 to the Business and Professions Coderelating to healing arts

httpwwwleginfocagovpubI11-12lbillasmab_1851-1900ab_1896_bill_20120517 _statu 652012

-

AMENDED IN ASSEMBLY MARCH 27 2012

CALIFORNIA LEGISLATURE-20II-12 REGULAR SESSION

ASSEMBLY BILL No 1896

Introduced by Assembly Member Chesbro

February 222012

An act to amend the heading of Article 10 (commencing with Section710) of Chapter 1 of Division 2 of and to add Section 719 to theBusiness and Professions Code relating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1896 as amended Chesbro Tribal health programs health carepractitioners

Under existing federal law licensed health professionals employedby a tribal health program are required to be exempt if licensed in anystate from the licensing requirements of the state in which the tribalhealth program performs specified services A tribal health program isdefined as an Indian tribe or tribal organization that operates any healthprogram service function activity or facility funded in whole or partby the Indian Health Service

Existing law provides for the licensure and regulation of health carepractitioners by various healing arts boards within the Department ofConsumer Affairs

This bill would codify that federal requirement by specifying that aperson who is licensed as a health care practitioner in any other stateand is employed by a tribal health program is exempt from any statelicensing requirement with respect to acts authorized under thepersonslicense where the tribal health program performs specified services

Vote majority Appropriation no Fiscal committee noState-mandated local program no

98

AD 1896 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 The heading of Article 10 (commencing with2 Section 710) of Chapter 1 of Division 2 of the Business and3 Professions Code is amended to read456789

101112131415161718192021

Article 10 Federal Personnel and Tribal Health Programs

SEC 2 Section 719 is added to the Business and ProfessionsCode to read

719 (a) A person who is licensed as a health care practitionerin any other state and is employed by a tribal health program asdefined in Section 1603 of Title 25 of the United States Code shallbe exempt from any licensing requirement described in this divisionwith respect to acts authorized under the persons license wherethe tribal health program performs the services described in thecontract or compact of the tribal health program under the IndianSelf-Determination and Education Assistance Act (25 USC Sec450 et seq)

(b) For purposes of this section health care practitioner meansany person who engages in acts that are the subject of licensureor regulation under this division or Ml) initiative 8et referred to inthis division the law of any other state

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CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1904

Introduced by Assembly Members Block Butler and Cook

February 222012

An act to add Section 1155 to the Business and Professions Coderelating to professions and vocations and making an appropriationtherefor

LEGISLATIVE COUNSELS DIGEST

AB 1904 as introduced Block Professions and vocations militaryspouses temporary licenses

Existing law provides for the licensure and regulation of variousprofessions and vocations by boards within the Department of ConsumerAffairs Existing law provides for the issuance of reciprocal licenses incertain fields where the applicant among other requirements has alicense to practice within that field in another jurisdiction as specifiedUnder existing law licensing fees imposed by certain boards withinthe department are deposited in funds that are continuously appropriated

This bill would authorize a board within the department to issue atemporary license to an applicant who among other requirements holdsan equivalent license in another jurisdiction as specified and is marriedto or in a legal union with an active duty member of the Armed Forcesofthe United States who is assigned to a duty station in California underofficial active duty military orders The bill would require a board toexpedite the process for issuing these temporary licenses The bill wouldrequire the applicant to pay any fees required by the board and wouldrequire that those fees be deposited in the fund used by the board toadminister its licensing program To the extent that the bill would

99

AB 1904 -2-

increase the amount of money deposited into a continuously appropriatedfund the bill would make an appropriation

Vote majority Appropriation yes Fiscal committee yesState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 1155 is added to the Business and2 Professions Code to read3 1155 (a) A board within the department may issue a4 temporary license to an applicant who meets all of the following5 requirements6 (l) Submits an application in the manner prescribed by the7 board8 (2) Supplies evidence satisfactory to the board that the applicant9 is married to or in a domestic partnership or other legal union

10 with an active duty member of the Armed Forces of the United11 States who is assigned to a duty station in this state under official12 active duty military orders13 (3) Holds a current license in another state district or territory14 of the United States with the requirements that the board determines15 are substantially equivalent to those established under this code16 for that occupation17 (4) Has not committed an act in anyjurisdiction that would have18 constituted grounds for denial suspension or revocation of the19 license under this code at the time the act was committed20 (5) Has not been disciplined by a licensing entity in another21 jurisdiction and is not the subject of an unresolved complaint22 review procedure or disciplinary proceeding conducted by a23 licensing entity in another jurisdiction24 (6) Pays any fees required by the board Those fees shall be25 deposited in the applicable fund or account used by the board to26 administer its licensing program27 (7) Submits fingerprints and any applicable fingerprinting fee28 in the manner required of an applicant for a regular license29 (b) A board shall expedite the procedure for issuing a temporary30 license pursuant to this section31 (c) A temporary license issued under this section shall be valid32 for 180 days except that the license may at the discretion of the

99

-3- AB 1904

I board be extended for an additional180-day period on application2 of the license holder3 (d) A board may adopt regulations necessary to administer this4 section

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AB 1932 Assembly Bill Status

MEASURE AUTHOR(S)TOPICHOUSE+LAST

CURRENT BILL STATUS

AB No 1932Gorell (Coauthor Cook)

United States armed services healing arts boardsLOCATION SENAMENDED DATE 04172012

TYPE OF BILL

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

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APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

An act to add Section 7102 to the Business andProfessions Code relating to healing arts

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AMENDED IN ASSEMBLY APRIL 172012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1932

Introduced by Assembly Member-Ceek Gorell(Coauthor Assembly Member Cook)

February 222012

An act to add Section 7102 to the Business and Professions Coderelating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1932 as amended euroook Gorell United States armed serviceshealing arts boards

Existing law provides for the licensure and regulation of varioushealing arts professions and vocations by boards within the Departmentof Consumer Affairs Existing law requires the rules and regulations ofthese healing arts boards to provide for methods of evaluating educationtraining and experience obtained in military service if such training isapplicable to the requirements of the particular profession or vocationregulated by the board Under existing law the Department of VeteransAffairs has specified powers and duties relating to various programsserving veterans

This bill would require by January 12014 and annually thereafterevery healing arts board to issue a specified written report to theDepartment of Veterans Affairs and the Legislature as specified thatclearly details the methods of evaluating the education training andexperience obtained in military service and whether that educationtraining and experience is applicable to the boards requirements forlicensure The bill would declare the intent of the Legislature in thisregard

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Vote majority Appropriation no Fiscal committee yesState-mandated local program no

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 710 of the Business and Professions Code2 was enacted in 1969 and because healing arts boards have not3 demonstrated significant compliance with that section it is the4 intent of the Legislature to establish an annual reporting5 requirement to compel these boards to provide information about6 the methods of evaluating education training and experience7 obtained in military service in order to meet the needs of the8 upcoming wave of armed service members returning to civilian9 life

10 SEC 2 Section 7102 is added to the Business and Professions11 Code to read12 7102 (a) By January 12014 and annually thereafter every13 healing arts board described in this division shall issue a written14 report to the Department of Veterans Affairs and to the Legislature15 that clearly details the methods of evaluating the education16 training and experience obtained in military service and whether17 that education training and experience is applicable to the boards18 requirements for licensure This written report shall include but19 not be limited to quantitative information about the number of20 service members who have applied for and have used their military21 education training and experience to fulfill the boards22 requirements for licensure23 (b) (1) The requirement to submit a report to the Legislature24 under subdivision (a) shall be inoperative on January 1 201825 pursuant to Section 102315 of the Government Code26 (2) A report to the Legislature shall be submitted in compliance27 with Section 9795 of the Government Code

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before him or her at the time of reviewing or approving thedocument record or transaction in the case of mandated reporterswho do not have direct contact with the elder or dependent adultshall report the known or suspected instance of financial abuse bytelephone immediately or as soon as practicably possible and bywritten report sent within two working days to the local adultprotective services agency or the local law enforcement agency

(2) When two or more mandated reporters jointly haveknowledge or reasonably suspect that financial abuse of an elderor a dependent adult for which the report is mandated has occurredand when there is an agreement among them the telephone reportmay be made by a member of the reporting team who is selectedby mutual agreement A single report may be made and signed bythe selected member of the reporting team Any member of theteam who has knowledge that the member designated to report hasfailed to do so shall thereafter make that report

(3) If the mandated reporter knows that the elder or dependentadult resides in a long-term care facility as defined in Section1561047 the report shall be made to the local ombudsman or locallaw enforcement agency

(e) An allegation by the elder or dependent adult or any otherperson that financial abuse has occurred is not sufficient to triggerthe reporting requirement under this section if both of the followingconditions are met

(1) The mandated reporter of suspected financial abuse of anelder or dependent adult is aware of no other corroborating orindependent evidence of the alleged financial abuse of an elder ordependent adult The mandated reporter of suspected financialabuse of an elder or dependent adult is not required to investigateany accusations

(2) In the exercise of his or her professional judgment themandated reporter of suspected financial abuse of an elder ordependent adult reasonably believes that financial abuse of anelder or dependent adult did not occur

(f) Failure to report financial abuse under this section shall besubject to a civil penalty not exceeding one thousand dollars($1000) or if the failure to report is willful a civil penalty notexceeding five thousand dollars ($5000) which shall be paid bythe financial institution that is the employer of the mandated

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reporter to the party bringing the action Subdivision (h) of Section15630 shall not apply to violations of this section

(g) (1) The civil penalty provided for in subdivision (f) shallbe recovered only in a civil action brought against the financialinstitution by the Attorney General district attorney or countycounsel No action shall be brought under this section by anyperson other than the Attorney General district attorney or countycounsel Multiple actions for the civil penalty may not be broughtfor the same violation

(2) Nothing in the Financial Elder Abuse Reporting Act of2005shall be construed to limit expand or otherwise modify any civilliability or remedy that may exist under this or any other law

(h) As used in this section suspected financial abuse of anelder or dependent adult occurs when a person who is requiredto report under subdivision (a) observes or has knowledge ofbehavior or unusual circumstances or transactions or a pattern ofbehavior or unusual circumstances or transactions that would leadan individual with like training or experience based on the samefacts to form a reasonable belief that an elder or dependent adultis the victim of financial abuse as defined in Section 1561030

(i) Reports of suspected financial abuse of an elder or dependentadult made by an employee or officer of a financial institutionpursuant to this section are covered under subdivision (b) of Section47 of the Civil Code

SEC 3 Section 15633 of the Welfare and Institutions Codeas amended by Section 5 of Chapter 140 of the Statutes of 2005is amended to read

15633 (a) The reports made pursuant to Sections 15630156301 and 15631 shall be confidential and may be disclosedonly as provided in subdivision (b) Any violation of theconfidentiality required by this chapter is a misdemeanorpunishable by not more than six months in the county jail by afine of five hundred dollars ($500) or by both that fine andimprisonment

(b) Reports of suspected abuse of an elder or dependent adultand information contained therein may be disclosed only to thefollowing

(1) Persons or agencies to whom disclosure of information orthe identity of the reporting party is permitted under Section156335

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(2) (A) Persons who are trained and qualified to serve onmultidisciplinary personnel teams may disclose to one anotherinformation and records that are relevant to the preventionidentification or treatment of abuse of elderly or dependentpersons

(B) Except as provided in subparagraph (A) any personnel ofthe multidisciplinary team or agency that receives informationpursuant to this chapter shall be under the same obligations andsubject to the same confidentiality penalties as the persondisclosing or providing that information The information obtainedshall be maintained in a manner that ensures the maximumprotection of privacy and confidentiality rights

(c) This section shall not be construed to allow disclosure ofany reports or records relevant to the reports of abuse of an elderor dependent adult if the disclosure would be prohibited by anyother provisions of state or federal law applicable to the reports orrecords relevant to the reports of the abuse nor shall it be construedto prohibit the disclosure by a financial institution of any reportsor records relevant to the reports of abuse of an elder or dependentadult if the disclosure would be required of a financial institutionby otherwise applicable state or federal law or court order

(d) This seetion shall remain in dIcet on) tmtilJantmry I 2813and as of that date is repealed unless a later enaeted statute thatis enaeted before JMlt1ary12813 deletes or extends that date

SEC 4 Section 15633 of the Welfare and Institutions Codeas added by Section 6 of Chapter 140 of the Statutes of 2005 isrepealed

15633 (a) The leports made ptlrstlMlt to Seetions 15638 and15631 shall be eonndential and may be diselosed on) as pro videdin stlbdivision (b) AIl) violation of the eonfidetttialrt reqtliredbythis ehapter is a misdemeanor ptlnishable bynot more than sixmoftths in the eounry jail b)l a nne ofn Vehundred dollars ($588)or byboth that nne and imprisonment

(b) Reports of stlspeeted elder 01 dependent adttlt abttse andinfenmation eontained therein may be diselosed only to thefollo vving

(1) Persons or ageneies to vvhomdiselostlfe of information orthe identity of the reporting pMty is permitted tlnder Seetion156335

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(2) EA) Persems who Me trftined Md qtlftlified to sene onmtlltidiseiplinftfjf persoflftel teftll1smfty diselose to one Mlotherinfermtttion Md reeords thftt Me relevflnt to the preventionidentifiefttion or trefttment of ftbttse of elderly or dependentpersons

EB) Exeept ftSpro vided in SMpMftgrftph EA) Mly personnel ofthe ftltlltidiseiplinftry teftftl or ftgeney thftt reeeives informfttionptlrstlftnt to this ehflPtel shftH he tinder the sftme ohligfttions ftndsttbjeet to the sftme eonfidentiftlity penftlties ftS the pelsondisdosing or pro viding thftt infermfttion The informfttion ohtftinedshftH he mftintftined in ft ftlftflfter thftt enstlfes the ftlftXimttmproteetion ofprivftey ftnd eonfidentiftlity rights

Ee) This seetion shftH not he eonstftled to ftHo diselostlfe ofMy reports or reeords rde vMit to the reports of elder or dependentftdttlt ftbttse if the disdostlfe votlld he prohibited hy My other110visions of stftte or federftllft bullbull ftppliefthle to the reports or reeordsrele vftnt to the reports of the flbttse

Ed) This seetion shftH heeome operftti ve on Jftntlftry I 2013SEC 5 Section 15634 of the Welfare and Institutions Code

as amended by Section 7 of Chapter 140 of the Statutes of 2005is amended to read

15634 (a) No care custodian clergy member healthpractitioner mandated reporter of suspected financial abuse of anelder or dependent adult or employee of an adult protectiveservices agency or a local law enforcement agency who reports aknown or suspected instance of abuse of an elder or dependentadult shall be civilly or criminally liable for any report requiredor authorized by this article Any other person reporting a knownor suspected instance of abuse of an elder or dependent adult shallnot incur civil or criminal liability as a result of any reportauthorized by this article unless it can be proven that a false reportwas made and the person knew that the report was false No personrequired to make a report pursuant to this article or any persontaking photographs at his or her discretion shall incur any civil orcriminal liability for taking photographs of a suspected victim ofabuse of an elder or dependent adult or causing photographs to betaken of such a suspected victim or for disseminating thephotographs with the reports required by this article Howeverthis section shall not be construed to grant immunity from thisliability with respect to any other use of the photographs

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(b) No care custodian clergy member health practitionermandated reporter of suspected financial abuse of an elder ordependent adult or employee of an adult protective services agencyor a local law enforcement agency who pursuant to a request froman adult protective services agency or a local law enforcementagency investigating a report of known or suspected abuse of anelder or dependent adult provides the requesting agency withaccess to the victim of a known or suspected instance of abuse ofan elder or dependent adult shall incur civil or criminal liabilityas a result of providing that access

(c) The Legislature finds that even though it has providedimmunity from liability to persons required to report abuse of anelder or dependent adult immunity does not eliminate thepossibility that actions may be brought against those persons basedupon required reports of abuse In order to further limit the financialhardship that those persons may incur as a result of fulfilling theirlegal responsibilities it is necessary that they not be unfairlyburdened by legal fees incurred in defending those actionsTherefore a care custodian clergy member health practitioneror an employee of an adult protective services agency or a locallaw enforcement agency may present to the StMe B6Md 6pound C6ntr61California Victim Compensation and Government Claims Boarda claim for reasonable fttt6meys attorneys fees incurred in anyaction against that person on the basis of making a report requiredor authorized by this article if the court has dismissed the actionupon a demurrer or motion for summary judgment made by thatperson or if he or she prevails in the action The StMe B6ftrd 6fC6ntr61 California Victim Compensation and Government ClaimsBoard shall allow that claim if the requirements ofthis subdivisionare met and the claim shall be paid from an appropriation to bemade for that purpose Att6mey s Attorneys fees awarded pursuantto this section shall not exceed an hourly rate greater than the ratecharged by the Attorney General at the time the award is madeand shall not exceed an aggregate amount of fifty thousand dollars($50000) This subdivision shall not apply if a public entity hasprovided for the defense of the action pursuant to Section 995 ofthe Government Code

(d) This seeti6n shftll remftin in dfeet 6ttly tmtil J8fttlfll)1 2013ftnd ftS6pound thftt dMe is repeftled wIess ft IMer enfteted stMute thMis en8eted before Jftftt18ry12013 deletes 6r extends thM dMe

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SEC 6 Section 15634 of the Welfare and Institutions Codeas amended by Section 711 ojChapter 538 of the Statutes oj2006is repealed

15634 eft) No eMe etlstodimt ele~ member hea-lthpraetitioner or employee of an adttlt proteeti-ve serviees ageneyor a loeal larn enforeement ageney who reports a lrnown orsttspeeted instanee of elder or dependent adtllt abtlse shaHbe eiviHyor eriminalry liable for any report reqttired or attthorizedby thisartiele Any other peIson reporting a lrnOWfior stlspeeted instaneeof elder or dependeItt adttIt abtlse shall not inettr ei vil or eriminalliability as a restllt of any report attthorizedby this artiele ttnlessit ean be pro ven that a false report was made and the person knewthat the report vvasrelse gteJoperson reqtlired to make a reportptlrstlant to this artiele or any person taking photographs at his orher diseretion shall inettr any eivii or eriminalliability fer takingphotographs of a stlspeeted vietim of elder or dependent adtlltabtlse or eattsing photographs to be taken of the stlspeeted vietimor fOIdisseminating the photographs with the reports reqtlired bythis artiele However this seetion shall not be eonstmed to gIantimmttnity from this liability vvithrespeet to any other tlse of thephotographs

(b) No eMe etlstodian el~ member health praetitioner oremployee of an adtlIt proteetive seniees ageney or a loea-l lawenfereemeItt ageney who pttrsttant to a reqtlest from an adttltproteeti-ie seniees ageney or a loeal lavI enforeemeItt ageneyinvestigating a report of lrnOViftor stlspeeted elder or dependentadtllt abtlse proides the reqtlesting ageney with aeeess to thevietim of a lrnovvnor stlspeeted instanee of elder or dependeIttadttlt abtlse shall inettr eiviI or eriminal liability as a restlIt ofpro viding that aeeess

ee) The Legislatttre finds that even thOtlgh it has pIOvidedimmtlnity from liability to peIsons reqtlired to report elder ordependent mit abttse immtlIlity does not eliminate the possibilitythat aetions may be brotlght agamst those persons based tlJ0nreqtlired reports of abtlse In order to fttrther limit the finaneialhardship that those persons may inettr as a resttIt offttlfilling theirlegal responsibilities it is neeessary that they not be tlftreirlybttrdened by legal fees inetlffed in defending those aetionsTherefore a eMeetlstodian ele~ member health praetitioneror employee ofan adttlt proteetive seniees ageney or a loeallffi7t

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enfOieement agene)l ma) present to the CalifeJmia VietimCempensatien and Geemment Claims BeMd a elaim feJrreasenable atteme)s fees inetJifedin any aetien agffinstthat persenen the basis efmMcinga repert reqtlired er attth6rizedb)l this Mtieleif the eeM has dismissed the aetien t1pen a demtlffer el metienfur sttmillM)lj tldgment made b that persen el ifhe er she preailsin the aetien The Califumia Vietim Cempensatien andGeemment Claims Beard shall allew that ehtim if thereqtlirements ef this sttbdi isien Me met and the elaim shall bepaid fl6man fllprepriatien te be made fur that ptllpese Atteme) sfees aarded ptliStlMltto this seetien shall net exeeedan hetlilyrate greater than the late eharged b the Attemey General at thetime the aard is made and sh8llnet exeeedan aggregate amettllteffitty thetlsanBdellMs ($50000) This sttbdF isien shall net applyif a pttblie enti) has pmbullided fer the defense ef the aetien ptlistlantte Seetien 995 ef the Ge emment Cede

(6) This seetien shall beeeme eperatie en JMttlM)12013SEC 7 Section 15640 of the Welfare and Institutions Code

as amended by Section 9 of Chapter 140 of the Statutes of2005is amended to read

15640 (a) (1) An adult protective services agency shallimmediately or as soon as practically possible report by telephoneto the law enforcement agency having jurisdiction over the caseany known or suspected instance of criminal activity and to anypublic agency given responsibility for investigation in thatjurisdiction of cases of elder and dependent adult abuse everyknown or suspected instance of abuse pursuant to Section 15630or 156301 of an elder or dependent adult A county adult protectiveservices agency shall also send a written report thereof within twoworking days of receiving the information concerning the incidentto each agency to which it is required to make a telephone reportunder this subdivision Prior to making any cross-report ofallegations of financial abuse to law enforcement agencies anadult protective services agency shall first determine whether thereis reasonable suspicion of any criminal activity

(2) If an adult protective services agency receives a report ofabuse alleged to have occurred in a long-term care facility thatadult protective services agency shall immediately inform theperson making the report that he or she is required to make thereport to the long-term care ombudsman program or to a local law

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-19- AB518

enforcement agency The adult protective services agency shallnot accept the report by telephone but shall forward any writtenreport received to the long-term care ombudsman

(b) If an adult protective services agency or local lawenforcement agency or ombudsman program receiving a report ofknown or suspected elder or dependent adult abuse determinespursuant to its investigation that the abuse is being committed bya health practitioner licensed under Division 2 (commencing withSection 500) of the Business and Professions Code or any relatedinitiative act or by a person purporting to be a licensee the adultprotective services agency or local law enforcement agency orombudsman program shall immediately or as soon as practicallypossible report this information to the appropriate licensingagency The licensing agency shall investigate the report in lightof the potential for physical harm The transmittal of informationto the appropriate licensing agency shall not relieve the adultprotective services agency or local law enforcement agency orombudsman program of the responsibility to continue its owninvestigation as required under applicable provisions of law Theinformation reported pursuant to this paragraph shall remainconfidential and shall not be disclosed

(c) A local law enforcement agency shall immediately or assoon as practically possible report by telephone to the long-termcare ombudsman program when the abuse is alleged to haveoccurred in a long-term care facility or to the county adultprotective services agency when it is alleged to have occurredanywhere else and to the agency given responsibility for theinvestigation of cases of elder and dependent adult abuse everyknown or suspected instance of abuse of an elder or dependentadult A local law enforcement agency shall also send a writtenreport thereof within two working days of receiving the informationconcerning the incident to any agency to which it is required tomake a telephone report under this subdivision

(d) A long-term care ombudsman coordinator may report theinstance of abuse to the county adult protective services agencyor to the local law enforcement agency for assistance in theinvestigation of the abuse if the victim gives his or her consent Along-term care ombudsman program and the Licensing andCertification Division ofthe State Department ofIIealth SeI ieesPublic Health shall immediately report by telephone and in writing

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AB518 -20-

1 within two working days to the bureau any instance of neglect2 occurring in a health care facility that has seriously harmed any3 patient or reasonably appears to present a serious threat to the4 health or physical well-being of a patient in that facility If a victim5 or potential victim of the neglect withholds consent to being6 identified in that report the report shall contain circumstantial7 information about the neglect but shall not identify that victim or8 potential victim and the bureau and the reporting agency shall9 maintain the confidentiality of the report until the report becomes

lOa matter of public record11 (e) When a county adult protective services agency a long-term12 care ombudsman program or a local law enforcement agency13 receives a report of abuse neglect or abandonment of an elder or14 dependent adult alleged to have occurred in a long-term care15 facility that county adult protective services agency long-term16 care ombudsman coordinator or local law enforcement agency17 shall report the incident to the licensing agency by telephone as18 soon as possible19 (f) County adult protective services agencies long-term care20 ombudsman programs and local law enforcement agencies shall21 report the results of their investigations of referrals or reports of22 abuse to the respective referring or reporting agencies23 Eg) This seeti6n shall remain in dIcet 6ny tlfttilJ~ 1201324 and as 6f that date is repealed unless a later enaeted stMttte that25 is enaeted bef6re Janttary 12013 deletes 6r extends that date26 SEC 8 Section 15640 of the Welfare and Institutions Code27 as added by Section 10 of Chapter 140 of the Statutes of 2005 is28 repealed 29 15640 Ea) E1) An adult pr6teeti e sen iees ageney shall30 immediate) 6r as S66nas praetieal) p6ssible rep6rt 0 te1eph6ne31 t6 the la~ enf6reement ageney haing jttrisdieti6n 6er the ease32 an kntMfl6r suspeeted instanee 6f eriminal aeth it) and t6 any33 pttblie agene gien resp6nsibilit) f6r illestigMi6n in that34 jurisdieti6n 6f eases 6f elder and dependent adttlt abuse eery35 kfl6n6r suspeeted instanee 6f aetlse purstlant t6 Seeti6n 1563036 6f an elder 6r dependent adttlt A e6t11ltyadttlt pr6teeti e sen iees37 ageney shall als6 send a TV ritten rep6rt there6f Vv ithin ti 6 V 6rking38 days 6f reeeiving the inwrmati6n e6neeming the ineident t6 eaeh39 ageney t6 vv hieh it is reqtlired t6 make a teleph6ne Iep6rt tlftder40 this subdiisi6n Pri6r t6 making an er6SSIep6rt 6f allegati6ns

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-21- AB518

offilumeial abttse to lavvenforeemertt a-geneiesMladult proteetFesen iees agene) shaH first determine whether there is reasonablesuspieion of tmJ eriminM aeti vit

(2) If an adult proteeti ve sen iees agene) reeei ves a report ofabttse alleged to ha ve oeettlTed in a long teml eare faeilit) thatadttlt proteeti ve sen iees ageney shall immediate) infoml theperson making the report that he or she is required to make thereport to the long term eare ombttdsman program 01 to aloeallawenforeemertt a-geneyThe adttlt proteeti ve sen iees agene) shallnot aeeept the report b) telephone btlt shall fonvMd flit) vvTittenreport leeehed to the long teml eare ornbtldsman

(b) If an adtllt proteetive seniees ageney or loeal lawenforeement agene) or ornbtldsman program reeei vinga report ofkftovm or stlspeeted elder or dependent adttlt MtlSe determinespttrstlartt to its inYestigationthat the flbttseis being eommitted bya health 11aetitioner lieensed tlftder Division 2 (eonJffieneingwithSeetion 500) of the Btlsiness flftdProfessions Code or flit) lelatedinitiatiye aet or by a person ptlrporting to be a lieensee the adtlltproteetive seniees a-gene) or loeallaw enforeement agene) orombttdsman program shall immediate) or as soon as praetieall)possible report this mformation to the appropriate lieensingagene) The lieensing agene) shall investigate the report in lightof the poterttial fur ph) sieal hamlThe trMlsmittfllof informationto the appropriate lieensing agene) shall not relieve the adtlltproteethe serviees agene) or loeallaw enforeement agene) orornbtldsmflft program of the responsibility to eorttinue its 0~vninvestigation as reqttired tlftder applieable provisions of law Theinformation reported pttrstlant to this paragraph shall remaineoniiderttial flItdshfl11not be diselosed

(e) A loealla bullbull enforeement agefte) shall immediate) or assoon as praetieal) possible report b) telephone to the long termeare ombtldsman program bullbullhen the abtlse is alleged to haveoeetllTed in a long term eare faeilit) or to the eotlnt) adttltproteetive seniees agene) bullbullhen it is alleged to have oeeUlfedan) vvhere else flftd to the agene) gh en responsibilit) for theinvestigation of eases of elder and dependent adttlt abtlse everykftovm or stlspeeted instflftee of MtlSe of an elder or dependerttadttlt A loeallaw enforeement ageney shall also send a Ylfittenreport thereof bullbullithin ftv0 vvorking dfl)s ofreeei ving the infomlation

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AB518 -22-

eoneeming the ineident to an agenC) to vvhieh it is reqtlired toftutke a telephone report tlIlderthis stlbdh ision

Ed) A long tenn eare ombttdsman eoordinator mll) report theinstlllleeof abtlse to the eot1llryadttlt proteetive seniees ageneyor to the loeal la bullbull enforeement agenC) for assistlllleein theinvestigationof the abttse if the vietim gives his or her eonsent Along tenn eMe ombtldsmllllprogram llIldthe Lieensing llIldCertifieation Division of the State DepMtment ofIIealth Senieesshall immediately report b telephone llIldin vvriting vvithin hiv0tv orkingdll) s to the bm eatl an instlllleeof negleet oeet1ffingin ahealth eare faeiliry that has seriotlsl hMmed an patient orreasonably appeMs to present a seriotls threat to the health orph sieal vvell being of a patient in that ffteiliry If a J ietim orpotential TV ietim of the neglect vithholds eonsent to being identifiedin that report the report shall eontain eirettmstlllltialinformationabom the negleet bm shall not identif) that vietim or potentialvietim and the bttreatl llIldthe reporting agenC) shall maintain theeoniidentialiry of the report tlntil the report beeomes a matter ofptlblie reeord

Ee) hen a eotlllryadttlt proteeti ve sen iees agenC) a long termeare ombtldsman program or a loeal la enforeement ageneyreeeives a report ofabttse negleet or ablllldonmentofllllelder ordependent adttlt alleged to have oeet1ffedin a long term earefaeiliry that eotlnty adtllt proteeti ve sen iees agenC) long termeare ombtldsmlllleoordinator or loeallavv enforeement ageneyshall report the ineident to the lieensing agene b telephone assoon as possible

ED COtl1lt)adtllt proteetive seniees ageneies long term eareombttdsman programs and 10ea1lavvenforeement ageneies shallreport the restllts of their investigations of referrals or reports ofabtlse to the respeetive referring or reporting ageneies

Eg) This seetion shall beeome operative on JllIlt1flry12013SEC 9 Section 156555 of the Welfare and Institutions Code

as amended by Section 11 of Chapter 140 of the Statutes of 2005is amended to read

156555 A county adult protective services agency shallprovide the organizations listed in paragraphs (v) (w) and (x) ofSection 1561017 and mandated reporters of suspected financialabuse of an elder or dependent adult pursuant to Section 156301with instructional materials regarding abuse and neglect of an elder

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1 or dependent adult and their obligation to report under this chapter2 At a minimum the instructional materials shall include the3 following4 (a) An explanation of abuse and neglect of an elder or dependent

adult as defined in this chapter6 (b) Information on how to recognize potential abuse and neglect7 of an elder or dependent adult8 (c) Information on how the county adult protective services9 agency investigates reports of known or suspected abuse and

neglect11 (d) Instructions on how to report known or suspected incidents12 of abuse and neglect including the appropriate telephone numbers13 to call and what types of information would assist the county adult14 protective services agency with its investigation of the report

(e) This seetion shall remain in eifcet only tlfttil Jflfttlttry 1 201316 and as of that date is repealed tmless a later enaeted stattlte that17 is enaeted before Jafttlttry 12013 deletes or extends that date18 SEC 10 Section 156555 of the Welfareand Institutions Code19 as amended by Section 712 of Chapter 538 of the Statutes of2006

is repealed21 156555 A eottftt) achtlt proteetive serviees agene) shall22 pmvide the organi2ations listed in paragraphs (v) (vv) and Ex) of23 Seetion 1561017 with instItletional materials regarding elder and24 dependent achtlt abtlse and negleet and their obligation to report

under this ehapter At a minimum the instruetional materials shall26 inelude the follovving27 (a) An explanation of elder and dependent achtlt abuse and28 negleet as defined in this ehapter29 (b) Information on how to reeogni2e potential elder and

dependent achtlt abuse and negleet31 (e) Information on ho vIthe eottftt) achtlt proteeti ve serv iees32 agene) investigates reports of knovm or suspeeted abuse and33 negleet34 (d) Instmetions on hovv to report ]movvn or suspeeted ineidents

of abuse and negleet ineltlding the appropriate telephone llt11llbers36 to eall and what rypes of information vvould assist the eount) adult37 proteetirv e sen iees agene) with its in (estigation of the report38 (e) This seetion shall beeome operati e on January I 20 13

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AB 608 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 608Pan

Health care coverage telemedicine

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to health care

httpwww1eginfocagovpubII-12Ibillasmab_0601-0650ab _608_ bill_ 20120201_status 652012

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AB 783 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 783AUTHOR(S) HayashiTOPIC Professional corporations licensed physical therapists

and occupational therapists+LAST AMENDED DATE 04072011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

COMMCOMMCOMM

HIST ACT DATEHIST ACTION

From committeeRule 62(a)

LOCATION SENACTION DATEACTION

06282011In committee Set second hearing Failed passagewithout further action pursuant to Joint

LASTLAST

BUSINESS PROFESSIONS AND ECONOMIC DEVELOPMENT06272011

Set second hearing Failed passage in Committee

TITLE An act to amend Section 2406 of the Business andProfessions Code and to amend Section 134015 of theCorporations Code relating to professional corporations

httpwwwleginfocagovpub11-12billasmab_0751-0800ab_783_bill_20111115_status 652012

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AMENDED IN ASSEMBLY APRIL 7 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 783

Introduced by Assembly Member Hayashi

February 172011

An act to amend Section 2406 of the Business and Professions Codeand to amend Section 134015 of the Corporations Code relating toprofcssiemal eorporations and deelaring the mgeney thereof to tttkeeffeet immediatelyprofessional corporations

LEGISLATIVE COUNSELS DIGEST

AB 783 as amended Hayashi Professional corporations licensedphysical therapists and occupational therapists

Existing law regulating professional corporations provides that certainhealing arts practitioners may be shareholders officers directors orprofessional employees of a medical corporation-er-a podiatric medicalcorporation or a chiropractic corporation subject to certain limitations

This bill would add licensed physical therapists and licensedoccupational therapists to the list of healing arts practitioners who maybe shareholders officers directors or professional employees of thosecorporations The bill would also make conforming changes to a relatedprovision

This bill vv otlld deelare that it is to take etteet immediately as anmgeney statttte

Vote -majority Appropriation no Fiscal committee noState-mandated local program no

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Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 2406 of the Business and Professions2 Code is amended to read3 2406 A medical corporation or podiatry corporation is a4 corporation that is authorized to render professional services as

defined in Sections 13401 and 134015 ofthe Corporations Code6 so long as that corporation and its shareholders officers directors7 and employees rendering professional services who are physicians8 and surgeons psychologists registered nurses optometrists9 podiatrists chiropractors acupuncturists naturopathic doctors

physical therapists or in the case of a medical corporation only11 physician assistants marriage and family therapists or clinical12 social workers are in compliance with the Moscone-Knox13 Professional Corporation Act the provisions of this article and all14 other statutes and regulations now or hereafter enacted or adopted

pertaining to the corporation and the conduct of its affairs16 With respect to a medical corporation or podiatry corporation17 the governmental agency referred to in the Moscone-Knox18 Professional Corporation Act is the board19 SEC 2 Section 134015 of the Corporations Code is amended

to read21 134015 Notwithstanding subdivision (d) of Section 1340122 and any other provision of law the following licensed persons23 may be shareholders officers directors or professional employees24 of the professional corporations designated in this section so long

as the sum of all shares owned by those licensed persons does not26 exceed 49 percent ofthe total number of shares of the professional27 corporation so designated herein and so long as the number of28 those licensed persons owning shares in the professional29 corporation so designated herein does not exceed the number of

persons licensed by the governmental agency regulating the31 designated professional corporation32 (a) Medical corporation33 (1) Licensed doctors of podiatric medicine34 (2) Licensed psychologists

(3) Registered nurses36 (4) Licensed optometrists37 (5) Licensed marriage and family therapists38 (6) Licensed clinical social workers

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-3-

(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists(10) Naturopathic doctors(11) Licensed physical therapists(12)Licensed occupational therapists(b) Podiatric medical corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed optometrists(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(8) Licensed physical therapists(9) Licensed occupational therapists(c) Psychological corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Registered nurses(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed chiropractors(8) Licensed acupuncturists(9) Naturopathic doctors(d) Speech-language pathology corporation(1) Licensed audiologists(e) Audiology corporation(1) Licensed speech-language pathologists(t) Nursing corporation(l) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists

AB783

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AB783 -4-

(10) Naturopathic doctors(g) Marriage and family therapy corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed clinical social workers(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(h) Licensed clinical social worker corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed marriage and family therapists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(i) Physician assistants corporation(1) Licensed physicians and surgeons(2) Registered nurses(3) Licensed acupuncturists(4) Naturopathic doctorsG) Optometric corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(k) Chiropractic corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed acupuncturists(9) Naturopathic doctors

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-5- AB783

(10) Licensed physical therapists(11) Licensed occupational therapists(l) Acupuncture corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed physician assistants(9) Licensed chiropractors(10) Naturopathic doctors(m) Naturopathic doctor corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed physician assistants(5) Licensed chiropractors(6) Licensed acupuncturists(7) Licensed physical therapists(8) Licensed doctors of podiatric medicine(9) Licensed marriage family and child counselors(10) Licensed clinical social workers(11) Licensed optometrists(n) Dental corporation(1) Licensed physicians and surgeons(2) Dental assistants(3) Registered dental assistants(4) Registered dental assistants in extended functions(5) Registered dental hygienists(6) Registered dental hygienists in extended functions(7) Registered dental hygienists in alternative practiceSEC 3 This aet is Ml ttrgene statttte neeessary for the

immediatepresenation of the ptlblie peaee hettlihor saferyvvithinthe meMling of Miele IV of the Constittttion Mld shaHgo intoimmediate effeet The fftets eonstitttting the neeessiry Me

In order to 8t1thorizelieensed physieal therapists to beshareholders offieers mreetors or professional employees of

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1 memeal eorpofatiofts andpodiatrie medieal eorpofatiofts as soOft2 as possible it is fteeessary that this aet tftke dIeet immediately

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AB 800 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 800Huber

Boards and commissions time reporting

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to add Section 1156410 to the Government Coderelating to boards and commissions

httpwwwleginfocagovpubI11-12billasmlab_0751-0800ab _800_ bill_20120201_status 652012

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AB 958 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 958Bill Berryhill

Regulatory boards limitations periods

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to Art IV Sec 10(e) of theFrom committee Filed with the Chiefto Joint Rule 56BUSINESS PROFESSIONS AND CONSUMER PROTECTION

TITLE An act to add Section 1105 to and to repeal Sections16702 22305 296005 3137 375051 498205499032 5561 5661 76865 988420 and 98898 of theBusiness and Professions Code relating to regulatoryboards

httpwwwleginfocagovpub11-12lbillasmlab_0951-1 OOOab_958 _bill_ 20120202_ status 652012

AB 1003 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 1003Smyth

Professional and vocational licenses

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to professional and vocational licenses

httpwwwleginfocagovpubll-12Ibillasmlab_l00l-l 050ab_1003 _bill_2012020 I_statu 652012

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AB 1205 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1205AUTHOR(S) Bill BerryhillTOPIC Licensed behavior analysts+LAST AMENDED DATE 04042011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to amend Section 499018 of and to add Chapter52 (commencing with Section 252971) to Division 2 ofthe Business and Professions Code relating to healingarts

httpwwwleginfocagovpub11-12billasmab _120 1-1250ab_1205 _bill_20 120201_statu 652012

AB 1435 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1435AUTHOR(S) Dickinson (Coauthors Alejo Buchanan and Hill) TOPIC Child abuse reporting athletic personnelHOUSE LOCATION SEN+LAST AMENDED DATE OS252012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredState-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS for

LASTLAST

APPROPRIATIONSOS252012

Do pass as amendedAyes 17 Noes OOPASS

TITLE An act to amend Section 111657 of the Penal Coderelating to child abuse reporting

httpwww1eginfocagovpub11-12lbiIVasmab_140 1-1450ab _1435 _bill~0120601_statu 652012

AMENDED IN ASSEMBLY MAY 25 2012

AMENDED IN ASSEMBLY MARCH 21 2012

AMENDED IN ASSEMBLY MARCH 142012

AMENDED IN ASSEMBLY FEBRUARY 29 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1435

Introduced by Assembly Member Dickinson(Coauthors Assembly Members Alejo Buchanan and Hill)

January 4 2012

An act to amend Section 111657 of the Penal Code relating to childabuse reporting

LEGISLATIVE COUNSELS DIGEST

AB 1435 as amended Dickinson Child abuse reporting athleticpersonnel

Existing law the Child Abuse and Neglect Reporting Act requiresa mandated reporter as defined to report whenever he or she in his orher professional capacity or within the scope of his or her employmenthas knowledge of or observed a child whom the mandated reporterknows or reasonably suspects has been the victim of child abuse orneglect Failure to report an incident is a crime punishable byimprisonment in a county jail for a period of up to 6 months a fine ofup to $1000 or by both that imprisonment and fine

This bill would add athletic coaches athletic administrators andathletic directors employed by a public or private organization to thelist of individuals who are mandated reporters The bill otlld reqtlirean ptlblie or pri v ate orgflftizationernplo ing flftathletieeoaen Mhletie

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ftdministrator or Mhletie direetor to hftve provided initiftl trftining byJflfttlM) I 2014 on speeified mfttters relMing to ehiM a-bttse ftftdnegleetfor those employees On ftftd ftfter lftnuftry 12014 the bill vvottld reeJtlireinitiftl trftining to be pro vided IV ithin 6 months of the dMe ftn indi vidttftlbeeomes employed in thM eftlfteiry The bill vvouM require theseindividuftls to eomplete eontifttling tminmg every 2 yeMs

By imposing the reporting requirements on a new class of personsfor whom failure to report specified conduct is a crime ftftdby imposingne~ trftining reeJtlirements on publie oIgftfiiZMions ineluding loeftlgOvernment entities this bill would impose a state-mandated localprogram

The Cftlifomift Constittltion reqtlires the stMe to reimbtlfse loeftlftgeneies ftnd sehool distriets for eertftin eosts mftftdMed by the stftteStftttltory pItYvisions esffiblish proeedtlfes for mftkffigthftt reimbtlfsement

This bill hould pro vide thM 4vith regMd to eertftin mftftdfttes noIeimbtlfsement is reeJtlired by this ftet for ft speeified reftson

Vith regftM to ftny other mftndMeS this bill vv0tlM pro vide thM if theCommission on StMe ~bndtltes determines thM the bill eontftins eostsso mftndftted by the stftte reimbttIsement for those eosts shftll be mftdeptlfStlftnt to the stftttltory pro visions noted ttbo ve

The California Constitution requires the state to reimburse localagencies and school districts for certain costs mandated by the stateStatutory provisions establish procedures for making thatreimbursement

This bill would provide that no reimbursement is required by this actfor a specified reason

Vote majority Appropriation no Fiscal committee yesState-mandated local program yes

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 111657 of the Penal Code is amended2 to read3 111657 (a) As used in this article mandated reporter is4 defined as any of the following5 (1) A teacher6 (2) An instructional aide7 (3) A teachers aide or teachers assistant employed by any8 public or private schooL9 (4) A classified employee of any public schooL

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-3- AB 1435

1 (5) An administrative officer or supervisor of child welfare and2 attendance or a certificated pupil personnel employee of any public3 or private school4 (6) An administrator of a public or private day camp

(7) An administrator or employee of a public or private youth6 center youth recreation program or youth organization7 (8) An administrator or employee of a public or private8 organization whose duties require direct contact and supervision9 of children

(9) Any employee of a county office of education or the State11 Department of Education whose duties bring the employee into12 contact with children on a regular basis13 (10) A licensee an administrator or an employee of a licensed14 community care or child day care facility

(11) A Head Start program teacher16 (12) A licensing worker or licensing evaluator employed by a17 licensing agency as defined in Section 111651118 (13) A public assistance worker19 (14) An employee of a child care institution including but not

limited to foster parents group home personnel and personnel of21 residential care facilities22 (15) A social worker probation officer or parole officer23 (16) An employee of a school district police or security24 department

(17) Any person who is an administrator or presenter of or a26 counselor in a child abuse prevention program in any public or27 private school28 (18) A district attorney investigator inspector or local child29 support agency caseworker unless the investigator inspector or

caseworker is working with an attorney appointed pursuant to31 Section 317 of the Welfare and Institutions Code to represent a32 mmor33 (19) A peace officer as defined in Chapter 45 (commencing34 with Section 830) of Title 3 of Part 2 who is not otherwise

described in this section36 (20) A firefighter except for volunteer firefighters37 (21) A physician and surgeon psychiatrist psychologist dentist38 resident intern podiatrist chiropractor licensed nurse dental39 hygienist optometrist marriage and family therapist clinical social

worker professional clinical counselor or any other person who

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AB 1435 -4-

is currently licensed under Division 2 (commencing with Section500) of the Business and Professions Code

(22) Any emergency medical technician I or II paramedic orother person certified pursuant to Division 25 (commencing withSection 1797) of the Health and Safety Code

(23) A psychological assistant registered pursuant to Section2913 of the Business and Professions Code

(24) A marriage and family therapist trainee as defined insubdivision (c) of Section 498003 of the Business and ProfessionsCode

(25) An unlicensed marriage and family therapist internregistered under Section 498044 of the Business and ProfessionsCode

(26) A state or county public health employee who treats a minorfor venereal disease or any other condition

(27) A coroner(28) A medical examiner or any other person who performs

autopsies(29) A commercial film and photographic print processor as

specified in subdivision (e) of Section 11166 As used in thisarticle commercial film and photographic print processor meansany person who develops exposed photographic film into negativesslides or prints or who makes prints from negatives or slides forcompensation The term includes any employee of such a personit does not include a person who develops film or makes prints fora public agency

(30) A child visitation monitor As used in this article childvisitation monitor means any person who for financialcompensation acts as monitor of a visit between a child and anyother person when the monitoring of that visit has been orderedby a court of law

(31) An animal control officer or humane society officer Forthe purposes ofthis article the following terms have the followingmeanings

(A) Animal control officer means any person employed by acity county or city and county for the purpose of enforcing animalcontrol laws or regulations

(B) Humane society officer means any person appointed oremployed by a public or private entity as a humane officer who is

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-5- AB 1435

qualified pursuant to Section 14502 or 14503 of the CorporationsCode

(32) A clergy member as specified in subdivision (d) of Section11166 As used in this article clergy member means a priestminister rabbi religious practitioner or similar functionary of achurch temple or recognized denomination or organization

(33) Any custodian of records of a clergy member as specifiedin this section and subdivision (d) of Section 11166

(34) Any employee of any police department county sheriffsdepartment county probation department or county welfaredepartment

(35) An employee or volunteer of a Court Appointed SpecialAdvocate program as defined in Rule 1424 ofthe California Rulesof Court

(36) A custodial officer as defined in Section 8315(37) Any person providing services to a minor child under

Section 12300 or 123001 of the Welfare and Institutions Code(38) An alcohol and drug counselor As used in this article an

alcohol and drug counselor is a person providing counselingtherapy or other clinical services for a state licensed or certifieddrug alcohol or drug and alcohol treatment program Howeveralcohol or drug abuse or both alcohol and drug abuse is not inand of itself a sufficient basis for reporting child abuse or neglect

(39) A clinical counselor trainee as defined in subdivision (g)of Section 499912 of the Business and Professions Code

(40) A clinical counselor intern registered under Section 499942of the Business and Professions Code

(41) An athletic coach athletic administrator or athletic directoremployed by a public or private organization including but notlimited to schools and instittttions of higher e6ueation thatprovidekindergarten or any of grades 1 to 12 inclusive

(b) Except as provided in paragraph (35) of subdivision (a)volunteers of public or private organizations whose duties requiredirect contact with and supervision of children are not mandatedreporters but are encouraged to obtain training in the identificationand reporting of child abuse and neglect and are further encouragedto report known or suspected instances of child abuse or neglectto an agency specified in Section 111659

(c) Employers are strongly encouraged to provide theiremployees who are mandated reporters with training in the duties

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AB 1435 -6-

imposed by this article This training shall include training in childabuse and neglect identification and training in child abuse andneglect reporting Whether or not employers provide theiremployees with training in child abuse and neglect identificationand reporting the employers shall provide their employees whoare mandated reporters with the statement required pursuant tosubdivision (a) of Section 111665

(d) School districts that do not train their employees specifiedin subdivision (a) in the duties of mandated reporters under thechild abuse reporting laws shall report to the State Department ofEducation the reasons why this training is not provided

(e) Unless otherwise specifically provided the absence oftraining shall not excuse a mandated reporter from the dutiesimposed by this article

(f) Public and private organizations are encouraged to providetheir volunteers whose duties require direct contact with andsupervision of children with training in the identification andreporting of child abuse and neglect

(g) (1) On 6r befure Jttmtary 1 2014 ttll) pttblie 6r privflie6rganizttti6ftemp16ing ttft Mhletie e6tteh Mhletie ttdmimstrltt6r6r Mhletie direet6r ttSspeeified ift pMttgrttph (41) 6f sttbdivisi6ft(tt) shttll pr6 vide iftitittl trttining f6r th6se empl~ ees 6n thefull6vvingmtttters

(A) The identifiettti6n 6f ehild ttbttse ttnd negleet(D) Aeti vities thttt e6ftstitttte inltppr6prittte ttftd illegttl e6ntttet

betiveen tt 6tlth ltftd ltft ttthietie e6tteh Mhletie ttdmiftistrttt6r 6rttthietie direet6r

(6) The resp6nsibilities 6f tt pers6n identified lIStt mttndfliedrep6rter in this seeti6n ineIttding btl ft6t limited t6 ttll 6f thefull6 vving

(i) T6 ~h6m tt rep6rt is reqtlired t6 be mttde(ii) The inf6rmttti6n thttt is reqttired t6 be ifte1ttdedin tt rep6rt(iii) The time vvithiftvvhieha mandated rep6rter is reqttired t6

file tt rep6rt(2) Initittl training shall be pr6vided b perS6ftSkn6vvledgeltble

ift the identifiettti6n 6fehild aettse ttnd negleet inltppf6prittte ltftdillegal e6ntaet bem eena 6ttth and ltftadttIt ltftdstatttt6ry rep6rtingreqttiremeftts ltftdshttll e6nsist 6ftw6 h6ttrs 6felassr66m 6r 6therinteraetive trainiftg ltftdedttettti6n

95

-7- AB 1435

1 (h) Commeneing on fmd aftel Jfmtlftry12014 fmofgfmization2 speeified in sttbdivision (g) shaHpro ide initial training within six3 months of the date that fm individtutl beeomes empleryed as an4 Mhletie eoaeh athletie administrator or athletie direetor ttnless5 the indi idttal reeei ed training Hithin tw0 years prior to the date6 the indi idtlal is empleryed An Mhletie eoaeh athletie7 administrator or athletie direetor Hho has leeeied initial training8 ptlfStlafttto sttbdiision (g) shall eomplete eontifttling training9 thereafter onee eery two years eonsisting of one hottf of

10 elassroom or other interaeti e training fmd edtteation11 SEC 2 No reimbtlrsement is reqtlired by this aet pttfStlafttto12 Seetion 6 ofArtiele )GIlD of the California Constitution for eertain13 eosts that may be inetllTed by a loeal ageney or sehool distriet14 beeatlse ift that regard this aet ereates a nev erime or infraetion15 eliminates a erime or infraetion or ehfmges the penalty fOfa erime16 or inflaetion Hithin the meaning of Seetion 17556 of the17 Goemment Code or ehanges the definition ofa elime Hithin the18 meaning of Seetion 6 of Aniele XIII D of the Califomia19 Constitution20 IIo~eer if the Commission on State Mfmdates determines that21 this aet eontainsother eosts mfmdated by the state reimbttfsement22 to loeal ageneies fmd sehool distliets for those eosts shall be made23 ptlfStlafttto Part 7 (eommeneing Hith Seetion 17500) of Division24 4 of Title 2 of the Goemment Code25 SEC 2 No reimbursement is required by this act pursuant to26 Section 6 of Article XIII B of the California Constitution because27 the only costs that may be incurred by a local agency or school28 district will be incurred because this act creates a new crime or29 infraction eliminates a crime or infraction or changes thepenalty30 for a crime or infraction within the meaning of Section 17556 of31 the Government Code or changes the definition of a crime within32 the meaning of Section 6 of Article XIII B of the California33 Constitution

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AB 1904 Assembly Bill Status

MEASURE AUTHOR(S)TOPIC

HOUSE

CURRENT BILL STATUS

AB No 1904Block Butler and

Professions and vocationslicenses

LOCATION

Cookmilitary spouses temporary

TYPE OF BILL

SEN

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyAppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpub11-12billasmab _1901-1950ab _1904_ bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes Noes OOPASS17

An act to add Section 1155 to the Business andProfessions Code relating to professions and vocationsand making an appropriation therefor

-

AB 1588 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1588AUTHOR(S) Atkins (Principal coauthors Cook and Nielsen)

(Coauthors Block Beth Gaines Pan V Manuel PerezWilliams and Yamada)

TOPIC Professions and vocations reservist licensees fees andcontinuing education

HOUSE LOCATION SEN+LAST AMENDED DATE 03052012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS forLAST

LAST

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

TITLE An act to add Section 1143 to the Business andProfessions Code relating to professions and vocations

htlpllwwwleginfocagovpubll-12Ibillasmlab _1551-1600ab _1588 _bill_20120601_statu 652012

middot

AMENDED IN ASSEMBLY MARCH 5 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1588

Introduced by Assembly Member Atkins(Principal coauthors Assembly Members Cook and Nielsen)

(Coauthors Assembly Members Block Beth Gaines PanV Manuel Perez Williams and Yamada)

February 6 2012

An act to add Section 1143 to the Business and Professions Coderelating to professions and vocations

LEGISLATIVE COUNSELS DIGEST

AB 1588 as amended Atkins Professions and vocations reservistlicensees fees and continuing education

Existing law provides for the regulation of various professions andvocations by boards commissions or bureaus within the Departmentof Consumer Affairs and for the licensure or registration of individualsin that regard Existing law authorizes any licensee whose licenseexpired while he or she was on active duty as a member of the CaliforniaNational Guard or the United States Armed Forces to reinstate his orher license without examination or penalty if certain requirements aremet

This bill would require the boards commissions or bureaus describedabove to waive the renewal fees and continuing education requirementsif either is applicable of any licensee or registrant who is a reservistcalled to active duty as a member of the United States Military Reserveor the California National Guard if certain requirements are met

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

98

AB 1588 -2-

Thepeople of the State of Califomi a do enact asfollows

1 SECTION 1 Section 1143 is added to the Business and2 Professions Code to read3 1143 Notwithstanding any other provision oflaw everyboard4 commission or bureau within the department shall waive the5 renewal fees and continuing education requirements if either is6 applicable for any licensee or registrant who is a reservist called7 to active duty as a member of the United States Military Reserve8 or the California National Guard if all of the following9 requirements are met

10 (a) The licensee or registrant was in good standing with the11 board commission or bureau at the time the reservist was called12 to active duty13 (b) The renewal fees or continuing education requirements are14 waived only for the period during which the reservist is on active15 duty service16 (c) The active duty reservist or the active duty reservists spouse17 or registered domestic partner provides written notice satisfactory18 to the board commission or bureau that substantiates the19 reservists active duty service

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98

AB 1896 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1896AUTHOR(S) ChesbroTOPIC Tribal health programs health care practitionersHOUSE LOCATION SEN+LAST AMENDED DATE 03272012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATIONCOMM ACTION DATECOMM ACTIONCOMM VOTE SUMMARY

ASM

05172012Referred to Com on B P amp EDBUSINESS PROFESSIONS AND CONSUMER PROTECTION04102012

Do passAyes 09 Noes OOPASS

TITLE An act to amend the heading of Article 10 (commencingwith Section 710) of Chapter 1 of Division 2 of and toadd Section 719 to the Business and Professions Coderelating to healing arts

httpwwwleginfocagovpubI11-12lbillasmab_1851-1900ab_1896_bill_20120517 _statu 652012

-

AMENDED IN ASSEMBLY MARCH 27 2012

CALIFORNIA LEGISLATURE-20II-12 REGULAR SESSION

ASSEMBLY BILL No 1896

Introduced by Assembly Member Chesbro

February 222012

An act to amend the heading of Article 10 (commencing with Section710) of Chapter 1 of Division 2 of and to add Section 719 to theBusiness and Professions Code relating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1896 as amended Chesbro Tribal health programs health carepractitioners

Under existing federal law licensed health professionals employedby a tribal health program are required to be exempt if licensed in anystate from the licensing requirements of the state in which the tribalhealth program performs specified services A tribal health program isdefined as an Indian tribe or tribal organization that operates any healthprogram service function activity or facility funded in whole or partby the Indian Health Service

Existing law provides for the licensure and regulation of health carepractitioners by various healing arts boards within the Department ofConsumer Affairs

This bill would codify that federal requirement by specifying that aperson who is licensed as a health care practitioner in any other stateand is employed by a tribal health program is exempt from any statelicensing requirement with respect to acts authorized under thepersonslicense where the tribal health program performs specified services

Vote majority Appropriation no Fiscal committee noState-mandated local program no

98

AD 1896 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 The heading of Article 10 (commencing with2 Section 710) of Chapter 1 of Division 2 of the Business and3 Professions Code is amended to read456789

101112131415161718192021

Article 10 Federal Personnel and Tribal Health Programs

SEC 2 Section 719 is added to the Business and ProfessionsCode to read

719 (a) A person who is licensed as a health care practitionerin any other state and is employed by a tribal health program asdefined in Section 1603 of Title 25 of the United States Code shallbe exempt from any licensing requirement described in this divisionwith respect to acts authorized under the persons license wherethe tribal health program performs the services described in thecontract or compact of the tribal health program under the IndianSelf-Determination and Education Assistance Act (25 USC Sec450 et seq)

(b) For purposes of this section health care practitioner meansany person who engages in acts that are the subject of licensureor regulation under this division or Ml) initiative 8et referred to inthis division the law of any other state

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98

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1904

Introduced by Assembly Members Block Butler and Cook

February 222012

An act to add Section 1155 to the Business and Professions Coderelating to professions and vocations and making an appropriationtherefor

LEGISLATIVE COUNSELS DIGEST

AB 1904 as introduced Block Professions and vocations militaryspouses temporary licenses

Existing law provides for the licensure and regulation of variousprofessions and vocations by boards within the Department of ConsumerAffairs Existing law provides for the issuance of reciprocal licenses incertain fields where the applicant among other requirements has alicense to practice within that field in another jurisdiction as specifiedUnder existing law licensing fees imposed by certain boards withinthe department are deposited in funds that are continuously appropriated

This bill would authorize a board within the department to issue atemporary license to an applicant who among other requirements holdsan equivalent license in another jurisdiction as specified and is marriedto or in a legal union with an active duty member of the Armed Forcesofthe United States who is assigned to a duty station in California underofficial active duty military orders The bill would require a board toexpedite the process for issuing these temporary licenses The bill wouldrequire the applicant to pay any fees required by the board and wouldrequire that those fees be deposited in the fund used by the board toadminister its licensing program To the extent that the bill would

99

AB 1904 -2-

increase the amount of money deposited into a continuously appropriatedfund the bill would make an appropriation

Vote majority Appropriation yes Fiscal committee yesState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 1155 is added to the Business and2 Professions Code to read3 1155 (a) A board within the department may issue a4 temporary license to an applicant who meets all of the following5 requirements6 (l) Submits an application in the manner prescribed by the7 board8 (2) Supplies evidence satisfactory to the board that the applicant9 is married to or in a domestic partnership or other legal union

10 with an active duty member of the Armed Forces of the United11 States who is assigned to a duty station in this state under official12 active duty military orders13 (3) Holds a current license in another state district or territory14 of the United States with the requirements that the board determines15 are substantially equivalent to those established under this code16 for that occupation17 (4) Has not committed an act in anyjurisdiction that would have18 constituted grounds for denial suspension or revocation of the19 license under this code at the time the act was committed20 (5) Has not been disciplined by a licensing entity in another21 jurisdiction and is not the subject of an unresolved complaint22 review procedure or disciplinary proceeding conducted by a23 licensing entity in another jurisdiction24 (6) Pays any fees required by the board Those fees shall be25 deposited in the applicable fund or account used by the board to26 administer its licensing program27 (7) Submits fingerprints and any applicable fingerprinting fee28 in the manner required of an applicant for a regular license29 (b) A board shall expedite the procedure for issuing a temporary30 license pursuant to this section31 (c) A temporary license issued under this section shall be valid32 for 180 days except that the license may at the discretion of the

99

-3- AB 1904

I board be extended for an additional180-day period on application2 of the license holder3 (d) A board may adopt regulations necessary to administer this4 section

o

99

AB 1932 Assembly Bill Status

MEASURE AUTHOR(S)TOPICHOUSE+LAST

CURRENT BILL STATUS

AB No 1932Gorell (Coauthor Cook)

United States armed services healing arts boardsLOCATION SENAMENDED DATE 04172012

TYPE OF BILL

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpubI11-12Ibillasmab_1901-1950ab_1932_bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

An act to add Section 7102 to the Business andProfessions Code relating to healing arts

-

AMENDED IN ASSEMBLY APRIL 172012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1932

Introduced by Assembly Member-Ceek Gorell(Coauthor Assembly Member Cook)

February 222012

An act to add Section 7102 to the Business and Professions Coderelating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1932 as amended euroook Gorell United States armed serviceshealing arts boards

Existing law provides for the licensure and regulation of varioushealing arts professions and vocations by boards within the Departmentof Consumer Affairs Existing law requires the rules and regulations ofthese healing arts boards to provide for methods of evaluating educationtraining and experience obtained in military service if such training isapplicable to the requirements of the particular profession or vocationregulated by the board Under existing law the Department of VeteransAffairs has specified powers and duties relating to various programsserving veterans

This bill would require by January 12014 and annually thereafterevery healing arts board to issue a specified written report to theDepartment of Veterans Affairs and the Legislature as specified thatclearly details the methods of evaluating the education training andexperience obtained in military service and whether that educationtraining and experience is applicable to the boards requirements forlicensure The bill would declare the intent of the Legislature in thisregard

98

AB 1932 -2-

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 710 of the Business and Professions Code2 was enacted in 1969 and because healing arts boards have not3 demonstrated significant compliance with that section it is the4 intent of the Legislature to establish an annual reporting5 requirement to compel these boards to provide information about6 the methods of evaluating education training and experience7 obtained in military service in order to meet the needs of the8 upcoming wave of armed service members returning to civilian9 life

10 SEC 2 Section 7102 is added to the Business and Professions11 Code to read12 7102 (a) By January 12014 and annually thereafter every13 healing arts board described in this division shall issue a written14 report to the Department of Veterans Affairs and to the Legislature15 that clearly details the methods of evaluating the education16 training and experience obtained in military service and whether17 that education training and experience is applicable to the boards18 requirements for licensure This written report shall include but19 not be limited to quantitative information about the number of20 service members who have applied for and have used their military21 education training and experience to fulfill the boards22 requirements for licensure23 (b) (1) The requirement to submit a report to the Legislature24 under subdivision (a) shall be inoperative on January 1 201825 pursuant to Section 102315 of the Government Code26 (2) A report to the Legislature shall be submitted in compliance27 with Section 9795 of the Government Code

o

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      • AGENDA ITEM 4
      • DISCUSSION AND POSSIBLE ACTION REGARDING PENDING LEGISLATION
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                  • AB 171 Assembly Bill- Status
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                                                                                                                                                                                          • AB 958 Assembly Bill- Status
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                                                                                                                                                                                                                                                  • middot AB 1588 Assembly Bill- Status
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Page 28: DISCUSSION ANDPOSSIBLE ACTION REGARDING PENDING … · 2012-06-14  · Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of2010 (PublicLaw 111-152)

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reporter to the party bringing the action Subdivision (h) of Section15630 shall not apply to violations of this section

(g) (1) The civil penalty provided for in subdivision (f) shallbe recovered only in a civil action brought against the financialinstitution by the Attorney General district attorney or countycounsel No action shall be brought under this section by anyperson other than the Attorney General district attorney or countycounsel Multiple actions for the civil penalty may not be broughtfor the same violation

(2) Nothing in the Financial Elder Abuse Reporting Act of2005shall be construed to limit expand or otherwise modify any civilliability or remedy that may exist under this or any other law

(h) As used in this section suspected financial abuse of anelder or dependent adult occurs when a person who is requiredto report under subdivision (a) observes or has knowledge ofbehavior or unusual circumstances or transactions or a pattern ofbehavior or unusual circumstances or transactions that would leadan individual with like training or experience based on the samefacts to form a reasonable belief that an elder or dependent adultis the victim of financial abuse as defined in Section 1561030

(i) Reports of suspected financial abuse of an elder or dependentadult made by an employee or officer of a financial institutionpursuant to this section are covered under subdivision (b) of Section47 of the Civil Code

SEC 3 Section 15633 of the Welfare and Institutions Codeas amended by Section 5 of Chapter 140 of the Statutes of 2005is amended to read

15633 (a) The reports made pursuant to Sections 15630156301 and 15631 shall be confidential and may be disclosedonly as provided in subdivision (b) Any violation of theconfidentiality required by this chapter is a misdemeanorpunishable by not more than six months in the county jail by afine of five hundred dollars ($500) or by both that fine andimprisonment

(b) Reports of suspected abuse of an elder or dependent adultand information contained therein may be disclosed only to thefollowing

(1) Persons or agencies to whom disclosure of information orthe identity of the reporting party is permitted under Section156335

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(2) (A) Persons who are trained and qualified to serve onmultidisciplinary personnel teams may disclose to one anotherinformation and records that are relevant to the preventionidentification or treatment of abuse of elderly or dependentpersons

(B) Except as provided in subparagraph (A) any personnel ofthe multidisciplinary team or agency that receives informationpursuant to this chapter shall be under the same obligations andsubject to the same confidentiality penalties as the persondisclosing or providing that information The information obtainedshall be maintained in a manner that ensures the maximumprotection of privacy and confidentiality rights

(c) This section shall not be construed to allow disclosure ofany reports or records relevant to the reports of abuse of an elderor dependent adult if the disclosure would be prohibited by anyother provisions of state or federal law applicable to the reports orrecords relevant to the reports of the abuse nor shall it be construedto prohibit the disclosure by a financial institution of any reportsor records relevant to the reports of abuse of an elder or dependentadult if the disclosure would be required of a financial institutionby otherwise applicable state or federal law or court order

(d) This seetion shall remain in dIcet on) tmtilJantmry I 2813and as of that date is repealed unless a later enaeted statute thatis enaeted before JMlt1ary12813 deletes or extends that date

SEC 4 Section 15633 of the Welfare and Institutions Codeas added by Section 6 of Chapter 140 of the Statutes of 2005 isrepealed

15633 (a) The leports made ptlrstlMlt to Seetions 15638 and15631 shall be eonndential and may be diselosed on) as pro videdin stlbdivision (b) AIl) violation of the eonfidetttialrt reqtliredbythis ehapter is a misdemeanor ptlnishable bynot more than sixmoftths in the eounry jail b)l a nne ofn Vehundred dollars ($588)or byboth that nne and imprisonment

(b) Reports of stlspeeted elder 01 dependent adttlt abttse andinfenmation eontained therein may be diselosed only to thefollo vving

(1) Persons or ageneies to vvhomdiselostlfe of information orthe identity of the reporting pMty is permitted tlnder Seetion156335

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(2) EA) Persems who Me trftined Md qtlftlified to sene onmtlltidiseiplinftfjf persoflftel teftll1smfty diselose to one Mlotherinfermtttion Md reeords thftt Me relevflnt to the preventionidentifiefttion or trefttment of ftbttse of elderly or dependentpersons

EB) Exeept ftSpro vided in SMpMftgrftph EA) Mly personnel ofthe ftltlltidiseiplinftry teftftl or ftgeney thftt reeeives informfttionptlrstlftnt to this ehflPtel shftH he tinder the sftme ohligfttions ftndsttbjeet to the sftme eonfidentiftlity penftlties ftS the pelsondisdosing or pro viding thftt infermfttion The informfttion ohtftinedshftH he mftintftined in ft ftlftflfter thftt enstlfes the ftlftXimttmproteetion ofprivftey ftnd eonfidentiftlity rights

Ee) This seetion shftH not he eonstftled to ftHo diselostlfe ofMy reports or reeords rde vMit to the reports of elder or dependentftdttlt ftbttse if the disdostlfe votlld he prohibited hy My other110visions of stftte or federftllft bullbull ftppliefthle to the reports or reeordsrele vftnt to the reports of the flbttse

Ed) This seetion shftH heeome operftti ve on Jftntlftry I 2013SEC 5 Section 15634 of the Welfare and Institutions Code

as amended by Section 7 of Chapter 140 of the Statutes of 2005is amended to read

15634 (a) No care custodian clergy member healthpractitioner mandated reporter of suspected financial abuse of anelder or dependent adult or employee of an adult protectiveservices agency or a local law enforcement agency who reports aknown or suspected instance of abuse of an elder or dependentadult shall be civilly or criminally liable for any report requiredor authorized by this article Any other person reporting a knownor suspected instance of abuse of an elder or dependent adult shallnot incur civil or criminal liability as a result of any reportauthorized by this article unless it can be proven that a false reportwas made and the person knew that the report was false No personrequired to make a report pursuant to this article or any persontaking photographs at his or her discretion shall incur any civil orcriminal liability for taking photographs of a suspected victim ofabuse of an elder or dependent adult or causing photographs to betaken of such a suspected victim or for disseminating thephotographs with the reports required by this article Howeverthis section shall not be construed to grant immunity from thisliability with respect to any other use of the photographs

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(b) No care custodian clergy member health practitionermandated reporter of suspected financial abuse of an elder ordependent adult or employee of an adult protective services agencyor a local law enforcement agency who pursuant to a request froman adult protective services agency or a local law enforcementagency investigating a report of known or suspected abuse of anelder or dependent adult provides the requesting agency withaccess to the victim of a known or suspected instance of abuse ofan elder or dependent adult shall incur civil or criminal liabilityas a result of providing that access

(c) The Legislature finds that even though it has providedimmunity from liability to persons required to report abuse of anelder or dependent adult immunity does not eliminate thepossibility that actions may be brought against those persons basedupon required reports of abuse In order to further limit the financialhardship that those persons may incur as a result of fulfilling theirlegal responsibilities it is necessary that they not be unfairlyburdened by legal fees incurred in defending those actionsTherefore a care custodian clergy member health practitioneror an employee of an adult protective services agency or a locallaw enforcement agency may present to the StMe B6Md 6pound C6ntr61California Victim Compensation and Government Claims Boarda claim for reasonable fttt6meys attorneys fees incurred in anyaction against that person on the basis of making a report requiredor authorized by this article if the court has dismissed the actionupon a demurrer or motion for summary judgment made by thatperson or if he or she prevails in the action The StMe B6ftrd 6fC6ntr61 California Victim Compensation and Government ClaimsBoard shall allow that claim if the requirements ofthis subdivisionare met and the claim shall be paid from an appropriation to bemade for that purpose Att6mey s Attorneys fees awarded pursuantto this section shall not exceed an hourly rate greater than the ratecharged by the Attorney General at the time the award is madeand shall not exceed an aggregate amount of fifty thousand dollars($50000) This subdivision shall not apply if a public entity hasprovided for the defense of the action pursuant to Section 995 ofthe Government Code

(d) This seeti6n shftll remftin in dfeet 6ttly tmtil J8fttlfll)1 2013ftnd ftS6pound thftt dMe is repeftled wIess ft IMer enfteted stMute thMis en8eted before Jftftt18ry12013 deletes 6r extends thM dMe

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SEC 6 Section 15634 of the Welfare and Institutions Codeas amended by Section 711 ojChapter 538 of the Statutes oj2006is repealed

15634 eft) No eMe etlstodimt ele~ member hea-lthpraetitioner or employee of an adttlt proteeti-ve serviees ageneyor a loeal larn enforeement ageney who reports a lrnown orsttspeeted instanee of elder or dependent adtllt abtlse shaHbe eiviHyor eriminalry liable for any report reqttired or attthorizedby thisartiele Any other peIson reporting a lrnOWfior stlspeeted instaneeof elder or dependeItt adttIt abtlse shall not inettr ei vil or eriminalliability as a restllt of any report attthorizedby this artiele ttnlessit ean be pro ven that a false report was made and the person knewthat the report vvasrelse gteJoperson reqtlired to make a reportptlrstlant to this artiele or any person taking photographs at his orher diseretion shall inettr any eivii or eriminalliability fer takingphotographs of a stlspeeted vietim of elder or dependent adtlltabtlse or eattsing photographs to be taken of the stlspeeted vietimor fOIdisseminating the photographs with the reports reqtlired bythis artiele However this seetion shall not be eonstmed to gIantimmttnity from this liability vvithrespeet to any other tlse of thephotographs

(b) No eMe etlstodian el~ member health praetitioner oremployee of an adtlIt proteetive seniees ageney or a loea-l lawenfereemeItt ageney who pttrsttant to a reqtlest from an adttltproteeti-ie seniees ageney or a loeal lavI enforeemeItt ageneyinvestigating a report of lrnOViftor stlspeeted elder or dependentadtllt abtlse proides the reqtlesting ageney with aeeess to thevietim of a lrnovvnor stlspeeted instanee of elder or dependeIttadttlt abtlse shall inettr eiviI or eriminal liability as a restlIt ofpro viding that aeeess

ee) The Legislatttre finds that even thOtlgh it has pIOvidedimmtlnity from liability to peIsons reqtlired to report elder ordependent mit abttse immtlIlity does not eliminate the possibilitythat aetions may be brotlght agamst those persons based tlJ0nreqtlired reports of abtlse In order to fttrther limit the finaneialhardship that those persons may inettr as a resttIt offttlfilling theirlegal responsibilities it is neeessary that they not be tlftreirlybttrdened by legal fees inetlffed in defending those aetionsTherefore a eMeetlstodian ele~ member health praetitioneror employee ofan adttlt proteetive seniees ageney or a loeallffi7t

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enfOieement agene)l ma) present to the CalifeJmia VietimCempensatien and Geemment Claims BeMd a elaim feJrreasenable atteme)s fees inetJifedin any aetien agffinstthat persenen the basis efmMcinga repert reqtlired er attth6rizedb)l this Mtieleif the eeM has dismissed the aetien t1pen a demtlffer el metienfur sttmillM)lj tldgment made b that persen el ifhe er she preailsin the aetien The Califumia Vietim Cempensatien andGeemment Claims Beard shall allew that ehtim if thereqtlirements ef this sttbdi isien Me met and the elaim shall bepaid fl6man fllprepriatien te be made fur that ptllpese Atteme) sfees aarded ptliStlMltto this seetien shall net exeeedan hetlilyrate greater than the late eharged b the Attemey General at thetime the aard is made and sh8llnet exeeedan aggregate amettllteffitty thetlsanBdellMs ($50000) This sttbdF isien shall net applyif a pttblie enti) has pmbullided fer the defense ef the aetien ptlistlantte Seetien 995 ef the Ge emment Cede

(6) This seetien shall beeeme eperatie en JMttlM)12013SEC 7 Section 15640 of the Welfare and Institutions Code

as amended by Section 9 of Chapter 140 of the Statutes of2005is amended to read

15640 (a) (1) An adult protective services agency shallimmediately or as soon as practically possible report by telephoneto the law enforcement agency having jurisdiction over the caseany known or suspected instance of criminal activity and to anypublic agency given responsibility for investigation in thatjurisdiction of cases of elder and dependent adult abuse everyknown or suspected instance of abuse pursuant to Section 15630or 156301 of an elder or dependent adult A county adult protectiveservices agency shall also send a written report thereof within twoworking days of receiving the information concerning the incidentto each agency to which it is required to make a telephone reportunder this subdivision Prior to making any cross-report ofallegations of financial abuse to law enforcement agencies anadult protective services agency shall first determine whether thereis reasonable suspicion of any criminal activity

(2) If an adult protective services agency receives a report ofabuse alleged to have occurred in a long-term care facility thatadult protective services agency shall immediately inform theperson making the report that he or she is required to make thereport to the long-term care ombudsman program or to a local law

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enforcement agency The adult protective services agency shallnot accept the report by telephone but shall forward any writtenreport received to the long-term care ombudsman

(b) If an adult protective services agency or local lawenforcement agency or ombudsman program receiving a report ofknown or suspected elder or dependent adult abuse determinespursuant to its investigation that the abuse is being committed bya health practitioner licensed under Division 2 (commencing withSection 500) of the Business and Professions Code or any relatedinitiative act or by a person purporting to be a licensee the adultprotective services agency or local law enforcement agency orombudsman program shall immediately or as soon as practicallypossible report this information to the appropriate licensingagency The licensing agency shall investigate the report in lightof the potential for physical harm The transmittal of informationto the appropriate licensing agency shall not relieve the adultprotective services agency or local law enforcement agency orombudsman program of the responsibility to continue its owninvestigation as required under applicable provisions of law Theinformation reported pursuant to this paragraph shall remainconfidential and shall not be disclosed

(c) A local law enforcement agency shall immediately or assoon as practically possible report by telephone to the long-termcare ombudsman program when the abuse is alleged to haveoccurred in a long-term care facility or to the county adultprotective services agency when it is alleged to have occurredanywhere else and to the agency given responsibility for theinvestigation of cases of elder and dependent adult abuse everyknown or suspected instance of abuse of an elder or dependentadult A local law enforcement agency shall also send a writtenreport thereof within two working days of receiving the informationconcerning the incident to any agency to which it is required tomake a telephone report under this subdivision

(d) A long-term care ombudsman coordinator may report theinstance of abuse to the county adult protective services agencyor to the local law enforcement agency for assistance in theinvestigation of the abuse if the victim gives his or her consent Along-term care ombudsman program and the Licensing andCertification Division ofthe State Department ofIIealth SeI ieesPublic Health shall immediately report by telephone and in writing

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1 within two working days to the bureau any instance of neglect2 occurring in a health care facility that has seriously harmed any3 patient or reasonably appears to present a serious threat to the4 health or physical well-being of a patient in that facility If a victim5 or potential victim of the neglect withholds consent to being6 identified in that report the report shall contain circumstantial7 information about the neglect but shall not identify that victim or8 potential victim and the bureau and the reporting agency shall9 maintain the confidentiality of the report until the report becomes

lOa matter of public record11 (e) When a county adult protective services agency a long-term12 care ombudsman program or a local law enforcement agency13 receives a report of abuse neglect or abandonment of an elder or14 dependent adult alleged to have occurred in a long-term care15 facility that county adult protective services agency long-term16 care ombudsman coordinator or local law enforcement agency17 shall report the incident to the licensing agency by telephone as18 soon as possible19 (f) County adult protective services agencies long-term care20 ombudsman programs and local law enforcement agencies shall21 report the results of their investigations of referrals or reports of22 abuse to the respective referring or reporting agencies23 Eg) This seeti6n shall remain in dIcet 6ny tlfttilJ~ 1201324 and as 6f that date is repealed unless a later enaeted stMttte that25 is enaeted bef6re Janttary 12013 deletes 6r extends that date26 SEC 8 Section 15640 of the Welfare and Institutions Code27 as added by Section 10 of Chapter 140 of the Statutes of 2005 is28 repealed 29 15640 Ea) E1) An adult pr6teeti e sen iees ageney shall30 immediate) 6r as S66nas praetieal) p6ssible rep6rt 0 te1eph6ne31 t6 the la~ enf6reement ageney haing jttrisdieti6n 6er the ease32 an kntMfl6r suspeeted instanee 6f eriminal aeth it) and t6 any33 pttblie agene gien resp6nsibilit) f6r illestigMi6n in that34 jurisdieti6n 6f eases 6f elder and dependent adttlt abuse eery35 kfl6n6r suspeeted instanee 6f aetlse purstlant t6 Seeti6n 1563036 6f an elder 6r dependent adttlt A e6t11ltyadttlt pr6teeti e sen iees37 ageney shall als6 send a TV ritten rep6rt there6f Vv ithin ti 6 V 6rking38 days 6f reeeiving the inwrmati6n e6neeming the ineident t6 eaeh39 ageney t6 vv hieh it is reqtlired t6 make a teleph6ne Iep6rt tlftder40 this subdiisi6n Pri6r t6 making an er6SSIep6rt 6f allegati6ns

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offilumeial abttse to lavvenforeemertt a-geneiesMladult proteetFesen iees agene) shaH first determine whether there is reasonablesuspieion of tmJ eriminM aeti vit

(2) If an adult proteeti ve sen iees agene) reeei ves a report ofabttse alleged to ha ve oeettlTed in a long teml eare faeilit) thatadttlt proteeti ve sen iees ageney shall immediate) infoml theperson making the report that he or she is required to make thereport to the long term eare ombttdsman program 01 to aloeallawenforeemertt a-geneyThe adttlt proteeti ve sen iees agene) shallnot aeeept the report b) telephone btlt shall fonvMd flit) vvTittenreport leeehed to the long teml eare ornbtldsman

(b) If an adtllt proteetive seniees ageney or loeal lawenforeement agene) or ornbtldsman program reeei vinga report ofkftovm or stlspeeted elder or dependent adttlt MtlSe determinespttrstlartt to its inYestigationthat the flbttseis being eommitted bya health 11aetitioner lieensed tlftder Division 2 (eonJffieneingwithSeetion 500) of the Btlsiness flftdProfessions Code or flit) lelatedinitiatiye aet or by a person ptlrporting to be a lieensee the adtlltproteetive seniees a-gene) or loeallaw enforeement agene) orombttdsman program shall immediate) or as soon as praetieall)possible report this mformation to the appropriate lieensingagene) The lieensing agene) shall investigate the report in lightof the poterttial fur ph) sieal hamlThe trMlsmittfllof informationto the appropriate lieensing agene) shall not relieve the adtlltproteethe serviees agene) or loeallaw enforeement agene) orornbtldsmflft program of the responsibility to eorttinue its 0~vninvestigation as reqttired tlftder applieable provisions of law Theinformation reported pttrstlant to this paragraph shall remaineoniiderttial flItdshfl11not be diselosed

(e) A loealla bullbull enforeement agefte) shall immediate) or assoon as praetieal) possible report b) telephone to the long termeare ombtldsman program bullbullhen the abtlse is alleged to haveoeetllTed in a long term eare faeilit) or to the eotlnt) adttltproteetive seniees agene) bullbullhen it is alleged to have oeeUlfedan) vvhere else flftd to the agene) gh en responsibilit) for theinvestigation of eases of elder and dependent adttlt abtlse everykftovm or stlspeeted instflftee of MtlSe of an elder or dependerttadttlt A loeallaw enforeement ageney shall also send a Ylfittenreport thereof bullbullithin ftv0 vvorking dfl)s ofreeei ving the infomlation

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eoneeming the ineident to an agenC) to vvhieh it is reqtlired toftutke a telephone report tlIlderthis stlbdh ision

Ed) A long tenn eare ombttdsman eoordinator mll) report theinstlllleeof abtlse to the eot1llryadttlt proteetive seniees ageneyor to the loeal la bullbull enforeement agenC) for assistlllleein theinvestigationof the abttse if the vietim gives his or her eonsent Along tenn eMe ombtldsmllllprogram llIldthe Lieensing llIldCertifieation Division of the State DepMtment ofIIealth Senieesshall immediately report b telephone llIldin vvriting vvithin hiv0tv orkingdll) s to the bm eatl an instlllleeof negleet oeet1ffingin ahealth eare faeiliry that has seriotlsl hMmed an patient orreasonably appeMs to present a seriotls threat to the health orph sieal vvell being of a patient in that ffteiliry If a J ietim orpotential TV ietim of the neglect vithholds eonsent to being identifiedin that report the report shall eontain eirettmstlllltialinformationabom the negleet bm shall not identif) that vietim or potentialvietim and the bttreatl llIldthe reporting agenC) shall maintain theeoniidentialiry of the report tlntil the report beeomes a matter ofptlblie reeord

Ee) hen a eotlllryadttlt proteeti ve sen iees agenC) a long termeare ombtldsman program or a loeal la enforeement ageneyreeeives a report ofabttse negleet or ablllldonmentofllllelder ordependent adttlt alleged to have oeet1ffedin a long term earefaeiliry that eotlnty adtllt proteeti ve sen iees agenC) long termeare ombtldsmlllleoordinator or loeallavv enforeement ageneyshall report the ineident to the lieensing agene b telephone assoon as possible

ED COtl1lt)adtllt proteetive seniees ageneies long term eareombttdsman programs and 10ea1lavvenforeement ageneies shallreport the restllts of their investigations of referrals or reports ofabtlse to the respeetive referring or reporting ageneies

Eg) This seetion shall beeome operative on JllIlt1flry12013SEC 9 Section 156555 of the Welfare and Institutions Code

as amended by Section 11 of Chapter 140 of the Statutes of 2005is amended to read

156555 A county adult protective services agency shallprovide the organizations listed in paragraphs (v) (w) and (x) ofSection 1561017 and mandated reporters of suspected financialabuse of an elder or dependent adult pursuant to Section 156301with instructional materials regarding abuse and neglect of an elder

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1 or dependent adult and their obligation to report under this chapter2 At a minimum the instructional materials shall include the3 following4 (a) An explanation of abuse and neglect of an elder or dependent

adult as defined in this chapter6 (b) Information on how to recognize potential abuse and neglect7 of an elder or dependent adult8 (c) Information on how the county adult protective services9 agency investigates reports of known or suspected abuse and

neglect11 (d) Instructions on how to report known or suspected incidents12 of abuse and neglect including the appropriate telephone numbers13 to call and what types of information would assist the county adult14 protective services agency with its investigation of the report

(e) This seetion shall remain in eifcet only tlfttil Jflfttlttry 1 201316 and as of that date is repealed tmless a later enaeted stattlte that17 is enaeted before Jafttlttry 12013 deletes or extends that date18 SEC 10 Section 156555 of the Welfareand Institutions Code19 as amended by Section 712 of Chapter 538 of the Statutes of2006

is repealed21 156555 A eottftt) achtlt proteetive serviees agene) shall22 pmvide the organi2ations listed in paragraphs (v) (vv) and Ex) of23 Seetion 1561017 with instItletional materials regarding elder and24 dependent achtlt abtlse and negleet and their obligation to report

under this ehapter At a minimum the instruetional materials shall26 inelude the follovving27 (a) An explanation of elder and dependent achtlt abuse and28 negleet as defined in this ehapter29 (b) Information on how to reeogni2e potential elder and

dependent achtlt abuse and negleet31 (e) Information on ho vIthe eottftt) achtlt proteeti ve serv iees32 agene) investigates reports of knovm or suspeeted abuse and33 negleet34 (d) Instmetions on hovv to report ]movvn or suspeeted ineidents

of abuse and negleet ineltlding the appropriate telephone llt11llbers36 to eall and what rypes of information vvould assist the eount) adult37 proteetirv e sen iees agene) with its in (estigation of the report38 (e) This seetion shall beeome operati e on January I 20 13

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AB 608 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 608Pan

Health care coverage telemedicine

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to health care

httpwww1eginfocagovpubII-12Ibillasmab_0601-0650ab _608_ bill_ 20120201_status 652012

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AB 783 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 783AUTHOR(S) HayashiTOPIC Professional corporations licensed physical therapists

and occupational therapists+LAST AMENDED DATE 04072011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

COMMCOMMCOMM

HIST ACT DATEHIST ACTION

From committeeRule 62(a)

LOCATION SENACTION DATEACTION

06282011In committee Set second hearing Failed passagewithout further action pursuant to Joint

LASTLAST

BUSINESS PROFESSIONS AND ECONOMIC DEVELOPMENT06272011

Set second hearing Failed passage in Committee

TITLE An act to amend Section 2406 of the Business andProfessions Code and to amend Section 134015 of theCorporations Code relating to professional corporations

httpwwwleginfocagovpub11-12billasmab_0751-0800ab_783_bill_20111115_status 652012

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AMENDED IN ASSEMBLY APRIL 7 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 783

Introduced by Assembly Member Hayashi

February 172011

An act to amend Section 2406 of the Business and Professions Codeand to amend Section 134015 of the Corporations Code relating toprofcssiemal eorporations and deelaring the mgeney thereof to tttkeeffeet immediatelyprofessional corporations

LEGISLATIVE COUNSELS DIGEST

AB 783 as amended Hayashi Professional corporations licensedphysical therapists and occupational therapists

Existing law regulating professional corporations provides that certainhealing arts practitioners may be shareholders officers directors orprofessional employees of a medical corporation-er-a podiatric medicalcorporation or a chiropractic corporation subject to certain limitations

This bill would add licensed physical therapists and licensedoccupational therapists to the list of healing arts practitioners who maybe shareholders officers directors or professional employees of thosecorporations The bill would also make conforming changes to a relatedprovision

This bill vv otlld deelare that it is to take etteet immediately as anmgeney statttte

Vote -majority Appropriation no Fiscal committee noState-mandated local program no

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AB783 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 2406 of the Business and Professions2 Code is amended to read3 2406 A medical corporation or podiatry corporation is a4 corporation that is authorized to render professional services as

defined in Sections 13401 and 134015 ofthe Corporations Code6 so long as that corporation and its shareholders officers directors7 and employees rendering professional services who are physicians8 and surgeons psychologists registered nurses optometrists9 podiatrists chiropractors acupuncturists naturopathic doctors

physical therapists or in the case of a medical corporation only11 physician assistants marriage and family therapists or clinical12 social workers are in compliance with the Moscone-Knox13 Professional Corporation Act the provisions of this article and all14 other statutes and regulations now or hereafter enacted or adopted

pertaining to the corporation and the conduct of its affairs16 With respect to a medical corporation or podiatry corporation17 the governmental agency referred to in the Moscone-Knox18 Professional Corporation Act is the board19 SEC 2 Section 134015 of the Corporations Code is amended

to read21 134015 Notwithstanding subdivision (d) of Section 1340122 and any other provision of law the following licensed persons23 may be shareholders officers directors or professional employees24 of the professional corporations designated in this section so long

as the sum of all shares owned by those licensed persons does not26 exceed 49 percent ofthe total number of shares of the professional27 corporation so designated herein and so long as the number of28 those licensed persons owning shares in the professional29 corporation so designated herein does not exceed the number of

persons licensed by the governmental agency regulating the31 designated professional corporation32 (a) Medical corporation33 (1) Licensed doctors of podiatric medicine34 (2) Licensed psychologists

(3) Registered nurses36 (4) Licensed optometrists37 (5) Licensed marriage and family therapists38 (6) Licensed clinical social workers

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-3-

(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists(10) Naturopathic doctors(11) Licensed physical therapists(12)Licensed occupational therapists(b) Podiatric medical corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed optometrists(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(8) Licensed physical therapists(9) Licensed occupational therapists(c) Psychological corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Registered nurses(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed chiropractors(8) Licensed acupuncturists(9) Naturopathic doctors(d) Speech-language pathology corporation(1) Licensed audiologists(e) Audiology corporation(1) Licensed speech-language pathologists(t) Nursing corporation(l) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists

AB783

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AB783 -4-

(10) Naturopathic doctors(g) Marriage and family therapy corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed clinical social workers(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(h) Licensed clinical social worker corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed marriage and family therapists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(i) Physician assistants corporation(1) Licensed physicians and surgeons(2) Registered nurses(3) Licensed acupuncturists(4) Naturopathic doctorsG) Optometric corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(k) Chiropractic corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed acupuncturists(9) Naturopathic doctors

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-5- AB783

(10) Licensed physical therapists(11) Licensed occupational therapists(l) Acupuncture corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed physician assistants(9) Licensed chiropractors(10) Naturopathic doctors(m) Naturopathic doctor corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed physician assistants(5) Licensed chiropractors(6) Licensed acupuncturists(7) Licensed physical therapists(8) Licensed doctors of podiatric medicine(9) Licensed marriage family and child counselors(10) Licensed clinical social workers(11) Licensed optometrists(n) Dental corporation(1) Licensed physicians and surgeons(2) Dental assistants(3) Registered dental assistants(4) Registered dental assistants in extended functions(5) Registered dental hygienists(6) Registered dental hygienists in extended functions(7) Registered dental hygienists in alternative practiceSEC 3 This aet is Ml ttrgene statttte neeessary for the

immediatepresenation of the ptlblie peaee hettlihor saferyvvithinthe meMling of Miele IV of the Constittttion Mld shaHgo intoimmediate effeet The fftets eonstitttting the neeessiry Me

In order to 8t1thorizelieensed physieal therapists to beshareholders offieers mreetors or professional employees of

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AD7S3 -6-

1 memeal eorpofatiofts andpodiatrie medieal eorpofatiofts as soOft2 as possible it is fteeessary that this aet tftke dIeet immediately

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AB 800 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 800Huber

Boards and commissions time reporting

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to add Section 1156410 to the Government Coderelating to boards and commissions

httpwwwleginfocagovpubI11-12billasmlab_0751-0800ab _800_ bill_20120201_status 652012

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AB 958 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 958Bill Berryhill

Regulatory boards limitations periods

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to Art IV Sec 10(e) of theFrom committee Filed with the Chiefto Joint Rule 56BUSINESS PROFESSIONS AND CONSUMER PROTECTION

TITLE An act to add Section 1105 to and to repeal Sections16702 22305 296005 3137 375051 498205499032 5561 5661 76865 988420 and 98898 of theBusiness and Professions Code relating to regulatoryboards

httpwwwleginfocagovpub11-12lbillasmlab_0951-1 OOOab_958 _bill_ 20120202_ status 652012

AB 1003 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 1003Smyth

Professional and vocational licenses

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to professional and vocational licenses

httpwwwleginfocagovpubll-12Ibillasmlab_l00l-l 050ab_1003 _bill_2012020 I_statu 652012

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AB 1205 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1205AUTHOR(S) Bill BerryhillTOPIC Licensed behavior analysts+LAST AMENDED DATE 04042011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to amend Section 499018 of and to add Chapter52 (commencing with Section 252971) to Division 2 ofthe Business and Professions Code relating to healingarts

httpwwwleginfocagovpub11-12billasmab _120 1-1250ab_1205 _bill_20 120201_statu 652012

AB 1435 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1435AUTHOR(S) Dickinson (Coauthors Alejo Buchanan and Hill) TOPIC Child abuse reporting athletic personnelHOUSE LOCATION SEN+LAST AMENDED DATE OS252012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredState-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS for

LASTLAST

APPROPRIATIONSOS252012

Do pass as amendedAyes 17 Noes OOPASS

TITLE An act to amend Section 111657 of the Penal Coderelating to child abuse reporting

httpwww1eginfocagovpub11-12lbiIVasmab_140 1-1450ab _1435 _bill~0120601_statu 652012

AMENDED IN ASSEMBLY MAY 25 2012

AMENDED IN ASSEMBLY MARCH 21 2012

AMENDED IN ASSEMBLY MARCH 142012

AMENDED IN ASSEMBLY FEBRUARY 29 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1435

Introduced by Assembly Member Dickinson(Coauthors Assembly Members Alejo Buchanan and Hill)

January 4 2012

An act to amend Section 111657 of the Penal Code relating to childabuse reporting

LEGISLATIVE COUNSELS DIGEST

AB 1435 as amended Dickinson Child abuse reporting athleticpersonnel

Existing law the Child Abuse and Neglect Reporting Act requiresa mandated reporter as defined to report whenever he or she in his orher professional capacity or within the scope of his or her employmenthas knowledge of or observed a child whom the mandated reporterknows or reasonably suspects has been the victim of child abuse orneglect Failure to report an incident is a crime punishable byimprisonment in a county jail for a period of up to 6 months a fine ofup to $1000 or by both that imprisonment and fine

This bill would add athletic coaches athletic administrators andathletic directors employed by a public or private organization to thelist of individuals who are mandated reporters The bill otlld reqtlirean ptlblie or pri v ate orgflftizationernplo ing flftathletieeoaen Mhletie

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AB 1435 -2-

ftdministrator or Mhletie direetor to hftve provided initiftl trftining byJflfttlM) I 2014 on speeified mfttters relMing to ehiM a-bttse ftftdnegleetfor those employees On ftftd ftfter lftnuftry 12014 the bill vvottld reeJtlireinitiftl trftining to be pro vided IV ithin 6 months of the dMe ftn indi vidttftlbeeomes employed in thM eftlfteiry The bill vvouM require theseindividuftls to eomplete eontifttling tminmg every 2 yeMs

By imposing the reporting requirements on a new class of personsfor whom failure to report specified conduct is a crime ftftdby imposingne~ trftining reeJtlirements on publie oIgftfiiZMions ineluding loeftlgOvernment entities this bill would impose a state-mandated localprogram

The Cftlifomift Constittltion reqtlires the stMe to reimbtlfse loeftlftgeneies ftnd sehool distriets for eertftin eosts mftftdMed by the stftteStftttltory pItYvisions esffiblish proeedtlfes for mftkffigthftt reimbtlfsement

This bill hould pro vide thM 4vith regMd to eertftin mftftdfttes noIeimbtlfsement is reeJtlired by this ftet for ft speeified reftson

Vith regftM to ftny other mftndMeS this bill vv0tlM pro vide thM if theCommission on StMe ~bndtltes determines thM the bill eontftins eostsso mftndftted by the stftte reimbttIsement for those eosts shftll be mftdeptlfStlftnt to the stftttltory pro visions noted ttbo ve

The California Constitution requires the state to reimburse localagencies and school districts for certain costs mandated by the stateStatutory provisions establish procedures for making thatreimbursement

This bill would provide that no reimbursement is required by this actfor a specified reason

Vote majority Appropriation no Fiscal committee yesState-mandated local program yes

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 111657 of the Penal Code is amended2 to read3 111657 (a) As used in this article mandated reporter is4 defined as any of the following5 (1) A teacher6 (2) An instructional aide7 (3) A teachers aide or teachers assistant employed by any8 public or private schooL9 (4) A classified employee of any public schooL

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-3- AB 1435

1 (5) An administrative officer or supervisor of child welfare and2 attendance or a certificated pupil personnel employee of any public3 or private school4 (6) An administrator of a public or private day camp

(7) An administrator or employee of a public or private youth6 center youth recreation program or youth organization7 (8) An administrator or employee of a public or private8 organization whose duties require direct contact and supervision9 of children

(9) Any employee of a county office of education or the State11 Department of Education whose duties bring the employee into12 contact with children on a regular basis13 (10) A licensee an administrator or an employee of a licensed14 community care or child day care facility

(11) A Head Start program teacher16 (12) A licensing worker or licensing evaluator employed by a17 licensing agency as defined in Section 111651118 (13) A public assistance worker19 (14) An employee of a child care institution including but not

limited to foster parents group home personnel and personnel of21 residential care facilities22 (15) A social worker probation officer or parole officer23 (16) An employee of a school district police or security24 department

(17) Any person who is an administrator or presenter of or a26 counselor in a child abuse prevention program in any public or27 private school28 (18) A district attorney investigator inspector or local child29 support agency caseworker unless the investigator inspector or

caseworker is working with an attorney appointed pursuant to31 Section 317 of the Welfare and Institutions Code to represent a32 mmor33 (19) A peace officer as defined in Chapter 45 (commencing34 with Section 830) of Title 3 of Part 2 who is not otherwise

described in this section36 (20) A firefighter except for volunteer firefighters37 (21) A physician and surgeon psychiatrist psychologist dentist38 resident intern podiatrist chiropractor licensed nurse dental39 hygienist optometrist marriage and family therapist clinical social

worker professional clinical counselor or any other person who

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AB 1435 -4-

is currently licensed under Division 2 (commencing with Section500) of the Business and Professions Code

(22) Any emergency medical technician I or II paramedic orother person certified pursuant to Division 25 (commencing withSection 1797) of the Health and Safety Code

(23) A psychological assistant registered pursuant to Section2913 of the Business and Professions Code

(24) A marriage and family therapist trainee as defined insubdivision (c) of Section 498003 of the Business and ProfessionsCode

(25) An unlicensed marriage and family therapist internregistered under Section 498044 of the Business and ProfessionsCode

(26) A state or county public health employee who treats a minorfor venereal disease or any other condition

(27) A coroner(28) A medical examiner or any other person who performs

autopsies(29) A commercial film and photographic print processor as

specified in subdivision (e) of Section 11166 As used in thisarticle commercial film and photographic print processor meansany person who develops exposed photographic film into negativesslides or prints or who makes prints from negatives or slides forcompensation The term includes any employee of such a personit does not include a person who develops film or makes prints fora public agency

(30) A child visitation monitor As used in this article childvisitation monitor means any person who for financialcompensation acts as monitor of a visit between a child and anyother person when the monitoring of that visit has been orderedby a court of law

(31) An animal control officer or humane society officer Forthe purposes ofthis article the following terms have the followingmeanings

(A) Animal control officer means any person employed by acity county or city and county for the purpose of enforcing animalcontrol laws or regulations

(B) Humane society officer means any person appointed oremployed by a public or private entity as a humane officer who is

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-5- AB 1435

qualified pursuant to Section 14502 or 14503 of the CorporationsCode

(32) A clergy member as specified in subdivision (d) of Section11166 As used in this article clergy member means a priestminister rabbi religious practitioner or similar functionary of achurch temple or recognized denomination or organization

(33) Any custodian of records of a clergy member as specifiedin this section and subdivision (d) of Section 11166

(34) Any employee of any police department county sheriffsdepartment county probation department or county welfaredepartment

(35) An employee or volunteer of a Court Appointed SpecialAdvocate program as defined in Rule 1424 ofthe California Rulesof Court

(36) A custodial officer as defined in Section 8315(37) Any person providing services to a minor child under

Section 12300 or 123001 of the Welfare and Institutions Code(38) An alcohol and drug counselor As used in this article an

alcohol and drug counselor is a person providing counselingtherapy or other clinical services for a state licensed or certifieddrug alcohol or drug and alcohol treatment program Howeveralcohol or drug abuse or both alcohol and drug abuse is not inand of itself a sufficient basis for reporting child abuse or neglect

(39) A clinical counselor trainee as defined in subdivision (g)of Section 499912 of the Business and Professions Code

(40) A clinical counselor intern registered under Section 499942of the Business and Professions Code

(41) An athletic coach athletic administrator or athletic directoremployed by a public or private organization including but notlimited to schools and instittttions of higher e6ueation thatprovidekindergarten or any of grades 1 to 12 inclusive

(b) Except as provided in paragraph (35) of subdivision (a)volunteers of public or private organizations whose duties requiredirect contact with and supervision of children are not mandatedreporters but are encouraged to obtain training in the identificationand reporting of child abuse and neglect and are further encouragedto report known or suspected instances of child abuse or neglectto an agency specified in Section 111659

(c) Employers are strongly encouraged to provide theiremployees who are mandated reporters with training in the duties

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AB 1435 -6-

imposed by this article This training shall include training in childabuse and neglect identification and training in child abuse andneglect reporting Whether or not employers provide theiremployees with training in child abuse and neglect identificationand reporting the employers shall provide their employees whoare mandated reporters with the statement required pursuant tosubdivision (a) of Section 111665

(d) School districts that do not train their employees specifiedin subdivision (a) in the duties of mandated reporters under thechild abuse reporting laws shall report to the State Department ofEducation the reasons why this training is not provided

(e) Unless otherwise specifically provided the absence oftraining shall not excuse a mandated reporter from the dutiesimposed by this article

(f) Public and private organizations are encouraged to providetheir volunteers whose duties require direct contact with andsupervision of children with training in the identification andreporting of child abuse and neglect

(g) (1) On 6r befure Jttmtary 1 2014 ttll) pttblie 6r privflie6rganizttti6ftemp16ing ttft Mhletie e6tteh Mhletie ttdmimstrltt6r6r Mhletie direet6r ttSspeeified ift pMttgrttph (41) 6f sttbdivisi6ft(tt) shttll pr6 vide iftitittl trttining f6r th6se empl~ ees 6n thefull6vvingmtttters

(A) The identifiettti6n 6f ehild ttbttse ttnd negleet(D) Aeti vities thttt e6ftstitttte inltppr6prittte ttftd illegttl e6ntttet

betiveen tt 6tlth ltftd ltft ttthietie e6tteh Mhletie ttdmiftistrttt6r 6rttthietie direet6r

(6) The resp6nsibilities 6f tt pers6n identified lIStt mttndfliedrep6rter in this seeti6n ineIttding btl ft6t limited t6 ttll 6f thefull6 vving

(i) T6 ~h6m tt rep6rt is reqtlired t6 be mttde(ii) The inf6rmttti6n thttt is reqttired t6 be ifte1ttdedin tt rep6rt(iii) The time vvithiftvvhieha mandated rep6rter is reqttired t6

file tt rep6rt(2) Initittl training shall be pr6vided b perS6ftSkn6vvledgeltble

ift the identifiettti6n 6fehild aettse ttnd negleet inltppf6prittte ltftdillegal e6ntaet bem eena 6ttth and ltftadttIt ltftdstatttt6ry rep6rtingreqttiremeftts ltftdshttll e6nsist 6ftw6 h6ttrs 6felassr66m 6r 6therinteraetive trainiftg ltftdedttettti6n

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1 (h) Commeneing on fmd aftel Jfmtlftry12014 fmofgfmization2 speeified in sttbdivision (g) shaHpro ide initial training within six3 months of the date that fm individtutl beeomes empleryed as an4 Mhletie eoaeh athletie administrator or athletie direetor ttnless5 the indi idttal reeei ed training Hithin tw0 years prior to the date6 the indi idtlal is empleryed An Mhletie eoaeh athletie7 administrator or athletie direetor Hho has leeeied initial training8 ptlfStlafttto sttbdiision (g) shall eomplete eontifttling training9 thereafter onee eery two years eonsisting of one hottf of

10 elassroom or other interaeti e training fmd edtteation11 SEC 2 No reimbtlrsement is reqtlired by this aet pttfStlafttto12 Seetion 6 ofArtiele )GIlD of the California Constitution for eertain13 eosts that may be inetllTed by a loeal ageney or sehool distriet14 beeatlse ift that regard this aet ereates a nev erime or infraetion15 eliminates a erime or infraetion or ehfmges the penalty fOfa erime16 or inflaetion Hithin the meaning of Seetion 17556 of the17 Goemment Code or ehanges the definition ofa elime Hithin the18 meaning of Seetion 6 of Aniele XIII D of the Califomia19 Constitution20 IIo~eer if the Commission on State Mfmdates determines that21 this aet eontainsother eosts mfmdated by the state reimbttfsement22 to loeal ageneies fmd sehool distliets for those eosts shall be made23 ptlfStlafttto Part 7 (eommeneing Hith Seetion 17500) of Division24 4 of Title 2 of the Goemment Code25 SEC 2 No reimbursement is required by this act pursuant to26 Section 6 of Article XIII B of the California Constitution because27 the only costs that may be incurred by a local agency or school28 district will be incurred because this act creates a new crime or29 infraction eliminates a crime or infraction or changes thepenalty30 for a crime or infraction within the meaning of Section 17556 of31 the Government Code or changes the definition of a crime within32 the meaning of Section 6 of Article XIII B of the California33 Constitution

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AB 1904 Assembly Bill Status

MEASURE AUTHOR(S)TOPIC

HOUSE

CURRENT BILL STATUS

AB No 1904Block Butler and

Professions and vocationslicenses

LOCATION

Cookmilitary spouses temporary

TYPE OF BILL

SEN

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyAppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpub11-12billasmab _1901-1950ab _1904_ bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes Noes OOPASS17

An act to add Section 1155 to the Business andProfessions Code relating to professions and vocationsand making an appropriation therefor

-

AB 1588 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1588AUTHOR(S) Atkins (Principal coauthors Cook and Nielsen)

(Coauthors Block Beth Gaines Pan V Manuel PerezWilliams and Yamada)

TOPIC Professions and vocations reservist licensees fees andcontinuing education

HOUSE LOCATION SEN+LAST AMENDED DATE 03052012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS forLAST

LAST

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

TITLE An act to add Section 1143 to the Business andProfessions Code relating to professions and vocations

htlpllwwwleginfocagovpubll-12Ibillasmlab _1551-1600ab _1588 _bill_20120601_statu 652012

middot

AMENDED IN ASSEMBLY MARCH 5 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1588

Introduced by Assembly Member Atkins(Principal coauthors Assembly Members Cook and Nielsen)

(Coauthors Assembly Members Block Beth Gaines PanV Manuel Perez Williams and Yamada)

February 6 2012

An act to add Section 1143 to the Business and Professions Coderelating to professions and vocations

LEGISLATIVE COUNSELS DIGEST

AB 1588 as amended Atkins Professions and vocations reservistlicensees fees and continuing education

Existing law provides for the regulation of various professions andvocations by boards commissions or bureaus within the Departmentof Consumer Affairs and for the licensure or registration of individualsin that regard Existing law authorizes any licensee whose licenseexpired while he or she was on active duty as a member of the CaliforniaNational Guard or the United States Armed Forces to reinstate his orher license without examination or penalty if certain requirements aremet

This bill would require the boards commissions or bureaus describedabove to waive the renewal fees and continuing education requirementsif either is applicable of any licensee or registrant who is a reservistcalled to active duty as a member of the United States Military Reserveor the California National Guard if certain requirements are met

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

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AB 1588 -2-

Thepeople of the State of Califomi a do enact asfollows

1 SECTION 1 Section 1143 is added to the Business and2 Professions Code to read3 1143 Notwithstanding any other provision oflaw everyboard4 commission or bureau within the department shall waive the5 renewal fees and continuing education requirements if either is6 applicable for any licensee or registrant who is a reservist called7 to active duty as a member of the United States Military Reserve8 or the California National Guard if all of the following9 requirements are met

10 (a) The licensee or registrant was in good standing with the11 board commission or bureau at the time the reservist was called12 to active duty13 (b) The renewal fees or continuing education requirements are14 waived only for the period during which the reservist is on active15 duty service16 (c) The active duty reservist or the active duty reservists spouse17 or registered domestic partner provides written notice satisfactory18 to the board commission or bureau that substantiates the19 reservists active duty service

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AB 1896 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1896AUTHOR(S) ChesbroTOPIC Tribal health programs health care practitionersHOUSE LOCATION SEN+LAST AMENDED DATE 03272012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATIONCOMM ACTION DATECOMM ACTIONCOMM VOTE SUMMARY

ASM

05172012Referred to Com on B P amp EDBUSINESS PROFESSIONS AND CONSUMER PROTECTION04102012

Do passAyes 09 Noes OOPASS

TITLE An act to amend the heading of Article 10 (commencingwith Section 710) of Chapter 1 of Division 2 of and toadd Section 719 to the Business and Professions Coderelating to healing arts

httpwwwleginfocagovpubI11-12lbillasmab_1851-1900ab_1896_bill_20120517 _statu 652012

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AMENDED IN ASSEMBLY MARCH 27 2012

CALIFORNIA LEGISLATURE-20II-12 REGULAR SESSION

ASSEMBLY BILL No 1896

Introduced by Assembly Member Chesbro

February 222012

An act to amend the heading of Article 10 (commencing with Section710) of Chapter 1 of Division 2 of and to add Section 719 to theBusiness and Professions Code relating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1896 as amended Chesbro Tribal health programs health carepractitioners

Under existing federal law licensed health professionals employedby a tribal health program are required to be exempt if licensed in anystate from the licensing requirements of the state in which the tribalhealth program performs specified services A tribal health program isdefined as an Indian tribe or tribal organization that operates any healthprogram service function activity or facility funded in whole or partby the Indian Health Service

Existing law provides for the licensure and regulation of health carepractitioners by various healing arts boards within the Department ofConsumer Affairs

This bill would codify that federal requirement by specifying that aperson who is licensed as a health care practitioner in any other stateand is employed by a tribal health program is exempt from any statelicensing requirement with respect to acts authorized under thepersonslicense where the tribal health program performs specified services

Vote majority Appropriation no Fiscal committee noState-mandated local program no

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AD 1896 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 The heading of Article 10 (commencing with2 Section 710) of Chapter 1 of Division 2 of the Business and3 Professions Code is amended to read456789

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Article 10 Federal Personnel and Tribal Health Programs

SEC 2 Section 719 is added to the Business and ProfessionsCode to read

719 (a) A person who is licensed as a health care practitionerin any other state and is employed by a tribal health program asdefined in Section 1603 of Title 25 of the United States Code shallbe exempt from any licensing requirement described in this divisionwith respect to acts authorized under the persons license wherethe tribal health program performs the services described in thecontract or compact of the tribal health program under the IndianSelf-Determination and Education Assistance Act (25 USC Sec450 et seq)

(b) For purposes of this section health care practitioner meansany person who engages in acts that are the subject of licensureor regulation under this division or Ml) initiative 8et referred to inthis division the law of any other state

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CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1904

Introduced by Assembly Members Block Butler and Cook

February 222012

An act to add Section 1155 to the Business and Professions Coderelating to professions and vocations and making an appropriationtherefor

LEGISLATIVE COUNSELS DIGEST

AB 1904 as introduced Block Professions and vocations militaryspouses temporary licenses

Existing law provides for the licensure and regulation of variousprofessions and vocations by boards within the Department of ConsumerAffairs Existing law provides for the issuance of reciprocal licenses incertain fields where the applicant among other requirements has alicense to practice within that field in another jurisdiction as specifiedUnder existing law licensing fees imposed by certain boards withinthe department are deposited in funds that are continuously appropriated

This bill would authorize a board within the department to issue atemporary license to an applicant who among other requirements holdsan equivalent license in another jurisdiction as specified and is marriedto or in a legal union with an active duty member of the Armed Forcesofthe United States who is assigned to a duty station in California underofficial active duty military orders The bill would require a board toexpedite the process for issuing these temporary licenses The bill wouldrequire the applicant to pay any fees required by the board and wouldrequire that those fees be deposited in the fund used by the board toadminister its licensing program To the extent that the bill would

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AB 1904 -2-

increase the amount of money deposited into a continuously appropriatedfund the bill would make an appropriation

Vote majority Appropriation yes Fiscal committee yesState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 1155 is added to the Business and2 Professions Code to read3 1155 (a) A board within the department may issue a4 temporary license to an applicant who meets all of the following5 requirements6 (l) Submits an application in the manner prescribed by the7 board8 (2) Supplies evidence satisfactory to the board that the applicant9 is married to or in a domestic partnership or other legal union

10 with an active duty member of the Armed Forces of the United11 States who is assigned to a duty station in this state under official12 active duty military orders13 (3) Holds a current license in another state district or territory14 of the United States with the requirements that the board determines15 are substantially equivalent to those established under this code16 for that occupation17 (4) Has not committed an act in anyjurisdiction that would have18 constituted grounds for denial suspension or revocation of the19 license under this code at the time the act was committed20 (5) Has not been disciplined by a licensing entity in another21 jurisdiction and is not the subject of an unresolved complaint22 review procedure or disciplinary proceeding conducted by a23 licensing entity in another jurisdiction24 (6) Pays any fees required by the board Those fees shall be25 deposited in the applicable fund or account used by the board to26 administer its licensing program27 (7) Submits fingerprints and any applicable fingerprinting fee28 in the manner required of an applicant for a regular license29 (b) A board shall expedite the procedure for issuing a temporary30 license pursuant to this section31 (c) A temporary license issued under this section shall be valid32 for 180 days except that the license may at the discretion of the

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-3- AB 1904

I board be extended for an additional180-day period on application2 of the license holder3 (d) A board may adopt regulations necessary to administer this4 section

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AB 1932 Assembly Bill Status

MEASURE AUTHOR(S)TOPICHOUSE+LAST

CURRENT BILL STATUS

AB No 1932Gorell (Coauthor Cook)

United States armed services healing arts boardsLOCATION SENAMENDED DATE 04172012

TYPE OF BILL

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

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httpwwwleginfocagovpubI11-12Ibillasmab_1901-1950ab_1932_bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

An act to add Section 7102 to the Business andProfessions Code relating to healing arts

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AMENDED IN ASSEMBLY APRIL 172012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1932

Introduced by Assembly Member-Ceek Gorell(Coauthor Assembly Member Cook)

February 222012

An act to add Section 7102 to the Business and Professions Coderelating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1932 as amended euroook Gorell United States armed serviceshealing arts boards

Existing law provides for the licensure and regulation of varioushealing arts professions and vocations by boards within the Departmentof Consumer Affairs Existing law requires the rules and regulations ofthese healing arts boards to provide for methods of evaluating educationtraining and experience obtained in military service if such training isapplicable to the requirements of the particular profession or vocationregulated by the board Under existing law the Department of VeteransAffairs has specified powers and duties relating to various programsserving veterans

This bill would require by January 12014 and annually thereafterevery healing arts board to issue a specified written report to theDepartment of Veterans Affairs and the Legislature as specified thatclearly details the methods of evaluating the education training andexperience obtained in military service and whether that educationtraining and experience is applicable to the boards requirements forlicensure The bill would declare the intent of the Legislature in thisregard

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AB 1932 -2-

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 710 of the Business and Professions Code2 was enacted in 1969 and because healing arts boards have not3 demonstrated significant compliance with that section it is the4 intent of the Legislature to establish an annual reporting5 requirement to compel these boards to provide information about6 the methods of evaluating education training and experience7 obtained in military service in order to meet the needs of the8 upcoming wave of armed service members returning to civilian9 life

10 SEC 2 Section 7102 is added to the Business and Professions11 Code to read12 7102 (a) By January 12014 and annually thereafter every13 healing arts board described in this division shall issue a written14 report to the Department of Veterans Affairs and to the Legislature15 that clearly details the methods of evaluating the education16 training and experience obtained in military service and whether17 that education training and experience is applicable to the boards18 requirements for licensure This written report shall include but19 not be limited to quantitative information about the number of20 service members who have applied for and have used their military21 education training and experience to fulfill the boards22 requirements for licensure23 (b) (1) The requirement to submit a report to the Legislature24 under subdivision (a) shall be inoperative on January 1 201825 pursuant to Section 102315 of the Government Code26 (2) A report to the Legislature shall be submitted in compliance27 with Section 9795 of the Government Code

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Page 29: DISCUSSION ANDPOSSIBLE ACTION REGARDING PENDING … · 2012-06-14  · Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of2010 (PublicLaw 111-152)

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AB518 -14-

(2) (A) Persons who are trained and qualified to serve onmultidisciplinary personnel teams may disclose to one anotherinformation and records that are relevant to the preventionidentification or treatment of abuse of elderly or dependentpersons

(B) Except as provided in subparagraph (A) any personnel ofthe multidisciplinary team or agency that receives informationpursuant to this chapter shall be under the same obligations andsubject to the same confidentiality penalties as the persondisclosing or providing that information The information obtainedshall be maintained in a manner that ensures the maximumprotection of privacy and confidentiality rights

(c) This section shall not be construed to allow disclosure ofany reports or records relevant to the reports of abuse of an elderor dependent adult if the disclosure would be prohibited by anyother provisions of state or federal law applicable to the reports orrecords relevant to the reports of the abuse nor shall it be construedto prohibit the disclosure by a financial institution of any reportsor records relevant to the reports of abuse of an elder or dependentadult if the disclosure would be required of a financial institutionby otherwise applicable state or federal law or court order

(d) This seetion shall remain in dIcet on) tmtilJantmry I 2813and as of that date is repealed unless a later enaeted statute thatis enaeted before JMlt1ary12813 deletes or extends that date

SEC 4 Section 15633 of the Welfare and Institutions Codeas added by Section 6 of Chapter 140 of the Statutes of 2005 isrepealed

15633 (a) The leports made ptlrstlMlt to Seetions 15638 and15631 shall be eonndential and may be diselosed on) as pro videdin stlbdivision (b) AIl) violation of the eonfidetttialrt reqtliredbythis ehapter is a misdemeanor ptlnishable bynot more than sixmoftths in the eounry jail b)l a nne ofn Vehundred dollars ($588)or byboth that nne and imprisonment

(b) Reports of stlspeeted elder 01 dependent adttlt abttse andinfenmation eontained therein may be diselosed only to thefollo vving

(1) Persons or ageneies to vvhomdiselostlfe of information orthe identity of the reporting pMty is permitted tlnder Seetion156335

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-15- AB518

(2) EA) Persems who Me trftined Md qtlftlified to sene onmtlltidiseiplinftfjf persoflftel teftll1smfty diselose to one Mlotherinfermtttion Md reeords thftt Me relevflnt to the preventionidentifiefttion or trefttment of ftbttse of elderly or dependentpersons

EB) Exeept ftSpro vided in SMpMftgrftph EA) Mly personnel ofthe ftltlltidiseiplinftry teftftl or ftgeney thftt reeeives informfttionptlrstlftnt to this ehflPtel shftH he tinder the sftme ohligfttions ftndsttbjeet to the sftme eonfidentiftlity penftlties ftS the pelsondisdosing or pro viding thftt infermfttion The informfttion ohtftinedshftH he mftintftined in ft ftlftflfter thftt enstlfes the ftlftXimttmproteetion ofprivftey ftnd eonfidentiftlity rights

Ee) This seetion shftH not he eonstftled to ftHo diselostlfe ofMy reports or reeords rde vMit to the reports of elder or dependentftdttlt ftbttse if the disdostlfe votlld he prohibited hy My other110visions of stftte or federftllft bullbull ftppliefthle to the reports or reeordsrele vftnt to the reports of the flbttse

Ed) This seetion shftH heeome operftti ve on Jftntlftry I 2013SEC 5 Section 15634 of the Welfare and Institutions Code

as amended by Section 7 of Chapter 140 of the Statutes of 2005is amended to read

15634 (a) No care custodian clergy member healthpractitioner mandated reporter of suspected financial abuse of anelder or dependent adult or employee of an adult protectiveservices agency or a local law enforcement agency who reports aknown or suspected instance of abuse of an elder or dependentadult shall be civilly or criminally liable for any report requiredor authorized by this article Any other person reporting a knownor suspected instance of abuse of an elder or dependent adult shallnot incur civil or criminal liability as a result of any reportauthorized by this article unless it can be proven that a false reportwas made and the person knew that the report was false No personrequired to make a report pursuant to this article or any persontaking photographs at his or her discretion shall incur any civil orcriminal liability for taking photographs of a suspected victim ofabuse of an elder or dependent adult or causing photographs to betaken of such a suspected victim or for disseminating thephotographs with the reports required by this article Howeverthis section shall not be construed to grant immunity from thisliability with respect to any other use of the photographs

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AB518 -16-

(b) No care custodian clergy member health practitionermandated reporter of suspected financial abuse of an elder ordependent adult or employee of an adult protective services agencyor a local law enforcement agency who pursuant to a request froman adult protective services agency or a local law enforcementagency investigating a report of known or suspected abuse of anelder or dependent adult provides the requesting agency withaccess to the victim of a known or suspected instance of abuse ofan elder or dependent adult shall incur civil or criminal liabilityas a result of providing that access

(c) The Legislature finds that even though it has providedimmunity from liability to persons required to report abuse of anelder or dependent adult immunity does not eliminate thepossibility that actions may be brought against those persons basedupon required reports of abuse In order to further limit the financialhardship that those persons may incur as a result of fulfilling theirlegal responsibilities it is necessary that they not be unfairlyburdened by legal fees incurred in defending those actionsTherefore a care custodian clergy member health practitioneror an employee of an adult protective services agency or a locallaw enforcement agency may present to the StMe B6Md 6pound C6ntr61California Victim Compensation and Government Claims Boarda claim for reasonable fttt6meys attorneys fees incurred in anyaction against that person on the basis of making a report requiredor authorized by this article if the court has dismissed the actionupon a demurrer or motion for summary judgment made by thatperson or if he or she prevails in the action The StMe B6ftrd 6fC6ntr61 California Victim Compensation and Government ClaimsBoard shall allow that claim if the requirements ofthis subdivisionare met and the claim shall be paid from an appropriation to bemade for that purpose Att6mey s Attorneys fees awarded pursuantto this section shall not exceed an hourly rate greater than the ratecharged by the Attorney General at the time the award is madeand shall not exceed an aggregate amount of fifty thousand dollars($50000) This subdivision shall not apply if a public entity hasprovided for the defense of the action pursuant to Section 995 ofthe Government Code

(d) This seeti6n shftll remftin in dfeet 6ttly tmtil J8fttlfll)1 2013ftnd ftS6pound thftt dMe is repeftled wIess ft IMer enfteted stMute thMis en8eted before Jftftt18ry12013 deletes 6r extends thM dMe

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SEC 6 Section 15634 of the Welfare and Institutions Codeas amended by Section 711 ojChapter 538 of the Statutes oj2006is repealed

15634 eft) No eMe etlstodimt ele~ member hea-lthpraetitioner or employee of an adttlt proteeti-ve serviees ageneyor a loeal larn enforeement ageney who reports a lrnown orsttspeeted instanee of elder or dependent adtllt abtlse shaHbe eiviHyor eriminalry liable for any report reqttired or attthorizedby thisartiele Any other peIson reporting a lrnOWfior stlspeeted instaneeof elder or dependeItt adttIt abtlse shall not inettr ei vil or eriminalliability as a restllt of any report attthorizedby this artiele ttnlessit ean be pro ven that a false report was made and the person knewthat the report vvasrelse gteJoperson reqtlired to make a reportptlrstlant to this artiele or any person taking photographs at his orher diseretion shall inettr any eivii or eriminalliability fer takingphotographs of a stlspeeted vietim of elder or dependent adtlltabtlse or eattsing photographs to be taken of the stlspeeted vietimor fOIdisseminating the photographs with the reports reqtlired bythis artiele However this seetion shall not be eonstmed to gIantimmttnity from this liability vvithrespeet to any other tlse of thephotographs

(b) No eMe etlstodian el~ member health praetitioner oremployee of an adtlIt proteetive seniees ageney or a loea-l lawenfereemeItt ageney who pttrsttant to a reqtlest from an adttltproteeti-ie seniees ageney or a loeal lavI enforeemeItt ageneyinvestigating a report of lrnOViftor stlspeeted elder or dependentadtllt abtlse proides the reqtlesting ageney with aeeess to thevietim of a lrnovvnor stlspeeted instanee of elder or dependeIttadttlt abtlse shall inettr eiviI or eriminal liability as a restlIt ofpro viding that aeeess

ee) The Legislatttre finds that even thOtlgh it has pIOvidedimmtlnity from liability to peIsons reqtlired to report elder ordependent mit abttse immtlIlity does not eliminate the possibilitythat aetions may be brotlght agamst those persons based tlJ0nreqtlired reports of abtlse In order to fttrther limit the finaneialhardship that those persons may inettr as a resttIt offttlfilling theirlegal responsibilities it is neeessary that they not be tlftreirlybttrdened by legal fees inetlffed in defending those aetionsTherefore a eMeetlstodian ele~ member health praetitioneror employee ofan adttlt proteetive seniees ageney or a loeallffi7t

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AB518 -18-

enfOieement agene)l ma) present to the CalifeJmia VietimCempensatien and Geemment Claims BeMd a elaim feJrreasenable atteme)s fees inetJifedin any aetien agffinstthat persenen the basis efmMcinga repert reqtlired er attth6rizedb)l this Mtieleif the eeM has dismissed the aetien t1pen a demtlffer el metienfur sttmillM)lj tldgment made b that persen el ifhe er she preailsin the aetien The Califumia Vietim Cempensatien andGeemment Claims Beard shall allew that ehtim if thereqtlirements ef this sttbdi isien Me met and the elaim shall bepaid fl6man fllprepriatien te be made fur that ptllpese Atteme) sfees aarded ptliStlMltto this seetien shall net exeeedan hetlilyrate greater than the late eharged b the Attemey General at thetime the aard is made and sh8llnet exeeedan aggregate amettllteffitty thetlsanBdellMs ($50000) This sttbdF isien shall net applyif a pttblie enti) has pmbullided fer the defense ef the aetien ptlistlantte Seetien 995 ef the Ge emment Cede

(6) This seetien shall beeeme eperatie en JMttlM)12013SEC 7 Section 15640 of the Welfare and Institutions Code

as amended by Section 9 of Chapter 140 of the Statutes of2005is amended to read

15640 (a) (1) An adult protective services agency shallimmediately or as soon as practically possible report by telephoneto the law enforcement agency having jurisdiction over the caseany known or suspected instance of criminal activity and to anypublic agency given responsibility for investigation in thatjurisdiction of cases of elder and dependent adult abuse everyknown or suspected instance of abuse pursuant to Section 15630or 156301 of an elder or dependent adult A county adult protectiveservices agency shall also send a written report thereof within twoworking days of receiving the information concerning the incidentto each agency to which it is required to make a telephone reportunder this subdivision Prior to making any cross-report ofallegations of financial abuse to law enforcement agencies anadult protective services agency shall first determine whether thereis reasonable suspicion of any criminal activity

(2) If an adult protective services agency receives a report ofabuse alleged to have occurred in a long-term care facility thatadult protective services agency shall immediately inform theperson making the report that he or she is required to make thereport to the long-term care ombudsman program or to a local law

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-19- AB518

enforcement agency The adult protective services agency shallnot accept the report by telephone but shall forward any writtenreport received to the long-term care ombudsman

(b) If an adult protective services agency or local lawenforcement agency or ombudsman program receiving a report ofknown or suspected elder or dependent adult abuse determinespursuant to its investigation that the abuse is being committed bya health practitioner licensed under Division 2 (commencing withSection 500) of the Business and Professions Code or any relatedinitiative act or by a person purporting to be a licensee the adultprotective services agency or local law enforcement agency orombudsman program shall immediately or as soon as practicallypossible report this information to the appropriate licensingagency The licensing agency shall investigate the report in lightof the potential for physical harm The transmittal of informationto the appropriate licensing agency shall not relieve the adultprotective services agency or local law enforcement agency orombudsman program of the responsibility to continue its owninvestigation as required under applicable provisions of law Theinformation reported pursuant to this paragraph shall remainconfidential and shall not be disclosed

(c) A local law enforcement agency shall immediately or assoon as practically possible report by telephone to the long-termcare ombudsman program when the abuse is alleged to haveoccurred in a long-term care facility or to the county adultprotective services agency when it is alleged to have occurredanywhere else and to the agency given responsibility for theinvestigation of cases of elder and dependent adult abuse everyknown or suspected instance of abuse of an elder or dependentadult A local law enforcement agency shall also send a writtenreport thereof within two working days of receiving the informationconcerning the incident to any agency to which it is required tomake a telephone report under this subdivision

(d) A long-term care ombudsman coordinator may report theinstance of abuse to the county adult protective services agencyor to the local law enforcement agency for assistance in theinvestigation of the abuse if the victim gives his or her consent Along-term care ombudsman program and the Licensing andCertification Division ofthe State Department ofIIealth SeI ieesPublic Health shall immediately report by telephone and in writing

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AB518 -20-

1 within two working days to the bureau any instance of neglect2 occurring in a health care facility that has seriously harmed any3 patient or reasonably appears to present a serious threat to the4 health or physical well-being of a patient in that facility If a victim5 or potential victim of the neglect withholds consent to being6 identified in that report the report shall contain circumstantial7 information about the neglect but shall not identify that victim or8 potential victim and the bureau and the reporting agency shall9 maintain the confidentiality of the report until the report becomes

lOa matter of public record11 (e) When a county adult protective services agency a long-term12 care ombudsman program or a local law enforcement agency13 receives a report of abuse neglect or abandonment of an elder or14 dependent adult alleged to have occurred in a long-term care15 facility that county adult protective services agency long-term16 care ombudsman coordinator or local law enforcement agency17 shall report the incident to the licensing agency by telephone as18 soon as possible19 (f) County adult protective services agencies long-term care20 ombudsman programs and local law enforcement agencies shall21 report the results of their investigations of referrals or reports of22 abuse to the respective referring or reporting agencies23 Eg) This seeti6n shall remain in dIcet 6ny tlfttilJ~ 1201324 and as 6f that date is repealed unless a later enaeted stMttte that25 is enaeted bef6re Janttary 12013 deletes 6r extends that date26 SEC 8 Section 15640 of the Welfare and Institutions Code27 as added by Section 10 of Chapter 140 of the Statutes of 2005 is28 repealed 29 15640 Ea) E1) An adult pr6teeti e sen iees ageney shall30 immediate) 6r as S66nas praetieal) p6ssible rep6rt 0 te1eph6ne31 t6 the la~ enf6reement ageney haing jttrisdieti6n 6er the ease32 an kntMfl6r suspeeted instanee 6f eriminal aeth it) and t6 any33 pttblie agene gien resp6nsibilit) f6r illestigMi6n in that34 jurisdieti6n 6f eases 6f elder and dependent adttlt abuse eery35 kfl6n6r suspeeted instanee 6f aetlse purstlant t6 Seeti6n 1563036 6f an elder 6r dependent adttlt A e6t11ltyadttlt pr6teeti e sen iees37 ageney shall als6 send a TV ritten rep6rt there6f Vv ithin ti 6 V 6rking38 days 6f reeeiving the inwrmati6n e6neeming the ineident t6 eaeh39 ageney t6 vv hieh it is reqtlired t6 make a teleph6ne Iep6rt tlftder40 this subdiisi6n Pri6r t6 making an er6SSIep6rt 6f allegati6ns

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-21- AB518

offilumeial abttse to lavvenforeemertt a-geneiesMladult proteetFesen iees agene) shaH first determine whether there is reasonablesuspieion of tmJ eriminM aeti vit

(2) If an adult proteeti ve sen iees agene) reeei ves a report ofabttse alleged to ha ve oeettlTed in a long teml eare faeilit) thatadttlt proteeti ve sen iees ageney shall immediate) infoml theperson making the report that he or she is required to make thereport to the long term eare ombttdsman program 01 to aloeallawenforeemertt a-geneyThe adttlt proteeti ve sen iees agene) shallnot aeeept the report b) telephone btlt shall fonvMd flit) vvTittenreport leeehed to the long teml eare ornbtldsman

(b) If an adtllt proteetive seniees ageney or loeal lawenforeement agene) or ornbtldsman program reeei vinga report ofkftovm or stlspeeted elder or dependent adttlt MtlSe determinespttrstlartt to its inYestigationthat the flbttseis being eommitted bya health 11aetitioner lieensed tlftder Division 2 (eonJffieneingwithSeetion 500) of the Btlsiness flftdProfessions Code or flit) lelatedinitiatiye aet or by a person ptlrporting to be a lieensee the adtlltproteetive seniees a-gene) or loeallaw enforeement agene) orombttdsman program shall immediate) or as soon as praetieall)possible report this mformation to the appropriate lieensingagene) The lieensing agene) shall investigate the report in lightof the poterttial fur ph) sieal hamlThe trMlsmittfllof informationto the appropriate lieensing agene) shall not relieve the adtlltproteethe serviees agene) or loeallaw enforeement agene) orornbtldsmflft program of the responsibility to eorttinue its 0~vninvestigation as reqttired tlftder applieable provisions of law Theinformation reported pttrstlant to this paragraph shall remaineoniiderttial flItdshfl11not be diselosed

(e) A loealla bullbull enforeement agefte) shall immediate) or assoon as praetieal) possible report b) telephone to the long termeare ombtldsman program bullbullhen the abtlse is alleged to haveoeetllTed in a long term eare faeilit) or to the eotlnt) adttltproteetive seniees agene) bullbullhen it is alleged to have oeeUlfedan) vvhere else flftd to the agene) gh en responsibilit) for theinvestigation of eases of elder and dependent adttlt abtlse everykftovm or stlspeeted instflftee of MtlSe of an elder or dependerttadttlt A loeallaw enforeement ageney shall also send a Ylfittenreport thereof bullbullithin ftv0 vvorking dfl)s ofreeei ving the infomlation

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AB518 -22-

eoneeming the ineident to an agenC) to vvhieh it is reqtlired toftutke a telephone report tlIlderthis stlbdh ision

Ed) A long tenn eare ombttdsman eoordinator mll) report theinstlllleeof abtlse to the eot1llryadttlt proteetive seniees ageneyor to the loeal la bullbull enforeement agenC) for assistlllleein theinvestigationof the abttse if the vietim gives his or her eonsent Along tenn eMe ombtldsmllllprogram llIldthe Lieensing llIldCertifieation Division of the State DepMtment ofIIealth Senieesshall immediately report b telephone llIldin vvriting vvithin hiv0tv orkingdll) s to the bm eatl an instlllleeof negleet oeet1ffingin ahealth eare faeiliry that has seriotlsl hMmed an patient orreasonably appeMs to present a seriotls threat to the health orph sieal vvell being of a patient in that ffteiliry If a J ietim orpotential TV ietim of the neglect vithholds eonsent to being identifiedin that report the report shall eontain eirettmstlllltialinformationabom the negleet bm shall not identif) that vietim or potentialvietim and the bttreatl llIldthe reporting agenC) shall maintain theeoniidentialiry of the report tlntil the report beeomes a matter ofptlblie reeord

Ee) hen a eotlllryadttlt proteeti ve sen iees agenC) a long termeare ombtldsman program or a loeal la enforeement ageneyreeeives a report ofabttse negleet or ablllldonmentofllllelder ordependent adttlt alleged to have oeet1ffedin a long term earefaeiliry that eotlnty adtllt proteeti ve sen iees agenC) long termeare ombtldsmlllleoordinator or loeallavv enforeement ageneyshall report the ineident to the lieensing agene b telephone assoon as possible

ED COtl1lt)adtllt proteetive seniees ageneies long term eareombttdsman programs and 10ea1lavvenforeement ageneies shallreport the restllts of their investigations of referrals or reports ofabtlse to the respeetive referring or reporting ageneies

Eg) This seetion shall beeome operative on JllIlt1flry12013SEC 9 Section 156555 of the Welfare and Institutions Code

as amended by Section 11 of Chapter 140 of the Statutes of 2005is amended to read

156555 A county adult protective services agency shallprovide the organizations listed in paragraphs (v) (w) and (x) ofSection 1561017 and mandated reporters of suspected financialabuse of an elder or dependent adult pursuant to Section 156301with instructional materials regarding abuse and neglect of an elder

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1 or dependent adult and their obligation to report under this chapter2 At a minimum the instructional materials shall include the3 following4 (a) An explanation of abuse and neglect of an elder or dependent

adult as defined in this chapter6 (b) Information on how to recognize potential abuse and neglect7 of an elder or dependent adult8 (c) Information on how the county adult protective services9 agency investigates reports of known or suspected abuse and

neglect11 (d) Instructions on how to report known or suspected incidents12 of abuse and neglect including the appropriate telephone numbers13 to call and what types of information would assist the county adult14 protective services agency with its investigation of the report

(e) This seetion shall remain in eifcet only tlfttil Jflfttlttry 1 201316 and as of that date is repealed tmless a later enaeted stattlte that17 is enaeted before Jafttlttry 12013 deletes or extends that date18 SEC 10 Section 156555 of the Welfareand Institutions Code19 as amended by Section 712 of Chapter 538 of the Statutes of2006

is repealed21 156555 A eottftt) achtlt proteetive serviees agene) shall22 pmvide the organi2ations listed in paragraphs (v) (vv) and Ex) of23 Seetion 1561017 with instItletional materials regarding elder and24 dependent achtlt abtlse and negleet and their obligation to report

under this ehapter At a minimum the instruetional materials shall26 inelude the follovving27 (a) An explanation of elder and dependent achtlt abuse and28 negleet as defined in this ehapter29 (b) Information on how to reeogni2e potential elder and

dependent achtlt abuse and negleet31 (e) Information on ho vIthe eottftt) achtlt proteeti ve serv iees32 agene) investigates reports of knovm or suspeeted abuse and33 negleet34 (d) Instmetions on hovv to report ]movvn or suspeeted ineidents

of abuse and negleet ineltlding the appropriate telephone llt11llbers36 to eall and what rypes of information vvould assist the eount) adult37 proteetirv e sen iees agene) with its in (estigation of the report38 (e) This seetion shall beeome operati e on January I 20 13

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AB 608 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 608Pan

Health care coverage telemedicine

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to health care

httpwww1eginfocagovpubII-12Ibillasmab_0601-0650ab _608_ bill_ 20120201_status 652012

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AB 783 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 783AUTHOR(S) HayashiTOPIC Professional corporations licensed physical therapists

and occupational therapists+LAST AMENDED DATE 04072011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

COMMCOMMCOMM

HIST ACT DATEHIST ACTION

From committeeRule 62(a)

LOCATION SENACTION DATEACTION

06282011In committee Set second hearing Failed passagewithout further action pursuant to Joint

LASTLAST

BUSINESS PROFESSIONS AND ECONOMIC DEVELOPMENT06272011

Set second hearing Failed passage in Committee

TITLE An act to amend Section 2406 of the Business andProfessions Code and to amend Section 134015 of theCorporations Code relating to professional corporations

httpwwwleginfocagovpub11-12billasmab_0751-0800ab_783_bill_20111115_status 652012

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AMENDED IN ASSEMBLY APRIL 7 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 783

Introduced by Assembly Member Hayashi

February 172011

An act to amend Section 2406 of the Business and Professions Codeand to amend Section 134015 of the Corporations Code relating toprofcssiemal eorporations and deelaring the mgeney thereof to tttkeeffeet immediatelyprofessional corporations

LEGISLATIVE COUNSELS DIGEST

AB 783 as amended Hayashi Professional corporations licensedphysical therapists and occupational therapists

Existing law regulating professional corporations provides that certainhealing arts practitioners may be shareholders officers directors orprofessional employees of a medical corporation-er-a podiatric medicalcorporation or a chiropractic corporation subject to certain limitations

This bill would add licensed physical therapists and licensedoccupational therapists to the list of healing arts practitioners who maybe shareholders officers directors or professional employees of thosecorporations The bill would also make conforming changes to a relatedprovision

This bill vv otlld deelare that it is to take etteet immediately as anmgeney statttte

Vote -majority Appropriation no Fiscal committee noState-mandated local program no

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AB783 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 2406 of the Business and Professions2 Code is amended to read3 2406 A medical corporation or podiatry corporation is a4 corporation that is authorized to render professional services as

defined in Sections 13401 and 134015 ofthe Corporations Code6 so long as that corporation and its shareholders officers directors7 and employees rendering professional services who are physicians8 and surgeons psychologists registered nurses optometrists9 podiatrists chiropractors acupuncturists naturopathic doctors

physical therapists or in the case of a medical corporation only11 physician assistants marriage and family therapists or clinical12 social workers are in compliance with the Moscone-Knox13 Professional Corporation Act the provisions of this article and all14 other statutes and regulations now or hereafter enacted or adopted

pertaining to the corporation and the conduct of its affairs16 With respect to a medical corporation or podiatry corporation17 the governmental agency referred to in the Moscone-Knox18 Professional Corporation Act is the board19 SEC 2 Section 134015 of the Corporations Code is amended

to read21 134015 Notwithstanding subdivision (d) of Section 1340122 and any other provision of law the following licensed persons23 may be shareholders officers directors or professional employees24 of the professional corporations designated in this section so long

as the sum of all shares owned by those licensed persons does not26 exceed 49 percent ofthe total number of shares of the professional27 corporation so designated herein and so long as the number of28 those licensed persons owning shares in the professional29 corporation so designated herein does not exceed the number of

persons licensed by the governmental agency regulating the31 designated professional corporation32 (a) Medical corporation33 (1) Licensed doctors of podiatric medicine34 (2) Licensed psychologists

(3) Registered nurses36 (4) Licensed optometrists37 (5) Licensed marriage and family therapists38 (6) Licensed clinical social workers

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-3-

(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists(10) Naturopathic doctors(11) Licensed physical therapists(12)Licensed occupational therapists(b) Podiatric medical corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed optometrists(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(8) Licensed physical therapists(9) Licensed occupational therapists(c) Psychological corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Registered nurses(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed chiropractors(8) Licensed acupuncturists(9) Naturopathic doctors(d) Speech-language pathology corporation(1) Licensed audiologists(e) Audiology corporation(1) Licensed speech-language pathologists(t) Nursing corporation(l) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists

AB783

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AB783 -4-

(10) Naturopathic doctors(g) Marriage and family therapy corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed clinical social workers(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(h) Licensed clinical social worker corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed marriage and family therapists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(i) Physician assistants corporation(1) Licensed physicians and surgeons(2) Registered nurses(3) Licensed acupuncturists(4) Naturopathic doctorsG) Optometric corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(k) Chiropractic corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed acupuncturists(9) Naturopathic doctors

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-5- AB783

(10) Licensed physical therapists(11) Licensed occupational therapists(l) Acupuncture corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed physician assistants(9) Licensed chiropractors(10) Naturopathic doctors(m) Naturopathic doctor corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed physician assistants(5) Licensed chiropractors(6) Licensed acupuncturists(7) Licensed physical therapists(8) Licensed doctors of podiatric medicine(9) Licensed marriage family and child counselors(10) Licensed clinical social workers(11) Licensed optometrists(n) Dental corporation(1) Licensed physicians and surgeons(2) Dental assistants(3) Registered dental assistants(4) Registered dental assistants in extended functions(5) Registered dental hygienists(6) Registered dental hygienists in extended functions(7) Registered dental hygienists in alternative practiceSEC 3 This aet is Ml ttrgene statttte neeessary for the

immediatepresenation of the ptlblie peaee hettlihor saferyvvithinthe meMling of Miele IV of the Constittttion Mld shaHgo intoimmediate effeet The fftets eonstitttting the neeessiry Me

In order to 8t1thorizelieensed physieal therapists to beshareholders offieers mreetors or professional employees of

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AD7S3 -6-

1 memeal eorpofatiofts andpodiatrie medieal eorpofatiofts as soOft2 as possible it is fteeessary that this aet tftke dIeet immediately

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AB 800 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 800Huber

Boards and commissions time reporting

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to add Section 1156410 to the Government Coderelating to boards and commissions

httpwwwleginfocagovpubI11-12billasmlab_0751-0800ab _800_ bill_20120201_status 652012

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AB 958 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 958Bill Berryhill

Regulatory boards limitations periods

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to Art IV Sec 10(e) of theFrom committee Filed with the Chiefto Joint Rule 56BUSINESS PROFESSIONS AND CONSUMER PROTECTION

TITLE An act to add Section 1105 to and to repeal Sections16702 22305 296005 3137 375051 498205499032 5561 5661 76865 988420 and 98898 of theBusiness and Professions Code relating to regulatoryboards

httpwwwleginfocagovpub11-12lbillasmlab_0951-1 OOOab_958 _bill_ 20120202_ status 652012

AB 1003 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 1003Smyth

Professional and vocational licenses

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to professional and vocational licenses

httpwwwleginfocagovpubll-12Ibillasmlab_l00l-l 050ab_1003 _bill_2012020 I_statu 652012

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AB 1205 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1205AUTHOR(S) Bill BerryhillTOPIC Licensed behavior analysts+LAST AMENDED DATE 04042011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to amend Section 499018 of and to add Chapter52 (commencing with Section 252971) to Division 2 ofthe Business and Professions Code relating to healingarts

httpwwwleginfocagovpub11-12billasmab _120 1-1250ab_1205 _bill_20 120201_statu 652012

AB 1435 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1435AUTHOR(S) Dickinson (Coauthors Alejo Buchanan and Hill) TOPIC Child abuse reporting athletic personnelHOUSE LOCATION SEN+LAST AMENDED DATE OS252012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredState-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS for

LASTLAST

APPROPRIATIONSOS252012

Do pass as amendedAyes 17 Noes OOPASS

TITLE An act to amend Section 111657 of the Penal Coderelating to child abuse reporting

httpwww1eginfocagovpub11-12lbiIVasmab_140 1-1450ab _1435 _bill~0120601_statu 652012

AMENDED IN ASSEMBLY MAY 25 2012

AMENDED IN ASSEMBLY MARCH 21 2012

AMENDED IN ASSEMBLY MARCH 142012

AMENDED IN ASSEMBLY FEBRUARY 29 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1435

Introduced by Assembly Member Dickinson(Coauthors Assembly Members Alejo Buchanan and Hill)

January 4 2012

An act to amend Section 111657 of the Penal Code relating to childabuse reporting

LEGISLATIVE COUNSELS DIGEST

AB 1435 as amended Dickinson Child abuse reporting athleticpersonnel

Existing law the Child Abuse and Neglect Reporting Act requiresa mandated reporter as defined to report whenever he or she in his orher professional capacity or within the scope of his or her employmenthas knowledge of or observed a child whom the mandated reporterknows or reasonably suspects has been the victim of child abuse orneglect Failure to report an incident is a crime punishable byimprisonment in a county jail for a period of up to 6 months a fine ofup to $1000 or by both that imprisonment and fine

This bill would add athletic coaches athletic administrators andathletic directors employed by a public or private organization to thelist of individuals who are mandated reporters The bill otlld reqtlirean ptlblie or pri v ate orgflftizationernplo ing flftathletieeoaen Mhletie

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AB 1435 -2-

ftdministrator or Mhletie direetor to hftve provided initiftl trftining byJflfttlM) I 2014 on speeified mfttters relMing to ehiM a-bttse ftftdnegleetfor those employees On ftftd ftfter lftnuftry 12014 the bill vvottld reeJtlireinitiftl trftining to be pro vided IV ithin 6 months of the dMe ftn indi vidttftlbeeomes employed in thM eftlfteiry The bill vvouM require theseindividuftls to eomplete eontifttling tminmg every 2 yeMs

By imposing the reporting requirements on a new class of personsfor whom failure to report specified conduct is a crime ftftdby imposingne~ trftining reeJtlirements on publie oIgftfiiZMions ineluding loeftlgOvernment entities this bill would impose a state-mandated localprogram

The Cftlifomift Constittltion reqtlires the stMe to reimbtlfse loeftlftgeneies ftnd sehool distriets for eertftin eosts mftftdMed by the stftteStftttltory pItYvisions esffiblish proeedtlfes for mftkffigthftt reimbtlfsement

This bill hould pro vide thM 4vith regMd to eertftin mftftdfttes noIeimbtlfsement is reeJtlired by this ftet for ft speeified reftson

Vith regftM to ftny other mftndMeS this bill vv0tlM pro vide thM if theCommission on StMe ~bndtltes determines thM the bill eontftins eostsso mftndftted by the stftte reimbttIsement for those eosts shftll be mftdeptlfStlftnt to the stftttltory pro visions noted ttbo ve

The California Constitution requires the state to reimburse localagencies and school districts for certain costs mandated by the stateStatutory provisions establish procedures for making thatreimbursement

This bill would provide that no reimbursement is required by this actfor a specified reason

Vote majority Appropriation no Fiscal committee yesState-mandated local program yes

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 111657 of the Penal Code is amended2 to read3 111657 (a) As used in this article mandated reporter is4 defined as any of the following5 (1) A teacher6 (2) An instructional aide7 (3) A teachers aide or teachers assistant employed by any8 public or private schooL9 (4) A classified employee of any public schooL

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-3- AB 1435

1 (5) An administrative officer or supervisor of child welfare and2 attendance or a certificated pupil personnel employee of any public3 or private school4 (6) An administrator of a public or private day camp

(7) An administrator or employee of a public or private youth6 center youth recreation program or youth organization7 (8) An administrator or employee of a public or private8 organization whose duties require direct contact and supervision9 of children

(9) Any employee of a county office of education or the State11 Department of Education whose duties bring the employee into12 contact with children on a regular basis13 (10) A licensee an administrator or an employee of a licensed14 community care or child day care facility

(11) A Head Start program teacher16 (12) A licensing worker or licensing evaluator employed by a17 licensing agency as defined in Section 111651118 (13) A public assistance worker19 (14) An employee of a child care institution including but not

limited to foster parents group home personnel and personnel of21 residential care facilities22 (15) A social worker probation officer or parole officer23 (16) An employee of a school district police or security24 department

(17) Any person who is an administrator or presenter of or a26 counselor in a child abuse prevention program in any public or27 private school28 (18) A district attorney investigator inspector or local child29 support agency caseworker unless the investigator inspector or

caseworker is working with an attorney appointed pursuant to31 Section 317 of the Welfare and Institutions Code to represent a32 mmor33 (19) A peace officer as defined in Chapter 45 (commencing34 with Section 830) of Title 3 of Part 2 who is not otherwise

described in this section36 (20) A firefighter except for volunteer firefighters37 (21) A physician and surgeon psychiatrist psychologist dentist38 resident intern podiatrist chiropractor licensed nurse dental39 hygienist optometrist marriage and family therapist clinical social

worker professional clinical counselor or any other person who

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AB 1435 -4-

is currently licensed under Division 2 (commencing with Section500) of the Business and Professions Code

(22) Any emergency medical technician I or II paramedic orother person certified pursuant to Division 25 (commencing withSection 1797) of the Health and Safety Code

(23) A psychological assistant registered pursuant to Section2913 of the Business and Professions Code

(24) A marriage and family therapist trainee as defined insubdivision (c) of Section 498003 of the Business and ProfessionsCode

(25) An unlicensed marriage and family therapist internregistered under Section 498044 of the Business and ProfessionsCode

(26) A state or county public health employee who treats a minorfor venereal disease or any other condition

(27) A coroner(28) A medical examiner or any other person who performs

autopsies(29) A commercial film and photographic print processor as

specified in subdivision (e) of Section 11166 As used in thisarticle commercial film and photographic print processor meansany person who develops exposed photographic film into negativesslides or prints or who makes prints from negatives or slides forcompensation The term includes any employee of such a personit does not include a person who develops film or makes prints fora public agency

(30) A child visitation monitor As used in this article childvisitation monitor means any person who for financialcompensation acts as monitor of a visit between a child and anyother person when the monitoring of that visit has been orderedby a court of law

(31) An animal control officer or humane society officer Forthe purposes ofthis article the following terms have the followingmeanings

(A) Animal control officer means any person employed by acity county or city and county for the purpose of enforcing animalcontrol laws or regulations

(B) Humane society officer means any person appointed oremployed by a public or private entity as a humane officer who is

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-5- AB 1435

qualified pursuant to Section 14502 or 14503 of the CorporationsCode

(32) A clergy member as specified in subdivision (d) of Section11166 As used in this article clergy member means a priestminister rabbi religious practitioner or similar functionary of achurch temple or recognized denomination or organization

(33) Any custodian of records of a clergy member as specifiedin this section and subdivision (d) of Section 11166

(34) Any employee of any police department county sheriffsdepartment county probation department or county welfaredepartment

(35) An employee or volunteer of a Court Appointed SpecialAdvocate program as defined in Rule 1424 ofthe California Rulesof Court

(36) A custodial officer as defined in Section 8315(37) Any person providing services to a minor child under

Section 12300 or 123001 of the Welfare and Institutions Code(38) An alcohol and drug counselor As used in this article an

alcohol and drug counselor is a person providing counselingtherapy or other clinical services for a state licensed or certifieddrug alcohol or drug and alcohol treatment program Howeveralcohol or drug abuse or both alcohol and drug abuse is not inand of itself a sufficient basis for reporting child abuse or neglect

(39) A clinical counselor trainee as defined in subdivision (g)of Section 499912 of the Business and Professions Code

(40) A clinical counselor intern registered under Section 499942of the Business and Professions Code

(41) An athletic coach athletic administrator or athletic directoremployed by a public or private organization including but notlimited to schools and instittttions of higher e6ueation thatprovidekindergarten or any of grades 1 to 12 inclusive

(b) Except as provided in paragraph (35) of subdivision (a)volunteers of public or private organizations whose duties requiredirect contact with and supervision of children are not mandatedreporters but are encouraged to obtain training in the identificationand reporting of child abuse and neglect and are further encouragedto report known or suspected instances of child abuse or neglectto an agency specified in Section 111659

(c) Employers are strongly encouraged to provide theiremployees who are mandated reporters with training in the duties

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AB 1435 -6-

imposed by this article This training shall include training in childabuse and neglect identification and training in child abuse andneglect reporting Whether or not employers provide theiremployees with training in child abuse and neglect identificationand reporting the employers shall provide their employees whoare mandated reporters with the statement required pursuant tosubdivision (a) of Section 111665

(d) School districts that do not train their employees specifiedin subdivision (a) in the duties of mandated reporters under thechild abuse reporting laws shall report to the State Department ofEducation the reasons why this training is not provided

(e) Unless otherwise specifically provided the absence oftraining shall not excuse a mandated reporter from the dutiesimposed by this article

(f) Public and private organizations are encouraged to providetheir volunteers whose duties require direct contact with andsupervision of children with training in the identification andreporting of child abuse and neglect

(g) (1) On 6r befure Jttmtary 1 2014 ttll) pttblie 6r privflie6rganizttti6ftemp16ing ttft Mhletie e6tteh Mhletie ttdmimstrltt6r6r Mhletie direet6r ttSspeeified ift pMttgrttph (41) 6f sttbdivisi6ft(tt) shttll pr6 vide iftitittl trttining f6r th6se empl~ ees 6n thefull6vvingmtttters

(A) The identifiettti6n 6f ehild ttbttse ttnd negleet(D) Aeti vities thttt e6ftstitttte inltppr6prittte ttftd illegttl e6ntttet

betiveen tt 6tlth ltftd ltft ttthietie e6tteh Mhletie ttdmiftistrttt6r 6rttthietie direet6r

(6) The resp6nsibilities 6f tt pers6n identified lIStt mttndfliedrep6rter in this seeti6n ineIttding btl ft6t limited t6 ttll 6f thefull6 vving

(i) T6 ~h6m tt rep6rt is reqtlired t6 be mttde(ii) The inf6rmttti6n thttt is reqttired t6 be ifte1ttdedin tt rep6rt(iii) The time vvithiftvvhieha mandated rep6rter is reqttired t6

file tt rep6rt(2) Initittl training shall be pr6vided b perS6ftSkn6vvledgeltble

ift the identifiettti6n 6fehild aettse ttnd negleet inltppf6prittte ltftdillegal e6ntaet bem eena 6ttth and ltftadttIt ltftdstatttt6ry rep6rtingreqttiremeftts ltftdshttll e6nsist 6ftw6 h6ttrs 6felassr66m 6r 6therinteraetive trainiftg ltftdedttettti6n

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1 (h) Commeneing on fmd aftel Jfmtlftry12014 fmofgfmization2 speeified in sttbdivision (g) shaHpro ide initial training within six3 months of the date that fm individtutl beeomes empleryed as an4 Mhletie eoaeh athletie administrator or athletie direetor ttnless5 the indi idttal reeei ed training Hithin tw0 years prior to the date6 the indi idtlal is empleryed An Mhletie eoaeh athletie7 administrator or athletie direetor Hho has leeeied initial training8 ptlfStlafttto sttbdiision (g) shall eomplete eontifttling training9 thereafter onee eery two years eonsisting of one hottf of

10 elassroom or other interaeti e training fmd edtteation11 SEC 2 No reimbtlrsement is reqtlired by this aet pttfStlafttto12 Seetion 6 ofArtiele )GIlD of the California Constitution for eertain13 eosts that may be inetllTed by a loeal ageney or sehool distriet14 beeatlse ift that regard this aet ereates a nev erime or infraetion15 eliminates a erime or infraetion or ehfmges the penalty fOfa erime16 or inflaetion Hithin the meaning of Seetion 17556 of the17 Goemment Code or ehanges the definition ofa elime Hithin the18 meaning of Seetion 6 of Aniele XIII D of the Califomia19 Constitution20 IIo~eer if the Commission on State Mfmdates determines that21 this aet eontainsother eosts mfmdated by the state reimbttfsement22 to loeal ageneies fmd sehool distliets for those eosts shall be made23 ptlfStlafttto Part 7 (eommeneing Hith Seetion 17500) of Division24 4 of Title 2 of the Goemment Code25 SEC 2 No reimbursement is required by this act pursuant to26 Section 6 of Article XIII B of the California Constitution because27 the only costs that may be incurred by a local agency or school28 district will be incurred because this act creates a new crime or29 infraction eliminates a crime or infraction or changes thepenalty30 for a crime or infraction within the meaning of Section 17556 of31 the Government Code or changes the definition of a crime within32 the meaning of Section 6 of Article XIII B of the California33 Constitution

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AB 1904 Assembly Bill Status

MEASURE AUTHOR(S)TOPIC

HOUSE

CURRENT BILL STATUS

AB No 1904Block Butler and

Professions and vocationslicenses

LOCATION

Cookmilitary spouses temporary

TYPE OF BILL

SEN

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyAppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpub11-12billasmab _1901-1950ab _1904_ bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes Noes OOPASS17

An act to add Section 1155 to the Business andProfessions Code relating to professions and vocationsand making an appropriation therefor

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AB 1588 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1588AUTHOR(S) Atkins (Principal coauthors Cook and Nielsen)

(Coauthors Block Beth Gaines Pan V Manuel PerezWilliams and Yamada)

TOPIC Professions and vocations reservist licensees fees andcontinuing education

HOUSE LOCATION SEN+LAST AMENDED DATE 03052012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS forLAST

LAST

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

TITLE An act to add Section 1143 to the Business andProfessions Code relating to professions and vocations

htlpllwwwleginfocagovpubll-12Ibillasmlab _1551-1600ab _1588 _bill_20120601_statu 652012

middot

AMENDED IN ASSEMBLY MARCH 5 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1588

Introduced by Assembly Member Atkins(Principal coauthors Assembly Members Cook and Nielsen)

(Coauthors Assembly Members Block Beth Gaines PanV Manuel Perez Williams and Yamada)

February 6 2012

An act to add Section 1143 to the Business and Professions Coderelating to professions and vocations

LEGISLATIVE COUNSELS DIGEST

AB 1588 as amended Atkins Professions and vocations reservistlicensees fees and continuing education

Existing law provides for the regulation of various professions andvocations by boards commissions or bureaus within the Departmentof Consumer Affairs and for the licensure or registration of individualsin that regard Existing law authorizes any licensee whose licenseexpired while he or she was on active duty as a member of the CaliforniaNational Guard or the United States Armed Forces to reinstate his orher license without examination or penalty if certain requirements aremet

This bill would require the boards commissions or bureaus describedabove to waive the renewal fees and continuing education requirementsif either is applicable of any licensee or registrant who is a reservistcalled to active duty as a member of the United States Military Reserveor the California National Guard if certain requirements are met

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

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AB 1588 -2-

Thepeople of the State of Califomi a do enact asfollows

1 SECTION 1 Section 1143 is added to the Business and2 Professions Code to read3 1143 Notwithstanding any other provision oflaw everyboard4 commission or bureau within the department shall waive the5 renewal fees and continuing education requirements if either is6 applicable for any licensee or registrant who is a reservist called7 to active duty as a member of the United States Military Reserve8 or the California National Guard if all of the following9 requirements are met

10 (a) The licensee or registrant was in good standing with the11 board commission or bureau at the time the reservist was called12 to active duty13 (b) The renewal fees or continuing education requirements are14 waived only for the period during which the reservist is on active15 duty service16 (c) The active duty reservist or the active duty reservists spouse17 or registered domestic partner provides written notice satisfactory18 to the board commission or bureau that substantiates the19 reservists active duty service

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AB 1896 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1896AUTHOR(S) ChesbroTOPIC Tribal health programs health care practitionersHOUSE LOCATION SEN+LAST AMENDED DATE 03272012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATIONCOMM ACTION DATECOMM ACTIONCOMM VOTE SUMMARY

ASM

05172012Referred to Com on B P amp EDBUSINESS PROFESSIONS AND CONSUMER PROTECTION04102012

Do passAyes 09 Noes OOPASS

TITLE An act to amend the heading of Article 10 (commencingwith Section 710) of Chapter 1 of Division 2 of and toadd Section 719 to the Business and Professions Coderelating to healing arts

httpwwwleginfocagovpubI11-12lbillasmab_1851-1900ab_1896_bill_20120517 _statu 652012

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AMENDED IN ASSEMBLY MARCH 27 2012

CALIFORNIA LEGISLATURE-20II-12 REGULAR SESSION

ASSEMBLY BILL No 1896

Introduced by Assembly Member Chesbro

February 222012

An act to amend the heading of Article 10 (commencing with Section710) of Chapter 1 of Division 2 of and to add Section 719 to theBusiness and Professions Code relating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1896 as amended Chesbro Tribal health programs health carepractitioners

Under existing federal law licensed health professionals employedby a tribal health program are required to be exempt if licensed in anystate from the licensing requirements of the state in which the tribalhealth program performs specified services A tribal health program isdefined as an Indian tribe or tribal organization that operates any healthprogram service function activity or facility funded in whole or partby the Indian Health Service

Existing law provides for the licensure and regulation of health carepractitioners by various healing arts boards within the Department ofConsumer Affairs

This bill would codify that federal requirement by specifying that aperson who is licensed as a health care practitioner in any other stateand is employed by a tribal health program is exempt from any statelicensing requirement with respect to acts authorized under thepersonslicense where the tribal health program performs specified services

Vote majority Appropriation no Fiscal committee noState-mandated local program no

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AD 1896 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 The heading of Article 10 (commencing with2 Section 710) of Chapter 1 of Division 2 of the Business and3 Professions Code is amended to read456789

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Article 10 Federal Personnel and Tribal Health Programs

SEC 2 Section 719 is added to the Business and ProfessionsCode to read

719 (a) A person who is licensed as a health care practitionerin any other state and is employed by a tribal health program asdefined in Section 1603 of Title 25 of the United States Code shallbe exempt from any licensing requirement described in this divisionwith respect to acts authorized under the persons license wherethe tribal health program performs the services described in thecontract or compact of the tribal health program under the IndianSelf-Determination and Education Assistance Act (25 USC Sec450 et seq)

(b) For purposes of this section health care practitioner meansany person who engages in acts that are the subject of licensureor regulation under this division or Ml) initiative 8et referred to inthis division the law of any other state

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CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1904

Introduced by Assembly Members Block Butler and Cook

February 222012

An act to add Section 1155 to the Business and Professions Coderelating to professions and vocations and making an appropriationtherefor

LEGISLATIVE COUNSELS DIGEST

AB 1904 as introduced Block Professions and vocations militaryspouses temporary licenses

Existing law provides for the licensure and regulation of variousprofessions and vocations by boards within the Department of ConsumerAffairs Existing law provides for the issuance of reciprocal licenses incertain fields where the applicant among other requirements has alicense to practice within that field in another jurisdiction as specifiedUnder existing law licensing fees imposed by certain boards withinthe department are deposited in funds that are continuously appropriated

This bill would authorize a board within the department to issue atemporary license to an applicant who among other requirements holdsan equivalent license in another jurisdiction as specified and is marriedto or in a legal union with an active duty member of the Armed Forcesofthe United States who is assigned to a duty station in California underofficial active duty military orders The bill would require a board toexpedite the process for issuing these temporary licenses The bill wouldrequire the applicant to pay any fees required by the board and wouldrequire that those fees be deposited in the fund used by the board toadminister its licensing program To the extent that the bill would

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AB 1904 -2-

increase the amount of money deposited into a continuously appropriatedfund the bill would make an appropriation

Vote majority Appropriation yes Fiscal committee yesState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 1155 is added to the Business and2 Professions Code to read3 1155 (a) A board within the department may issue a4 temporary license to an applicant who meets all of the following5 requirements6 (l) Submits an application in the manner prescribed by the7 board8 (2) Supplies evidence satisfactory to the board that the applicant9 is married to or in a domestic partnership or other legal union

10 with an active duty member of the Armed Forces of the United11 States who is assigned to a duty station in this state under official12 active duty military orders13 (3) Holds a current license in another state district or territory14 of the United States with the requirements that the board determines15 are substantially equivalent to those established under this code16 for that occupation17 (4) Has not committed an act in anyjurisdiction that would have18 constituted grounds for denial suspension or revocation of the19 license under this code at the time the act was committed20 (5) Has not been disciplined by a licensing entity in another21 jurisdiction and is not the subject of an unresolved complaint22 review procedure or disciplinary proceeding conducted by a23 licensing entity in another jurisdiction24 (6) Pays any fees required by the board Those fees shall be25 deposited in the applicable fund or account used by the board to26 administer its licensing program27 (7) Submits fingerprints and any applicable fingerprinting fee28 in the manner required of an applicant for a regular license29 (b) A board shall expedite the procedure for issuing a temporary30 license pursuant to this section31 (c) A temporary license issued under this section shall be valid32 for 180 days except that the license may at the discretion of the

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-3- AB 1904

I board be extended for an additional180-day period on application2 of the license holder3 (d) A board may adopt regulations necessary to administer this4 section

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AB 1932 Assembly Bill Status

MEASURE AUTHOR(S)TOPICHOUSE+LAST

CURRENT BILL STATUS

AB No 1932Gorell (Coauthor Cook)

United States armed services healing arts boardsLOCATION SENAMENDED DATE 04172012

TYPE OF BILL

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpubI11-12Ibillasmab_1901-1950ab_1932_bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

An act to add Section 7102 to the Business andProfessions Code relating to healing arts

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AMENDED IN ASSEMBLY APRIL 172012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1932

Introduced by Assembly Member-Ceek Gorell(Coauthor Assembly Member Cook)

February 222012

An act to add Section 7102 to the Business and Professions Coderelating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1932 as amended euroook Gorell United States armed serviceshealing arts boards

Existing law provides for the licensure and regulation of varioushealing arts professions and vocations by boards within the Departmentof Consumer Affairs Existing law requires the rules and regulations ofthese healing arts boards to provide for methods of evaluating educationtraining and experience obtained in military service if such training isapplicable to the requirements of the particular profession or vocationregulated by the board Under existing law the Department of VeteransAffairs has specified powers and duties relating to various programsserving veterans

This bill would require by January 12014 and annually thereafterevery healing arts board to issue a specified written report to theDepartment of Veterans Affairs and the Legislature as specified thatclearly details the methods of evaluating the education training andexperience obtained in military service and whether that educationtraining and experience is applicable to the boards requirements forlicensure The bill would declare the intent of the Legislature in thisregard

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AB 1932 -2-

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 710 of the Business and Professions Code2 was enacted in 1969 and because healing arts boards have not3 demonstrated significant compliance with that section it is the4 intent of the Legislature to establish an annual reporting5 requirement to compel these boards to provide information about6 the methods of evaluating education training and experience7 obtained in military service in order to meet the needs of the8 upcoming wave of armed service members returning to civilian9 life

10 SEC 2 Section 7102 is added to the Business and Professions11 Code to read12 7102 (a) By January 12014 and annually thereafter every13 healing arts board described in this division shall issue a written14 report to the Department of Veterans Affairs and to the Legislature15 that clearly details the methods of evaluating the education16 training and experience obtained in military service and whether17 that education training and experience is applicable to the boards18 requirements for licensure This written report shall include but19 not be limited to quantitative information about the number of20 service members who have applied for and have used their military21 education training and experience to fulfill the boards22 requirements for licensure23 (b) (1) The requirement to submit a report to the Legislature24 under subdivision (a) shall be inoperative on January 1 201825 pursuant to Section 102315 of the Government Code26 (2) A report to the Legislature shall be submitted in compliance27 with Section 9795 of the Government Code

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Page 30: DISCUSSION ANDPOSSIBLE ACTION REGARDING PENDING … · 2012-06-14  · Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of2010 (PublicLaw 111-152)

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(2) EA) Persems who Me trftined Md qtlftlified to sene onmtlltidiseiplinftfjf persoflftel teftll1smfty diselose to one Mlotherinfermtttion Md reeords thftt Me relevflnt to the preventionidentifiefttion or trefttment of ftbttse of elderly or dependentpersons

EB) Exeept ftSpro vided in SMpMftgrftph EA) Mly personnel ofthe ftltlltidiseiplinftry teftftl or ftgeney thftt reeeives informfttionptlrstlftnt to this ehflPtel shftH he tinder the sftme ohligfttions ftndsttbjeet to the sftme eonfidentiftlity penftlties ftS the pelsondisdosing or pro viding thftt infermfttion The informfttion ohtftinedshftH he mftintftined in ft ftlftflfter thftt enstlfes the ftlftXimttmproteetion ofprivftey ftnd eonfidentiftlity rights

Ee) This seetion shftH not he eonstftled to ftHo diselostlfe ofMy reports or reeords rde vMit to the reports of elder or dependentftdttlt ftbttse if the disdostlfe votlld he prohibited hy My other110visions of stftte or federftllft bullbull ftppliefthle to the reports or reeordsrele vftnt to the reports of the flbttse

Ed) This seetion shftH heeome operftti ve on Jftntlftry I 2013SEC 5 Section 15634 of the Welfare and Institutions Code

as amended by Section 7 of Chapter 140 of the Statutes of 2005is amended to read

15634 (a) No care custodian clergy member healthpractitioner mandated reporter of suspected financial abuse of anelder or dependent adult or employee of an adult protectiveservices agency or a local law enforcement agency who reports aknown or suspected instance of abuse of an elder or dependentadult shall be civilly or criminally liable for any report requiredor authorized by this article Any other person reporting a knownor suspected instance of abuse of an elder or dependent adult shallnot incur civil or criminal liability as a result of any reportauthorized by this article unless it can be proven that a false reportwas made and the person knew that the report was false No personrequired to make a report pursuant to this article or any persontaking photographs at his or her discretion shall incur any civil orcriminal liability for taking photographs of a suspected victim ofabuse of an elder or dependent adult or causing photographs to betaken of such a suspected victim or for disseminating thephotographs with the reports required by this article Howeverthis section shall not be construed to grant immunity from thisliability with respect to any other use of the photographs

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(b) No care custodian clergy member health practitionermandated reporter of suspected financial abuse of an elder ordependent adult or employee of an adult protective services agencyor a local law enforcement agency who pursuant to a request froman adult protective services agency or a local law enforcementagency investigating a report of known or suspected abuse of anelder or dependent adult provides the requesting agency withaccess to the victim of a known or suspected instance of abuse ofan elder or dependent adult shall incur civil or criminal liabilityas a result of providing that access

(c) The Legislature finds that even though it has providedimmunity from liability to persons required to report abuse of anelder or dependent adult immunity does not eliminate thepossibility that actions may be brought against those persons basedupon required reports of abuse In order to further limit the financialhardship that those persons may incur as a result of fulfilling theirlegal responsibilities it is necessary that they not be unfairlyburdened by legal fees incurred in defending those actionsTherefore a care custodian clergy member health practitioneror an employee of an adult protective services agency or a locallaw enforcement agency may present to the StMe B6Md 6pound C6ntr61California Victim Compensation and Government Claims Boarda claim for reasonable fttt6meys attorneys fees incurred in anyaction against that person on the basis of making a report requiredor authorized by this article if the court has dismissed the actionupon a demurrer or motion for summary judgment made by thatperson or if he or she prevails in the action The StMe B6ftrd 6fC6ntr61 California Victim Compensation and Government ClaimsBoard shall allow that claim if the requirements ofthis subdivisionare met and the claim shall be paid from an appropriation to bemade for that purpose Att6mey s Attorneys fees awarded pursuantto this section shall not exceed an hourly rate greater than the ratecharged by the Attorney General at the time the award is madeand shall not exceed an aggregate amount of fifty thousand dollars($50000) This subdivision shall not apply if a public entity hasprovided for the defense of the action pursuant to Section 995 ofthe Government Code

(d) This seeti6n shftll remftin in dfeet 6ttly tmtil J8fttlfll)1 2013ftnd ftS6pound thftt dMe is repeftled wIess ft IMer enfteted stMute thMis en8eted before Jftftt18ry12013 deletes 6r extends thM dMe

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SEC 6 Section 15634 of the Welfare and Institutions Codeas amended by Section 711 ojChapter 538 of the Statutes oj2006is repealed

15634 eft) No eMe etlstodimt ele~ member hea-lthpraetitioner or employee of an adttlt proteeti-ve serviees ageneyor a loeal larn enforeement ageney who reports a lrnown orsttspeeted instanee of elder or dependent adtllt abtlse shaHbe eiviHyor eriminalry liable for any report reqttired or attthorizedby thisartiele Any other peIson reporting a lrnOWfior stlspeeted instaneeof elder or dependeItt adttIt abtlse shall not inettr ei vil or eriminalliability as a restllt of any report attthorizedby this artiele ttnlessit ean be pro ven that a false report was made and the person knewthat the report vvasrelse gteJoperson reqtlired to make a reportptlrstlant to this artiele or any person taking photographs at his orher diseretion shall inettr any eivii or eriminalliability fer takingphotographs of a stlspeeted vietim of elder or dependent adtlltabtlse or eattsing photographs to be taken of the stlspeeted vietimor fOIdisseminating the photographs with the reports reqtlired bythis artiele However this seetion shall not be eonstmed to gIantimmttnity from this liability vvithrespeet to any other tlse of thephotographs

(b) No eMe etlstodian el~ member health praetitioner oremployee of an adtlIt proteetive seniees ageney or a loea-l lawenfereemeItt ageney who pttrsttant to a reqtlest from an adttltproteeti-ie seniees ageney or a loeal lavI enforeemeItt ageneyinvestigating a report of lrnOViftor stlspeeted elder or dependentadtllt abtlse proides the reqtlesting ageney with aeeess to thevietim of a lrnovvnor stlspeeted instanee of elder or dependeIttadttlt abtlse shall inettr eiviI or eriminal liability as a restlIt ofpro viding that aeeess

ee) The Legislatttre finds that even thOtlgh it has pIOvidedimmtlnity from liability to peIsons reqtlired to report elder ordependent mit abttse immtlIlity does not eliminate the possibilitythat aetions may be brotlght agamst those persons based tlJ0nreqtlired reports of abtlse In order to fttrther limit the finaneialhardship that those persons may inettr as a resttIt offttlfilling theirlegal responsibilities it is neeessary that they not be tlftreirlybttrdened by legal fees inetlffed in defending those aetionsTherefore a eMeetlstodian ele~ member health praetitioneror employee ofan adttlt proteetive seniees ageney or a loeallffi7t

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AB518 -18-

enfOieement agene)l ma) present to the CalifeJmia VietimCempensatien and Geemment Claims BeMd a elaim feJrreasenable atteme)s fees inetJifedin any aetien agffinstthat persenen the basis efmMcinga repert reqtlired er attth6rizedb)l this Mtieleif the eeM has dismissed the aetien t1pen a demtlffer el metienfur sttmillM)lj tldgment made b that persen el ifhe er she preailsin the aetien The Califumia Vietim Cempensatien andGeemment Claims Beard shall allew that ehtim if thereqtlirements ef this sttbdi isien Me met and the elaim shall bepaid fl6man fllprepriatien te be made fur that ptllpese Atteme) sfees aarded ptliStlMltto this seetien shall net exeeedan hetlilyrate greater than the late eharged b the Attemey General at thetime the aard is made and sh8llnet exeeedan aggregate amettllteffitty thetlsanBdellMs ($50000) This sttbdF isien shall net applyif a pttblie enti) has pmbullided fer the defense ef the aetien ptlistlantte Seetien 995 ef the Ge emment Cede

(6) This seetien shall beeeme eperatie en JMttlM)12013SEC 7 Section 15640 of the Welfare and Institutions Code

as amended by Section 9 of Chapter 140 of the Statutes of2005is amended to read

15640 (a) (1) An adult protective services agency shallimmediately or as soon as practically possible report by telephoneto the law enforcement agency having jurisdiction over the caseany known or suspected instance of criminal activity and to anypublic agency given responsibility for investigation in thatjurisdiction of cases of elder and dependent adult abuse everyknown or suspected instance of abuse pursuant to Section 15630or 156301 of an elder or dependent adult A county adult protectiveservices agency shall also send a written report thereof within twoworking days of receiving the information concerning the incidentto each agency to which it is required to make a telephone reportunder this subdivision Prior to making any cross-report ofallegations of financial abuse to law enforcement agencies anadult protective services agency shall first determine whether thereis reasonable suspicion of any criminal activity

(2) If an adult protective services agency receives a report ofabuse alleged to have occurred in a long-term care facility thatadult protective services agency shall immediately inform theperson making the report that he or she is required to make thereport to the long-term care ombudsman program or to a local law

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enforcement agency The adult protective services agency shallnot accept the report by telephone but shall forward any writtenreport received to the long-term care ombudsman

(b) If an adult protective services agency or local lawenforcement agency or ombudsman program receiving a report ofknown or suspected elder or dependent adult abuse determinespursuant to its investigation that the abuse is being committed bya health practitioner licensed under Division 2 (commencing withSection 500) of the Business and Professions Code or any relatedinitiative act or by a person purporting to be a licensee the adultprotective services agency or local law enforcement agency orombudsman program shall immediately or as soon as practicallypossible report this information to the appropriate licensingagency The licensing agency shall investigate the report in lightof the potential for physical harm The transmittal of informationto the appropriate licensing agency shall not relieve the adultprotective services agency or local law enforcement agency orombudsman program of the responsibility to continue its owninvestigation as required under applicable provisions of law Theinformation reported pursuant to this paragraph shall remainconfidential and shall not be disclosed

(c) A local law enforcement agency shall immediately or assoon as practically possible report by telephone to the long-termcare ombudsman program when the abuse is alleged to haveoccurred in a long-term care facility or to the county adultprotective services agency when it is alleged to have occurredanywhere else and to the agency given responsibility for theinvestigation of cases of elder and dependent adult abuse everyknown or suspected instance of abuse of an elder or dependentadult A local law enforcement agency shall also send a writtenreport thereof within two working days of receiving the informationconcerning the incident to any agency to which it is required tomake a telephone report under this subdivision

(d) A long-term care ombudsman coordinator may report theinstance of abuse to the county adult protective services agencyor to the local law enforcement agency for assistance in theinvestigation of the abuse if the victim gives his or her consent Along-term care ombudsman program and the Licensing andCertification Division ofthe State Department ofIIealth SeI ieesPublic Health shall immediately report by telephone and in writing

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AB518 -20-

1 within two working days to the bureau any instance of neglect2 occurring in a health care facility that has seriously harmed any3 patient or reasonably appears to present a serious threat to the4 health or physical well-being of a patient in that facility If a victim5 or potential victim of the neglect withholds consent to being6 identified in that report the report shall contain circumstantial7 information about the neglect but shall not identify that victim or8 potential victim and the bureau and the reporting agency shall9 maintain the confidentiality of the report until the report becomes

lOa matter of public record11 (e) When a county adult protective services agency a long-term12 care ombudsman program or a local law enforcement agency13 receives a report of abuse neglect or abandonment of an elder or14 dependent adult alleged to have occurred in a long-term care15 facility that county adult protective services agency long-term16 care ombudsman coordinator or local law enforcement agency17 shall report the incident to the licensing agency by telephone as18 soon as possible19 (f) County adult protective services agencies long-term care20 ombudsman programs and local law enforcement agencies shall21 report the results of their investigations of referrals or reports of22 abuse to the respective referring or reporting agencies23 Eg) This seeti6n shall remain in dIcet 6ny tlfttilJ~ 1201324 and as 6f that date is repealed unless a later enaeted stMttte that25 is enaeted bef6re Janttary 12013 deletes 6r extends that date26 SEC 8 Section 15640 of the Welfare and Institutions Code27 as added by Section 10 of Chapter 140 of the Statutes of 2005 is28 repealed 29 15640 Ea) E1) An adult pr6teeti e sen iees ageney shall30 immediate) 6r as S66nas praetieal) p6ssible rep6rt 0 te1eph6ne31 t6 the la~ enf6reement ageney haing jttrisdieti6n 6er the ease32 an kntMfl6r suspeeted instanee 6f eriminal aeth it) and t6 any33 pttblie agene gien resp6nsibilit) f6r illestigMi6n in that34 jurisdieti6n 6f eases 6f elder and dependent adttlt abuse eery35 kfl6n6r suspeeted instanee 6f aetlse purstlant t6 Seeti6n 1563036 6f an elder 6r dependent adttlt A e6t11ltyadttlt pr6teeti e sen iees37 ageney shall als6 send a TV ritten rep6rt there6f Vv ithin ti 6 V 6rking38 days 6f reeeiving the inwrmati6n e6neeming the ineident t6 eaeh39 ageney t6 vv hieh it is reqtlired t6 make a teleph6ne Iep6rt tlftder40 this subdiisi6n Pri6r t6 making an er6SSIep6rt 6f allegati6ns

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-21- AB518

offilumeial abttse to lavvenforeemertt a-geneiesMladult proteetFesen iees agene) shaH first determine whether there is reasonablesuspieion of tmJ eriminM aeti vit

(2) If an adult proteeti ve sen iees agene) reeei ves a report ofabttse alleged to ha ve oeettlTed in a long teml eare faeilit) thatadttlt proteeti ve sen iees ageney shall immediate) infoml theperson making the report that he or she is required to make thereport to the long term eare ombttdsman program 01 to aloeallawenforeemertt a-geneyThe adttlt proteeti ve sen iees agene) shallnot aeeept the report b) telephone btlt shall fonvMd flit) vvTittenreport leeehed to the long teml eare ornbtldsman

(b) If an adtllt proteetive seniees ageney or loeal lawenforeement agene) or ornbtldsman program reeei vinga report ofkftovm or stlspeeted elder or dependent adttlt MtlSe determinespttrstlartt to its inYestigationthat the flbttseis being eommitted bya health 11aetitioner lieensed tlftder Division 2 (eonJffieneingwithSeetion 500) of the Btlsiness flftdProfessions Code or flit) lelatedinitiatiye aet or by a person ptlrporting to be a lieensee the adtlltproteetive seniees a-gene) or loeallaw enforeement agene) orombttdsman program shall immediate) or as soon as praetieall)possible report this mformation to the appropriate lieensingagene) The lieensing agene) shall investigate the report in lightof the poterttial fur ph) sieal hamlThe trMlsmittfllof informationto the appropriate lieensing agene) shall not relieve the adtlltproteethe serviees agene) or loeallaw enforeement agene) orornbtldsmflft program of the responsibility to eorttinue its 0~vninvestigation as reqttired tlftder applieable provisions of law Theinformation reported pttrstlant to this paragraph shall remaineoniiderttial flItdshfl11not be diselosed

(e) A loealla bullbull enforeement agefte) shall immediate) or assoon as praetieal) possible report b) telephone to the long termeare ombtldsman program bullbullhen the abtlse is alleged to haveoeetllTed in a long term eare faeilit) or to the eotlnt) adttltproteetive seniees agene) bullbullhen it is alleged to have oeeUlfedan) vvhere else flftd to the agene) gh en responsibilit) for theinvestigation of eases of elder and dependent adttlt abtlse everykftovm or stlspeeted instflftee of MtlSe of an elder or dependerttadttlt A loeallaw enforeement ageney shall also send a Ylfittenreport thereof bullbullithin ftv0 vvorking dfl)s ofreeei ving the infomlation

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eoneeming the ineident to an agenC) to vvhieh it is reqtlired toftutke a telephone report tlIlderthis stlbdh ision

Ed) A long tenn eare ombttdsman eoordinator mll) report theinstlllleeof abtlse to the eot1llryadttlt proteetive seniees ageneyor to the loeal la bullbull enforeement agenC) for assistlllleein theinvestigationof the abttse if the vietim gives his or her eonsent Along tenn eMe ombtldsmllllprogram llIldthe Lieensing llIldCertifieation Division of the State DepMtment ofIIealth Senieesshall immediately report b telephone llIldin vvriting vvithin hiv0tv orkingdll) s to the bm eatl an instlllleeof negleet oeet1ffingin ahealth eare faeiliry that has seriotlsl hMmed an patient orreasonably appeMs to present a seriotls threat to the health orph sieal vvell being of a patient in that ffteiliry If a J ietim orpotential TV ietim of the neglect vithholds eonsent to being identifiedin that report the report shall eontain eirettmstlllltialinformationabom the negleet bm shall not identif) that vietim or potentialvietim and the bttreatl llIldthe reporting agenC) shall maintain theeoniidentialiry of the report tlntil the report beeomes a matter ofptlblie reeord

Ee) hen a eotlllryadttlt proteeti ve sen iees agenC) a long termeare ombtldsman program or a loeal la enforeement ageneyreeeives a report ofabttse negleet or ablllldonmentofllllelder ordependent adttlt alleged to have oeet1ffedin a long term earefaeiliry that eotlnty adtllt proteeti ve sen iees agenC) long termeare ombtldsmlllleoordinator or loeallavv enforeement ageneyshall report the ineident to the lieensing agene b telephone assoon as possible

ED COtl1lt)adtllt proteetive seniees ageneies long term eareombttdsman programs and 10ea1lavvenforeement ageneies shallreport the restllts of their investigations of referrals or reports ofabtlse to the respeetive referring or reporting ageneies

Eg) This seetion shall beeome operative on JllIlt1flry12013SEC 9 Section 156555 of the Welfare and Institutions Code

as amended by Section 11 of Chapter 140 of the Statutes of 2005is amended to read

156555 A county adult protective services agency shallprovide the organizations listed in paragraphs (v) (w) and (x) ofSection 1561017 and mandated reporters of suspected financialabuse of an elder or dependent adult pursuant to Section 156301with instructional materials regarding abuse and neglect of an elder

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1 or dependent adult and their obligation to report under this chapter2 At a minimum the instructional materials shall include the3 following4 (a) An explanation of abuse and neglect of an elder or dependent

adult as defined in this chapter6 (b) Information on how to recognize potential abuse and neglect7 of an elder or dependent adult8 (c) Information on how the county adult protective services9 agency investigates reports of known or suspected abuse and

neglect11 (d) Instructions on how to report known or suspected incidents12 of abuse and neglect including the appropriate telephone numbers13 to call and what types of information would assist the county adult14 protective services agency with its investigation of the report

(e) This seetion shall remain in eifcet only tlfttil Jflfttlttry 1 201316 and as of that date is repealed tmless a later enaeted stattlte that17 is enaeted before Jafttlttry 12013 deletes or extends that date18 SEC 10 Section 156555 of the Welfareand Institutions Code19 as amended by Section 712 of Chapter 538 of the Statutes of2006

is repealed21 156555 A eottftt) achtlt proteetive serviees agene) shall22 pmvide the organi2ations listed in paragraphs (v) (vv) and Ex) of23 Seetion 1561017 with instItletional materials regarding elder and24 dependent achtlt abtlse and negleet and their obligation to report

under this ehapter At a minimum the instruetional materials shall26 inelude the follovving27 (a) An explanation of elder and dependent achtlt abuse and28 negleet as defined in this ehapter29 (b) Information on how to reeogni2e potential elder and

dependent achtlt abuse and negleet31 (e) Information on ho vIthe eottftt) achtlt proteeti ve serv iees32 agene) investigates reports of knovm or suspeeted abuse and33 negleet34 (d) Instmetions on hovv to report ]movvn or suspeeted ineidents

of abuse and negleet ineltlding the appropriate telephone llt11llbers36 to eall and what rypes of information vvould assist the eount) adult37 proteetirv e sen iees agene) with its in (estigation of the report38 (e) This seetion shall beeome operati e on January I 20 13

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AB 608 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 608Pan

Health care coverage telemedicine

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to health care

httpwww1eginfocagovpubII-12Ibillasmab_0601-0650ab _608_ bill_ 20120201_status 652012

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AB 783 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 783AUTHOR(S) HayashiTOPIC Professional corporations licensed physical therapists

and occupational therapists+LAST AMENDED DATE 04072011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

COMMCOMMCOMM

HIST ACT DATEHIST ACTION

From committeeRule 62(a)

LOCATION SENACTION DATEACTION

06282011In committee Set second hearing Failed passagewithout further action pursuant to Joint

LASTLAST

BUSINESS PROFESSIONS AND ECONOMIC DEVELOPMENT06272011

Set second hearing Failed passage in Committee

TITLE An act to amend Section 2406 of the Business andProfessions Code and to amend Section 134015 of theCorporations Code relating to professional corporations

httpwwwleginfocagovpub11-12billasmab_0751-0800ab_783_bill_20111115_status 652012

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AMENDED IN ASSEMBLY APRIL 7 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 783

Introduced by Assembly Member Hayashi

February 172011

An act to amend Section 2406 of the Business and Professions Codeand to amend Section 134015 of the Corporations Code relating toprofcssiemal eorporations and deelaring the mgeney thereof to tttkeeffeet immediatelyprofessional corporations

LEGISLATIVE COUNSELS DIGEST

AB 783 as amended Hayashi Professional corporations licensedphysical therapists and occupational therapists

Existing law regulating professional corporations provides that certainhealing arts practitioners may be shareholders officers directors orprofessional employees of a medical corporation-er-a podiatric medicalcorporation or a chiropractic corporation subject to certain limitations

This bill would add licensed physical therapists and licensedoccupational therapists to the list of healing arts practitioners who maybe shareholders officers directors or professional employees of thosecorporations The bill would also make conforming changes to a relatedprovision

This bill vv otlld deelare that it is to take etteet immediately as anmgeney statttte

Vote -majority Appropriation no Fiscal committee noState-mandated local program no

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AB783 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 2406 of the Business and Professions2 Code is amended to read3 2406 A medical corporation or podiatry corporation is a4 corporation that is authorized to render professional services as

defined in Sections 13401 and 134015 ofthe Corporations Code6 so long as that corporation and its shareholders officers directors7 and employees rendering professional services who are physicians8 and surgeons psychologists registered nurses optometrists9 podiatrists chiropractors acupuncturists naturopathic doctors

physical therapists or in the case of a medical corporation only11 physician assistants marriage and family therapists or clinical12 social workers are in compliance with the Moscone-Knox13 Professional Corporation Act the provisions of this article and all14 other statutes and regulations now or hereafter enacted or adopted

pertaining to the corporation and the conduct of its affairs16 With respect to a medical corporation or podiatry corporation17 the governmental agency referred to in the Moscone-Knox18 Professional Corporation Act is the board19 SEC 2 Section 134015 of the Corporations Code is amended

to read21 134015 Notwithstanding subdivision (d) of Section 1340122 and any other provision of law the following licensed persons23 may be shareholders officers directors or professional employees24 of the professional corporations designated in this section so long

as the sum of all shares owned by those licensed persons does not26 exceed 49 percent ofthe total number of shares of the professional27 corporation so designated herein and so long as the number of28 those licensed persons owning shares in the professional29 corporation so designated herein does not exceed the number of

persons licensed by the governmental agency regulating the31 designated professional corporation32 (a) Medical corporation33 (1) Licensed doctors of podiatric medicine34 (2) Licensed psychologists

(3) Registered nurses36 (4) Licensed optometrists37 (5) Licensed marriage and family therapists38 (6) Licensed clinical social workers

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-3-

(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists(10) Naturopathic doctors(11) Licensed physical therapists(12)Licensed occupational therapists(b) Podiatric medical corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed optometrists(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(8) Licensed physical therapists(9) Licensed occupational therapists(c) Psychological corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Registered nurses(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed chiropractors(8) Licensed acupuncturists(9) Naturopathic doctors(d) Speech-language pathology corporation(1) Licensed audiologists(e) Audiology corporation(1) Licensed speech-language pathologists(t) Nursing corporation(l) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists

AB783

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AB783 -4-

(10) Naturopathic doctors(g) Marriage and family therapy corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed clinical social workers(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(h) Licensed clinical social worker corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed marriage and family therapists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(i) Physician assistants corporation(1) Licensed physicians and surgeons(2) Registered nurses(3) Licensed acupuncturists(4) Naturopathic doctorsG) Optometric corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(k) Chiropractic corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed acupuncturists(9) Naturopathic doctors

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-5- AB783

(10) Licensed physical therapists(11) Licensed occupational therapists(l) Acupuncture corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed physician assistants(9) Licensed chiropractors(10) Naturopathic doctors(m) Naturopathic doctor corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed physician assistants(5) Licensed chiropractors(6) Licensed acupuncturists(7) Licensed physical therapists(8) Licensed doctors of podiatric medicine(9) Licensed marriage family and child counselors(10) Licensed clinical social workers(11) Licensed optometrists(n) Dental corporation(1) Licensed physicians and surgeons(2) Dental assistants(3) Registered dental assistants(4) Registered dental assistants in extended functions(5) Registered dental hygienists(6) Registered dental hygienists in extended functions(7) Registered dental hygienists in alternative practiceSEC 3 This aet is Ml ttrgene statttte neeessary for the

immediatepresenation of the ptlblie peaee hettlihor saferyvvithinthe meMling of Miele IV of the Constittttion Mld shaHgo intoimmediate effeet The fftets eonstitttting the neeessiry Me

In order to 8t1thorizelieensed physieal therapists to beshareholders offieers mreetors or professional employees of

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1 memeal eorpofatiofts andpodiatrie medieal eorpofatiofts as soOft2 as possible it is fteeessary that this aet tftke dIeet immediately

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AB 800 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 800Huber

Boards and commissions time reporting

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to add Section 1156410 to the Government Coderelating to boards and commissions

httpwwwleginfocagovpubI11-12billasmlab_0751-0800ab _800_ bill_20120201_status 652012

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AB 958 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 958Bill Berryhill

Regulatory boards limitations periods

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to Art IV Sec 10(e) of theFrom committee Filed with the Chiefto Joint Rule 56BUSINESS PROFESSIONS AND CONSUMER PROTECTION

TITLE An act to add Section 1105 to and to repeal Sections16702 22305 296005 3137 375051 498205499032 5561 5661 76865 988420 and 98898 of theBusiness and Professions Code relating to regulatoryboards

httpwwwleginfocagovpub11-12lbillasmlab_0951-1 OOOab_958 _bill_ 20120202_ status 652012

AB 1003 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 1003Smyth

Professional and vocational licenses

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to professional and vocational licenses

httpwwwleginfocagovpubll-12Ibillasmlab_l00l-l 050ab_1003 _bill_2012020 I_statu 652012

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AB 1205 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1205AUTHOR(S) Bill BerryhillTOPIC Licensed behavior analysts+LAST AMENDED DATE 04042011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to amend Section 499018 of and to add Chapter52 (commencing with Section 252971) to Division 2 ofthe Business and Professions Code relating to healingarts

httpwwwleginfocagovpub11-12billasmab _120 1-1250ab_1205 _bill_20 120201_statu 652012

AB 1435 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1435AUTHOR(S) Dickinson (Coauthors Alejo Buchanan and Hill) TOPIC Child abuse reporting athletic personnelHOUSE LOCATION SEN+LAST AMENDED DATE OS252012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredState-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS for

LASTLAST

APPROPRIATIONSOS252012

Do pass as amendedAyes 17 Noes OOPASS

TITLE An act to amend Section 111657 of the Penal Coderelating to child abuse reporting

httpwww1eginfocagovpub11-12lbiIVasmab_140 1-1450ab _1435 _bill~0120601_statu 652012

AMENDED IN ASSEMBLY MAY 25 2012

AMENDED IN ASSEMBLY MARCH 21 2012

AMENDED IN ASSEMBLY MARCH 142012

AMENDED IN ASSEMBLY FEBRUARY 29 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1435

Introduced by Assembly Member Dickinson(Coauthors Assembly Members Alejo Buchanan and Hill)

January 4 2012

An act to amend Section 111657 of the Penal Code relating to childabuse reporting

LEGISLATIVE COUNSELS DIGEST

AB 1435 as amended Dickinson Child abuse reporting athleticpersonnel

Existing law the Child Abuse and Neglect Reporting Act requiresa mandated reporter as defined to report whenever he or she in his orher professional capacity or within the scope of his or her employmenthas knowledge of or observed a child whom the mandated reporterknows or reasonably suspects has been the victim of child abuse orneglect Failure to report an incident is a crime punishable byimprisonment in a county jail for a period of up to 6 months a fine ofup to $1000 or by both that imprisonment and fine

This bill would add athletic coaches athletic administrators andathletic directors employed by a public or private organization to thelist of individuals who are mandated reporters The bill otlld reqtlirean ptlblie or pri v ate orgflftizationernplo ing flftathletieeoaen Mhletie

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AB 1435 -2-

ftdministrator or Mhletie direetor to hftve provided initiftl trftining byJflfttlM) I 2014 on speeified mfttters relMing to ehiM a-bttse ftftdnegleetfor those employees On ftftd ftfter lftnuftry 12014 the bill vvottld reeJtlireinitiftl trftining to be pro vided IV ithin 6 months of the dMe ftn indi vidttftlbeeomes employed in thM eftlfteiry The bill vvouM require theseindividuftls to eomplete eontifttling tminmg every 2 yeMs

By imposing the reporting requirements on a new class of personsfor whom failure to report specified conduct is a crime ftftdby imposingne~ trftining reeJtlirements on publie oIgftfiiZMions ineluding loeftlgOvernment entities this bill would impose a state-mandated localprogram

The Cftlifomift Constittltion reqtlires the stMe to reimbtlfse loeftlftgeneies ftnd sehool distriets for eertftin eosts mftftdMed by the stftteStftttltory pItYvisions esffiblish proeedtlfes for mftkffigthftt reimbtlfsement

This bill hould pro vide thM 4vith regMd to eertftin mftftdfttes noIeimbtlfsement is reeJtlired by this ftet for ft speeified reftson

Vith regftM to ftny other mftndMeS this bill vv0tlM pro vide thM if theCommission on StMe ~bndtltes determines thM the bill eontftins eostsso mftndftted by the stftte reimbttIsement for those eosts shftll be mftdeptlfStlftnt to the stftttltory pro visions noted ttbo ve

The California Constitution requires the state to reimburse localagencies and school districts for certain costs mandated by the stateStatutory provisions establish procedures for making thatreimbursement

This bill would provide that no reimbursement is required by this actfor a specified reason

Vote majority Appropriation no Fiscal committee yesState-mandated local program yes

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 111657 of the Penal Code is amended2 to read3 111657 (a) As used in this article mandated reporter is4 defined as any of the following5 (1) A teacher6 (2) An instructional aide7 (3) A teachers aide or teachers assistant employed by any8 public or private schooL9 (4) A classified employee of any public schooL

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-3- AB 1435

1 (5) An administrative officer or supervisor of child welfare and2 attendance or a certificated pupil personnel employee of any public3 or private school4 (6) An administrator of a public or private day camp

(7) An administrator or employee of a public or private youth6 center youth recreation program or youth organization7 (8) An administrator or employee of a public or private8 organization whose duties require direct contact and supervision9 of children

(9) Any employee of a county office of education or the State11 Department of Education whose duties bring the employee into12 contact with children on a regular basis13 (10) A licensee an administrator or an employee of a licensed14 community care or child day care facility

(11) A Head Start program teacher16 (12) A licensing worker or licensing evaluator employed by a17 licensing agency as defined in Section 111651118 (13) A public assistance worker19 (14) An employee of a child care institution including but not

limited to foster parents group home personnel and personnel of21 residential care facilities22 (15) A social worker probation officer or parole officer23 (16) An employee of a school district police or security24 department

(17) Any person who is an administrator or presenter of or a26 counselor in a child abuse prevention program in any public or27 private school28 (18) A district attorney investigator inspector or local child29 support agency caseworker unless the investigator inspector or

caseworker is working with an attorney appointed pursuant to31 Section 317 of the Welfare and Institutions Code to represent a32 mmor33 (19) A peace officer as defined in Chapter 45 (commencing34 with Section 830) of Title 3 of Part 2 who is not otherwise

described in this section36 (20) A firefighter except for volunteer firefighters37 (21) A physician and surgeon psychiatrist psychologist dentist38 resident intern podiatrist chiropractor licensed nurse dental39 hygienist optometrist marriage and family therapist clinical social

worker professional clinical counselor or any other person who

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AB 1435 -4-

is currently licensed under Division 2 (commencing with Section500) of the Business and Professions Code

(22) Any emergency medical technician I or II paramedic orother person certified pursuant to Division 25 (commencing withSection 1797) of the Health and Safety Code

(23) A psychological assistant registered pursuant to Section2913 of the Business and Professions Code

(24) A marriage and family therapist trainee as defined insubdivision (c) of Section 498003 of the Business and ProfessionsCode

(25) An unlicensed marriage and family therapist internregistered under Section 498044 of the Business and ProfessionsCode

(26) A state or county public health employee who treats a minorfor venereal disease or any other condition

(27) A coroner(28) A medical examiner or any other person who performs

autopsies(29) A commercial film and photographic print processor as

specified in subdivision (e) of Section 11166 As used in thisarticle commercial film and photographic print processor meansany person who develops exposed photographic film into negativesslides or prints or who makes prints from negatives or slides forcompensation The term includes any employee of such a personit does not include a person who develops film or makes prints fora public agency

(30) A child visitation monitor As used in this article childvisitation monitor means any person who for financialcompensation acts as monitor of a visit between a child and anyother person when the monitoring of that visit has been orderedby a court of law

(31) An animal control officer or humane society officer Forthe purposes ofthis article the following terms have the followingmeanings

(A) Animal control officer means any person employed by acity county or city and county for the purpose of enforcing animalcontrol laws or regulations

(B) Humane society officer means any person appointed oremployed by a public or private entity as a humane officer who is

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-5- AB 1435

qualified pursuant to Section 14502 or 14503 of the CorporationsCode

(32) A clergy member as specified in subdivision (d) of Section11166 As used in this article clergy member means a priestminister rabbi religious practitioner or similar functionary of achurch temple or recognized denomination or organization

(33) Any custodian of records of a clergy member as specifiedin this section and subdivision (d) of Section 11166

(34) Any employee of any police department county sheriffsdepartment county probation department or county welfaredepartment

(35) An employee or volunteer of a Court Appointed SpecialAdvocate program as defined in Rule 1424 ofthe California Rulesof Court

(36) A custodial officer as defined in Section 8315(37) Any person providing services to a minor child under

Section 12300 or 123001 of the Welfare and Institutions Code(38) An alcohol and drug counselor As used in this article an

alcohol and drug counselor is a person providing counselingtherapy or other clinical services for a state licensed or certifieddrug alcohol or drug and alcohol treatment program Howeveralcohol or drug abuse or both alcohol and drug abuse is not inand of itself a sufficient basis for reporting child abuse or neglect

(39) A clinical counselor trainee as defined in subdivision (g)of Section 499912 of the Business and Professions Code

(40) A clinical counselor intern registered under Section 499942of the Business and Professions Code

(41) An athletic coach athletic administrator or athletic directoremployed by a public or private organization including but notlimited to schools and instittttions of higher e6ueation thatprovidekindergarten or any of grades 1 to 12 inclusive

(b) Except as provided in paragraph (35) of subdivision (a)volunteers of public or private organizations whose duties requiredirect contact with and supervision of children are not mandatedreporters but are encouraged to obtain training in the identificationand reporting of child abuse and neglect and are further encouragedto report known or suspected instances of child abuse or neglectto an agency specified in Section 111659

(c) Employers are strongly encouraged to provide theiremployees who are mandated reporters with training in the duties

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AB 1435 -6-

imposed by this article This training shall include training in childabuse and neglect identification and training in child abuse andneglect reporting Whether or not employers provide theiremployees with training in child abuse and neglect identificationand reporting the employers shall provide their employees whoare mandated reporters with the statement required pursuant tosubdivision (a) of Section 111665

(d) School districts that do not train their employees specifiedin subdivision (a) in the duties of mandated reporters under thechild abuse reporting laws shall report to the State Department ofEducation the reasons why this training is not provided

(e) Unless otherwise specifically provided the absence oftraining shall not excuse a mandated reporter from the dutiesimposed by this article

(f) Public and private organizations are encouraged to providetheir volunteers whose duties require direct contact with andsupervision of children with training in the identification andreporting of child abuse and neglect

(g) (1) On 6r befure Jttmtary 1 2014 ttll) pttblie 6r privflie6rganizttti6ftemp16ing ttft Mhletie e6tteh Mhletie ttdmimstrltt6r6r Mhletie direet6r ttSspeeified ift pMttgrttph (41) 6f sttbdivisi6ft(tt) shttll pr6 vide iftitittl trttining f6r th6se empl~ ees 6n thefull6vvingmtttters

(A) The identifiettti6n 6f ehild ttbttse ttnd negleet(D) Aeti vities thttt e6ftstitttte inltppr6prittte ttftd illegttl e6ntttet

betiveen tt 6tlth ltftd ltft ttthietie e6tteh Mhletie ttdmiftistrttt6r 6rttthietie direet6r

(6) The resp6nsibilities 6f tt pers6n identified lIStt mttndfliedrep6rter in this seeti6n ineIttding btl ft6t limited t6 ttll 6f thefull6 vving

(i) T6 ~h6m tt rep6rt is reqtlired t6 be mttde(ii) The inf6rmttti6n thttt is reqttired t6 be ifte1ttdedin tt rep6rt(iii) The time vvithiftvvhieha mandated rep6rter is reqttired t6

file tt rep6rt(2) Initittl training shall be pr6vided b perS6ftSkn6vvledgeltble

ift the identifiettti6n 6fehild aettse ttnd negleet inltppf6prittte ltftdillegal e6ntaet bem eena 6ttth and ltftadttIt ltftdstatttt6ry rep6rtingreqttiremeftts ltftdshttll e6nsist 6ftw6 h6ttrs 6felassr66m 6r 6therinteraetive trainiftg ltftdedttettti6n

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1 (h) Commeneing on fmd aftel Jfmtlftry12014 fmofgfmization2 speeified in sttbdivision (g) shaHpro ide initial training within six3 months of the date that fm individtutl beeomes empleryed as an4 Mhletie eoaeh athletie administrator or athletie direetor ttnless5 the indi idttal reeei ed training Hithin tw0 years prior to the date6 the indi idtlal is empleryed An Mhletie eoaeh athletie7 administrator or athletie direetor Hho has leeeied initial training8 ptlfStlafttto sttbdiision (g) shall eomplete eontifttling training9 thereafter onee eery two years eonsisting of one hottf of

10 elassroom or other interaeti e training fmd edtteation11 SEC 2 No reimbtlrsement is reqtlired by this aet pttfStlafttto12 Seetion 6 ofArtiele )GIlD of the California Constitution for eertain13 eosts that may be inetllTed by a loeal ageney or sehool distriet14 beeatlse ift that regard this aet ereates a nev erime or infraetion15 eliminates a erime or infraetion or ehfmges the penalty fOfa erime16 or inflaetion Hithin the meaning of Seetion 17556 of the17 Goemment Code or ehanges the definition ofa elime Hithin the18 meaning of Seetion 6 of Aniele XIII D of the Califomia19 Constitution20 IIo~eer if the Commission on State Mfmdates determines that21 this aet eontainsother eosts mfmdated by the state reimbttfsement22 to loeal ageneies fmd sehool distliets for those eosts shall be made23 ptlfStlafttto Part 7 (eommeneing Hith Seetion 17500) of Division24 4 of Title 2 of the Goemment Code25 SEC 2 No reimbursement is required by this act pursuant to26 Section 6 of Article XIII B of the California Constitution because27 the only costs that may be incurred by a local agency or school28 district will be incurred because this act creates a new crime or29 infraction eliminates a crime or infraction or changes thepenalty30 for a crime or infraction within the meaning of Section 17556 of31 the Government Code or changes the definition of a crime within32 the meaning of Section 6 of Article XIII B of the California33 Constitution

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AB 1904 Assembly Bill Status

MEASURE AUTHOR(S)TOPIC

HOUSE

CURRENT BILL STATUS

AB No 1904Block Butler and

Professions and vocationslicenses

LOCATION

Cookmilitary spouses temporary

TYPE OF BILL

SEN

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyAppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpub11-12billasmab _1901-1950ab _1904_ bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes Noes OOPASS17

An act to add Section 1155 to the Business andProfessions Code relating to professions and vocationsand making an appropriation therefor

-

AB 1588 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1588AUTHOR(S) Atkins (Principal coauthors Cook and Nielsen)

(Coauthors Block Beth Gaines Pan V Manuel PerezWilliams and Yamada)

TOPIC Professions and vocations reservist licensees fees andcontinuing education

HOUSE LOCATION SEN+LAST AMENDED DATE 03052012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS forLAST

LAST

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

TITLE An act to add Section 1143 to the Business andProfessions Code relating to professions and vocations

htlpllwwwleginfocagovpubll-12Ibillasmlab _1551-1600ab _1588 _bill_20120601_statu 652012

middot

AMENDED IN ASSEMBLY MARCH 5 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1588

Introduced by Assembly Member Atkins(Principal coauthors Assembly Members Cook and Nielsen)

(Coauthors Assembly Members Block Beth Gaines PanV Manuel Perez Williams and Yamada)

February 6 2012

An act to add Section 1143 to the Business and Professions Coderelating to professions and vocations

LEGISLATIVE COUNSELS DIGEST

AB 1588 as amended Atkins Professions and vocations reservistlicensees fees and continuing education

Existing law provides for the regulation of various professions andvocations by boards commissions or bureaus within the Departmentof Consumer Affairs and for the licensure or registration of individualsin that regard Existing law authorizes any licensee whose licenseexpired while he or she was on active duty as a member of the CaliforniaNational Guard or the United States Armed Forces to reinstate his orher license without examination or penalty if certain requirements aremet

This bill would require the boards commissions or bureaus describedabove to waive the renewal fees and continuing education requirementsif either is applicable of any licensee or registrant who is a reservistcalled to active duty as a member of the United States Military Reserveor the California National Guard if certain requirements are met

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

98

AB 1588 -2-

Thepeople of the State of Califomi a do enact asfollows

1 SECTION 1 Section 1143 is added to the Business and2 Professions Code to read3 1143 Notwithstanding any other provision oflaw everyboard4 commission or bureau within the department shall waive the5 renewal fees and continuing education requirements if either is6 applicable for any licensee or registrant who is a reservist called7 to active duty as a member of the United States Military Reserve8 or the California National Guard if all of the following9 requirements are met

10 (a) The licensee or registrant was in good standing with the11 board commission or bureau at the time the reservist was called12 to active duty13 (b) The renewal fees or continuing education requirements are14 waived only for the period during which the reservist is on active15 duty service16 (c) The active duty reservist or the active duty reservists spouse17 or registered domestic partner provides written notice satisfactory18 to the board commission or bureau that substantiates the19 reservists active duty service

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AB 1896 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1896AUTHOR(S) ChesbroTOPIC Tribal health programs health care practitionersHOUSE LOCATION SEN+LAST AMENDED DATE 03272012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATIONCOMM ACTION DATECOMM ACTIONCOMM VOTE SUMMARY

ASM

05172012Referred to Com on B P amp EDBUSINESS PROFESSIONS AND CONSUMER PROTECTION04102012

Do passAyes 09 Noes OOPASS

TITLE An act to amend the heading of Article 10 (commencingwith Section 710) of Chapter 1 of Division 2 of and toadd Section 719 to the Business and Professions Coderelating to healing arts

httpwwwleginfocagovpubI11-12lbillasmab_1851-1900ab_1896_bill_20120517 _statu 652012

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AMENDED IN ASSEMBLY MARCH 27 2012

CALIFORNIA LEGISLATURE-20II-12 REGULAR SESSION

ASSEMBLY BILL No 1896

Introduced by Assembly Member Chesbro

February 222012

An act to amend the heading of Article 10 (commencing with Section710) of Chapter 1 of Division 2 of and to add Section 719 to theBusiness and Professions Code relating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1896 as amended Chesbro Tribal health programs health carepractitioners

Under existing federal law licensed health professionals employedby a tribal health program are required to be exempt if licensed in anystate from the licensing requirements of the state in which the tribalhealth program performs specified services A tribal health program isdefined as an Indian tribe or tribal organization that operates any healthprogram service function activity or facility funded in whole or partby the Indian Health Service

Existing law provides for the licensure and regulation of health carepractitioners by various healing arts boards within the Department ofConsumer Affairs

This bill would codify that federal requirement by specifying that aperson who is licensed as a health care practitioner in any other stateand is employed by a tribal health program is exempt from any statelicensing requirement with respect to acts authorized under thepersonslicense where the tribal health program performs specified services

Vote majority Appropriation no Fiscal committee noState-mandated local program no

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AD 1896 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 The heading of Article 10 (commencing with2 Section 710) of Chapter 1 of Division 2 of the Business and3 Professions Code is amended to read456789

101112131415161718192021

Article 10 Federal Personnel and Tribal Health Programs

SEC 2 Section 719 is added to the Business and ProfessionsCode to read

719 (a) A person who is licensed as a health care practitionerin any other state and is employed by a tribal health program asdefined in Section 1603 of Title 25 of the United States Code shallbe exempt from any licensing requirement described in this divisionwith respect to acts authorized under the persons license wherethe tribal health program performs the services described in thecontract or compact of the tribal health program under the IndianSelf-Determination and Education Assistance Act (25 USC Sec450 et seq)

(b) For purposes of this section health care practitioner meansany person who engages in acts that are the subject of licensureor regulation under this division or Ml) initiative 8et referred to inthis division the law of any other state

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CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1904

Introduced by Assembly Members Block Butler and Cook

February 222012

An act to add Section 1155 to the Business and Professions Coderelating to professions and vocations and making an appropriationtherefor

LEGISLATIVE COUNSELS DIGEST

AB 1904 as introduced Block Professions and vocations militaryspouses temporary licenses

Existing law provides for the licensure and regulation of variousprofessions and vocations by boards within the Department of ConsumerAffairs Existing law provides for the issuance of reciprocal licenses incertain fields where the applicant among other requirements has alicense to practice within that field in another jurisdiction as specifiedUnder existing law licensing fees imposed by certain boards withinthe department are deposited in funds that are continuously appropriated

This bill would authorize a board within the department to issue atemporary license to an applicant who among other requirements holdsan equivalent license in another jurisdiction as specified and is marriedto or in a legal union with an active duty member of the Armed Forcesofthe United States who is assigned to a duty station in California underofficial active duty military orders The bill would require a board toexpedite the process for issuing these temporary licenses The bill wouldrequire the applicant to pay any fees required by the board and wouldrequire that those fees be deposited in the fund used by the board toadminister its licensing program To the extent that the bill would

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AB 1904 -2-

increase the amount of money deposited into a continuously appropriatedfund the bill would make an appropriation

Vote majority Appropriation yes Fiscal committee yesState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 1155 is added to the Business and2 Professions Code to read3 1155 (a) A board within the department may issue a4 temporary license to an applicant who meets all of the following5 requirements6 (l) Submits an application in the manner prescribed by the7 board8 (2) Supplies evidence satisfactory to the board that the applicant9 is married to or in a domestic partnership or other legal union

10 with an active duty member of the Armed Forces of the United11 States who is assigned to a duty station in this state under official12 active duty military orders13 (3) Holds a current license in another state district or territory14 of the United States with the requirements that the board determines15 are substantially equivalent to those established under this code16 for that occupation17 (4) Has not committed an act in anyjurisdiction that would have18 constituted grounds for denial suspension or revocation of the19 license under this code at the time the act was committed20 (5) Has not been disciplined by a licensing entity in another21 jurisdiction and is not the subject of an unresolved complaint22 review procedure or disciplinary proceeding conducted by a23 licensing entity in another jurisdiction24 (6) Pays any fees required by the board Those fees shall be25 deposited in the applicable fund or account used by the board to26 administer its licensing program27 (7) Submits fingerprints and any applicable fingerprinting fee28 in the manner required of an applicant for a regular license29 (b) A board shall expedite the procedure for issuing a temporary30 license pursuant to this section31 (c) A temporary license issued under this section shall be valid32 for 180 days except that the license may at the discretion of the

99

-3- AB 1904

I board be extended for an additional180-day period on application2 of the license holder3 (d) A board may adopt regulations necessary to administer this4 section

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AB 1932 Assembly Bill Status

MEASURE AUTHOR(S)TOPICHOUSE+LAST

CURRENT BILL STATUS

AB No 1932Gorell (Coauthor Cook)

United States armed services healing arts boardsLOCATION SENAMENDED DATE 04172012

TYPE OF BILL

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpubI11-12Ibillasmab_1901-1950ab_1932_bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

An act to add Section 7102 to the Business andProfessions Code relating to healing arts

-

AMENDED IN ASSEMBLY APRIL 172012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1932

Introduced by Assembly Member-Ceek Gorell(Coauthor Assembly Member Cook)

February 222012

An act to add Section 7102 to the Business and Professions Coderelating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1932 as amended euroook Gorell United States armed serviceshealing arts boards

Existing law provides for the licensure and regulation of varioushealing arts professions and vocations by boards within the Departmentof Consumer Affairs Existing law requires the rules and regulations ofthese healing arts boards to provide for methods of evaluating educationtraining and experience obtained in military service if such training isapplicable to the requirements of the particular profession or vocationregulated by the board Under existing law the Department of VeteransAffairs has specified powers and duties relating to various programsserving veterans

This bill would require by January 12014 and annually thereafterevery healing arts board to issue a specified written report to theDepartment of Veterans Affairs and the Legislature as specified thatclearly details the methods of evaluating the education training andexperience obtained in military service and whether that educationtraining and experience is applicable to the boards requirements forlicensure The bill would declare the intent of the Legislature in thisregard

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AB 1932 -2-

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 710 of the Business and Professions Code2 was enacted in 1969 and because healing arts boards have not3 demonstrated significant compliance with that section it is the4 intent of the Legislature to establish an annual reporting5 requirement to compel these boards to provide information about6 the methods of evaluating education training and experience7 obtained in military service in order to meet the needs of the8 upcoming wave of armed service members returning to civilian9 life

10 SEC 2 Section 7102 is added to the Business and Professions11 Code to read12 7102 (a) By January 12014 and annually thereafter every13 healing arts board described in this division shall issue a written14 report to the Department of Veterans Affairs and to the Legislature15 that clearly details the methods of evaluating the education16 training and experience obtained in military service and whether17 that education training and experience is applicable to the boards18 requirements for licensure This written report shall include but19 not be limited to quantitative information about the number of20 service members who have applied for and have used their military21 education training and experience to fulfill the boards22 requirements for licensure23 (b) (1) The requirement to submit a report to the Legislature24 under subdivision (a) shall be inoperative on January 1 201825 pursuant to Section 102315 of the Government Code26 (2) A report to the Legislature shall be submitted in compliance27 with Section 9795 of the Government Code

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AB518 -16-

(b) No care custodian clergy member health practitionermandated reporter of suspected financial abuse of an elder ordependent adult or employee of an adult protective services agencyor a local law enforcement agency who pursuant to a request froman adult protective services agency or a local law enforcementagency investigating a report of known or suspected abuse of anelder or dependent adult provides the requesting agency withaccess to the victim of a known or suspected instance of abuse ofan elder or dependent adult shall incur civil or criminal liabilityas a result of providing that access

(c) The Legislature finds that even though it has providedimmunity from liability to persons required to report abuse of anelder or dependent adult immunity does not eliminate thepossibility that actions may be brought against those persons basedupon required reports of abuse In order to further limit the financialhardship that those persons may incur as a result of fulfilling theirlegal responsibilities it is necessary that they not be unfairlyburdened by legal fees incurred in defending those actionsTherefore a care custodian clergy member health practitioneror an employee of an adult protective services agency or a locallaw enforcement agency may present to the StMe B6Md 6pound C6ntr61California Victim Compensation and Government Claims Boarda claim for reasonable fttt6meys attorneys fees incurred in anyaction against that person on the basis of making a report requiredor authorized by this article if the court has dismissed the actionupon a demurrer or motion for summary judgment made by thatperson or if he or she prevails in the action The StMe B6ftrd 6fC6ntr61 California Victim Compensation and Government ClaimsBoard shall allow that claim if the requirements ofthis subdivisionare met and the claim shall be paid from an appropriation to bemade for that purpose Att6mey s Attorneys fees awarded pursuantto this section shall not exceed an hourly rate greater than the ratecharged by the Attorney General at the time the award is madeand shall not exceed an aggregate amount of fifty thousand dollars($50000) This subdivision shall not apply if a public entity hasprovided for the defense of the action pursuant to Section 995 ofthe Government Code

(d) This seeti6n shftll remftin in dfeet 6ttly tmtil J8fttlfll)1 2013ftnd ftS6pound thftt dMe is repeftled wIess ft IMer enfteted stMute thMis en8eted before Jftftt18ry12013 deletes 6r extends thM dMe

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-17- AB518

SEC 6 Section 15634 of the Welfare and Institutions Codeas amended by Section 711 ojChapter 538 of the Statutes oj2006is repealed

15634 eft) No eMe etlstodimt ele~ member hea-lthpraetitioner or employee of an adttlt proteeti-ve serviees ageneyor a loeal larn enforeement ageney who reports a lrnown orsttspeeted instanee of elder or dependent adtllt abtlse shaHbe eiviHyor eriminalry liable for any report reqttired or attthorizedby thisartiele Any other peIson reporting a lrnOWfior stlspeeted instaneeof elder or dependeItt adttIt abtlse shall not inettr ei vil or eriminalliability as a restllt of any report attthorizedby this artiele ttnlessit ean be pro ven that a false report was made and the person knewthat the report vvasrelse gteJoperson reqtlired to make a reportptlrstlant to this artiele or any person taking photographs at his orher diseretion shall inettr any eivii or eriminalliability fer takingphotographs of a stlspeeted vietim of elder or dependent adtlltabtlse or eattsing photographs to be taken of the stlspeeted vietimor fOIdisseminating the photographs with the reports reqtlired bythis artiele However this seetion shall not be eonstmed to gIantimmttnity from this liability vvithrespeet to any other tlse of thephotographs

(b) No eMe etlstodian el~ member health praetitioner oremployee of an adtlIt proteetive seniees ageney or a loea-l lawenfereemeItt ageney who pttrsttant to a reqtlest from an adttltproteeti-ie seniees ageney or a loeal lavI enforeemeItt ageneyinvestigating a report of lrnOViftor stlspeeted elder or dependentadtllt abtlse proides the reqtlesting ageney with aeeess to thevietim of a lrnovvnor stlspeeted instanee of elder or dependeIttadttlt abtlse shall inettr eiviI or eriminal liability as a restlIt ofpro viding that aeeess

ee) The Legislatttre finds that even thOtlgh it has pIOvidedimmtlnity from liability to peIsons reqtlired to report elder ordependent mit abttse immtlIlity does not eliminate the possibilitythat aetions may be brotlght agamst those persons based tlJ0nreqtlired reports of abtlse In order to fttrther limit the finaneialhardship that those persons may inettr as a resttIt offttlfilling theirlegal responsibilities it is neeessary that they not be tlftreirlybttrdened by legal fees inetlffed in defending those aetionsTherefore a eMeetlstodian ele~ member health praetitioneror employee ofan adttlt proteetive seniees ageney or a loeallffi7t

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AB518 -18-

enfOieement agene)l ma) present to the CalifeJmia VietimCempensatien and Geemment Claims BeMd a elaim feJrreasenable atteme)s fees inetJifedin any aetien agffinstthat persenen the basis efmMcinga repert reqtlired er attth6rizedb)l this Mtieleif the eeM has dismissed the aetien t1pen a demtlffer el metienfur sttmillM)lj tldgment made b that persen el ifhe er she preailsin the aetien The Califumia Vietim Cempensatien andGeemment Claims Beard shall allew that ehtim if thereqtlirements ef this sttbdi isien Me met and the elaim shall bepaid fl6man fllprepriatien te be made fur that ptllpese Atteme) sfees aarded ptliStlMltto this seetien shall net exeeedan hetlilyrate greater than the late eharged b the Attemey General at thetime the aard is made and sh8llnet exeeedan aggregate amettllteffitty thetlsanBdellMs ($50000) This sttbdF isien shall net applyif a pttblie enti) has pmbullided fer the defense ef the aetien ptlistlantte Seetien 995 ef the Ge emment Cede

(6) This seetien shall beeeme eperatie en JMttlM)12013SEC 7 Section 15640 of the Welfare and Institutions Code

as amended by Section 9 of Chapter 140 of the Statutes of2005is amended to read

15640 (a) (1) An adult protective services agency shallimmediately or as soon as practically possible report by telephoneto the law enforcement agency having jurisdiction over the caseany known or suspected instance of criminal activity and to anypublic agency given responsibility for investigation in thatjurisdiction of cases of elder and dependent adult abuse everyknown or suspected instance of abuse pursuant to Section 15630or 156301 of an elder or dependent adult A county adult protectiveservices agency shall also send a written report thereof within twoworking days of receiving the information concerning the incidentto each agency to which it is required to make a telephone reportunder this subdivision Prior to making any cross-report ofallegations of financial abuse to law enforcement agencies anadult protective services agency shall first determine whether thereis reasonable suspicion of any criminal activity

(2) If an adult protective services agency receives a report ofabuse alleged to have occurred in a long-term care facility thatadult protective services agency shall immediately inform theperson making the report that he or she is required to make thereport to the long-term care ombudsman program or to a local law

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-19- AB518

enforcement agency The adult protective services agency shallnot accept the report by telephone but shall forward any writtenreport received to the long-term care ombudsman

(b) If an adult protective services agency or local lawenforcement agency or ombudsman program receiving a report ofknown or suspected elder or dependent adult abuse determinespursuant to its investigation that the abuse is being committed bya health practitioner licensed under Division 2 (commencing withSection 500) of the Business and Professions Code or any relatedinitiative act or by a person purporting to be a licensee the adultprotective services agency or local law enforcement agency orombudsman program shall immediately or as soon as practicallypossible report this information to the appropriate licensingagency The licensing agency shall investigate the report in lightof the potential for physical harm The transmittal of informationto the appropriate licensing agency shall not relieve the adultprotective services agency or local law enforcement agency orombudsman program of the responsibility to continue its owninvestigation as required under applicable provisions of law Theinformation reported pursuant to this paragraph shall remainconfidential and shall not be disclosed

(c) A local law enforcement agency shall immediately or assoon as practically possible report by telephone to the long-termcare ombudsman program when the abuse is alleged to haveoccurred in a long-term care facility or to the county adultprotective services agency when it is alleged to have occurredanywhere else and to the agency given responsibility for theinvestigation of cases of elder and dependent adult abuse everyknown or suspected instance of abuse of an elder or dependentadult A local law enforcement agency shall also send a writtenreport thereof within two working days of receiving the informationconcerning the incident to any agency to which it is required tomake a telephone report under this subdivision

(d) A long-term care ombudsman coordinator may report theinstance of abuse to the county adult protective services agencyor to the local law enforcement agency for assistance in theinvestigation of the abuse if the victim gives his or her consent Along-term care ombudsman program and the Licensing andCertification Division ofthe State Department ofIIealth SeI ieesPublic Health shall immediately report by telephone and in writing

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AB518 -20-

1 within two working days to the bureau any instance of neglect2 occurring in a health care facility that has seriously harmed any3 patient or reasonably appears to present a serious threat to the4 health or physical well-being of a patient in that facility If a victim5 or potential victim of the neglect withholds consent to being6 identified in that report the report shall contain circumstantial7 information about the neglect but shall not identify that victim or8 potential victim and the bureau and the reporting agency shall9 maintain the confidentiality of the report until the report becomes

lOa matter of public record11 (e) When a county adult protective services agency a long-term12 care ombudsman program or a local law enforcement agency13 receives a report of abuse neglect or abandonment of an elder or14 dependent adult alleged to have occurred in a long-term care15 facility that county adult protective services agency long-term16 care ombudsman coordinator or local law enforcement agency17 shall report the incident to the licensing agency by telephone as18 soon as possible19 (f) County adult protective services agencies long-term care20 ombudsman programs and local law enforcement agencies shall21 report the results of their investigations of referrals or reports of22 abuse to the respective referring or reporting agencies23 Eg) This seeti6n shall remain in dIcet 6ny tlfttilJ~ 1201324 and as 6f that date is repealed unless a later enaeted stMttte that25 is enaeted bef6re Janttary 12013 deletes 6r extends that date26 SEC 8 Section 15640 of the Welfare and Institutions Code27 as added by Section 10 of Chapter 140 of the Statutes of 2005 is28 repealed 29 15640 Ea) E1) An adult pr6teeti e sen iees ageney shall30 immediate) 6r as S66nas praetieal) p6ssible rep6rt 0 te1eph6ne31 t6 the la~ enf6reement ageney haing jttrisdieti6n 6er the ease32 an kntMfl6r suspeeted instanee 6f eriminal aeth it) and t6 any33 pttblie agene gien resp6nsibilit) f6r illestigMi6n in that34 jurisdieti6n 6f eases 6f elder and dependent adttlt abuse eery35 kfl6n6r suspeeted instanee 6f aetlse purstlant t6 Seeti6n 1563036 6f an elder 6r dependent adttlt A e6t11ltyadttlt pr6teeti e sen iees37 ageney shall als6 send a TV ritten rep6rt there6f Vv ithin ti 6 V 6rking38 days 6f reeeiving the inwrmati6n e6neeming the ineident t6 eaeh39 ageney t6 vv hieh it is reqtlired t6 make a teleph6ne Iep6rt tlftder40 this subdiisi6n Pri6r t6 making an er6SSIep6rt 6f allegati6ns

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-21- AB518

offilumeial abttse to lavvenforeemertt a-geneiesMladult proteetFesen iees agene) shaH first determine whether there is reasonablesuspieion of tmJ eriminM aeti vit

(2) If an adult proteeti ve sen iees agene) reeei ves a report ofabttse alleged to ha ve oeettlTed in a long teml eare faeilit) thatadttlt proteeti ve sen iees ageney shall immediate) infoml theperson making the report that he or she is required to make thereport to the long term eare ombttdsman program 01 to aloeallawenforeemertt a-geneyThe adttlt proteeti ve sen iees agene) shallnot aeeept the report b) telephone btlt shall fonvMd flit) vvTittenreport leeehed to the long teml eare ornbtldsman

(b) If an adtllt proteetive seniees ageney or loeal lawenforeement agene) or ornbtldsman program reeei vinga report ofkftovm or stlspeeted elder or dependent adttlt MtlSe determinespttrstlartt to its inYestigationthat the flbttseis being eommitted bya health 11aetitioner lieensed tlftder Division 2 (eonJffieneingwithSeetion 500) of the Btlsiness flftdProfessions Code or flit) lelatedinitiatiye aet or by a person ptlrporting to be a lieensee the adtlltproteetive seniees a-gene) or loeallaw enforeement agene) orombttdsman program shall immediate) or as soon as praetieall)possible report this mformation to the appropriate lieensingagene) The lieensing agene) shall investigate the report in lightof the poterttial fur ph) sieal hamlThe trMlsmittfllof informationto the appropriate lieensing agene) shall not relieve the adtlltproteethe serviees agene) or loeallaw enforeement agene) orornbtldsmflft program of the responsibility to eorttinue its 0~vninvestigation as reqttired tlftder applieable provisions of law Theinformation reported pttrstlant to this paragraph shall remaineoniiderttial flItdshfl11not be diselosed

(e) A loealla bullbull enforeement agefte) shall immediate) or assoon as praetieal) possible report b) telephone to the long termeare ombtldsman program bullbullhen the abtlse is alleged to haveoeetllTed in a long term eare faeilit) or to the eotlnt) adttltproteetive seniees agene) bullbullhen it is alleged to have oeeUlfedan) vvhere else flftd to the agene) gh en responsibilit) for theinvestigation of eases of elder and dependent adttlt abtlse everykftovm or stlspeeted instflftee of MtlSe of an elder or dependerttadttlt A loeallaw enforeement ageney shall also send a Ylfittenreport thereof bullbullithin ftv0 vvorking dfl)s ofreeei ving the infomlation

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AB518 -22-

eoneeming the ineident to an agenC) to vvhieh it is reqtlired toftutke a telephone report tlIlderthis stlbdh ision

Ed) A long tenn eare ombttdsman eoordinator mll) report theinstlllleeof abtlse to the eot1llryadttlt proteetive seniees ageneyor to the loeal la bullbull enforeement agenC) for assistlllleein theinvestigationof the abttse if the vietim gives his or her eonsent Along tenn eMe ombtldsmllllprogram llIldthe Lieensing llIldCertifieation Division of the State DepMtment ofIIealth Senieesshall immediately report b telephone llIldin vvriting vvithin hiv0tv orkingdll) s to the bm eatl an instlllleeof negleet oeet1ffingin ahealth eare faeiliry that has seriotlsl hMmed an patient orreasonably appeMs to present a seriotls threat to the health orph sieal vvell being of a patient in that ffteiliry If a J ietim orpotential TV ietim of the neglect vithholds eonsent to being identifiedin that report the report shall eontain eirettmstlllltialinformationabom the negleet bm shall not identif) that vietim or potentialvietim and the bttreatl llIldthe reporting agenC) shall maintain theeoniidentialiry of the report tlntil the report beeomes a matter ofptlblie reeord

Ee) hen a eotlllryadttlt proteeti ve sen iees agenC) a long termeare ombtldsman program or a loeal la enforeement ageneyreeeives a report ofabttse negleet or ablllldonmentofllllelder ordependent adttlt alleged to have oeet1ffedin a long term earefaeiliry that eotlnty adtllt proteeti ve sen iees agenC) long termeare ombtldsmlllleoordinator or loeallavv enforeement ageneyshall report the ineident to the lieensing agene b telephone assoon as possible

ED COtl1lt)adtllt proteetive seniees ageneies long term eareombttdsman programs and 10ea1lavvenforeement ageneies shallreport the restllts of their investigations of referrals or reports ofabtlse to the respeetive referring or reporting ageneies

Eg) This seetion shall beeome operative on JllIlt1flry12013SEC 9 Section 156555 of the Welfare and Institutions Code

as amended by Section 11 of Chapter 140 of the Statutes of 2005is amended to read

156555 A county adult protective services agency shallprovide the organizations listed in paragraphs (v) (w) and (x) ofSection 1561017 and mandated reporters of suspected financialabuse of an elder or dependent adult pursuant to Section 156301with instructional materials regarding abuse and neglect of an elder

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1 or dependent adult and their obligation to report under this chapter2 At a minimum the instructional materials shall include the3 following4 (a) An explanation of abuse and neglect of an elder or dependent

adult as defined in this chapter6 (b) Information on how to recognize potential abuse and neglect7 of an elder or dependent adult8 (c) Information on how the county adult protective services9 agency investigates reports of known or suspected abuse and

neglect11 (d) Instructions on how to report known or suspected incidents12 of abuse and neglect including the appropriate telephone numbers13 to call and what types of information would assist the county adult14 protective services agency with its investigation of the report

(e) This seetion shall remain in eifcet only tlfttil Jflfttlttry 1 201316 and as of that date is repealed tmless a later enaeted stattlte that17 is enaeted before Jafttlttry 12013 deletes or extends that date18 SEC 10 Section 156555 of the Welfareand Institutions Code19 as amended by Section 712 of Chapter 538 of the Statutes of2006

is repealed21 156555 A eottftt) achtlt proteetive serviees agene) shall22 pmvide the organi2ations listed in paragraphs (v) (vv) and Ex) of23 Seetion 1561017 with instItletional materials regarding elder and24 dependent achtlt abtlse and negleet and their obligation to report

under this ehapter At a minimum the instruetional materials shall26 inelude the follovving27 (a) An explanation of elder and dependent achtlt abuse and28 negleet as defined in this ehapter29 (b) Information on how to reeogni2e potential elder and

dependent achtlt abuse and negleet31 (e) Information on ho vIthe eottftt) achtlt proteeti ve serv iees32 agene) investigates reports of knovm or suspeeted abuse and33 negleet34 (d) Instmetions on hovv to report ]movvn or suspeeted ineidents

of abuse and negleet ineltlding the appropriate telephone llt11llbers36 to eall and what rypes of information vvould assist the eount) adult37 proteetirv e sen iees agene) with its in (estigation of the report38 (e) This seetion shall beeome operati e on January I 20 13

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AB 608 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 608Pan

Health care coverage telemedicine

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to health care

httpwww1eginfocagovpubII-12Ibillasmab_0601-0650ab _608_ bill_ 20120201_status 652012

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AB 783 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 783AUTHOR(S) HayashiTOPIC Professional corporations licensed physical therapists

and occupational therapists+LAST AMENDED DATE 04072011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

COMMCOMMCOMM

HIST ACT DATEHIST ACTION

From committeeRule 62(a)

LOCATION SENACTION DATEACTION

06282011In committee Set second hearing Failed passagewithout further action pursuant to Joint

LASTLAST

BUSINESS PROFESSIONS AND ECONOMIC DEVELOPMENT06272011

Set second hearing Failed passage in Committee

TITLE An act to amend Section 2406 of the Business andProfessions Code and to amend Section 134015 of theCorporations Code relating to professional corporations

httpwwwleginfocagovpub11-12billasmab_0751-0800ab_783_bill_20111115_status 652012

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AMENDED IN ASSEMBLY APRIL 7 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 783

Introduced by Assembly Member Hayashi

February 172011

An act to amend Section 2406 of the Business and Professions Codeand to amend Section 134015 of the Corporations Code relating toprofcssiemal eorporations and deelaring the mgeney thereof to tttkeeffeet immediatelyprofessional corporations

LEGISLATIVE COUNSELS DIGEST

AB 783 as amended Hayashi Professional corporations licensedphysical therapists and occupational therapists

Existing law regulating professional corporations provides that certainhealing arts practitioners may be shareholders officers directors orprofessional employees of a medical corporation-er-a podiatric medicalcorporation or a chiropractic corporation subject to certain limitations

This bill would add licensed physical therapists and licensedoccupational therapists to the list of healing arts practitioners who maybe shareholders officers directors or professional employees of thosecorporations The bill would also make conforming changes to a relatedprovision

This bill vv otlld deelare that it is to take etteet immediately as anmgeney statttte

Vote -majority Appropriation no Fiscal committee noState-mandated local program no

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Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 2406 of the Business and Professions2 Code is amended to read3 2406 A medical corporation or podiatry corporation is a4 corporation that is authorized to render professional services as

defined in Sections 13401 and 134015 ofthe Corporations Code6 so long as that corporation and its shareholders officers directors7 and employees rendering professional services who are physicians8 and surgeons psychologists registered nurses optometrists9 podiatrists chiropractors acupuncturists naturopathic doctors

physical therapists or in the case of a medical corporation only11 physician assistants marriage and family therapists or clinical12 social workers are in compliance with the Moscone-Knox13 Professional Corporation Act the provisions of this article and all14 other statutes and regulations now or hereafter enacted or adopted

pertaining to the corporation and the conduct of its affairs16 With respect to a medical corporation or podiatry corporation17 the governmental agency referred to in the Moscone-Knox18 Professional Corporation Act is the board19 SEC 2 Section 134015 of the Corporations Code is amended

to read21 134015 Notwithstanding subdivision (d) of Section 1340122 and any other provision of law the following licensed persons23 may be shareholders officers directors or professional employees24 of the professional corporations designated in this section so long

as the sum of all shares owned by those licensed persons does not26 exceed 49 percent ofthe total number of shares of the professional27 corporation so designated herein and so long as the number of28 those licensed persons owning shares in the professional29 corporation so designated herein does not exceed the number of

persons licensed by the governmental agency regulating the31 designated professional corporation32 (a) Medical corporation33 (1) Licensed doctors of podiatric medicine34 (2) Licensed psychologists

(3) Registered nurses36 (4) Licensed optometrists37 (5) Licensed marriage and family therapists38 (6) Licensed clinical social workers

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-3-

(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists(10) Naturopathic doctors(11) Licensed physical therapists(12)Licensed occupational therapists(b) Podiatric medical corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed optometrists(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(8) Licensed physical therapists(9) Licensed occupational therapists(c) Psychological corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Registered nurses(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed chiropractors(8) Licensed acupuncturists(9) Naturopathic doctors(d) Speech-language pathology corporation(1) Licensed audiologists(e) Audiology corporation(1) Licensed speech-language pathologists(t) Nursing corporation(l) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists

AB783

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AB783 -4-

(10) Naturopathic doctors(g) Marriage and family therapy corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed clinical social workers(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(h) Licensed clinical social worker corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed marriage and family therapists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(i) Physician assistants corporation(1) Licensed physicians and surgeons(2) Registered nurses(3) Licensed acupuncturists(4) Naturopathic doctorsG) Optometric corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(k) Chiropractic corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed acupuncturists(9) Naturopathic doctors

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-5- AB783

(10) Licensed physical therapists(11) Licensed occupational therapists(l) Acupuncture corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed physician assistants(9) Licensed chiropractors(10) Naturopathic doctors(m) Naturopathic doctor corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed physician assistants(5) Licensed chiropractors(6) Licensed acupuncturists(7) Licensed physical therapists(8) Licensed doctors of podiatric medicine(9) Licensed marriage family and child counselors(10) Licensed clinical social workers(11) Licensed optometrists(n) Dental corporation(1) Licensed physicians and surgeons(2) Dental assistants(3) Registered dental assistants(4) Registered dental assistants in extended functions(5) Registered dental hygienists(6) Registered dental hygienists in extended functions(7) Registered dental hygienists in alternative practiceSEC 3 This aet is Ml ttrgene statttte neeessary for the

immediatepresenation of the ptlblie peaee hettlihor saferyvvithinthe meMling of Miele IV of the Constittttion Mld shaHgo intoimmediate effeet The fftets eonstitttting the neeessiry Me

In order to 8t1thorizelieensed physieal therapists to beshareholders offieers mreetors or professional employees of

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1 memeal eorpofatiofts andpodiatrie medieal eorpofatiofts as soOft2 as possible it is fteeessary that this aet tftke dIeet immediately

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AB 800 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 800Huber

Boards and commissions time reporting

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to add Section 1156410 to the Government Coderelating to boards and commissions

httpwwwleginfocagovpubI11-12billasmlab_0751-0800ab _800_ bill_20120201_status 652012

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AB 958 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 958Bill Berryhill

Regulatory boards limitations periods

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to Art IV Sec 10(e) of theFrom committee Filed with the Chiefto Joint Rule 56BUSINESS PROFESSIONS AND CONSUMER PROTECTION

TITLE An act to add Section 1105 to and to repeal Sections16702 22305 296005 3137 375051 498205499032 5561 5661 76865 988420 and 98898 of theBusiness and Professions Code relating to regulatoryboards

httpwwwleginfocagovpub11-12lbillasmlab_0951-1 OOOab_958 _bill_ 20120202_ status 652012

AB 1003 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 1003Smyth

Professional and vocational licenses

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to professional and vocational licenses

httpwwwleginfocagovpubll-12Ibillasmlab_l00l-l 050ab_1003 _bill_2012020 I_statu 652012

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AB 1205 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1205AUTHOR(S) Bill BerryhillTOPIC Licensed behavior analysts+LAST AMENDED DATE 04042011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to amend Section 499018 of and to add Chapter52 (commencing with Section 252971) to Division 2 ofthe Business and Professions Code relating to healingarts

httpwwwleginfocagovpub11-12billasmab _120 1-1250ab_1205 _bill_20 120201_statu 652012

AB 1435 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1435AUTHOR(S) Dickinson (Coauthors Alejo Buchanan and Hill) TOPIC Child abuse reporting athletic personnelHOUSE LOCATION SEN+LAST AMENDED DATE OS252012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredState-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS for

LASTLAST

APPROPRIATIONSOS252012

Do pass as amendedAyes 17 Noes OOPASS

TITLE An act to amend Section 111657 of the Penal Coderelating to child abuse reporting

httpwww1eginfocagovpub11-12lbiIVasmab_140 1-1450ab _1435 _bill~0120601_statu 652012

AMENDED IN ASSEMBLY MAY 25 2012

AMENDED IN ASSEMBLY MARCH 21 2012

AMENDED IN ASSEMBLY MARCH 142012

AMENDED IN ASSEMBLY FEBRUARY 29 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1435

Introduced by Assembly Member Dickinson(Coauthors Assembly Members Alejo Buchanan and Hill)

January 4 2012

An act to amend Section 111657 of the Penal Code relating to childabuse reporting

LEGISLATIVE COUNSELS DIGEST

AB 1435 as amended Dickinson Child abuse reporting athleticpersonnel

Existing law the Child Abuse and Neglect Reporting Act requiresa mandated reporter as defined to report whenever he or she in his orher professional capacity or within the scope of his or her employmenthas knowledge of or observed a child whom the mandated reporterknows or reasonably suspects has been the victim of child abuse orneglect Failure to report an incident is a crime punishable byimprisonment in a county jail for a period of up to 6 months a fine ofup to $1000 or by both that imprisonment and fine

This bill would add athletic coaches athletic administrators andathletic directors employed by a public or private organization to thelist of individuals who are mandated reporters The bill otlld reqtlirean ptlblie or pri v ate orgflftizationernplo ing flftathletieeoaen Mhletie

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ftdministrator or Mhletie direetor to hftve provided initiftl trftining byJflfttlM) I 2014 on speeified mfttters relMing to ehiM a-bttse ftftdnegleetfor those employees On ftftd ftfter lftnuftry 12014 the bill vvottld reeJtlireinitiftl trftining to be pro vided IV ithin 6 months of the dMe ftn indi vidttftlbeeomes employed in thM eftlfteiry The bill vvouM require theseindividuftls to eomplete eontifttling tminmg every 2 yeMs

By imposing the reporting requirements on a new class of personsfor whom failure to report specified conduct is a crime ftftdby imposingne~ trftining reeJtlirements on publie oIgftfiiZMions ineluding loeftlgOvernment entities this bill would impose a state-mandated localprogram

The Cftlifomift Constittltion reqtlires the stMe to reimbtlfse loeftlftgeneies ftnd sehool distriets for eertftin eosts mftftdMed by the stftteStftttltory pItYvisions esffiblish proeedtlfes for mftkffigthftt reimbtlfsement

This bill hould pro vide thM 4vith regMd to eertftin mftftdfttes noIeimbtlfsement is reeJtlired by this ftet for ft speeified reftson

Vith regftM to ftny other mftndMeS this bill vv0tlM pro vide thM if theCommission on StMe ~bndtltes determines thM the bill eontftins eostsso mftndftted by the stftte reimbttIsement for those eosts shftll be mftdeptlfStlftnt to the stftttltory pro visions noted ttbo ve

The California Constitution requires the state to reimburse localagencies and school districts for certain costs mandated by the stateStatutory provisions establish procedures for making thatreimbursement

This bill would provide that no reimbursement is required by this actfor a specified reason

Vote majority Appropriation no Fiscal committee yesState-mandated local program yes

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 111657 of the Penal Code is amended2 to read3 111657 (a) As used in this article mandated reporter is4 defined as any of the following5 (1) A teacher6 (2) An instructional aide7 (3) A teachers aide or teachers assistant employed by any8 public or private schooL9 (4) A classified employee of any public schooL

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-3- AB 1435

1 (5) An administrative officer or supervisor of child welfare and2 attendance or a certificated pupil personnel employee of any public3 or private school4 (6) An administrator of a public or private day camp

(7) An administrator or employee of a public or private youth6 center youth recreation program or youth organization7 (8) An administrator or employee of a public or private8 organization whose duties require direct contact and supervision9 of children

(9) Any employee of a county office of education or the State11 Department of Education whose duties bring the employee into12 contact with children on a regular basis13 (10) A licensee an administrator or an employee of a licensed14 community care or child day care facility

(11) A Head Start program teacher16 (12) A licensing worker or licensing evaluator employed by a17 licensing agency as defined in Section 111651118 (13) A public assistance worker19 (14) An employee of a child care institution including but not

limited to foster parents group home personnel and personnel of21 residential care facilities22 (15) A social worker probation officer or parole officer23 (16) An employee of a school district police or security24 department

(17) Any person who is an administrator or presenter of or a26 counselor in a child abuse prevention program in any public or27 private school28 (18) A district attorney investigator inspector or local child29 support agency caseworker unless the investigator inspector or

caseworker is working with an attorney appointed pursuant to31 Section 317 of the Welfare and Institutions Code to represent a32 mmor33 (19) A peace officer as defined in Chapter 45 (commencing34 with Section 830) of Title 3 of Part 2 who is not otherwise

described in this section36 (20) A firefighter except for volunteer firefighters37 (21) A physician and surgeon psychiatrist psychologist dentist38 resident intern podiatrist chiropractor licensed nurse dental39 hygienist optometrist marriage and family therapist clinical social

worker professional clinical counselor or any other person who

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AB 1435 -4-

is currently licensed under Division 2 (commencing with Section500) of the Business and Professions Code

(22) Any emergency medical technician I or II paramedic orother person certified pursuant to Division 25 (commencing withSection 1797) of the Health and Safety Code

(23) A psychological assistant registered pursuant to Section2913 of the Business and Professions Code

(24) A marriage and family therapist trainee as defined insubdivision (c) of Section 498003 of the Business and ProfessionsCode

(25) An unlicensed marriage and family therapist internregistered under Section 498044 of the Business and ProfessionsCode

(26) A state or county public health employee who treats a minorfor venereal disease or any other condition

(27) A coroner(28) A medical examiner or any other person who performs

autopsies(29) A commercial film and photographic print processor as

specified in subdivision (e) of Section 11166 As used in thisarticle commercial film and photographic print processor meansany person who develops exposed photographic film into negativesslides or prints or who makes prints from negatives or slides forcompensation The term includes any employee of such a personit does not include a person who develops film or makes prints fora public agency

(30) A child visitation monitor As used in this article childvisitation monitor means any person who for financialcompensation acts as monitor of a visit between a child and anyother person when the monitoring of that visit has been orderedby a court of law

(31) An animal control officer or humane society officer Forthe purposes ofthis article the following terms have the followingmeanings

(A) Animal control officer means any person employed by acity county or city and county for the purpose of enforcing animalcontrol laws or regulations

(B) Humane society officer means any person appointed oremployed by a public or private entity as a humane officer who is

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-5- AB 1435

qualified pursuant to Section 14502 or 14503 of the CorporationsCode

(32) A clergy member as specified in subdivision (d) of Section11166 As used in this article clergy member means a priestminister rabbi religious practitioner or similar functionary of achurch temple or recognized denomination or organization

(33) Any custodian of records of a clergy member as specifiedin this section and subdivision (d) of Section 11166

(34) Any employee of any police department county sheriffsdepartment county probation department or county welfaredepartment

(35) An employee or volunteer of a Court Appointed SpecialAdvocate program as defined in Rule 1424 ofthe California Rulesof Court

(36) A custodial officer as defined in Section 8315(37) Any person providing services to a minor child under

Section 12300 or 123001 of the Welfare and Institutions Code(38) An alcohol and drug counselor As used in this article an

alcohol and drug counselor is a person providing counselingtherapy or other clinical services for a state licensed or certifieddrug alcohol or drug and alcohol treatment program Howeveralcohol or drug abuse or both alcohol and drug abuse is not inand of itself a sufficient basis for reporting child abuse or neglect

(39) A clinical counselor trainee as defined in subdivision (g)of Section 499912 of the Business and Professions Code

(40) A clinical counselor intern registered under Section 499942of the Business and Professions Code

(41) An athletic coach athletic administrator or athletic directoremployed by a public or private organization including but notlimited to schools and instittttions of higher e6ueation thatprovidekindergarten or any of grades 1 to 12 inclusive

(b) Except as provided in paragraph (35) of subdivision (a)volunteers of public or private organizations whose duties requiredirect contact with and supervision of children are not mandatedreporters but are encouraged to obtain training in the identificationand reporting of child abuse and neglect and are further encouragedto report known or suspected instances of child abuse or neglectto an agency specified in Section 111659

(c) Employers are strongly encouraged to provide theiremployees who are mandated reporters with training in the duties

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AB 1435 -6-

imposed by this article This training shall include training in childabuse and neglect identification and training in child abuse andneglect reporting Whether or not employers provide theiremployees with training in child abuse and neglect identificationand reporting the employers shall provide their employees whoare mandated reporters with the statement required pursuant tosubdivision (a) of Section 111665

(d) School districts that do not train their employees specifiedin subdivision (a) in the duties of mandated reporters under thechild abuse reporting laws shall report to the State Department ofEducation the reasons why this training is not provided

(e) Unless otherwise specifically provided the absence oftraining shall not excuse a mandated reporter from the dutiesimposed by this article

(f) Public and private organizations are encouraged to providetheir volunteers whose duties require direct contact with andsupervision of children with training in the identification andreporting of child abuse and neglect

(g) (1) On 6r befure Jttmtary 1 2014 ttll) pttblie 6r privflie6rganizttti6ftemp16ing ttft Mhletie e6tteh Mhletie ttdmimstrltt6r6r Mhletie direet6r ttSspeeified ift pMttgrttph (41) 6f sttbdivisi6ft(tt) shttll pr6 vide iftitittl trttining f6r th6se empl~ ees 6n thefull6vvingmtttters

(A) The identifiettti6n 6f ehild ttbttse ttnd negleet(D) Aeti vities thttt e6ftstitttte inltppr6prittte ttftd illegttl e6ntttet

betiveen tt 6tlth ltftd ltft ttthietie e6tteh Mhletie ttdmiftistrttt6r 6rttthietie direet6r

(6) The resp6nsibilities 6f tt pers6n identified lIStt mttndfliedrep6rter in this seeti6n ineIttding btl ft6t limited t6 ttll 6f thefull6 vving

(i) T6 ~h6m tt rep6rt is reqtlired t6 be mttde(ii) The inf6rmttti6n thttt is reqttired t6 be ifte1ttdedin tt rep6rt(iii) The time vvithiftvvhieha mandated rep6rter is reqttired t6

file tt rep6rt(2) Initittl training shall be pr6vided b perS6ftSkn6vvledgeltble

ift the identifiettti6n 6fehild aettse ttnd negleet inltppf6prittte ltftdillegal e6ntaet bem eena 6ttth and ltftadttIt ltftdstatttt6ry rep6rtingreqttiremeftts ltftdshttll e6nsist 6ftw6 h6ttrs 6felassr66m 6r 6therinteraetive trainiftg ltftdedttettti6n

95

-7- AB 1435

1 (h) Commeneing on fmd aftel Jfmtlftry12014 fmofgfmization2 speeified in sttbdivision (g) shaHpro ide initial training within six3 months of the date that fm individtutl beeomes empleryed as an4 Mhletie eoaeh athletie administrator or athletie direetor ttnless5 the indi idttal reeei ed training Hithin tw0 years prior to the date6 the indi idtlal is empleryed An Mhletie eoaeh athletie7 administrator or athletie direetor Hho has leeeied initial training8 ptlfStlafttto sttbdiision (g) shall eomplete eontifttling training9 thereafter onee eery two years eonsisting of one hottf of

10 elassroom or other interaeti e training fmd edtteation11 SEC 2 No reimbtlrsement is reqtlired by this aet pttfStlafttto12 Seetion 6 ofArtiele )GIlD of the California Constitution for eertain13 eosts that may be inetllTed by a loeal ageney or sehool distriet14 beeatlse ift that regard this aet ereates a nev erime or infraetion15 eliminates a erime or infraetion or ehfmges the penalty fOfa erime16 or inflaetion Hithin the meaning of Seetion 17556 of the17 Goemment Code or ehanges the definition ofa elime Hithin the18 meaning of Seetion 6 of Aniele XIII D of the Califomia19 Constitution20 IIo~eer if the Commission on State Mfmdates determines that21 this aet eontainsother eosts mfmdated by the state reimbttfsement22 to loeal ageneies fmd sehool distliets for those eosts shall be made23 ptlfStlafttto Part 7 (eommeneing Hith Seetion 17500) of Division24 4 of Title 2 of the Goemment Code25 SEC 2 No reimbursement is required by this act pursuant to26 Section 6 of Article XIII B of the California Constitution because27 the only costs that may be incurred by a local agency or school28 district will be incurred because this act creates a new crime or29 infraction eliminates a crime or infraction or changes thepenalty30 for a crime or infraction within the meaning of Section 17556 of31 the Government Code or changes the definition of a crime within32 the meaning of Section 6 of Article XIII B of the California33 Constitution

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AB 1904 Assembly Bill Status

MEASURE AUTHOR(S)TOPIC

HOUSE

CURRENT BILL STATUS

AB No 1904Block Butler and

Professions and vocationslicenses

LOCATION

Cookmilitary spouses temporary

TYPE OF BILL

SEN

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyAppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpub11-12billasmab _1901-1950ab _1904_ bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes Noes OOPASS17

An act to add Section 1155 to the Business andProfessions Code relating to professions and vocationsand making an appropriation therefor

-

AB 1588 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1588AUTHOR(S) Atkins (Principal coauthors Cook and Nielsen)

(Coauthors Block Beth Gaines Pan V Manuel PerezWilliams and Yamada)

TOPIC Professions and vocations reservist licensees fees andcontinuing education

HOUSE LOCATION SEN+LAST AMENDED DATE 03052012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS forLAST

LAST

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

TITLE An act to add Section 1143 to the Business andProfessions Code relating to professions and vocations

htlpllwwwleginfocagovpubll-12Ibillasmlab _1551-1600ab _1588 _bill_20120601_statu 652012

middot

AMENDED IN ASSEMBLY MARCH 5 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1588

Introduced by Assembly Member Atkins(Principal coauthors Assembly Members Cook and Nielsen)

(Coauthors Assembly Members Block Beth Gaines PanV Manuel Perez Williams and Yamada)

February 6 2012

An act to add Section 1143 to the Business and Professions Coderelating to professions and vocations

LEGISLATIVE COUNSELS DIGEST

AB 1588 as amended Atkins Professions and vocations reservistlicensees fees and continuing education

Existing law provides for the regulation of various professions andvocations by boards commissions or bureaus within the Departmentof Consumer Affairs and for the licensure or registration of individualsin that regard Existing law authorizes any licensee whose licenseexpired while he or she was on active duty as a member of the CaliforniaNational Guard or the United States Armed Forces to reinstate his orher license without examination or penalty if certain requirements aremet

This bill would require the boards commissions or bureaus describedabove to waive the renewal fees and continuing education requirementsif either is applicable of any licensee or registrant who is a reservistcalled to active duty as a member of the United States Military Reserveor the California National Guard if certain requirements are met

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

98

AB 1588 -2-

Thepeople of the State of Califomi a do enact asfollows

1 SECTION 1 Section 1143 is added to the Business and2 Professions Code to read3 1143 Notwithstanding any other provision oflaw everyboard4 commission or bureau within the department shall waive the5 renewal fees and continuing education requirements if either is6 applicable for any licensee or registrant who is a reservist called7 to active duty as a member of the United States Military Reserve8 or the California National Guard if all of the following9 requirements are met

10 (a) The licensee or registrant was in good standing with the11 board commission or bureau at the time the reservist was called12 to active duty13 (b) The renewal fees or continuing education requirements are14 waived only for the period during which the reservist is on active15 duty service16 (c) The active duty reservist or the active duty reservists spouse17 or registered domestic partner provides written notice satisfactory18 to the board commission or bureau that substantiates the19 reservists active duty service

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98

AB 1896 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1896AUTHOR(S) ChesbroTOPIC Tribal health programs health care practitionersHOUSE LOCATION SEN+LAST AMENDED DATE 03272012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATIONCOMM ACTION DATECOMM ACTIONCOMM VOTE SUMMARY

ASM

05172012Referred to Com on B P amp EDBUSINESS PROFESSIONS AND CONSUMER PROTECTION04102012

Do passAyes 09 Noes OOPASS

TITLE An act to amend the heading of Article 10 (commencingwith Section 710) of Chapter 1 of Division 2 of and toadd Section 719 to the Business and Professions Coderelating to healing arts

httpwwwleginfocagovpubI11-12lbillasmab_1851-1900ab_1896_bill_20120517 _statu 652012

-

AMENDED IN ASSEMBLY MARCH 27 2012

CALIFORNIA LEGISLATURE-20II-12 REGULAR SESSION

ASSEMBLY BILL No 1896

Introduced by Assembly Member Chesbro

February 222012

An act to amend the heading of Article 10 (commencing with Section710) of Chapter 1 of Division 2 of and to add Section 719 to theBusiness and Professions Code relating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1896 as amended Chesbro Tribal health programs health carepractitioners

Under existing federal law licensed health professionals employedby a tribal health program are required to be exempt if licensed in anystate from the licensing requirements of the state in which the tribalhealth program performs specified services A tribal health program isdefined as an Indian tribe or tribal organization that operates any healthprogram service function activity or facility funded in whole or partby the Indian Health Service

Existing law provides for the licensure and regulation of health carepractitioners by various healing arts boards within the Department ofConsumer Affairs

This bill would codify that federal requirement by specifying that aperson who is licensed as a health care practitioner in any other stateand is employed by a tribal health program is exempt from any statelicensing requirement with respect to acts authorized under thepersonslicense where the tribal health program performs specified services

Vote majority Appropriation no Fiscal committee noState-mandated local program no

98

AD 1896 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 The heading of Article 10 (commencing with2 Section 710) of Chapter 1 of Division 2 of the Business and3 Professions Code is amended to read456789

101112131415161718192021

Article 10 Federal Personnel and Tribal Health Programs

SEC 2 Section 719 is added to the Business and ProfessionsCode to read

719 (a) A person who is licensed as a health care practitionerin any other state and is employed by a tribal health program asdefined in Section 1603 of Title 25 of the United States Code shallbe exempt from any licensing requirement described in this divisionwith respect to acts authorized under the persons license wherethe tribal health program performs the services described in thecontract or compact of the tribal health program under the IndianSelf-Determination and Education Assistance Act (25 USC Sec450 et seq)

(b) For purposes of this section health care practitioner meansany person who engages in acts that are the subject of licensureor regulation under this division or Ml) initiative 8et referred to inthis division the law of any other state

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98

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1904

Introduced by Assembly Members Block Butler and Cook

February 222012

An act to add Section 1155 to the Business and Professions Coderelating to professions and vocations and making an appropriationtherefor

LEGISLATIVE COUNSELS DIGEST

AB 1904 as introduced Block Professions and vocations militaryspouses temporary licenses

Existing law provides for the licensure and regulation of variousprofessions and vocations by boards within the Department of ConsumerAffairs Existing law provides for the issuance of reciprocal licenses incertain fields where the applicant among other requirements has alicense to practice within that field in another jurisdiction as specifiedUnder existing law licensing fees imposed by certain boards withinthe department are deposited in funds that are continuously appropriated

This bill would authorize a board within the department to issue atemporary license to an applicant who among other requirements holdsan equivalent license in another jurisdiction as specified and is marriedto or in a legal union with an active duty member of the Armed Forcesofthe United States who is assigned to a duty station in California underofficial active duty military orders The bill would require a board toexpedite the process for issuing these temporary licenses The bill wouldrequire the applicant to pay any fees required by the board and wouldrequire that those fees be deposited in the fund used by the board toadminister its licensing program To the extent that the bill would

99

AB 1904 -2-

increase the amount of money deposited into a continuously appropriatedfund the bill would make an appropriation

Vote majority Appropriation yes Fiscal committee yesState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 1155 is added to the Business and2 Professions Code to read3 1155 (a) A board within the department may issue a4 temporary license to an applicant who meets all of the following5 requirements6 (l) Submits an application in the manner prescribed by the7 board8 (2) Supplies evidence satisfactory to the board that the applicant9 is married to or in a domestic partnership or other legal union

10 with an active duty member of the Armed Forces of the United11 States who is assigned to a duty station in this state under official12 active duty military orders13 (3) Holds a current license in another state district or territory14 of the United States with the requirements that the board determines15 are substantially equivalent to those established under this code16 for that occupation17 (4) Has not committed an act in anyjurisdiction that would have18 constituted grounds for denial suspension or revocation of the19 license under this code at the time the act was committed20 (5) Has not been disciplined by a licensing entity in another21 jurisdiction and is not the subject of an unresolved complaint22 review procedure or disciplinary proceeding conducted by a23 licensing entity in another jurisdiction24 (6) Pays any fees required by the board Those fees shall be25 deposited in the applicable fund or account used by the board to26 administer its licensing program27 (7) Submits fingerprints and any applicable fingerprinting fee28 in the manner required of an applicant for a regular license29 (b) A board shall expedite the procedure for issuing a temporary30 license pursuant to this section31 (c) A temporary license issued under this section shall be valid32 for 180 days except that the license may at the discretion of the

99

-3- AB 1904

I board be extended for an additional180-day period on application2 of the license holder3 (d) A board may adopt regulations necessary to administer this4 section

o

99

AB 1932 Assembly Bill Status

MEASURE AUTHOR(S)TOPICHOUSE+LAST

CURRENT BILL STATUS

AB No 1932Gorell (Coauthor Cook)

United States armed services healing arts boardsLOCATION SENAMENDED DATE 04172012

TYPE OF BILL

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpubI11-12Ibillasmab_1901-1950ab_1932_bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

An act to add Section 7102 to the Business andProfessions Code relating to healing arts

-

AMENDED IN ASSEMBLY APRIL 172012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1932

Introduced by Assembly Member-Ceek Gorell(Coauthor Assembly Member Cook)

February 222012

An act to add Section 7102 to the Business and Professions Coderelating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1932 as amended euroook Gorell United States armed serviceshealing arts boards

Existing law provides for the licensure and regulation of varioushealing arts professions and vocations by boards within the Departmentof Consumer Affairs Existing law requires the rules and regulations ofthese healing arts boards to provide for methods of evaluating educationtraining and experience obtained in military service if such training isapplicable to the requirements of the particular profession or vocationregulated by the board Under existing law the Department of VeteransAffairs has specified powers and duties relating to various programsserving veterans

This bill would require by January 12014 and annually thereafterevery healing arts board to issue a specified written report to theDepartment of Veterans Affairs and the Legislature as specified thatclearly details the methods of evaluating the education training andexperience obtained in military service and whether that educationtraining and experience is applicable to the boards requirements forlicensure The bill would declare the intent of the Legislature in thisregard

98

AB 1932 -2-

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 710 of the Business and Professions Code2 was enacted in 1969 and because healing arts boards have not3 demonstrated significant compliance with that section it is the4 intent of the Legislature to establish an annual reporting5 requirement to compel these boards to provide information about6 the methods of evaluating education training and experience7 obtained in military service in order to meet the needs of the8 upcoming wave of armed service members returning to civilian9 life

10 SEC 2 Section 7102 is added to the Business and Professions11 Code to read12 7102 (a) By January 12014 and annually thereafter every13 healing arts board described in this division shall issue a written14 report to the Department of Veterans Affairs and to the Legislature15 that clearly details the methods of evaluating the education16 training and experience obtained in military service and whether17 that education training and experience is applicable to the boards18 requirements for licensure This written report shall include but19 not be limited to quantitative information about the number of20 service members who have applied for and have used their military21 education training and experience to fulfill the boards22 requirements for licensure23 (b) (1) The requirement to submit a report to the Legislature24 under subdivision (a) shall be inoperative on January 1 201825 pursuant to Section 102315 of the Government Code26 (2) A report to the Legislature shall be submitted in compliance27 with Section 9795 of the Government Code

o

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      • AGENDA ITEM 4
      • DISCUSSION AND POSSIBLE ACTION REGARDING PENDING LEGISLATION
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                  • AB 171 Assembly Bill- Status
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                                                                                                                                                                                          • AB 958 Assembly Bill- Status
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                                                                                                                                                                                                                                                  • middot AB 1588 Assembly Bill- Status
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                                                                                                                                                                                                                                                                          • AB 1896 Assembly Bill - Status
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                                                                                                                                                                                                                                                                                                                  • AB 1932 Assembly Bill - Status
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Page 32: DISCUSSION ANDPOSSIBLE ACTION REGARDING PENDING … · 2012-06-14  · Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of2010 (PublicLaw 111-152)

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-17- AB518

SEC 6 Section 15634 of the Welfare and Institutions Codeas amended by Section 711 ojChapter 538 of the Statutes oj2006is repealed

15634 eft) No eMe etlstodimt ele~ member hea-lthpraetitioner or employee of an adttlt proteeti-ve serviees ageneyor a loeal larn enforeement ageney who reports a lrnown orsttspeeted instanee of elder or dependent adtllt abtlse shaHbe eiviHyor eriminalry liable for any report reqttired or attthorizedby thisartiele Any other peIson reporting a lrnOWfior stlspeeted instaneeof elder or dependeItt adttIt abtlse shall not inettr ei vil or eriminalliability as a restllt of any report attthorizedby this artiele ttnlessit ean be pro ven that a false report was made and the person knewthat the report vvasrelse gteJoperson reqtlired to make a reportptlrstlant to this artiele or any person taking photographs at his orher diseretion shall inettr any eivii or eriminalliability fer takingphotographs of a stlspeeted vietim of elder or dependent adtlltabtlse or eattsing photographs to be taken of the stlspeeted vietimor fOIdisseminating the photographs with the reports reqtlired bythis artiele However this seetion shall not be eonstmed to gIantimmttnity from this liability vvithrespeet to any other tlse of thephotographs

(b) No eMe etlstodian el~ member health praetitioner oremployee of an adtlIt proteetive seniees ageney or a loea-l lawenfereemeItt ageney who pttrsttant to a reqtlest from an adttltproteeti-ie seniees ageney or a loeal lavI enforeemeItt ageneyinvestigating a report of lrnOViftor stlspeeted elder or dependentadtllt abtlse proides the reqtlesting ageney with aeeess to thevietim of a lrnovvnor stlspeeted instanee of elder or dependeIttadttlt abtlse shall inettr eiviI or eriminal liability as a restlIt ofpro viding that aeeess

ee) The Legislatttre finds that even thOtlgh it has pIOvidedimmtlnity from liability to peIsons reqtlired to report elder ordependent mit abttse immtlIlity does not eliminate the possibilitythat aetions may be brotlght agamst those persons based tlJ0nreqtlired reports of abtlse In order to fttrther limit the finaneialhardship that those persons may inettr as a resttIt offttlfilling theirlegal responsibilities it is neeessary that they not be tlftreirlybttrdened by legal fees inetlffed in defending those aetionsTherefore a eMeetlstodian ele~ member health praetitioneror employee ofan adttlt proteetive seniees ageney or a loeallffi7t

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AB518 -18-

enfOieement agene)l ma) present to the CalifeJmia VietimCempensatien and Geemment Claims BeMd a elaim feJrreasenable atteme)s fees inetJifedin any aetien agffinstthat persenen the basis efmMcinga repert reqtlired er attth6rizedb)l this Mtieleif the eeM has dismissed the aetien t1pen a demtlffer el metienfur sttmillM)lj tldgment made b that persen el ifhe er she preailsin the aetien The Califumia Vietim Cempensatien andGeemment Claims Beard shall allew that ehtim if thereqtlirements ef this sttbdi isien Me met and the elaim shall bepaid fl6man fllprepriatien te be made fur that ptllpese Atteme) sfees aarded ptliStlMltto this seetien shall net exeeedan hetlilyrate greater than the late eharged b the Attemey General at thetime the aard is made and sh8llnet exeeedan aggregate amettllteffitty thetlsanBdellMs ($50000) This sttbdF isien shall net applyif a pttblie enti) has pmbullided fer the defense ef the aetien ptlistlantte Seetien 995 ef the Ge emment Cede

(6) This seetien shall beeeme eperatie en JMttlM)12013SEC 7 Section 15640 of the Welfare and Institutions Code

as amended by Section 9 of Chapter 140 of the Statutes of2005is amended to read

15640 (a) (1) An adult protective services agency shallimmediately or as soon as practically possible report by telephoneto the law enforcement agency having jurisdiction over the caseany known or suspected instance of criminal activity and to anypublic agency given responsibility for investigation in thatjurisdiction of cases of elder and dependent adult abuse everyknown or suspected instance of abuse pursuant to Section 15630or 156301 of an elder or dependent adult A county adult protectiveservices agency shall also send a written report thereof within twoworking days of receiving the information concerning the incidentto each agency to which it is required to make a telephone reportunder this subdivision Prior to making any cross-report ofallegations of financial abuse to law enforcement agencies anadult protective services agency shall first determine whether thereis reasonable suspicion of any criminal activity

(2) If an adult protective services agency receives a report ofabuse alleged to have occurred in a long-term care facility thatadult protective services agency shall immediately inform theperson making the report that he or she is required to make thereport to the long-term care ombudsman program or to a local law

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-19- AB518

enforcement agency The adult protective services agency shallnot accept the report by telephone but shall forward any writtenreport received to the long-term care ombudsman

(b) If an adult protective services agency or local lawenforcement agency or ombudsman program receiving a report ofknown or suspected elder or dependent adult abuse determinespursuant to its investigation that the abuse is being committed bya health practitioner licensed under Division 2 (commencing withSection 500) of the Business and Professions Code or any relatedinitiative act or by a person purporting to be a licensee the adultprotective services agency or local law enforcement agency orombudsman program shall immediately or as soon as practicallypossible report this information to the appropriate licensingagency The licensing agency shall investigate the report in lightof the potential for physical harm The transmittal of informationto the appropriate licensing agency shall not relieve the adultprotective services agency or local law enforcement agency orombudsman program of the responsibility to continue its owninvestigation as required under applicable provisions of law Theinformation reported pursuant to this paragraph shall remainconfidential and shall not be disclosed

(c) A local law enforcement agency shall immediately or assoon as practically possible report by telephone to the long-termcare ombudsman program when the abuse is alleged to haveoccurred in a long-term care facility or to the county adultprotective services agency when it is alleged to have occurredanywhere else and to the agency given responsibility for theinvestigation of cases of elder and dependent adult abuse everyknown or suspected instance of abuse of an elder or dependentadult A local law enforcement agency shall also send a writtenreport thereof within two working days of receiving the informationconcerning the incident to any agency to which it is required tomake a telephone report under this subdivision

(d) A long-term care ombudsman coordinator may report theinstance of abuse to the county adult protective services agencyor to the local law enforcement agency for assistance in theinvestigation of the abuse if the victim gives his or her consent Along-term care ombudsman program and the Licensing andCertification Division ofthe State Department ofIIealth SeI ieesPublic Health shall immediately report by telephone and in writing

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AB518 -20-

1 within two working days to the bureau any instance of neglect2 occurring in a health care facility that has seriously harmed any3 patient or reasonably appears to present a serious threat to the4 health or physical well-being of a patient in that facility If a victim5 or potential victim of the neglect withholds consent to being6 identified in that report the report shall contain circumstantial7 information about the neglect but shall not identify that victim or8 potential victim and the bureau and the reporting agency shall9 maintain the confidentiality of the report until the report becomes

lOa matter of public record11 (e) When a county adult protective services agency a long-term12 care ombudsman program or a local law enforcement agency13 receives a report of abuse neglect or abandonment of an elder or14 dependent adult alleged to have occurred in a long-term care15 facility that county adult protective services agency long-term16 care ombudsman coordinator or local law enforcement agency17 shall report the incident to the licensing agency by telephone as18 soon as possible19 (f) County adult protective services agencies long-term care20 ombudsman programs and local law enforcement agencies shall21 report the results of their investigations of referrals or reports of22 abuse to the respective referring or reporting agencies23 Eg) This seeti6n shall remain in dIcet 6ny tlfttilJ~ 1201324 and as 6f that date is repealed unless a later enaeted stMttte that25 is enaeted bef6re Janttary 12013 deletes 6r extends that date26 SEC 8 Section 15640 of the Welfare and Institutions Code27 as added by Section 10 of Chapter 140 of the Statutes of 2005 is28 repealed 29 15640 Ea) E1) An adult pr6teeti e sen iees ageney shall30 immediate) 6r as S66nas praetieal) p6ssible rep6rt 0 te1eph6ne31 t6 the la~ enf6reement ageney haing jttrisdieti6n 6er the ease32 an kntMfl6r suspeeted instanee 6f eriminal aeth it) and t6 any33 pttblie agene gien resp6nsibilit) f6r illestigMi6n in that34 jurisdieti6n 6f eases 6f elder and dependent adttlt abuse eery35 kfl6n6r suspeeted instanee 6f aetlse purstlant t6 Seeti6n 1563036 6f an elder 6r dependent adttlt A e6t11ltyadttlt pr6teeti e sen iees37 ageney shall als6 send a TV ritten rep6rt there6f Vv ithin ti 6 V 6rking38 days 6f reeeiving the inwrmati6n e6neeming the ineident t6 eaeh39 ageney t6 vv hieh it is reqtlired t6 make a teleph6ne Iep6rt tlftder40 this subdiisi6n Pri6r t6 making an er6SSIep6rt 6f allegati6ns

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-21- AB518

offilumeial abttse to lavvenforeemertt a-geneiesMladult proteetFesen iees agene) shaH first determine whether there is reasonablesuspieion of tmJ eriminM aeti vit

(2) If an adult proteeti ve sen iees agene) reeei ves a report ofabttse alleged to ha ve oeettlTed in a long teml eare faeilit) thatadttlt proteeti ve sen iees ageney shall immediate) infoml theperson making the report that he or she is required to make thereport to the long term eare ombttdsman program 01 to aloeallawenforeemertt a-geneyThe adttlt proteeti ve sen iees agene) shallnot aeeept the report b) telephone btlt shall fonvMd flit) vvTittenreport leeehed to the long teml eare ornbtldsman

(b) If an adtllt proteetive seniees ageney or loeal lawenforeement agene) or ornbtldsman program reeei vinga report ofkftovm or stlspeeted elder or dependent adttlt MtlSe determinespttrstlartt to its inYestigationthat the flbttseis being eommitted bya health 11aetitioner lieensed tlftder Division 2 (eonJffieneingwithSeetion 500) of the Btlsiness flftdProfessions Code or flit) lelatedinitiatiye aet or by a person ptlrporting to be a lieensee the adtlltproteetive seniees a-gene) or loeallaw enforeement agene) orombttdsman program shall immediate) or as soon as praetieall)possible report this mformation to the appropriate lieensingagene) The lieensing agene) shall investigate the report in lightof the poterttial fur ph) sieal hamlThe trMlsmittfllof informationto the appropriate lieensing agene) shall not relieve the adtlltproteethe serviees agene) or loeallaw enforeement agene) orornbtldsmflft program of the responsibility to eorttinue its 0~vninvestigation as reqttired tlftder applieable provisions of law Theinformation reported pttrstlant to this paragraph shall remaineoniiderttial flItdshfl11not be diselosed

(e) A loealla bullbull enforeement agefte) shall immediate) or assoon as praetieal) possible report b) telephone to the long termeare ombtldsman program bullbullhen the abtlse is alleged to haveoeetllTed in a long term eare faeilit) or to the eotlnt) adttltproteetive seniees agene) bullbullhen it is alleged to have oeeUlfedan) vvhere else flftd to the agene) gh en responsibilit) for theinvestigation of eases of elder and dependent adttlt abtlse everykftovm or stlspeeted instflftee of MtlSe of an elder or dependerttadttlt A loeallaw enforeement ageney shall also send a Ylfittenreport thereof bullbullithin ftv0 vvorking dfl)s ofreeei ving the infomlation

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AB518 -22-

eoneeming the ineident to an agenC) to vvhieh it is reqtlired toftutke a telephone report tlIlderthis stlbdh ision

Ed) A long tenn eare ombttdsman eoordinator mll) report theinstlllleeof abtlse to the eot1llryadttlt proteetive seniees ageneyor to the loeal la bullbull enforeement agenC) for assistlllleein theinvestigationof the abttse if the vietim gives his or her eonsent Along tenn eMe ombtldsmllllprogram llIldthe Lieensing llIldCertifieation Division of the State DepMtment ofIIealth Senieesshall immediately report b telephone llIldin vvriting vvithin hiv0tv orkingdll) s to the bm eatl an instlllleeof negleet oeet1ffingin ahealth eare faeiliry that has seriotlsl hMmed an patient orreasonably appeMs to present a seriotls threat to the health orph sieal vvell being of a patient in that ffteiliry If a J ietim orpotential TV ietim of the neglect vithholds eonsent to being identifiedin that report the report shall eontain eirettmstlllltialinformationabom the negleet bm shall not identif) that vietim or potentialvietim and the bttreatl llIldthe reporting agenC) shall maintain theeoniidentialiry of the report tlntil the report beeomes a matter ofptlblie reeord

Ee) hen a eotlllryadttlt proteeti ve sen iees agenC) a long termeare ombtldsman program or a loeal la enforeement ageneyreeeives a report ofabttse negleet or ablllldonmentofllllelder ordependent adttlt alleged to have oeet1ffedin a long term earefaeiliry that eotlnty adtllt proteeti ve sen iees agenC) long termeare ombtldsmlllleoordinator or loeallavv enforeement ageneyshall report the ineident to the lieensing agene b telephone assoon as possible

ED COtl1lt)adtllt proteetive seniees ageneies long term eareombttdsman programs and 10ea1lavvenforeement ageneies shallreport the restllts of their investigations of referrals or reports ofabtlse to the respeetive referring or reporting ageneies

Eg) This seetion shall beeome operative on JllIlt1flry12013SEC 9 Section 156555 of the Welfare and Institutions Code

as amended by Section 11 of Chapter 140 of the Statutes of 2005is amended to read

156555 A county adult protective services agency shallprovide the organizations listed in paragraphs (v) (w) and (x) ofSection 1561017 and mandated reporters of suspected financialabuse of an elder or dependent adult pursuant to Section 156301with instructional materials regarding abuse and neglect of an elder

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-23- AB518

1 or dependent adult and their obligation to report under this chapter2 At a minimum the instructional materials shall include the3 following4 (a) An explanation of abuse and neglect of an elder or dependent

adult as defined in this chapter6 (b) Information on how to recognize potential abuse and neglect7 of an elder or dependent adult8 (c) Information on how the county adult protective services9 agency investigates reports of known or suspected abuse and

neglect11 (d) Instructions on how to report known or suspected incidents12 of abuse and neglect including the appropriate telephone numbers13 to call and what types of information would assist the county adult14 protective services agency with its investigation of the report

(e) This seetion shall remain in eifcet only tlfttil Jflfttlttry 1 201316 and as of that date is repealed tmless a later enaeted stattlte that17 is enaeted before Jafttlttry 12013 deletes or extends that date18 SEC 10 Section 156555 of the Welfareand Institutions Code19 as amended by Section 712 of Chapter 538 of the Statutes of2006

is repealed21 156555 A eottftt) achtlt proteetive serviees agene) shall22 pmvide the organi2ations listed in paragraphs (v) (vv) and Ex) of23 Seetion 1561017 with instItletional materials regarding elder and24 dependent achtlt abtlse and negleet and their obligation to report

under this ehapter At a minimum the instruetional materials shall26 inelude the follovving27 (a) An explanation of elder and dependent achtlt abuse and28 negleet as defined in this ehapter29 (b) Information on how to reeogni2e potential elder and

dependent achtlt abuse and negleet31 (e) Information on ho vIthe eottftt) achtlt proteeti ve serv iees32 agene) investigates reports of knovm or suspeeted abuse and33 negleet34 (d) Instmetions on hovv to report ]movvn or suspeeted ineidents

of abuse and negleet ineltlding the appropriate telephone llt11llbers36 to eall and what rypes of information vvould assist the eount) adult37 proteetirv e sen iees agene) with its in (estigation of the report38 (e) This seetion shall beeome operati e on January I 20 13

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AB 608 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 608Pan

Health care coverage telemedicine

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to health care

httpwww1eginfocagovpubII-12Ibillasmab_0601-0650ab _608_ bill_ 20120201_status 652012

-

AB 783 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 783AUTHOR(S) HayashiTOPIC Professional corporations licensed physical therapists

and occupational therapists+LAST AMENDED DATE 04072011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

COMMCOMMCOMM

HIST ACT DATEHIST ACTION

From committeeRule 62(a)

LOCATION SENACTION DATEACTION

06282011In committee Set second hearing Failed passagewithout further action pursuant to Joint

LASTLAST

BUSINESS PROFESSIONS AND ECONOMIC DEVELOPMENT06272011

Set second hearing Failed passage in Committee

TITLE An act to amend Section 2406 of the Business andProfessions Code and to amend Section 134015 of theCorporations Code relating to professional corporations

httpwwwleginfocagovpub11-12billasmab_0751-0800ab_783_bill_20111115_status 652012

-

AMENDED IN ASSEMBLY APRIL 7 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 783

Introduced by Assembly Member Hayashi

February 172011

An act to amend Section 2406 of the Business and Professions Codeand to amend Section 134015 of the Corporations Code relating toprofcssiemal eorporations and deelaring the mgeney thereof to tttkeeffeet immediatelyprofessional corporations

LEGISLATIVE COUNSELS DIGEST

AB 783 as amended Hayashi Professional corporations licensedphysical therapists and occupational therapists

Existing law regulating professional corporations provides that certainhealing arts practitioners may be shareholders officers directors orprofessional employees of a medical corporation-er-a podiatric medicalcorporation or a chiropractic corporation subject to certain limitations

This bill would add licensed physical therapists and licensedoccupational therapists to the list of healing arts practitioners who maybe shareholders officers directors or professional employees of thosecorporations The bill would also make conforming changes to a relatedprovision

This bill vv otlld deelare that it is to take etteet immediately as anmgeney statttte

Vote -majority Appropriation no Fiscal committee noState-mandated local program no

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AB783 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 2406 of the Business and Professions2 Code is amended to read3 2406 A medical corporation or podiatry corporation is a4 corporation that is authorized to render professional services as

defined in Sections 13401 and 134015 ofthe Corporations Code6 so long as that corporation and its shareholders officers directors7 and employees rendering professional services who are physicians8 and surgeons psychologists registered nurses optometrists9 podiatrists chiropractors acupuncturists naturopathic doctors

physical therapists or in the case of a medical corporation only11 physician assistants marriage and family therapists or clinical12 social workers are in compliance with the Moscone-Knox13 Professional Corporation Act the provisions of this article and all14 other statutes and regulations now or hereafter enacted or adopted

pertaining to the corporation and the conduct of its affairs16 With respect to a medical corporation or podiatry corporation17 the governmental agency referred to in the Moscone-Knox18 Professional Corporation Act is the board19 SEC 2 Section 134015 of the Corporations Code is amended

to read21 134015 Notwithstanding subdivision (d) of Section 1340122 and any other provision of law the following licensed persons23 may be shareholders officers directors or professional employees24 of the professional corporations designated in this section so long

as the sum of all shares owned by those licensed persons does not26 exceed 49 percent ofthe total number of shares of the professional27 corporation so designated herein and so long as the number of28 those licensed persons owning shares in the professional29 corporation so designated herein does not exceed the number of

persons licensed by the governmental agency regulating the31 designated professional corporation32 (a) Medical corporation33 (1) Licensed doctors of podiatric medicine34 (2) Licensed psychologists

(3) Registered nurses36 (4) Licensed optometrists37 (5) Licensed marriage and family therapists38 (6) Licensed clinical social workers

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-3-

(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists(10) Naturopathic doctors(11) Licensed physical therapists(12)Licensed occupational therapists(b) Podiatric medical corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed optometrists(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(8) Licensed physical therapists(9) Licensed occupational therapists(c) Psychological corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Registered nurses(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed chiropractors(8) Licensed acupuncturists(9) Naturopathic doctors(d) Speech-language pathology corporation(1) Licensed audiologists(e) Audiology corporation(1) Licensed speech-language pathologists(t) Nursing corporation(l) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists

AB783

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AB783 -4-

(10) Naturopathic doctors(g) Marriage and family therapy corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed clinical social workers(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(h) Licensed clinical social worker corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed marriage and family therapists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(i) Physician assistants corporation(1) Licensed physicians and surgeons(2) Registered nurses(3) Licensed acupuncturists(4) Naturopathic doctorsG) Optometric corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(k) Chiropractic corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed acupuncturists(9) Naturopathic doctors

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-5- AB783

(10) Licensed physical therapists(11) Licensed occupational therapists(l) Acupuncture corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed physician assistants(9) Licensed chiropractors(10) Naturopathic doctors(m) Naturopathic doctor corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed physician assistants(5) Licensed chiropractors(6) Licensed acupuncturists(7) Licensed physical therapists(8) Licensed doctors of podiatric medicine(9) Licensed marriage family and child counselors(10) Licensed clinical social workers(11) Licensed optometrists(n) Dental corporation(1) Licensed physicians and surgeons(2) Dental assistants(3) Registered dental assistants(4) Registered dental assistants in extended functions(5) Registered dental hygienists(6) Registered dental hygienists in extended functions(7) Registered dental hygienists in alternative practiceSEC 3 This aet is Ml ttrgene statttte neeessary for the

immediatepresenation of the ptlblie peaee hettlihor saferyvvithinthe meMling of Miele IV of the Constittttion Mld shaHgo intoimmediate effeet The fftets eonstitttting the neeessiry Me

In order to 8t1thorizelieensed physieal therapists to beshareholders offieers mreetors or professional employees of

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AD7S3 -6-

1 memeal eorpofatiofts andpodiatrie medieal eorpofatiofts as soOft2 as possible it is fteeessary that this aet tftke dIeet immediately

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AB 800 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 800Huber

Boards and commissions time reporting

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to add Section 1156410 to the Government Coderelating to boards and commissions

httpwwwleginfocagovpubI11-12billasmlab_0751-0800ab _800_ bill_20120201_status 652012

-

AB 958 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 958Bill Berryhill

Regulatory boards limitations periods

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to Art IV Sec 10(e) of theFrom committee Filed with the Chiefto Joint Rule 56BUSINESS PROFESSIONS AND CONSUMER PROTECTION

TITLE An act to add Section 1105 to and to repeal Sections16702 22305 296005 3137 375051 498205499032 5561 5661 76865 988420 and 98898 of theBusiness and Professions Code relating to regulatoryboards

httpwwwleginfocagovpub11-12lbillasmlab_0951-1 OOOab_958 _bill_ 20120202_ status 652012

AB 1003 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 1003Smyth

Professional and vocational licenses

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to professional and vocational licenses

httpwwwleginfocagovpubll-12Ibillasmlab_l00l-l 050ab_1003 _bill_2012020 I_statu 652012

-

AB 1205 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1205AUTHOR(S) Bill BerryhillTOPIC Licensed behavior analysts+LAST AMENDED DATE 04042011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to amend Section 499018 of and to add Chapter52 (commencing with Section 252971) to Division 2 ofthe Business and Professions Code relating to healingarts

httpwwwleginfocagovpub11-12billasmab _120 1-1250ab_1205 _bill_20 120201_statu 652012

AB 1435 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1435AUTHOR(S) Dickinson (Coauthors Alejo Buchanan and Hill) TOPIC Child abuse reporting athletic personnelHOUSE LOCATION SEN+LAST AMENDED DATE OS252012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredState-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS for

LASTLAST

APPROPRIATIONSOS252012

Do pass as amendedAyes 17 Noes OOPASS

TITLE An act to amend Section 111657 of the Penal Coderelating to child abuse reporting

httpwww1eginfocagovpub11-12lbiIVasmab_140 1-1450ab _1435 _bill~0120601_statu 652012

AMENDED IN ASSEMBLY MAY 25 2012

AMENDED IN ASSEMBLY MARCH 21 2012

AMENDED IN ASSEMBLY MARCH 142012

AMENDED IN ASSEMBLY FEBRUARY 29 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1435

Introduced by Assembly Member Dickinson(Coauthors Assembly Members Alejo Buchanan and Hill)

January 4 2012

An act to amend Section 111657 of the Penal Code relating to childabuse reporting

LEGISLATIVE COUNSELS DIGEST

AB 1435 as amended Dickinson Child abuse reporting athleticpersonnel

Existing law the Child Abuse and Neglect Reporting Act requiresa mandated reporter as defined to report whenever he or she in his orher professional capacity or within the scope of his or her employmenthas knowledge of or observed a child whom the mandated reporterknows or reasonably suspects has been the victim of child abuse orneglect Failure to report an incident is a crime punishable byimprisonment in a county jail for a period of up to 6 months a fine ofup to $1000 or by both that imprisonment and fine

This bill would add athletic coaches athletic administrators andathletic directors employed by a public or private organization to thelist of individuals who are mandated reporters The bill otlld reqtlirean ptlblie or pri v ate orgflftizationernplo ing flftathletieeoaen Mhletie

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~

AB 1435 -2-

ftdministrator or Mhletie direetor to hftve provided initiftl trftining byJflfttlM) I 2014 on speeified mfttters relMing to ehiM a-bttse ftftdnegleetfor those employees On ftftd ftfter lftnuftry 12014 the bill vvottld reeJtlireinitiftl trftining to be pro vided IV ithin 6 months of the dMe ftn indi vidttftlbeeomes employed in thM eftlfteiry The bill vvouM require theseindividuftls to eomplete eontifttling tminmg every 2 yeMs

By imposing the reporting requirements on a new class of personsfor whom failure to report specified conduct is a crime ftftdby imposingne~ trftining reeJtlirements on publie oIgftfiiZMions ineluding loeftlgOvernment entities this bill would impose a state-mandated localprogram

The Cftlifomift Constittltion reqtlires the stMe to reimbtlfse loeftlftgeneies ftnd sehool distriets for eertftin eosts mftftdMed by the stftteStftttltory pItYvisions esffiblish proeedtlfes for mftkffigthftt reimbtlfsement

This bill hould pro vide thM 4vith regMd to eertftin mftftdfttes noIeimbtlfsement is reeJtlired by this ftet for ft speeified reftson

Vith regftM to ftny other mftndMeS this bill vv0tlM pro vide thM if theCommission on StMe ~bndtltes determines thM the bill eontftins eostsso mftndftted by the stftte reimbttIsement for those eosts shftll be mftdeptlfStlftnt to the stftttltory pro visions noted ttbo ve

The California Constitution requires the state to reimburse localagencies and school districts for certain costs mandated by the stateStatutory provisions establish procedures for making thatreimbursement

This bill would provide that no reimbursement is required by this actfor a specified reason

Vote majority Appropriation no Fiscal committee yesState-mandated local program yes

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 111657 of the Penal Code is amended2 to read3 111657 (a) As used in this article mandated reporter is4 defined as any of the following5 (1) A teacher6 (2) An instructional aide7 (3) A teachers aide or teachers assistant employed by any8 public or private schooL9 (4) A classified employee of any public schooL

95

T

5

10

15

20

25

30

35

40

-3- AB 1435

1 (5) An administrative officer or supervisor of child welfare and2 attendance or a certificated pupil personnel employee of any public3 or private school4 (6) An administrator of a public or private day camp

(7) An administrator or employee of a public or private youth6 center youth recreation program or youth organization7 (8) An administrator or employee of a public or private8 organization whose duties require direct contact and supervision9 of children

(9) Any employee of a county office of education or the State11 Department of Education whose duties bring the employee into12 contact with children on a regular basis13 (10) A licensee an administrator or an employee of a licensed14 community care or child day care facility

(11) A Head Start program teacher16 (12) A licensing worker or licensing evaluator employed by a17 licensing agency as defined in Section 111651118 (13) A public assistance worker19 (14) An employee of a child care institution including but not

limited to foster parents group home personnel and personnel of21 residential care facilities22 (15) A social worker probation officer or parole officer23 (16) An employee of a school district police or security24 department

(17) Any person who is an administrator or presenter of or a26 counselor in a child abuse prevention program in any public or27 private school28 (18) A district attorney investigator inspector or local child29 support agency caseworker unless the investigator inspector or

caseworker is working with an attorney appointed pursuant to31 Section 317 of the Welfare and Institutions Code to represent a32 mmor33 (19) A peace officer as defined in Chapter 45 (commencing34 with Section 830) of Title 3 of Part 2 who is not otherwise

described in this section36 (20) A firefighter except for volunteer firefighters37 (21) A physician and surgeon psychiatrist psychologist dentist38 resident intern podiatrist chiropractor licensed nurse dental39 hygienist optometrist marriage and family therapist clinical social

worker professional clinical counselor or any other person who

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101112131415161718192021222324252627282930313233343536373839

AB 1435 -4-

is currently licensed under Division 2 (commencing with Section500) of the Business and Professions Code

(22) Any emergency medical technician I or II paramedic orother person certified pursuant to Division 25 (commencing withSection 1797) of the Health and Safety Code

(23) A psychological assistant registered pursuant to Section2913 of the Business and Professions Code

(24) A marriage and family therapist trainee as defined insubdivision (c) of Section 498003 of the Business and ProfessionsCode

(25) An unlicensed marriage and family therapist internregistered under Section 498044 of the Business and ProfessionsCode

(26) A state or county public health employee who treats a minorfor venereal disease or any other condition

(27) A coroner(28) A medical examiner or any other person who performs

autopsies(29) A commercial film and photographic print processor as

specified in subdivision (e) of Section 11166 As used in thisarticle commercial film and photographic print processor meansany person who develops exposed photographic film into negativesslides or prints or who makes prints from negatives or slides forcompensation The term includes any employee of such a personit does not include a person who develops film or makes prints fora public agency

(30) A child visitation monitor As used in this article childvisitation monitor means any person who for financialcompensation acts as monitor of a visit between a child and anyother person when the monitoring of that visit has been orderedby a court of law

(31) An animal control officer or humane society officer Forthe purposes ofthis article the following terms have the followingmeanings

(A) Animal control officer means any person employed by acity county or city and county for the purpose of enforcing animalcontrol laws or regulations

(B) Humane society officer means any person appointed oremployed by a public or private entity as a humane officer who is

95

123456789

10111213141516171819202122232425262728293031323334353637383940

-5- AB 1435

qualified pursuant to Section 14502 or 14503 of the CorporationsCode

(32) A clergy member as specified in subdivision (d) of Section11166 As used in this article clergy member means a priestminister rabbi religious practitioner or similar functionary of achurch temple or recognized denomination or organization

(33) Any custodian of records of a clergy member as specifiedin this section and subdivision (d) of Section 11166

(34) Any employee of any police department county sheriffsdepartment county probation department or county welfaredepartment

(35) An employee or volunteer of a Court Appointed SpecialAdvocate program as defined in Rule 1424 ofthe California Rulesof Court

(36) A custodial officer as defined in Section 8315(37) Any person providing services to a minor child under

Section 12300 or 123001 of the Welfare and Institutions Code(38) An alcohol and drug counselor As used in this article an

alcohol and drug counselor is a person providing counselingtherapy or other clinical services for a state licensed or certifieddrug alcohol or drug and alcohol treatment program Howeveralcohol or drug abuse or both alcohol and drug abuse is not inand of itself a sufficient basis for reporting child abuse or neglect

(39) A clinical counselor trainee as defined in subdivision (g)of Section 499912 of the Business and Professions Code

(40) A clinical counselor intern registered under Section 499942of the Business and Professions Code

(41) An athletic coach athletic administrator or athletic directoremployed by a public or private organization including but notlimited to schools and instittttions of higher e6ueation thatprovidekindergarten or any of grades 1 to 12 inclusive

(b) Except as provided in paragraph (35) of subdivision (a)volunteers of public or private organizations whose duties requiredirect contact with and supervision of children are not mandatedreporters but are encouraged to obtain training in the identificationand reporting of child abuse and neglect and are further encouragedto report known or suspected instances of child abuse or neglectto an agency specified in Section 111659

(c) Employers are strongly encouraged to provide theiremployees who are mandated reporters with training in the duties

95

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101112131415161718192021222324252627282930313233343536373839

AB 1435 -6-

imposed by this article This training shall include training in childabuse and neglect identification and training in child abuse andneglect reporting Whether or not employers provide theiremployees with training in child abuse and neglect identificationand reporting the employers shall provide their employees whoare mandated reporters with the statement required pursuant tosubdivision (a) of Section 111665

(d) School districts that do not train their employees specifiedin subdivision (a) in the duties of mandated reporters under thechild abuse reporting laws shall report to the State Department ofEducation the reasons why this training is not provided

(e) Unless otherwise specifically provided the absence oftraining shall not excuse a mandated reporter from the dutiesimposed by this article

(f) Public and private organizations are encouraged to providetheir volunteers whose duties require direct contact with andsupervision of children with training in the identification andreporting of child abuse and neglect

(g) (1) On 6r befure Jttmtary 1 2014 ttll) pttblie 6r privflie6rganizttti6ftemp16ing ttft Mhletie e6tteh Mhletie ttdmimstrltt6r6r Mhletie direet6r ttSspeeified ift pMttgrttph (41) 6f sttbdivisi6ft(tt) shttll pr6 vide iftitittl trttining f6r th6se empl~ ees 6n thefull6vvingmtttters

(A) The identifiettti6n 6f ehild ttbttse ttnd negleet(D) Aeti vities thttt e6ftstitttte inltppr6prittte ttftd illegttl e6ntttet

betiveen tt 6tlth ltftd ltft ttthietie e6tteh Mhletie ttdmiftistrttt6r 6rttthietie direet6r

(6) The resp6nsibilities 6f tt pers6n identified lIStt mttndfliedrep6rter in this seeti6n ineIttding btl ft6t limited t6 ttll 6f thefull6 vving

(i) T6 ~h6m tt rep6rt is reqtlired t6 be mttde(ii) The inf6rmttti6n thttt is reqttired t6 be ifte1ttdedin tt rep6rt(iii) The time vvithiftvvhieha mandated rep6rter is reqttired t6

file tt rep6rt(2) Initittl training shall be pr6vided b perS6ftSkn6vvledgeltble

ift the identifiettti6n 6fehild aettse ttnd negleet inltppf6prittte ltftdillegal e6ntaet bem eena 6ttth and ltftadttIt ltftdstatttt6ry rep6rtingreqttiremeftts ltftdshttll e6nsist 6ftw6 h6ttrs 6felassr66m 6r 6therinteraetive trainiftg ltftdedttettti6n

95

-7- AB 1435

1 (h) Commeneing on fmd aftel Jfmtlftry12014 fmofgfmization2 speeified in sttbdivision (g) shaHpro ide initial training within six3 months of the date that fm individtutl beeomes empleryed as an4 Mhletie eoaeh athletie administrator or athletie direetor ttnless5 the indi idttal reeei ed training Hithin tw0 years prior to the date6 the indi idtlal is empleryed An Mhletie eoaeh athletie7 administrator or athletie direetor Hho has leeeied initial training8 ptlfStlafttto sttbdiision (g) shall eomplete eontifttling training9 thereafter onee eery two years eonsisting of one hottf of

10 elassroom or other interaeti e training fmd edtteation11 SEC 2 No reimbtlrsement is reqtlired by this aet pttfStlafttto12 Seetion 6 ofArtiele )GIlD of the California Constitution for eertain13 eosts that may be inetllTed by a loeal ageney or sehool distriet14 beeatlse ift that regard this aet ereates a nev erime or infraetion15 eliminates a erime or infraetion or ehfmges the penalty fOfa erime16 or inflaetion Hithin the meaning of Seetion 17556 of the17 Goemment Code or ehanges the definition ofa elime Hithin the18 meaning of Seetion 6 of Aniele XIII D of the Califomia19 Constitution20 IIo~eer if the Commission on State Mfmdates determines that21 this aet eontainsother eosts mfmdated by the state reimbttfsement22 to loeal ageneies fmd sehool distliets for those eosts shall be made23 ptlfStlafttto Part 7 (eommeneing Hith Seetion 17500) of Division24 4 of Title 2 of the Goemment Code25 SEC 2 No reimbursement is required by this act pursuant to26 Section 6 of Article XIII B of the California Constitution because27 the only costs that may be incurred by a local agency or school28 district will be incurred because this act creates a new crime or29 infraction eliminates a crime or infraction or changes thepenalty30 for a crime or infraction within the meaning of Section 17556 of31 the Government Code or changes the definition of a crime within32 the meaning of Section 6 of Article XIII B of the California33 Constitution

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95

AB 1904 Assembly Bill Status

MEASURE AUTHOR(S)TOPIC

HOUSE

CURRENT BILL STATUS

AB No 1904Block Butler and

Professions and vocationslicenses

LOCATION

Cookmilitary spouses temporary

TYPE OF BILL

SEN

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyAppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpub11-12billasmab _1901-1950ab _1904_ bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes Noes OOPASS17

An act to add Section 1155 to the Business andProfessions Code relating to professions and vocationsand making an appropriation therefor

-

AB 1588 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1588AUTHOR(S) Atkins (Principal coauthors Cook and Nielsen)

(Coauthors Block Beth Gaines Pan V Manuel PerezWilliams and Yamada)

TOPIC Professions and vocations reservist licensees fees andcontinuing education

HOUSE LOCATION SEN+LAST AMENDED DATE 03052012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS forLAST

LAST

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

TITLE An act to add Section 1143 to the Business andProfessions Code relating to professions and vocations

htlpllwwwleginfocagovpubll-12Ibillasmlab _1551-1600ab _1588 _bill_20120601_statu 652012

middot

AMENDED IN ASSEMBLY MARCH 5 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1588

Introduced by Assembly Member Atkins(Principal coauthors Assembly Members Cook and Nielsen)

(Coauthors Assembly Members Block Beth Gaines PanV Manuel Perez Williams and Yamada)

February 6 2012

An act to add Section 1143 to the Business and Professions Coderelating to professions and vocations

LEGISLATIVE COUNSELS DIGEST

AB 1588 as amended Atkins Professions and vocations reservistlicensees fees and continuing education

Existing law provides for the regulation of various professions andvocations by boards commissions or bureaus within the Departmentof Consumer Affairs and for the licensure or registration of individualsin that regard Existing law authorizes any licensee whose licenseexpired while he or she was on active duty as a member of the CaliforniaNational Guard or the United States Armed Forces to reinstate his orher license without examination or penalty if certain requirements aremet

This bill would require the boards commissions or bureaus describedabove to waive the renewal fees and continuing education requirementsif either is applicable of any licensee or registrant who is a reservistcalled to active duty as a member of the United States Military Reserveor the California National Guard if certain requirements are met

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

98

AB 1588 -2-

Thepeople of the State of Califomi a do enact asfollows

1 SECTION 1 Section 1143 is added to the Business and2 Professions Code to read3 1143 Notwithstanding any other provision oflaw everyboard4 commission or bureau within the department shall waive the5 renewal fees and continuing education requirements if either is6 applicable for any licensee or registrant who is a reservist called7 to active duty as a member of the United States Military Reserve8 or the California National Guard if all of the following9 requirements are met

10 (a) The licensee or registrant was in good standing with the11 board commission or bureau at the time the reservist was called12 to active duty13 (b) The renewal fees or continuing education requirements are14 waived only for the period during which the reservist is on active15 duty service16 (c) The active duty reservist or the active duty reservists spouse17 or registered domestic partner provides written notice satisfactory18 to the board commission or bureau that substantiates the19 reservists active duty service

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AB 1896 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1896AUTHOR(S) ChesbroTOPIC Tribal health programs health care practitionersHOUSE LOCATION SEN+LAST AMENDED DATE 03272012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATIONCOMM ACTION DATECOMM ACTIONCOMM VOTE SUMMARY

ASM

05172012Referred to Com on B P amp EDBUSINESS PROFESSIONS AND CONSUMER PROTECTION04102012

Do passAyes 09 Noes OOPASS

TITLE An act to amend the heading of Article 10 (commencingwith Section 710) of Chapter 1 of Division 2 of and toadd Section 719 to the Business and Professions Coderelating to healing arts

httpwwwleginfocagovpubI11-12lbillasmab_1851-1900ab_1896_bill_20120517 _statu 652012

-

AMENDED IN ASSEMBLY MARCH 27 2012

CALIFORNIA LEGISLATURE-20II-12 REGULAR SESSION

ASSEMBLY BILL No 1896

Introduced by Assembly Member Chesbro

February 222012

An act to amend the heading of Article 10 (commencing with Section710) of Chapter 1 of Division 2 of and to add Section 719 to theBusiness and Professions Code relating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1896 as amended Chesbro Tribal health programs health carepractitioners

Under existing federal law licensed health professionals employedby a tribal health program are required to be exempt if licensed in anystate from the licensing requirements of the state in which the tribalhealth program performs specified services A tribal health program isdefined as an Indian tribe or tribal organization that operates any healthprogram service function activity or facility funded in whole or partby the Indian Health Service

Existing law provides for the licensure and regulation of health carepractitioners by various healing arts boards within the Department ofConsumer Affairs

This bill would codify that federal requirement by specifying that aperson who is licensed as a health care practitioner in any other stateand is employed by a tribal health program is exempt from any statelicensing requirement with respect to acts authorized under thepersonslicense where the tribal health program performs specified services

Vote majority Appropriation no Fiscal committee noState-mandated local program no

98

AD 1896 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 The heading of Article 10 (commencing with2 Section 710) of Chapter 1 of Division 2 of the Business and3 Professions Code is amended to read456789

101112131415161718192021

Article 10 Federal Personnel and Tribal Health Programs

SEC 2 Section 719 is added to the Business and ProfessionsCode to read

719 (a) A person who is licensed as a health care practitionerin any other state and is employed by a tribal health program asdefined in Section 1603 of Title 25 of the United States Code shallbe exempt from any licensing requirement described in this divisionwith respect to acts authorized under the persons license wherethe tribal health program performs the services described in thecontract or compact of the tribal health program under the IndianSelf-Determination and Education Assistance Act (25 USC Sec450 et seq)

(b) For purposes of this section health care practitioner meansany person who engages in acts that are the subject of licensureor regulation under this division or Ml) initiative 8et referred to inthis division the law of any other state

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98

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1904

Introduced by Assembly Members Block Butler and Cook

February 222012

An act to add Section 1155 to the Business and Professions Coderelating to professions and vocations and making an appropriationtherefor

LEGISLATIVE COUNSELS DIGEST

AB 1904 as introduced Block Professions and vocations militaryspouses temporary licenses

Existing law provides for the licensure and regulation of variousprofessions and vocations by boards within the Department of ConsumerAffairs Existing law provides for the issuance of reciprocal licenses incertain fields where the applicant among other requirements has alicense to practice within that field in another jurisdiction as specifiedUnder existing law licensing fees imposed by certain boards withinthe department are deposited in funds that are continuously appropriated

This bill would authorize a board within the department to issue atemporary license to an applicant who among other requirements holdsan equivalent license in another jurisdiction as specified and is marriedto or in a legal union with an active duty member of the Armed Forcesofthe United States who is assigned to a duty station in California underofficial active duty military orders The bill would require a board toexpedite the process for issuing these temporary licenses The bill wouldrequire the applicant to pay any fees required by the board and wouldrequire that those fees be deposited in the fund used by the board toadminister its licensing program To the extent that the bill would

99

AB 1904 -2-

increase the amount of money deposited into a continuously appropriatedfund the bill would make an appropriation

Vote majority Appropriation yes Fiscal committee yesState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 1155 is added to the Business and2 Professions Code to read3 1155 (a) A board within the department may issue a4 temporary license to an applicant who meets all of the following5 requirements6 (l) Submits an application in the manner prescribed by the7 board8 (2) Supplies evidence satisfactory to the board that the applicant9 is married to or in a domestic partnership or other legal union

10 with an active duty member of the Armed Forces of the United11 States who is assigned to a duty station in this state under official12 active duty military orders13 (3) Holds a current license in another state district or territory14 of the United States with the requirements that the board determines15 are substantially equivalent to those established under this code16 for that occupation17 (4) Has not committed an act in anyjurisdiction that would have18 constituted grounds for denial suspension or revocation of the19 license under this code at the time the act was committed20 (5) Has not been disciplined by a licensing entity in another21 jurisdiction and is not the subject of an unresolved complaint22 review procedure or disciplinary proceeding conducted by a23 licensing entity in another jurisdiction24 (6) Pays any fees required by the board Those fees shall be25 deposited in the applicable fund or account used by the board to26 administer its licensing program27 (7) Submits fingerprints and any applicable fingerprinting fee28 in the manner required of an applicant for a regular license29 (b) A board shall expedite the procedure for issuing a temporary30 license pursuant to this section31 (c) A temporary license issued under this section shall be valid32 for 180 days except that the license may at the discretion of the

99

-3- AB 1904

I board be extended for an additional180-day period on application2 of the license holder3 (d) A board may adopt regulations necessary to administer this4 section

o

99

AB 1932 Assembly Bill Status

MEASURE AUTHOR(S)TOPICHOUSE+LAST

CURRENT BILL STATUS

AB No 1932Gorell (Coauthor Cook)

United States armed services healing arts boardsLOCATION SENAMENDED DATE 04172012

TYPE OF BILL

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpubI11-12Ibillasmab_1901-1950ab_1932_bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

An act to add Section 7102 to the Business andProfessions Code relating to healing arts

-

AMENDED IN ASSEMBLY APRIL 172012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1932

Introduced by Assembly Member-Ceek Gorell(Coauthor Assembly Member Cook)

February 222012

An act to add Section 7102 to the Business and Professions Coderelating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1932 as amended euroook Gorell United States armed serviceshealing arts boards

Existing law provides for the licensure and regulation of varioushealing arts professions and vocations by boards within the Departmentof Consumer Affairs Existing law requires the rules and regulations ofthese healing arts boards to provide for methods of evaluating educationtraining and experience obtained in military service if such training isapplicable to the requirements of the particular profession or vocationregulated by the board Under existing law the Department of VeteransAffairs has specified powers and duties relating to various programsserving veterans

This bill would require by January 12014 and annually thereafterevery healing arts board to issue a specified written report to theDepartment of Veterans Affairs and the Legislature as specified thatclearly details the methods of evaluating the education training andexperience obtained in military service and whether that educationtraining and experience is applicable to the boards requirements forlicensure The bill would declare the intent of the Legislature in thisregard

98

AB 1932 -2-

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 710 of the Business and Professions Code2 was enacted in 1969 and because healing arts boards have not3 demonstrated significant compliance with that section it is the4 intent of the Legislature to establish an annual reporting5 requirement to compel these boards to provide information about6 the methods of evaluating education training and experience7 obtained in military service in order to meet the needs of the8 upcoming wave of armed service members returning to civilian9 life

10 SEC 2 Section 7102 is added to the Business and Professions11 Code to read12 7102 (a) By January 12014 and annually thereafter every13 healing arts board described in this division shall issue a written14 report to the Department of Veterans Affairs and to the Legislature15 that clearly details the methods of evaluating the education16 training and experience obtained in military service and whether17 that education training and experience is applicable to the boards18 requirements for licensure This written report shall include but19 not be limited to quantitative information about the number of20 service members who have applied for and have used their military21 education training and experience to fulfill the boards22 requirements for licensure23 (b) (1) The requirement to submit a report to the Legislature24 under subdivision (a) shall be inoperative on January 1 201825 pursuant to Section 102315 of the Government Code26 (2) A report to the Legislature shall be submitted in compliance27 with Section 9795 of the Government Code

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Page 33: DISCUSSION ANDPOSSIBLE ACTION REGARDING PENDING … · 2012-06-14  · Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of2010 (PublicLaw 111-152)

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enfOieement agene)l ma) present to the CalifeJmia VietimCempensatien and Geemment Claims BeMd a elaim feJrreasenable atteme)s fees inetJifedin any aetien agffinstthat persenen the basis efmMcinga repert reqtlired er attth6rizedb)l this Mtieleif the eeM has dismissed the aetien t1pen a demtlffer el metienfur sttmillM)lj tldgment made b that persen el ifhe er she preailsin the aetien The Califumia Vietim Cempensatien andGeemment Claims Beard shall allew that ehtim if thereqtlirements ef this sttbdi isien Me met and the elaim shall bepaid fl6man fllprepriatien te be made fur that ptllpese Atteme) sfees aarded ptliStlMltto this seetien shall net exeeedan hetlilyrate greater than the late eharged b the Attemey General at thetime the aard is made and sh8llnet exeeedan aggregate amettllteffitty thetlsanBdellMs ($50000) This sttbdF isien shall net applyif a pttblie enti) has pmbullided fer the defense ef the aetien ptlistlantte Seetien 995 ef the Ge emment Cede

(6) This seetien shall beeeme eperatie en JMttlM)12013SEC 7 Section 15640 of the Welfare and Institutions Code

as amended by Section 9 of Chapter 140 of the Statutes of2005is amended to read

15640 (a) (1) An adult protective services agency shallimmediately or as soon as practically possible report by telephoneto the law enforcement agency having jurisdiction over the caseany known or suspected instance of criminal activity and to anypublic agency given responsibility for investigation in thatjurisdiction of cases of elder and dependent adult abuse everyknown or suspected instance of abuse pursuant to Section 15630or 156301 of an elder or dependent adult A county adult protectiveservices agency shall also send a written report thereof within twoworking days of receiving the information concerning the incidentto each agency to which it is required to make a telephone reportunder this subdivision Prior to making any cross-report ofallegations of financial abuse to law enforcement agencies anadult protective services agency shall first determine whether thereis reasonable suspicion of any criminal activity

(2) If an adult protective services agency receives a report ofabuse alleged to have occurred in a long-term care facility thatadult protective services agency shall immediately inform theperson making the report that he or she is required to make thereport to the long-term care ombudsman program or to a local law

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-19- AB518

enforcement agency The adult protective services agency shallnot accept the report by telephone but shall forward any writtenreport received to the long-term care ombudsman

(b) If an adult protective services agency or local lawenforcement agency or ombudsman program receiving a report ofknown or suspected elder or dependent adult abuse determinespursuant to its investigation that the abuse is being committed bya health practitioner licensed under Division 2 (commencing withSection 500) of the Business and Professions Code or any relatedinitiative act or by a person purporting to be a licensee the adultprotective services agency or local law enforcement agency orombudsman program shall immediately or as soon as practicallypossible report this information to the appropriate licensingagency The licensing agency shall investigate the report in lightof the potential for physical harm The transmittal of informationto the appropriate licensing agency shall not relieve the adultprotective services agency or local law enforcement agency orombudsman program of the responsibility to continue its owninvestigation as required under applicable provisions of law Theinformation reported pursuant to this paragraph shall remainconfidential and shall not be disclosed

(c) A local law enforcement agency shall immediately or assoon as practically possible report by telephone to the long-termcare ombudsman program when the abuse is alleged to haveoccurred in a long-term care facility or to the county adultprotective services agency when it is alleged to have occurredanywhere else and to the agency given responsibility for theinvestigation of cases of elder and dependent adult abuse everyknown or suspected instance of abuse of an elder or dependentadult A local law enforcement agency shall also send a writtenreport thereof within two working days of receiving the informationconcerning the incident to any agency to which it is required tomake a telephone report under this subdivision

(d) A long-term care ombudsman coordinator may report theinstance of abuse to the county adult protective services agencyor to the local law enforcement agency for assistance in theinvestigation of the abuse if the victim gives his or her consent Along-term care ombudsman program and the Licensing andCertification Division ofthe State Department ofIIealth SeI ieesPublic Health shall immediately report by telephone and in writing

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AB518 -20-

1 within two working days to the bureau any instance of neglect2 occurring in a health care facility that has seriously harmed any3 patient or reasonably appears to present a serious threat to the4 health or physical well-being of a patient in that facility If a victim5 or potential victim of the neglect withholds consent to being6 identified in that report the report shall contain circumstantial7 information about the neglect but shall not identify that victim or8 potential victim and the bureau and the reporting agency shall9 maintain the confidentiality of the report until the report becomes

lOa matter of public record11 (e) When a county adult protective services agency a long-term12 care ombudsman program or a local law enforcement agency13 receives a report of abuse neglect or abandonment of an elder or14 dependent adult alleged to have occurred in a long-term care15 facility that county adult protective services agency long-term16 care ombudsman coordinator or local law enforcement agency17 shall report the incident to the licensing agency by telephone as18 soon as possible19 (f) County adult protective services agencies long-term care20 ombudsman programs and local law enforcement agencies shall21 report the results of their investigations of referrals or reports of22 abuse to the respective referring or reporting agencies23 Eg) This seeti6n shall remain in dIcet 6ny tlfttilJ~ 1201324 and as 6f that date is repealed unless a later enaeted stMttte that25 is enaeted bef6re Janttary 12013 deletes 6r extends that date26 SEC 8 Section 15640 of the Welfare and Institutions Code27 as added by Section 10 of Chapter 140 of the Statutes of 2005 is28 repealed 29 15640 Ea) E1) An adult pr6teeti e sen iees ageney shall30 immediate) 6r as S66nas praetieal) p6ssible rep6rt 0 te1eph6ne31 t6 the la~ enf6reement ageney haing jttrisdieti6n 6er the ease32 an kntMfl6r suspeeted instanee 6f eriminal aeth it) and t6 any33 pttblie agene gien resp6nsibilit) f6r illestigMi6n in that34 jurisdieti6n 6f eases 6f elder and dependent adttlt abuse eery35 kfl6n6r suspeeted instanee 6f aetlse purstlant t6 Seeti6n 1563036 6f an elder 6r dependent adttlt A e6t11ltyadttlt pr6teeti e sen iees37 ageney shall als6 send a TV ritten rep6rt there6f Vv ithin ti 6 V 6rking38 days 6f reeeiving the inwrmati6n e6neeming the ineident t6 eaeh39 ageney t6 vv hieh it is reqtlired t6 make a teleph6ne Iep6rt tlftder40 this subdiisi6n Pri6r t6 making an er6SSIep6rt 6f allegati6ns

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-21- AB518

offilumeial abttse to lavvenforeemertt a-geneiesMladult proteetFesen iees agene) shaH first determine whether there is reasonablesuspieion of tmJ eriminM aeti vit

(2) If an adult proteeti ve sen iees agene) reeei ves a report ofabttse alleged to ha ve oeettlTed in a long teml eare faeilit) thatadttlt proteeti ve sen iees ageney shall immediate) infoml theperson making the report that he or she is required to make thereport to the long term eare ombttdsman program 01 to aloeallawenforeemertt a-geneyThe adttlt proteeti ve sen iees agene) shallnot aeeept the report b) telephone btlt shall fonvMd flit) vvTittenreport leeehed to the long teml eare ornbtldsman

(b) If an adtllt proteetive seniees ageney or loeal lawenforeement agene) or ornbtldsman program reeei vinga report ofkftovm or stlspeeted elder or dependent adttlt MtlSe determinespttrstlartt to its inYestigationthat the flbttseis being eommitted bya health 11aetitioner lieensed tlftder Division 2 (eonJffieneingwithSeetion 500) of the Btlsiness flftdProfessions Code or flit) lelatedinitiatiye aet or by a person ptlrporting to be a lieensee the adtlltproteetive seniees a-gene) or loeallaw enforeement agene) orombttdsman program shall immediate) or as soon as praetieall)possible report this mformation to the appropriate lieensingagene) The lieensing agene) shall investigate the report in lightof the poterttial fur ph) sieal hamlThe trMlsmittfllof informationto the appropriate lieensing agene) shall not relieve the adtlltproteethe serviees agene) or loeallaw enforeement agene) orornbtldsmflft program of the responsibility to eorttinue its 0~vninvestigation as reqttired tlftder applieable provisions of law Theinformation reported pttrstlant to this paragraph shall remaineoniiderttial flItdshfl11not be diselosed

(e) A loealla bullbull enforeement agefte) shall immediate) or assoon as praetieal) possible report b) telephone to the long termeare ombtldsman program bullbullhen the abtlse is alleged to haveoeetllTed in a long term eare faeilit) or to the eotlnt) adttltproteetive seniees agene) bullbullhen it is alleged to have oeeUlfedan) vvhere else flftd to the agene) gh en responsibilit) for theinvestigation of eases of elder and dependent adttlt abtlse everykftovm or stlspeeted instflftee of MtlSe of an elder or dependerttadttlt A loeallaw enforeement ageney shall also send a Ylfittenreport thereof bullbullithin ftv0 vvorking dfl)s ofreeei ving the infomlation

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eoneeming the ineident to an agenC) to vvhieh it is reqtlired toftutke a telephone report tlIlderthis stlbdh ision

Ed) A long tenn eare ombttdsman eoordinator mll) report theinstlllleeof abtlse to the eot1llryadttlt proteetive seniees ageneyor to the loeal la bullbull enforeement agenC) for assistlllleein theinvestigationof the abttse if the vietim gives his or her eonsent Along tenn eMe ombtldsmllllprogram llIldthe Lieensing llIldCertifieation Division of the State DepMtment ofIIealth Senieesshall immediately report b telephone llIldin vvriting vvithin hiv0tv orkingdll) s to the bm eatl an instlllleeof negleet oeet1ffingin ahealth eare faeiliry that has seriotlsl hMmed an patient orreasonably appeMs to present a seriotls threat to the health orph sieal vvell being of a patient in that ffteiliry If a J ietim orpotential TV ietim of the neglect vithholds eonsent to being identifiedin that report the report shall eontain eirettmstlllltialinformationabom the negleet bm shall not identif) that vietim or potentialvietim and the bttreatl llIldthe reporting agenC) shall maintain theeoniidentialiry of the report tlntil the report beeomes a matter ofptlblie reeord

Ee) hen a eotlllryadttlt proteeti ve sen iees agenC) a long termeare ombtldsman program or a loeal la enforeement ageneyreeeives a report ofabttse negleet or ablllldonmentofllllelder ordependent adttlt alleged to have oeet1ffedin a long term earefaeiliry that eotlnty adtllt proteeti ve sen iees agenC) long termeare ombtldsmlllleoordinator or loeallavv enforeement ageneyshall report the ineident to the lieensing agene b telephone assoon as possible

ED COtl1lt)adtllt proteetive seniees ageneies long term eareombttdsman programs and 10ea1lavvenforeement ageneies shallreport the restllts of their investigations of referrals or reports ofabtlse to the respeetive referring or reporting ageneies

Eg) This seetion shall beeome operative on JllIlt1flry12013SEC 9 Section 156555 of the Welfare and Institutions Code

as amended by Section 11 of Chapter 140 of the Statutes of 2005is amended to read

156555 A county adult protective services agency shallprovide the organizations listed in paragraphs (v) (w) and (x) ofSection 1561017 and mandated reporters of suspected financialabuse of an elder or dependent adult pursuant to Section 156301with instructional materials regarding abuse and neglect of an elder

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1 or dependent adult and their obligation to report under this chapter2 At a minimum the instructional materials shall include the3 following4 (a) An explanation of abuse and neglect of an elder or dependent

adult as defined in this chapter6 (b) Information on how to recognize potential abuse and neglect7 of an elder or dependent adult8 (c) Information on how the county adult protective services9 agency investigates reports of known or suspected abuse and

neglect11 (d) Instructions on how to report known or suspected incidents12 of abuse and neglect including the appropriate telephone numbers13 to call and what types of information would assist the county adult14 protective services agency with its investigation of the report

(e) This seetion shall remain in eifcet only tlfttil Jflfttlttry 1 201316 and as of that date is repealed tmless a later enaeted stattlte that17 is enaeted before Jafttlttry 12013 deletes or extends that date18 SEC 10 Section 156555 of the Welfareand Institutions Code19 as amended by Section 712 of Chapter 538 of the Statutes of2006

is repealed21 156555 A eottftt) achtlt proteetive serviees agene) shall22 pmvide the organi2ations listed in paragraphs (v) (vv) and Ex) of23 Seetion 1561017 with instItletional materials regarding elder and24 dependent achtlt abtlse and negleet and their obligation to report

under this ehapter At a minimum the instruetional materials shall26 inelude the follovving27 (a) An explanation of elder and dependent achtlt abuse and28 negleet as defined in this ehapter29 (b) Information on how to reeogni2e potential elder and

dependent achtlt abuse and negleet31 (e) Information on ho vIthe eottftt) achtlt proteeti ve serv iees32 agene) investigates reports of knovm or suspeeted abuse and33 negleet34 (d) Instmetions on hovv to report ]movvn or suspeeted ineidents

of abuse and negleet ineltlding the appropriate telephone llt11llbers36 to eall and what rypes of information vvould assist the eount) adult37 proteetirv e sen iees agene) with its in (estigation of the report38 (e) This seetion shall beeome operati e on January I 20 13

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AB 608 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 608Pan

Health care coverage telemedicine

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to health care

httpwww1eginfocagovpubII-12Ibillasmab_0601-0650ab _608_ bill_ 20120201_status 652012

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AB 783 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 783AUTHOR(S) HayashiTOPIC Professional corporations licensed physical therapists

and occupational therapists+LAST AMENDED DATE 04072011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

COMMCOMMCOMM

HIST ACT DATEHIST ACTION

From committeeRule 62(a)

LOCATION SENACTION DATEACTION

06282011In committee Set second hearing Failed passagewithout further action pursuant to Joint

LASTLAST

BUSINESS PROFESSIONS AND ECONOMIC DEVELOPMENT06272011

Set second hearing Failed passage in Committee

TITLE An act to amend Section 2406 of the Business andProfessions Code and to amend Section 134015 of theCorporations Code relating to professional corporations

httpwwwleginfocagovpub11-12billasmab_0751-0800ab_783_bill_20111115_status 652012

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AMENDED IN ASSEMBLY APRIL 7 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 783

Introduced by Assembly Member Hayashi

February 172011

An act to amend Section 2406 of the Business and Professions Codeand to amend Section 134015 of the Corporations Code relating toprofcssiemal eorporations and deelaring the mgeney thereof to tttkeeffeet immediatelyprofessional corporations

LEGISLATIVE COUNSELS DIGEST

AB 783 as amended Hayashi Professional corporations licensedphysical therapists and occupational therapists

Existing law regulating professional corporations provides that certainhealing arts practitioners may be shareholders officers directors orprofessional employees of a medical corporation-er-a podiatric medicalcorporation or a chiropractic corporation subject to certain limitations

This bill would add licensed physical therapists and licensedoccupational therapists to the list of healing arts practitioners who maybe shareholders officers directors or professional employees of thosecorporations The bill would also make conforming changes to a relatedprovision

This bill vv otlld deelare that it is to take etteet immediately as anmgeney statttte

Vote -majority Appropriation no Fiscal committee noState-mandated local program no

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Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 2406 of the Business and Professions2 Code is amended to read3 2406 A medical corporation or podiatry corporation is a4 corporation that is authorized to render professional services as

defined in Sections 13401 and 134015 ofthe Corporations Code6 so long as that corporation and its shareholders officers directors7 and employees rendering professional services who are physicians8 and surgeons psychologists registered nurses optometrists9 podiatrists chiropractors acupuncturists naturopathic doctors

physical therapists or in the case of a medical corporation only11 physician assistants marriage and family therapists or clinical12 social workers are in compliance with the Moscone-Knox13 Professional Corporation Act the provisions of this article and all14 other statutes and regulations now or hereafter enacted or adopted

pertaining to the corporation and the conduct of its affairs16 With respect to a medical corporation or podiatry corporation17 the governmental agency referred to in the Moscone-Knox18 Professional Corporation Act is the board19 SEC 2 Section 134015 of the Corporations Code is amended

to read21 134015 Notwithstanding subdivision (d) of Section 1340122 and any other provision of law the following licensed persons23 may be shareholders officers directors or professional employees24 of the professional corporations designated in this section so long

as the sum of all shares owned by those licensed persons does not26 exceed 49 percent ofthe total number of shares of the professional27 corporation so designated herein and so long as the number of28 those licensed persons owning shares in the professional29 corporation so designated herein does not exceed the number of

persons licensed by the governmental agency regulating the31 designated professional corporation32 (a) Medical corporation33 (1) Licensed doctors of podiatric medicine34 (2) Licensed psychologists

(3) Registered nurses36 (4) Licensed optometrists37 (5) Licensed marriage and family therapists38 (6) Licensed clinical social workers

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-3-

(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists(10) Naturopathic doctors(11) Licensed physical therapists(12)Licensed occupational therapists(b) Podiatric medical corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed optometrists(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(8) Licensed physical therapists(9) Licensed occupational therapists(c) Psychological corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Registered nurses(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed chiropractors(8) Licensed acupuncturists(9) Naturopathic doctors(d) Speech-language pathology corporation(1) Licensed audiologists(e) Audiology corporation(1) Licensed speech-language pathologists(t) Nursing corporation(l) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists

AB783

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AB783 -4-

(10) Naturopathic doctors(g) Marriage and family therapy corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed clinical social workers(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(h) Licensed clinical social worker corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed marriage and family therapists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(i) Physician assistants corporation(1) Licensed physicians and surgeons(2) Registered nurses(3) Licensed acupuncturists(4) Naturopathic doctorsG) Optometric corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(k) Chiropractic corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed acupuncturists(9) Naturopathic doctors

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-5- AB783

(10) Licensed physical therapists(11) Licensed occupational therapists(l) Acupuncture corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed physician assistants(9) Licensed chiropractors(10) Naturopathic doctors(m) Naturopathic doctor corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed physician assistants(5) Licensed chiropractors(6) Licensed acupuncturists(7) Licensed physical therapists(8) Licensed doctors of podiatric medicine(9) Licensed marriage family and child counselors(10) Licensed clinical social workers(11) Licensed optometrists(n) Dental corporation(1) Licensed physicians and surgeons(2) Dental assistants(3) Registered dental assistants(4) Registered dental assistants in extended functions(5) Registered dental hygienists(6) Registered dental hygienists in extended functions(7) Registered dental hygienists in alternative practiceSEC 3 This aet is Ml ttrgene statttte neeessary for the

immediatepresenation of the ptlblie peaee hettlihor saferyvvithinthe meMling of Miele IV of the Constittttion Mld shaHgo intoimmediate effeet The fftets eonstitttting the neeessiry Me

In order to 8t1thorizelieensed physieal therapists to beshareholders offieers mreetors or professional employees of

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AD7S3 -6-

1 memeal eorpofatiofts andpodiatrie medieal eorpofatiofts as soOft2 as possible it is fteeessary that this aet tftke dIeet immediately

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AB 800 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 800Huber

Boards and commissions time reporting

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to add Section 1156410 to the Government Coderelating to boards and commissions

httpwwwleginfocagovpubI11-12billasmlab_0751-0800ab _800_ bill_20120201_status 652012

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AB 958 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 958Bill Berryhill

Regulatory boards limitations periods

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to Art IV Sec 10(e) of theFrom committee Filed with the Chiefto Joint Rule 56BUSINESS PROFESSIONS AND CONSUMER PROTECTION

TITLE An act to add Section 1105 to and to repeal Sections16702 22305 296005 3137 375051 498205499032 5561 5661 76865 988420 and 98898 of theBusiness and Professions Code relating to regulatoryboards

httpwwwleginfocagovpub11-12lbillasmlab_0951-1 OOOab_958 _bill_ 20120202_ status 652012

AB 1003 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 1003Smyth

Professional and vocational licenses

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to professional and vocational licenses

httpwwwleginfocagovpubll-12Ibillasmlab_l00l-l 050ab_1003 _bill_2012020 I_statu 652012

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AB 1205 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1205AUTHOR(S) Bill BerryhillTOPIC Licensed behavior analysts+LAST AMENDED DATE 04042011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to amend Section 499018 of and to add Chapter52 (commencing with Section 252971) to Division 2 ofthe Business and Professions Code relating to healingarts

httpwwwleginfocagovpub11-12billasmab _120 1-1250ab_1205 _bill_20 120201_statu 652012

AB 1435 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1435AUTHOR(S) Dickinson (Coauthors Alejo Buchanan and Hill) TOPIC Child abuse reporting athletic personnelHOUSE LOCATION SEN+LAST AMENDED DATE OS252012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredState-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS for

LASTLAST

APPROPRIATIONSOS252012

Do pass as amendedAyes 17 Noes OOPASS

TITLE An act to amend Section 111657 of the Penal Coderelating to child abuse reporting

httpwww1eginfocagovpub11-12lbiIVasmab_140 1-1450ab _1435 _bill~0120601_statu 652012

AMENDED IN ASSEMBLY MAY 25 2012

AMENDED IN ASSEMBLY MARCH 21 2012

AMENDED IN ASSEMBLY MARCH 142012

AMENDED IN ASSEMBLY FEBRUARY 29 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1435

Introduced by Assembly Member Dickinson(Coauthors Assembly Members Alejo Buchanan and Hill)

January 4 2012

An act to amend Section 111657 of the Penal Code relating to childabuse reporting

LEGISLATIVE COUNSELS DIGEST

AB 1435 as amended Dickinson Child abuse reporting athleticpersonnel

Existing law the Child Abuse and Neglect Reporting Act requiresa mandated reporter as defined to report whenever he or she in his orher professional capacity or within the scope of his or her employmenthas knowledge of or observed a child whom the mandated reporterknows or reasonably suspects has been the victim of child abuse orneglect Failure to report an incident is a crime punishable byimprisonment in a county jail for a period of up to 6 months a fine ofup to $1000 or by both that imprisonment and fine

This bill would add athletic coaches athletic administrators andathletic directors employed by a public or private organization to thelist of individuals who are mandated reporters The bill otlld reqtlirean ptlblie or pri v ate orgflftizationernplo ing flftathletieeoaen Mhletie

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AB 1435 -2-

ftdministrator or Mhletie direetor to hftve provided initiftl trftining byJflfttlM) I 2014 on speeified mfttters relMing to ehiM a-bttse ftftdnegleetfor those employees On ftftd ftfter lftnuftry 12014 the bill vvottld reeJtlireinitiftl trftining to be pro vided IV ithin 6 months of the dMe ftn indi vidttftlbeeomes employed in thM eftlfteiry The bill vvouM require theseindividuftls to eomplete eontifttling tminmg every 2 yeMs

By imposing the reporting requirements on a new class of personsfor whom failure to report specified conduct is a crime ftftdby imposingne~ trftining reeJtlirements on publie oIgftfiiZMions ineluding loeftlgOvernment entities this bill would impose a state-mandated localprogram

The Cftlifomift Constittltion reqtlires the stMe to reimbtlfse loeftlftgeneies ftnd sehool distriets for eertftin eosts mftftdMed by the stftteStftttltory pItYvisions esffiblish proeedtlfes for mftkffigthftt reimbtlfsement

This bill hould pro vide thM 4vith regMd to eertftin mftftdfttes noIeimbtlfsement is reeJtlired by this ftet for ft speeified reftson

Vith regftM to ftny other mftndMeS this bill vv0tlM pro vide thM if theCommission on StMe ~bndtltes determines thM the bill eontftins eostsso mftndftted by the stftte reimbttIsement for those eosts shftll be mftdeptlfStlftnt to the stftttltory pro visions noted ttbo ve

The California Constitution requires the state to reimburse localagencies and school districts for certain costs mandated by the stateStatutory provisions establish procedures for making thatreimbursement

This bill would provide that no reimbursement is required by this actfor a specified reason

Vote majority Appropriation no Fiscal committee yesState-mandated local program yes

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 111657 of the Penal Code is amended2 to read3 111657 (a) As used in this article mandated reporter is4 defined as any of the following5 (1) A teacher6 (2) An instructional aide7 (3) A teachers aide or teachers assistant employed by any8 public or private schooL9 (4) A classified employee of any public schooL

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-3- AB 1435

1 (5) An administrative officer or supervisor of child welfare and2 attendance or a certificated pupil personnel employee of any public3 or private school4 (6) An administrator of a public or private day camp

(7) An administrator or employee of a public or private youth6 center youth recreation program or youth organization7 (8) An administrator or employee of a public or private8 organization whose duties require direct contact and supervision9 of children

(9) Any employee of a county office of education or the State11 Department of Education whose duties bring the employee into12 contact with children on a regular basis13 (10) A licensee an administrator or an employee of a licensed14 community care or child day care facility

(11) A Head Start program teacher16 (12) A licensing worker or licensing evaluator employed by a17 licensing agency as defined in Section 111651118 (13) A public assistance worker19 (14) An employee of a child care institution including but not

limited to foster parents group home personnel and personnel of21 residential care facilities22 (15) A social worker probation officer or parole officer23 (16) An employee of a school district police or security24 department

(17) Any person who is an administrator or presenter of or a26 counselor in a child abuse prevention program in any public or27 private school28 (18) A district attorney investigator inspector or local child29 support agency caseworker unless the investigator inspector or

caseworker is working with an attorney appointed pursuant to31 Section 317 of the Welfare and Institutions Code to represent a32 mmor33 (19) A peace officer as defined in Chapter 45 (commencing34 with Section 830) of Title 3 of Part 2 who is not otherwise

described in this section36 (20) A firefighter except for volunteer firefighters37 (21) A physician and surgeon psychiatrist psychologist dentist38 resident intern podiatrist chiropractor licensed nurse dental39 hygienist optometrist marriage and family therapist clinical social

worker professional clinical counselor or any other person who

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AB 1435 -4-

is currently licensed under Division 2 (commencing with Section500) of the Business and Professions Code

(22) Any emergency medical technician I or II paramedic orother person certified pursuant to Division 25 (commencing withSection 1797) of the Health and Safety Code

(23) A psychological assistant registered pursuant to Section2913 of the Business and Professions Code

(24) A marriage and family therapist trainee as defined insubdivision (c) of Section 498003 of the Business and ProfessionsCode

(25) An unlicensed marriage and family therapist internregistered under Section 498044 of the Business and ProfessionsCode

(26) A state or county public health employee who treats a minorfor venereal disease or any other condition

(27) A coroner(28) A medical examiner or any other person who performs

autopsies(29) A commercial film and photographic print processor as

specified in subdivision (e) of Section 11166 As used in thisarticle commercial film and photographic print processor meansany person who develops exposed photographic film into negativesslides or prints or who makes prints from negatives or slides forcompensation The term includes any employee of such a personit does not include a person who develops film or makes prints fora public agency

(30) A child visitation monitor As used in this article childvisitation monitor means any person who for financialcompensation acts as monitor of a visit between a child and anyother person when the monitoring of that visit has been orderedby a court of law

(31) An animal control officer or humane society officer Forthe purposes ofthis article the following terms have the followingmeanings

(A) Animal control officer means any person employed by acity county or city and county for the purpose of enforcing animalcontrol laws or regulations

(B) Humane society officer means any person appointed oremployed by a public or private entity as a humane officer who is

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-5- AB 1435

qualified pursuant to Section 14502 or 14503 of the CorporationsCode

(32) A clergy member as specified in subdivision (d) of Section11166 As used in this article clergy member means a priestminister rabbi religious practitioner or similar functionary of achurch temple or recognized denomination or organization

(33) Any custodian of records of a clergy member as specifiedin this section and subdivision (d) of Section 11166

(34) Any employee of any police department county sheriffsdepartment county probation department or county welfaredepartment

(35) An employee or volunteer of a Court Appointed SpecialAdvocate program as defined in Rule 1424 ofthe California Rulesof Court

(36) A custodial officer as defined in Section 8315(37) Any person providing services to a minor child under

Section 12300 or 123001 of the Welfare and Institutions Code(38) An alcohol and drug counselor As used in this article an

alcohol and drug counselor is a person providing counselingtherapy or other clinical services for a state licensed or certifieddrug alcohol or drug and alcohol treatment program Howeveralcohol or drug abuse or both alcohol and drug abuse is not inand of itself a sufficient basis for reporting child abuse or neglect

(39) A clinical counselor trainee as defined in subdivision (g)of Section 499912 of the Business and Professions Code

(40) A clinical counselor intern registered under Section 499942of the Business and Professions Code

(41) An athletic coach athletic administrator or athletic directoremployed by a public or private organization including but notlimited to schools and instittttions of higher e6ueation thatprovidekindergarten or any of grades 1 to 12 inclusive

(b) Except as provided in paragraph (35) of subdivision (a)volunteers of public or private organizations whose duties requiredirect contact with and supervision of children are not mandatedreporters but are encouraged to obtain training in the identificationand reporting of child abuse and neglect and are further encouragedto report known or suspected instances of child abuse or neglectto an agency specified in Section 111659

(c) Employers are strongly encouraged to provide theiremployees who are mandated reporters with training in the duties

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AB 1435 -6-

imposed by this article This training shall include training in childabuse and neglect identification and training in child abuse andneglect reporting Whether or not employers provide theiremployees with training in child abuse and neglect identificationand reporting the employers shall provide their employees whoare mandated reporters with the statement required pursuant tosubdivision (a) of Section 111665

(d) School districts that do not train their employees specifiedin subdivision (a) in the duties of mandated reporters under thechild abuse reporting laws shall report to the State Department ofEducation the reasons why this training is not provided

(e) Unless otherwise specifically provided the absence oftraining shall not excuse a mandated reporter from the dutiesimposed by this article

(f) Public and private organizations are encouraged to providetheir volunteers whose duties require direct contact with andsupervision of children with training in the identification andreporting of child abuse and neglect

(g) (1) On 6r befure Jttmtary 1 2014 ttll) pttblie 6r privflie6rganizttti6ftemp16ing ttft Mhletie e6tteh Mhletie ttdmimstrltt6r6r Mhletie direet6r ttSspeeified ift pMttgrttph (41) 6f sttbdivisi6ft(tt) shttll pr6 vide iftitittl trttining f6r th6se empl~ ees 6n thefull6vvingmtttters

(A) The identifiettti6n 6f ehild ttbttse ttnd negleet(D) Aeti vities thttt e6ftstitttte inltppr6prittte ttftd illegttl e6ntttet

betiveen tt 6tlth ltftd ltft ttthietie e6tteh Mhletie ttdmiftistrttt6r 6rttthietie direet6r

(6) The resp6nsibilities 6f tt pers6n identified lIStt mttndfliedrep6rter in this seeti6n ineIttding btl ft6t limited t6 ttll 6f thefull6 vving

(i) T6 ~h6m tt rep6rt is reqtlired t6 be mttde(ii) The inf6rmttti6n thttt is reqttired t6 be ifte1ttdedin tt rep6rt(iii) The time vvithiftvvhieha mandated rep6rter is reqttired t6

file tt rep6rt(2) Initittl training shall be pr6vided b perS6ftSkn6vvledgeltble

ift the identifiettti6n 6fehild aettse ttnd negleet inltppf6prittte ltftdillegal e6ntaet bem eena 6ttth and ltftadttIt ltftdstatttt6ry rep6rtingreqttiremeftts ltftdshttll e6nsist 6ftw6 h6ttrs 6felassr66m 6r 6therinteraetive trainiftg ltftdedttettti6n

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1 (h) Commeneing on fmd aftel Jfmtlftry12014 fmofgfmization2 speeified in sttbdivision (g) shaHpro ide initial training within six3 months of the date that fm individtutl beeomes empleryed as an4 Mhletie eoaeh athletie administrator or athletie direetor ttnless5 the indi idttal reeei ed training Hithin tw0 years prior to the date6 the indi idtlal is empleryed An Mhletie eoaeh athletie7 administrator or athletie direetor Hho has leeeied initial training8 ptlfStlafttto sttbdiision (g) shall eomplete eontifttling training9 thereafter onee eery two years eonsisting of one hottf of

10 elassroom or other interaeti e training fmd edtteation11 SEC 2 No reimbtlrsement is reqtlired by this aet pttfStlafttto12 Seetion 6 ofArtiele )GIlD of the California Constitution for eertain13 eosts that may be inetllTed by a loeal ageney or sehool distriet14 beeatlse ift that regard this aet ereates a nev erime or infraetion15 eliminates a erime or infraetion or ehfmges the penalty fOfa erime16 or inflaetion Hithin the meaning of Seetion 17556 of the17 Goemment Code or ehanges the definition ofa elime Hithin the18 meaning of Seetion 6 of Aniele XIII D of the Califomia19 Constitution20 IIo~eer if the Commission on State Mfmdates determines that21 this aet eontainsother eosts mfmdated by the state reimbttfsement22 to loeal ageneies fmd sehool distliets for those eosts shall be made23 ptlfStlafttto Part 7 (eommeneing Hith Seetion 17500) of Division24 4 of Title 2 of the Goemment Code25 SEC 2 No reimbursement is required by this act pursuant to26 Section 6 of Article XIII B of the California Constitution because27 the only costs that may be incurred by a local agency or school28 district will be incurred because this act creates a new crime or29 infraction eliminates a crime or infraction or changes thepenalty30 for a crime or infraction within the meaning of Section 17556 of31 the Government Code or changes the definition of a crime within32 the meaning of Section 6 of Article XIII B of the California33 Constitution

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AB 1904 Assembly Bill Status

MEASURE AUTHOR(S)TOPIC

HOUSE

CURRENT BILL STATUS

AB No 1904Block Butler and

Professions and vocationslicenses

LOCATION

Cookmilitary spouses temporary

TYPE OF BILL

SEN

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyAppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpub11-12billasmab _1901-1950ab _1904_ bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes Noes OOPASS17

An act to add Section 1155 to the Business andProfessions Code relating to professions and vocationsand making an appropriation therefor

-

AB 1588 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1588AUTHOR(S) Atkins (Principal coauthors Cook and Nielsen)

(Coauthors Block Beth Gaines Pan V Manuel PerezWilliams and Yamada)

TOPIC Professions and vocations reservist licensees fees andcontinuing education

HOUSE LOCATION SEN+LAST AMENDED DATE 03052012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS forLAST

LAST

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

TITLE An act to add Section 1143 to the Business andProfessions Code relating to professions and vocations

htlpllwwwleginfocagovpubll-12Ibillasmlab _1551-1600ab _1588 _bill_20120601_statu 652012

middot

AMENDED IN ASSEMBLY MARCH 5 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1588

Introduced by Assembly Member Atkins(Principal coauthors Assembly Members Cook and Nielsen)

(Coauthors Assembly Members Block Beth Gaines PanV Manuel Perez Williams and Yamada)

February 6 2012

An act to add Section 1143 to the Business and Professions Coderelating to professions and vocations

LEGISLATIVE COUNSELS DIGEST

AB 1588 as amended Atkins Professions and vocations reservistlicensees fees and continuing education

Existing law provides for the regulation of various professions andvocations by boards commissions or bureaus within the Departmentof Consumer Affairs and for the licensure or registration of individualsin that regard Existing law authorizes any licensee whose licenseexpired while he or she was on active duty as a member of the CaliforniaNational Guard or the United States Armed Forces to reinstate his orher license without examination or penalty if certain requirements aremet

This bill would require the boards commissions or bureaus describedabove to waive the renewal fees and continuing education requirementsif either is applicable of any licensee or registrant who is a reservistcalled to active duty as a member of the United States Military Reserveor the California National Guard if certain requirements are met

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

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AB 1588 -2-

Thepeople of the State of Califomi a do enact asfollows

1 SECTION 1 Section 1143 is added to the Business and2 Professions Code to read3 1143 Notwithstanding any other provision oflaw everyboard4 commission or bureau within the department shall waive the5 renewal fees and continuing education requirements if either is6 applicable for any licensee or registrant who is a reservist called7 to active duty as a member of the United States Military Reserve8 or the California National Guard if all of the following9 requirements are met

10 (a) The licensee or registrant was in good standing with the11 board commission or bureau at the time the reservist was called12 to active duty13 (b) The renewal fees or continuing education requirements are14 waived only for the period during which the reservist is on active15 duty service16 (c) The active duty reservist or the active duty reservists spouse17 or registered domestic partner provides written notice satisfactory18 to the board commission or bureau that substantiates the19 reservists active duty service

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AB 1896 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1896AUTHOR(S) ChesbroTOPIC Tribal health programs health care practitionersHOUSE LOCATION SEN+LAST AMENDED DATE 03272012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATIONCOMM ACTION DATECOMM ACTIONCOMM VOTE SUMMARY

ASM

05172012Referred to Com on B P amp EDBUSINESS PROFESSIONS AND CONSUMER PROTECTION04102012

Do passAyes 09 Noes OOPASS

TITLE An act to amend the heading of Article 10 (commencingwith Section 710) of Chapter 1 of Division 2 of and toadd Section 719 to the Business and Professions Coderelating to healing arts

httpwwwleginfocagovpubI11-12lbillasmab_1851-1900ab_1896_bill_20120517 _statu 652012

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AMENDED IN ASSEMBLY MARCH 27 2012

CALIFORNIA LEGISLATURE-20II-12 REGULAR SESSION

ASSEMBLY BILL No 1896

Introduced by Assembly Member Chesbro

February 222012

An act to amend the heading of Article 10 (commencing with Section710) of Chapter 1 of Division 2 of and to add Section 719 to theBusiness and Professions Code relating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1896 as amended Chesbro Tribal health programs health carepractitioners

Under existing federal law licensed health professionals employedby a tribal health program are required to be exempt if licensed in anystate from the licensing requirements of the state in which the tribalhealth program performs specified services A tribal health program isdefined as an Indian tribe or tribal organization that operates any healthprogram service function activity or facility funded in whole or partby the Indian Health Service

Existing law provides for the licensure and regulation of health carepractitioners by various healing arts boards within the Department ofConsumer Affairs

This bill would codify that federal requirement by specifying that aperson who is licensed as a health care practitioner in any other stateand is employed by a tribal health program is exempt from any statelicensing requirement with respect to acts authorized under thepersonslicense where the tribal health program performs specified services

Vote majority Appropriation no Fiscal committee noState-mandated local program no

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AD 1896 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 The heading of Article 10 (commencing with2 Section 710) of Chapter 1 of Division 2 of the Business and3 Professions Code is amended to read456789

101112131415161718192021

Article 10 Federal Personnel and Tribal Health Programs

SEC 2 Section 719 is added to the Business and ProfessionsCode to read

719 (a) A person who is licensed as a health care practitionerin any other state and is employed by a tribal health program asdefined in Section 1603 of Title 25 of the United States Code shallbe exempt from any licensing requirement described in this divisionwith respect to acts authorized under the persons license wherethe tribal health program performs the services described in thecontract or compact of the tribal health program under the IndianSelf-Determination and Education Assistance Act (25 USC Sec450 et seq)

(b) For purposes of this section health care practitioner meansany person who engages in acts that are the subject of licensureor regulation under this division or Ml) initiative 8et referred to inthis division the law of any other state

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CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1904

Introduced by Assembly Members Block Butler and Cook

February 222012

An act to add Section 1155 to the Business and Professions Coderelating to professions and vocations and making an appropriationtherefor

LEGISLATIVE COUNSELS DIGEST

AB 1904 as introduced Block Professions and vocations militaryspouses temporary licenses

Existing law provides for the licensure and regulation of variousprofessions and vocations by boards within the Department of ConsumerAffairs Existing law provides for the issuance of reciprocal licenses incertain fields where the applicant among other requirements has alicense to practice within that field in another jurisdiction as specifiedUnder existing law licensing fees imposed by certain boards withinthe department are deposited in funds that are continuously appropriated

This bill would authorize a board within the department to issue atemporary license to an applicant who among other requirements holdsan equivalent license in another jurisdiction as specified and is marriedto or in a legal union with an active duty member of the Armed Forcesofthe United States who is assigned to a duty station in California underofficial active duty military orders The bill would require a board toexpedite the process for issuing these temporary licenses The bill wouldrequire the applicant to pay any fees required by the board and wouldrequire that those fees be deposited in the fund used by the board toadminister its licensing program To the extent that the bill would

99

AB 1904 -2-

increase the amount of money deposited into a continuously appropriatedfund the bill would make an appropriation

Vote majority Appropriation yes Fiscal committee yesState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 1155 is added to the Business and2 Professions Code to read3 1155 (a) A board within the department may issue a4 temporary license to an applicant who meets all of the following5 requirements6 (l) Submits an application in the manner prescribed by the7 board8 (2) Supplies evidence satisfactory to the board that the applicant9 is married to or in a domestic partnership or other legal union

10 with an active duty member of the Armed Forces of the United11 States who is assigned to a duty station in this state under official12 active duty military orders13 (3) Holds a current license in another state district or territory14 of the United States with the requirements that the board determines15 are substantially equivalent to those established under this code16 for that occupation17 (4) Has not committed an act in anyjurisdiction that would have18 constituted grounds for denial suspension or revocation of the19 license under this code at the time the act was committed20 (5) Has not been disciplined by a licensing entity in another21 jurisdiction and is not the subject of an unresolved complaint22 review procedure or disciplinary proceeding conducted by a23 licensing entity in another jurisdiction24 (6) Pays any fees required by the board Those fees shall be25 deposited in the applicable fund or account used by the board to26 administer its licensing program27 (7) Submits fingerprints and any applicable fingerprinting fee28 in the manner required of an applicant for a regular license29 (b) A board shall expedite the procedure for issuing a temporary30 license pursuant to this section31 (c) A temporary license issued under this section shall be valid32 for 180 days except that the license may at the discretion of the

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-3- AB 1904

I board be extended for an additional180-day period on application2 of the license holder3 (d) A board may adopt regulations necessary to administer this4 section

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99

AB 1932 Assembly Bill Status

MEASURE AUTHOR(S)TOPICHOUSE+LAST

CURRENT BILL STATUS

AB No 1932Gorell (Coauthor Cook)

United States armed services healing arts boardsLOCATION SENAMENDED DATE 04172012

TYPE OF BILL

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

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APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

An act to add Section 7102 to the Business andProfessions Code relating to healing arts

-

AMENDED IN ASSEMBLY APRIL 172012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1932

Introduced by Assembly Member-Ceek Gorell(Coauthor Assembly Member Cook)

February 222012

An act to add Section 7102 to the Business and Professions Coderelating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1932 as amended euroook Gorell United States armed serviceshealing arts boards

Existing law provides for the licensure and regulation of varioushealing arts professions and vocations by boards within the Departmentof Consumer Affairs Existing law requires the rules and regulations ofthese healing arts boards to provide for methods of evaluating educationtraining and experience obtained in military service if such training isapplicable to the requirements of the particular profession or vocationregulated by the board Under existing law the Department of VeteransAffairs has specified powers and duties relating to various programsserving veterans

This bill would require by January 12014 and annually thereafterevery healing arts board to issue a specified written report to theDepartment of Veterans Affairs and the Legislature as specified thatclearly details the methods of evaluating the education training andexperience obtained in military service and whether that educationtraining and experience is applicable to the boards requirements forlicensure The bill would declare the intent of the Legislature in thisregard

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AB 1932 -2-

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 710 of the Business and Professions Code2 was enacted in 1969 and because healing arts boards have not3 demonstrated significant compliance with that section it is the4 intent of the Legislature to establish an annual reporting5 requirement to compel these boards to provide information about6 the methods of evaluating education training and experience7 obtained in military service in order to meet the needs of the8 upcoming wave of armed service members returning to civilian9 life

10 SEC 2 Section 7102 is added to the Business and Professions11 Code to read12 7102 (a) By January 12014 and annually thereafter every13 healing arts board described in this division shall issue a written14 report to the Department of Veterans Affairs and to the Legislature15 that clearly details the methods of evaluating the education16 training and experience obtained in military service and whether17 that education training and experience is applicable to the boards18 requirements for licensure This written report shall include but19 not be limited to quantitative information about the number of20 service members who have applied for and have used their military21 education training and experience to fulfill the boards22 requirements for licensure23 (b) (1) The requirement to submit a report to the Legislature24 under subdivision (a) shall be inoperative on January 1 201825 pursuant to Section 102315 of the Government Code26 (2) A report to the Legislature shall be submitted in compliance27 with Section 9795 of the Government Code

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-19- AB518

enforcement agency The adult protective services agency shallnot accept the report by telephone but shall forward any writtenreport received to the long-term care ombudsman

(b) If an adult protective services agency or local lawenforcement agency or ombudsman program receiving a report ofknown or suspected elder or dependent adult abuse determinespursuant to its investigation that the abuse is being committed bya health practitioner licensed under Division 2 (commencing withSection 500) of the Business and Professions Code or any relatedinitiative act or by a person purporting to be a licensee the adultprotective services agency or local law enforcement agency orombudsman program shall immediately or as soon as practicallypossible report this information to the appropriate licensingagency The licensing agency shall investigate the report in lightof the potential for physical harm The transmittal of informationto the appropriate licensing agency shall not relieve the adultprotective services agency or local law enforcement agency orombudsman program of the responsibility to continue its owninvestigation as required under applicable provisions of law Theinformation reported pursuant to this paragraph shall remainconfidential and shall not be disclosed

(c) A local law enforcement agency shall immediately or assoon as practically possible report by telephone to the long-termcare ombudsman program when the abuse is alleged to haveoccurred in a long-term care facility or to the county adultprotective services agency when it is alleged to have occurredanywhere else and to the agency given responsibility for theinvestigation of cases of elder and dependent adult abuse everyknown or suspected instance of abuse of an elder or dependentadult A local law enforcement agency shall also send a writtenreport thereof within two working days of receiving the informationconcerning the incident to any agency to which it is required tomake a telephone report under this subdivision

(d) A long-term care ombudsman coordinator may report theinstance of abuse to the county adult protective services agencyor to the local law enforcement agency for assistance in theinvestigation of the abuse if the victim gives his or her consent Along-term care ombudsman program and the Licensing andCertification Division ofthe State Department ofIIealth SeI ieesPublic Health shall immediately report by telephone and in writing

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AB518 -20-

1 within two working days to the bureau any instance of neglect2 occurring in a health care facility that has seriously harmed any3 patient or reasonably appears to present a serious threat to the4 health or physical well-being of a patient in that facility If a victim5 or potential victim of the neglect withholds consent to being6 identified in that report the report shall contain circumstantial7 information about the neglect but shall not identify that victim or8 potential victim and the bureau and the reporting agency shall9 maintain the confidentiality of the report until the report becomes

lOa matter of public record11 (e) When a county adult protective services agency a long-term12 care ombudsman program or a local law enforcement agency13 receives a report of abuse neglect or abandonment of an elder or14 dependent adult alleged to have occurred in a long-term care15 facility that county adult protective services agency long-term16 care ombudsman coordinator or local law enforcement agency17 shall report the incident to the licensing agency by telephone as18 soon as possible19 (f) County adult protective services agencies long-term care20 ombudsman programs and local law enforcement agencies shall21 report the results of their investigations of referrals or reports of22 abuse to the respective referring or reporting agencies23 Eg) This seeti6n shall remain in dIcet 6ny tlfttilJ~ 1201324 and as 6f that date is repealed unless a later enaeted stMttte that25 is enaeted bef6re Janttary 12013 deletes 6r extends that date26 SEC 8 Section 15640 of the Welfare and Institutions Code27 as added by Section 10 of Chapter 140 of the Statutes of 2005 is28 repealed 29 15640 Ea) E1) An adult pr6teeti e sen iees ageney shall30 immediate) 6r as S66nas praetieal) p6ssible rep6rt 0 te1eph6ne31 t6 the la~ enf6reement ageney haing jttrisdieti6n 6er the ease32 an kntMfl6r suspeeted instanee 6f eriminal aeth it) and t6 any33 pttblie agene gien resp6nsibilit) f6r illestigMi6n in that34 jurisdieti6n 6f eases 6f elder and dependent adttlt abuse eery35 kfl6n6r suspeeted instanee 6f aetlse purstlant t6 Seeti6n 1563036 6f an elder 6r dependent adttlt A e6t11ltyadttlt pr6teeti e sen iees37 ageney shall als6 send a TV ritten rep6rt there6f Vv ithin ti 6 V 6rking38 days 6f reeeiving the inwrmati6n e6neeming the ineident t6 eaeh39 ageney t6 vv hieh it is reqtlired t6 make a teleph6ne Iep6rt tlftder40 this subdiisi6n Pri6r t6 making an er6SSIep6rt 6f allegati6ns

98

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-21- AB518

offilumeial abttse to lavvenforeemertt a-geneiesMladult proteetFesen iees agene) shaH first determine whether there is reasonablesuspieion of tmJ eriminM aeti vit

(2) If an adult proteeti ve sen iees agene) reeei ves a report ofabttse alleged to ha ve oeettlTed in a long teml eare faeilit) thatadttlt proteeti ve sen iees ageney shall immediate) infoml theperson making the report that he or she is required to make thereport to the long term eare ombttdsman program 01 to aloeallawenforeemertt a-geneyThe adttlt proteeti ve sen iees agene) shallnot aeeept the report b) telephone btlt shall fonvMd flit) vvTittenreport leeehed to the long teml eare ornbtldsman

(b) If an adtllt proteetive seniees ageney or loeal lawenforeement agene) or ornbtldsman program reeei vinga report ofkftovm or stlspeeted elder or dependent adttlt MtlSe determinespttrstlartt to its inYestigationthat the flbttseis being eommitted bya health 11aetitioner lieensed tlftder Division 2 (eonJffieneingwithSeetion 500) of the Btlsiness flftdProfessions Code or flit) lelatedinitiatiye aet or by a person ptlrporting to be a lieensee the adtlltproteetive seniees a-gene) or loeallaw enforeement agene) orombttdsman program shall immediate) or as soon as praetieall)possible report this mformation to the appropriate lieensingagene) The lieensing agene) shall investigate the report in lightof the poterttial fur ph) sieal hamlThe trMlsmittfllof informationto the appropriate lieensing agene) shall not relieve the adtlltproteethe serviees agene) or loeallaw enforeement agene) orornbtldsmflft program of the responsibility to eorttinue its 0~vninvestigation as reqttired tlftder applieable provisions of law Theinformation reported pttrstlant to this paragraph shall remaineoniiderttial flItdshfl11not be diselosed

(e) A loealla bullbull enforeement agefte) shall immediate) or assoon as praetieal) possible report b) telephone to the long termeare ombtldsman program bullbullhen the abtlse is alleged to haveoeetllTed in a long term eare faeilit) or to the eotlnt) adttltproteetive seniees agene) bullbullhen it is alleged to have oeeUlfedan) vvhere else flftd to the agene) gh en responsibilit) for theinvestigation of eases of elder and dependent adttlt abtlse everykftovm or stlspeeted instflftee of MtlSe of an elder or dependerttadttlt A loeallaw enforeement ageney shall also send a Ylfittenreport thereof bullbullithin ftv0 vvorking dfl)s ofreeei ving the infomlation

98

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AB518 -22-

eoneeming the ineident to an agenC) to vvhieh it is reqtlired toftutke a telephone report tlIlderthis stlbdh ision

Ed) A long tenn eare ombttdsman eoordinator mll) report theinstlllleeof abtlse to the eot1llryadttlt proteetive seniees ageneyor to the loeal la bullbull enforeement agenC) for assistlllleein theinvestigationof the abttse if the vietim gives his or her eonsent Along tenn eMe ombtldsmllllprogram llIldthe Lieensing llIldCertifieation Division of the State DepMtment ofIIealth Senieesshall immediately report b telephone llIldin vvriting vvithin hiv0tv orkingdll) s to the bm eatl an instlllleeof negleet oeet1ffingin ahealth eare faeiliry that has seriotlsl hMmed an patient orreasonably appeMs to present a seriotls threat to the health orph sieal vvell being of a patient in that ffteiliry If a J ietim orpotential TV ietim of the neglect vithholds eonsent to being identifiedin that report the report shall eontain eirettmstlllltialinformationabom the negleet bm shall not identif) that vietim or potentialvietim and the bttreatl llIldthe reporting agenC) shall maintain theeoniidentialiry of the report tlntil the report beeomes a matter ofptlblie reeord

Ee) hen a eotlllryadttlt proteeti ve sen iees agenC) a long termeare ombtldsman program or a loeal la enforeement ageneyreeeives a report ofabttse negleet or ablllldonmentofllllelder ordependent adttlt alleged to have oeet1ffedin a long term earefaeiliry that eotlnty adtllt proteeti ve sen iees agenC) long termeare ombtldsmlllleoordinator or loeallavv enforeement ageneyshall report the ineident to the lieensing agene b telephone assoon as possible

ED COtl1lt)adtllt proteetive seniees ageneies long term eareombttdsman programs and 10ea1lavvenforeement ageneies shallreport the restllts of their investigations of referrals or reports ofabtlse to the respeetive referring or reporting ageneies

Eg) This seetion shall beeome operative on JllIlt1flry12013SEC 9 Section 156555 of the Welfare and Institutions Code

as amended by Section 11 of Chapter 140 of the Statutes of 2005is amended to read

156555 A county adult protective services agency shallprovide the organizations listed in paragraphs (v) (w) and (x) ofSection 1561017 and mandated reporters of suspected financialabuse of an elder or dependent adult pursuant to Section 156301with instructional materials regarding abuse and neglect of an elder

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1 or dependent adult and their obligation to report under this chapter2 At a minimum the instructional materials shall include the3 following4 (a) An explanation of abuse and neglect of an elder or dependent

adult as defined in this chapter6 (b) Information on how to recognize potential abuse and neglect7 of an elder or dependent adult8 (c) Information on how the county adult protective services9 agency investigates reports of known or suspected abuse and

neglect11 (d) Instructions on how to report known or suspected incidents12 of abuse and neglect including the appropriate telephone numbers13 to call and what types of information would assist the county adult14 protective services agency with its investigation of the report

(e) This seetion shall remain in eifcet only tlfttil Jflfttlttry 1 201316 and as of that date is repealed tmless a later enaeted stattlte that17 is enaeted before Jafttlttry 12013 deletes or extends that date18 SEC 10 Section 156555 of the Welfareand Institutions Code19 as amended by Section 712 of Chapter 538 of the Statutes of2006

is repealed21 156555 A eottftt) achtlt proteetive serviees agene) shall22 pmvide the organi2ations listed in paragraphs (v) (vv) and Ex) of23 Seetion 1561017 with instItletional materials regarding elder and24 dependent achtlt abtlse and negleet and their obligation to report

under this ehapter At a minimum the instruetional materials shall26 inelude the follovving27 (a) An explanation of elder and dependent achtlt abuse and28 negleet as defined in this ehapter29 (b) Information on how to reeogni2e potential elder and

dependent achtlt abuse and negleet31 (e) Information on ho vIthe eottftt) achtlt proteeti ve serv iees32 agene) investigates reports of knovm or suspeeted abuse and33 negleet34 (d) Instmetions on hovv to report ]movvn or suspeeted ineidents

of abuse and negleet ineltlding the appropriate telephone llt11llbers36 to eall and what rypes of information vvould assist the eount) adult37 proteetirv e sen iees agene) with its in (estigation of the report38 (e) This seetion shall beeome operati e on January I 20 13

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AB 608 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 608Pan

Health care coverage telemedicine

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to health care

httpwww1eginfocagovpubII-12Ibillasmab_0601-0650ab _608_ bill_ 20120201_status 652012

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AB 783 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 783AUTHOR(S) HayashiTOPIC Professional corporations licensed physical therapists

and occupational therapists+LAST AMENDED DATE 04072011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

COMMCOMMCOMM

HIST ACT DATEHIST ACTION

From committeeRule 62(a)

LOCATION SENACTION DATEACTION

06282011In committee Set second hearing Failed passagewithout further action pursuant to Joint

LASTLAST

BUSINESS PROFESSIONS AND ECONOMIC DEVELOPMENT06272011

Set second hearing Failed passage in Committee

TITLE An act to amend Section 2406 of the Business andProfessions Code and to amend Section 134015 of theCorporations Code relating to professional corporations

httpwwwleginfocagovpub11-12billasmab_0751-0800ab_783_bill_20111115_status 652012

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AMENDED IN ASSEMBLY APRIL 7 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 783

Introduced by Assembly Member Hayashi

February 172011

An act to amend Section 2406 of the Business and Professions Codeand to amend Section 134015 of the Corporations Code relating toprofcssiemal eorporations and deelaring the mgeney thereof to tttkeeffeet immediatelyprofessional corporations

LEGISLATIVE COUNSELS DIGEST

AB 783 as amended Hayashi Professional corporations licensedphysical therapists and occupational therapists

Existing law regulating professional corporations provides that certainhealing arts practitioners may be shareholders officers directors orprofessional employees of a medical corporation-er-a podiatric medicalcorporation or a chiropractic corporation subject to certain limitations

This bill would add licensed physical therapists and licensedoccupational therapists to the list of healing arts practitioners who maybe shareholders officers directors or professional employees of thosecorporations The bill would also make conforming changes to a relatedprovision

This bill vv otlld deelare that it is to take etteet immediately as anmgeney statttte

Vote -majority Appropriation no Fiscal committee noState-mandated local program no

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AB783 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 2406 of the Business and Professions2 Code is amended to read3 2406 A medical corporation or podiatry corporation is a4 corporation that is authorized to render professional services as

defined in Sections 13401 and 134015 ofthe Corporations Code6 so long as that corporation and its shareholders officers directors7 and employees rendering professional services who are physicians8 and surgeons psychologists registered nurses optometrists9 podiatrists chiropractors acupuncturists naturopathic doctors

physical therapists or in the case of a medical corporation only11 physician assistants marriage and family therapists or clinical12 social workers are in compliance with the Moscone-Knox13 Professional Corporation Act the provisions of this article and all14 other statutes and regulations now or hereafter enacted or adopted

pertaining to the corporation and the conduct of its affairs16 With respect to a medical corporation or podiatry corporation17 the governmental agency referred to in the Moscone-Knox18 Professional Corporation Act is the board19 SEC 2 Section 134015 of the Corporations Code is amended

to read21 134015 Notwithstanding subdivision (d) of Section 1340122 and any other provision of law the following licensed persons23 may be shareholders officers directors or professional employees24 of the professional corporations designated in this section so long

as the sum of all shares owned by those licensed persons does not26 exceed 49 percent ofthe total number of shares of the professional27 corporation so designated herein and so long as the number of28 those licensed persons owning shares in the professional29 corporation so designated herein does not exceed the number of

persons licensed by the governmental agency regulating the31 designated professional corporation32 (a) Medical corporation33 (1) Licensed doctors of podiatric medicine34 (2) Licensed psychologists

(3) Registered nurses36 (4) Licensed optometrists37 (5) Licensed marriage and family therapists38 (6) Licensed clinical social workers

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-3-

(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists(10) Naturopathic doctors(11) Licensed physical therapists(12)Licensed occupational therapists(b) Podiatric medical corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed optometrists(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(8) Licensed physical therapists(9) Licensed occupational therapists(c) Psychological corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Registered nurses(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed chiropractors(8) Licensed acupuncturists(9) Naturopathic doctors(d) Speech-language pathology corporation(1) Licensed audiologists(e) Audiology corporation(1) Licensed speech-language pathologists(t) Nursing corporation(l) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists

AB783

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AB783 -4-

(10) Naturopathic doctors(g) Marriage and family therapy corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed clinical social workers(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(h) Licensed clinical social worker corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed marriage and family therapists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(i) Physician assistants corporation(1) Licensed physicians and surgeons(2) Registered nurses(3) Licensed acupuncturists(4) Naturopathic doctorsG) Optometric corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(k) Chiropractic corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed acupuncturists(9) Naturopathic doctors

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-5- AB783

(10) Licensed physical therapists(11) Licensed occupational therapists(l) Acupuncture corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed physician assistants(9) Licensed chiropractors(10) Naturopathic doctors(m) Naturopathic doctor corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed physician assistants(5) Licensed chiropractors(6) Licensed acupuncturists(7) Licensed physical therapists(8) Licensed doctors of podiatric medicine(9) Licensed marriage family and child counselors(10) Licensed clinical social workers(11) Licensed optometrists(n) Dental corporation(1) Licensed physicians and surgeons(2) Dental assistants(3) Registered dental assistants(4) Registered dental assistants in extended functions(5) Registered dental hygienists(6) Registered dental hygienists in extended functions(7) Registered dental hygienists in alternative practiceSEC 3 This aet is Ml ttrgene statttte neeessary for the

immediatepresenation of the ptlblie peaee hettlihor saferyvvithinthe meMling of Miele IV of the Constittttion Mld shaHgo intoimmediate effeet The fftets eonstitttting the neeessiry Me

In order to 8t1thorizelieensed physieal therapists to beshareholders offieers mreetors or professional employees of

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1 memeal eorpofatiofts andpodiatrie medieal eorpofatiofts as soOft2 as possible it is fteeessary that this aet tftke dIeet immediately

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AB 800 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 800Huber

Boards and commissions time reporting

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to add Section 1156410 to the Government Coderelating to boards and commissions

httpwwwleginfocagovpubI11-12billasmlab_0751-0800ab _800_ bill_20120201_status 652012

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AB 958 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 958Bill Berryhill

Regulatory boards limitations periods

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to Art IV Sec 10(e) of theFrom committee Filed with the Chiefto Joint Rule 56BUSINESS PROFESSIONS AND CONSUMER PROTECTION

TITLE An act to add Section 1105 to and to repeal Sections16702 22305 296005 3137 375051 498205499032 5561 5661 76865 988420 and 98898 of theBusiness and Professions Code relating to regulatoryboards

httpwwwleginfocagovpub11-12lbillasmlab_0951-1 OOOab_958 _bill_ 20120202_ status 652012

AB 1003 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 1003Smyth

Professional and vocational licenses

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to professional and vocational licenses

httpwwwleginfocagovpubll-12Ibillasmlab_l00l-l 050ab_1003 _bill_2012020 I_statu 652012

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AB 1205 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1205AUTHOR(S) Bill BerryhillTOPIC Licensed behavior analysts+LAST AMENDED DATE 04042011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to amend Section 499018 of and to add Chapter52 (commencing with Section 252971) to Division 2 ofthe Business and Professions Code relating to healingarts

httpwwwleginfocagovpub11-12billasmab _120 1-1250ab_1205 _bill_20 120201_statu 652012

AB 1435 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1435AUTHOR(S) Dickinson (Coauthors Alejo Buchanan and Hill) TOPIC Child abuse reporting athletic personnelHOUSE LOCATION SEN+LAST AMENDED DATE OS252012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredState-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS for

LASTLAST

APPROPRIATIONSOS252012

Do pass as amendedAyes 17 Noes OOPASS

TITLE An act to amend Section 111657 of the Penal Coderelating to child abuse reporting

httpwww1eginfocagovpub11-12lbiIVasmab_140 1-1450ab _1435 _bill~0120601_statu 652012

AMENDED IN ASSEMBLY MAY 25 2012

AMENDED IN ASSEMBLY MARCH 21 2012

AMENDED IN ASSEMBLY MARCH 142012

AMENDED IN ASSEMBLY FEBRUARY 29 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1435

Introduced by Assembly Member Dickinson(Coauthors Assembly Members Alejo Buchanan and Hill)

January 4 2012

An act to amend Section 111657 of the Penal Code relating to childabuse reporting

LEGISLATIVE COUNSELS DIGEST

AB 1435 as amended Dickinson Child abuse reporting athleticpersonnel

Existing law the Child Abuse and Neglect Reporting Act requiresa mandated reporter as defined to report whenever he or she in his orher professional capacity or within the scope of his or her employmenthas knowledge of or observed a child whom the mandated reporterknows or reasonably suspects has been the victim of child abuse orneglect Failure to report an incident is a crime punishable byimprisonment in a county jail for a period of up to 6 months a fine ofup to $1000 or by both that imprisonment and fine

This bill would add athletic coaches athletic administrators andathletic directors employed by a public or private organization to thelist of individuals who are mandated reporters The bill otlld reqtlirean ptlblie or pri v ate orgflftizationernplo ing flftathletieeoaen Mhletie

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AB 1435 -2-

ftdministrator or Mhletie direetor to hftve provided initiftl trftining byJflfttlM) I 2014 on speeified mfttters relMing to ehiM a-bttse ftftdnegleetfor those employees On ftftd ftfter lftnuftry 12014 the bill vvottld reeJtlireinitiftl trftining to be pro vided IV ithin 6 months of the dMe ftn indi vidttftlbeeomes employed in thM eftlfteiry The bill vvouM require theseindividuftls to eomplete eontifttling tminmg every 2 yeMs

By imposing the reporting requirements on a new class of personsfor whom failure to report specified conduct is a crime ftftdby imposingne~ trftining reeJtlirements on publie oIgftfiiZMions ineluding loeftlgOvernment entities this bill would impose a state-mandated localprogram

The Cftlifomift Constittltion reqtlires the stMe to reimbtlfse loeftlftgeneies ftnd sehool distriets for eertftin eosts mftftdMed by the stftteStftttltory pItYvisions esffiblish proeedtlfes for mftkffigthftt reimbtlfsement

This bill hould pro vide thM 4vith regMd to eertftin mftftdfttes noIeimbtlfsement is reeJtlired by this ftet for ft speeified reftson

Vith regftM to ftny other mftndMeS this bill vv0tlM pro vide thM if theCommission on StMe ~bndtltes determines thM the bill eontftins eostsso mftndftted by the stftte reimbttIsement for those eosts shftll be mftdeptlfStlftnt to the stftttltory pro visions noted ttbo ve

The California Constitution requires the state to reimburse localagencies and school districts for certain costs mandated by the stateStatutory provisions establish procedures for making thatreimbursement

This bill would provide that no reimbursement is required by this actfor a specified reason

Vote majority Appropriation no Fiscal committee yesState-mandated local program yes

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 111657 of the Penal Code is amended2 to read3 111657 (a) As used in this article mandated reporter is4 defined as any of the following5 (1) A teacher6 (2) An instructional aide7 (3) A teachers aide or teachers assistant employed by any8 public or private schooL9 (4) A classified employee of any public schooL

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-3- AB 1435

1 (5) An administrative officer or supervisor of child welfare and2 attendance or a certificated pupil personnel employee of any public3 or private school4 (6) An administrator of a public or private day camp

(7) An administrator or employee of a public or private youth6 center youth recreation program or youth organization7 (8) An administrator or employee of a public or private8 organization whose duties require direct contact and supervision9 of children

(9) Any employee of a county office of education or the State11 Department of Education whose duties bring the employee into12 contact with children on a regular basis13 (10) A licensee an administrator or an employee of a licensed14 community care or child day care facility

(11) A Head Start program teacher16 (12) A licensing worker or licensing evaluator employed by a17 licensing agency as defined in Section 111651118 (13) A public assistance worker19 (14) An employee of a child care institution including but not

limited to foster parents group home personnel and personnel of21 residential care facilities22 (15) A social worker probation officer or parole officer23 (16) An employee of a school district police or security24 department

(17) Any person who is an administrator or presenter of or a26 counselor in a child abuse prevention program in any public or27 private school28 (18) A district attorney investigator inspector or local child29 support agency caseworker unless the investigator inspector or

caseworker is working with an attorney appointed pursuant to31 Section 317 of the Welfare and Institutions Code to represent a32 mmor33 (19) A peace officer as defined in Chapter 45 (commencing34 with Section 830) of Title 3 of Part 2 who is not otherwise

described in this section36 (20) A firefighter except for volunteer firefighters37 (21) A physician and surgeon psychiatrist psychologist dentist38 resident intern podiatrist chiropractor licensed nurse dental39 hygienist optometrist marriage and family therapist clinical social

worker professional clinical counselor or any other person who

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AB 1435 -4-

is currently licensed under Division 2 (commencing with Section500) of the Business and Professions Code

(22) Any emergency medical technician I or II paramedic orother person certified pursuant to Division 25 (commencing withSection 1797) of the Health and Safety Code

(23) A psychological assistant registered pursuant to Section2913 of the Business and Professions Code

(24) A marriage and family therapist trainee as defined insubdivision (c) of Section 498003 of the Business and ProfessionsCode

(25) An unlicensed marriage and family therapist internregistered under Section 498044 of the Business and ProfessionsCode

(26) A state or county public health employee who treats a minorfor venereal disease or any other condition

(27) A coroner(28) A medical examiner or any other person who performs

autopsies(29) A commercial film and photographic print processor as

specified in subdivision (e) of Section 11166 As used in thisarticle commercial film and photographic print processor meansany person who develops exposed photographic film into negativesslides or prints or who makes prints from negatives or slides forcompensation The term includes any employee of such a personit does not include a person who develops film or makes prints fora public agency

(30) A child visitation monitor As used in this article childvisitation monitor means any person who for financialcompensation acts as monitor of a visit between a child and anyother person when the monitoring of that visit has been orderedby a court of law

(31) An animal control officer or humane society officer Forthe purposes ofthis article the following terms have the followingmeanings

(A) Animal control officer means any person employed by acity county or city and county for the purpose of enforcing animalcontrol laws or regulations

(B) Humane society officer means any person appointed oremployed by a public or private entity as a humane officer who is

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-5- AB 1435

qualified pursuant to Section 14502 or 14503 of the CorporationsCode

(32) A clergy member as specified in subdivision (d) of Section11166 As used in this article clergy member means a priestminister rabbi religious practitioner or similar functionary of achurch temple or recognized denomination or organization

(33) Any custodian of records of a clergy member as specifiedin this section and subdivision (d) of Section 11166

(34) Any employee of any police department county sheriffsdepartment county probation department or county welfaredepartment

(35) An employee or volunteer of a Court Appointed SpecialAdvocate program as defined in Rule 1424 ofthe California Rulesof Court

(36) A custodial officer as defined in Section 8315(37) Any person providing services to a minor child under

Section 12300 or 123001 of the Welfare and Institutions Code(38) An alcohol and drug counselor As used in this article an

alcohol and drug counselor is a person providing counselingtherapy or other clinical services for a state licensed or certifieddrug alcohol or drug and alcohol treatment program Howeveralcohol or drug abuse or both alcohol and drug abuse is not inand of itself a sufficient basis for reporting child abuse or neglect

(39) A clinical counselor trainee as defined in subdivision (g)of Section 499912 of the Business and Professions Code

(40) A clinical counselor intern registered under Section 499942of the Business and Professions Code

(41) An athletic coach athletic administrator or athletic directoremployed by a public or private organization including but notlimited to schools and instittttions of higher e6ueation thatprovidekindergarten or any of grades 1 to 12 inclusive

(b) Except as provided in paragraph (35) of subdivision (a)volunteers of public or private organizations whose duties requiredirect contact with and supervision of children are not mandatedreporters but are encouraged to obtain training in the identificationand reporting of child abuse and neglect and are further encouragedto report known or suspected instances of child abuse or neglectto an agency specified in Section 111659

(c) Employers are strongly encouraged to provide theiremployees who are mandated reporters with training in the duties

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AB 1435 -6-

imposed by this article This training shall include training in childabuse and neglect identification and training in child abuse andneglect reporting Whether or not employers provide theiremployees with training in child abuse and neglect identificationand reporting the employers shall provide their employees whoare mandated reporters with the statement required pursuant tosubdivision (a) of Section 111665

(d) School districts that do not train their employees specifiedin subdivision (a) in the duties of mandated reporters under thechild abuse reporting laws shall report to the State Department ofEducation the reasons why this training is not provided

(e) Unless otherwise specifically provided the absence oftraining shall not excuse a mandated reporter from the dutiesimposed by this article

(f) Public and private organizations are encouraged to providetheir volunteers whose duties require direct contact with andsupervision of children with training in the identification andreporting of child abuse and neglect

(g) (1) On 6r befure Jttmtary 1 2014 ttll) pttblie 6r privflie6rganizttti6ftemp16ing ttft Mhletie e6tteh Mhletie ttdmimstrltt6r6r Mhletie direet6r ttSspeeified ift pMttgrttph (41) 6f sttbdivisi6ft(tt) shttll pr6 vide iftitittl trttining f6r th6se empl~ ees 6n thefull6vvingmtttters

(A) The identifiettti6n 6f ehild ttbttse ttnd negleet(D) Aeti vities thttt e6ftstitttte inltppr6prittte ttftd illegttl e6ntttet

betiveen tt 6tlth ltftd ltft ttthietie e6tteh Mhletie ttdmiftistrttt6r 6rttthietie direet6r

(6) The resp6nsibilities 6f tt pers6n identified lIStt mttndfliedrep6rter in this seeti6n ineIttding btl ft6t limited t6 ttll 6f thefull6 vving

(i) T6 ~h6m tt rep6rt is reqtlired t6 be mttde(ii) The inf6rmttti6n thttt is reqttired t6 be ifte1ttdedin tt rep6rt(iii) The time vvithiftvvhieha mandated rep6rter is reqttired t6

file tt rep6rt(2) Initittl training shall be pr6vided b perS6ftSkn6vvledgeltble

ift the identifiettti6n 6fehild aettse ttnd negleet inltppf6prittte ltftdillegal e6ntaet bem eena 6ttth and ltftadttIt ltftdstatttt6ry rep6rtingreqttiremeftts ltftdshttll e6nsist 6ftw6 h6ttrs 6felassr66m 6r 6therinteraetive trainiftg ltftdedttettti6n

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1 (h) Commeneing on fmd aftel Jfmtlftry12014 fmofgfmization2 speeified in sttbdivision (g) shaHpro ide initial training within six3 months of the date that fm individtutl beeomes empleryed as an4 Mhletie eoaeh athletie administrator or athletie direetor ttnless5 the indi idttal reeei ed training Hithin tw0 years prior to the date6 the indi idtlal is empleryed An Mhletie eoaeh athletie7 administrator or athletie direetor Hho has leeeied initial training8 ptlfStlafttto sttbdiision (g) shall eomplete eontifttling training9 thereafter onee eery two years eonsisting of one hottf of

10 elassroom or other interaeti e training fmd edtteation11 SEC 2 No reimbtlrsement is reqtlired by this aet pttfStlafttto12 Seetion 6 ofArtiele )GIlD of the California Constitution for eertain13 eosts that may be inetllTed by a loeal ageney or sehool distriet14 beeatlse ift that regard this aet ereates a nev erime or infraetion15 eliminates a erime or infraetion or ehfmges the penalty fOfa erime16 or inflaetion Hithin the meaning of Seetion 17556 of the17 Goemment Code or ehanges the definition ofa elime Hithin the18 meaning of Seetion 6 of Aniele XIII D of the Califomia19 Constitution20 IIo~eer if the Commission on State Mfmdates determines that21 this aet eontainsother eosts mfmdated by the state reimbttfsement22 to loeal ageneies fmd sehool distliets for those eosts shall be made23 ptlfStlafttto Part 7 (eommeneing Hith Seetion 17500) of Division24 4 of Title 2 of the Goemment Code25 SEC 2 No reimbursement is required by this act pursuant to26 Section 6 of Article XIII B of the California Constitution because27 the only costs that may be incurred by a local agency or school28 district will be incurred because this act creates a new crime or29 infraction eliminates a crime or infraction or changes thepenalty30 for a crime or infraction within the meaning of Section 17556 of31 the Government Code or changes the definition of a crime within32 the meaning of Section 6 of Article XIII B of the California33 Constitution

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AB 1904 Assembly Bill Status

MEASURE AUTHOR(S)TOPIC

HOUSE

CURRENT BILL STATUS

AB No 1904Block Butler and

Professions and vocationslicenses

LOCATION

Cookmilitary spouses temporary

TYPE OF BILL

SEN

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyAppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpub11-12billasmab _1901-1950ab _1904_ bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes Noes OOPASS17

An act to add Section 1155 to the Business andProfessions Code relating to professions and vocationsand making an appropriation therefor

-

AB 1588 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1588AUTHOR(S) Atkins (Principal coauthors Cook and Nielsen)

(Coauthors Block Beth Gaines Pan V Manuel PerezWilliams and Yamada)

TOPIC Professions and vocations reservist licensees fees andcontinuing education

HOUSE LOCATION SEN+LAST AMENDED DATE 03052012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS forLAST

LAST

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

TITLE An act to add Section 1143 to the Business andProfessions Code relating to professions and vocations

htlpllwwwleginfocagovpubll-12Ibillasmlab _1551-1600ab _1588 _bill_20120601_statu 652012

middot

AMENDED IN ASSEMBLY MARCH 5 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1588

Introduced by Assembly Member Atkins(Principal coauthors Assembly Members Cook and Nielsen)

(Coauthors Assembly Members Block Beth Gaines PanV Manuel Perez Williams and Yamada)

February 6 2012

An act to add Section 1143 to the Business and Professions Coderelating to professions and vocations

LEGISLATIVE COUNSELS DIGEST

AB 1588 as amended Atkins Professions and vocations reservistlicensees fees and continuing education

Existing law provides for the regulation of various professions andvocations by boards commissions or bureaus within the Departmentof Consumer Affairs and for the licensure or registration of individualsin that regard Existing law authorizes any licensee whose licenseexpired while he or she was on active duty as a member of the CaliforniaNational Guard or the United States Armed Forces to reinstate his orher license without examination or penalty if certain requirements aremet

This bill would require the boards commissions or bureaus describedabove to waive the renewal fees and continuing education requirementsif either is applicable of any licensee or registrant who is a reservistcalled to active duty as a member of the United States Military Reserveor the California National Guard if certain requirements are met

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

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AB 1588 -2-

Thepeople of the State of Califomi a do enact asfollows

1 SECTION 1 Section 1143 is added to the Business and2 Professions Code to read3 1143 Notwithstanding any other provision oflaw everyboard4 commission or bureau within the department shall waive the5 renewal fees and continuing education requirements if either is6 applicable for any licensee or registrant who is a reservist called7 to active duty as a member of the United States Military Reserve8 or the California National Guard if all of the following9 requirements are met

10 (a) The licensee or registrant was in good standing with the11 board commission or bureau at the time the reservist was called12 to active duty13 (b) The renewal fees or continuing education requirements are14 waived only for the period during which the reservist is on active15 duty service16 (c) The active duty reservist or the active duty reservists spouse17 or registered domestic partner provides written notice satisfactory18 to the board commission or bureau that substantiates the19 reservists active duty service

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AB 1896 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1896AUTHOR(S) ChesbroTOPIC Tribal health programs health care practitionersHOUSE LOCATION SEN+LAST AMENDED DATE 03272012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATIONCOMM ACTION DATECOMM ACTIONCOMM VOTE SUMMARY

ASM

05172012Referred to Com on B P amp EDBUSINESS PROFESSIONS AND CONSUMER PROTECTION04102012

Do passAyes 09 Noes OOPASS

TITLE An act to amend the heading of Article 10 (commencingwith Section 710) of Chapter 1 of Division 2 of and toadd Section 719 to the Business and Professions Coderelating to healing arts

httpwwwleginfocagovpubI11-12lbillasmab_1851-1900ab_1896_bill_20120517 _statu 652012

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AMENDED IN ASSEMBLY MARCH 27 2012

CALIFORNIA LEGISLATURE-20II-12 REGULAR SESSION

ASSEMBLY BILL No 1896

Introduced by Assembly Member Chesbro

February 222012

An act to amend the heading of Article 10 (commencing with Section710) of Chapter 1 of Division 2 of and to add Section 719 to theBusiness and Professions Code relating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1896 as amended Chesbro Tribal health programs health carepractitioners

Under existing federal law licensed health professionals employedby a tribal health program are required to be exempt if licensed in anystate from the licensing requirements of the state in which the tribalhealth program performs specified services A tribal health program isdefined as an Indian tribe or tribal organization that operates any healthprogram service function activity or facility funded in whole or partby the Indian Health Service

Existing law provides for the licensure and regulation of health carepractitioners by various healing arts boards within the Department ofConsumer Affairs

This bill would codify that federal requirement by specifying that aperson who is licensed as a health care practitioner in any other stateand is employed by a tribal health program is exempt from any statelicensing requirement with respect to acts authorized under thepersonslicense where the tribal health program performs specified services

Vote majority Appropriation no Fiscal committee noState-mandated local program no

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AD 1896 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 The heading of Article 10 (commencing with2 Section 710) of Chapter 1 of Division 2 of the Business and3 Professions Code is amended to read456789

101112131415161718192021

Article 10 Federal Personnel and Tribal Health Programs

SEC 2 Section 719 is added to the Business and ProfessionsCode to read

719 (a) A person who is licensed as a health care practitionerin any other state and is employed by a tribal health program asdefined in Section 1603 of Title 25 of the United States Code shallbe exempt from any licensing requirement described in this divisionwith respect to acts authorized under the persons license wherethe tribal health program performs the services described in thecontract or compact of the tribal health program under the IndianSelf-Determination and Education Assistance Act (25 USC Sec450 et seq)

(b) For purposes of this section health care practitioner meansany person who engages in acts that are the subject of licensureor regulation under this division or Ml) initiative 8et referred to inthis division the law of any other state

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CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1904

Introduced by Assembly Members Block Butler and Cook

February 222012

An act to add Section 1155 to the Business and Professions Coderelating to professions and vocations and making an appropriationtherefor

LEGISLATIVE COUNSELS DIGEST

AB 1904 as introduced Block Professions and vocations militaryspouses temporary licenses

Existing law provides for the licensure and regulation of variousprofessions and vocations by boards within the Department of ConsumerAffairs Existing law provides for the issuance of reciprocal licenses incertain fields where the applicant among other requirements has alicense to practice within that field in another jurisdiction as specifiedUnder existing law licensing fees imposed by certain boards withinthe department are deposited in funds that are continuously appropriated

This bill would authorize a board within the department to issue atemporary license to an applicant who among other requirements holdsan equivalent license in another jurisdiction as specified and is marriedto or in a legal union with an active duty member of the Armed Forcesofthe United States who is assigned to a duty station in California underofficial active duty military orders The bill would require a board toexpedite the process for issuing these temporary licenses The bill wouldrequire the applicant to pay any fees required by the board and wouldrequire that those fees be deposited in the fund used by the board toadminister its licensing program To the extent that the bill would

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AB 1904 -2-

increase the amount of money deposited into a continuously appropriatedfund the bill would make an appropriation

Vote majority Appropriation yes Fiscal committee yesState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 1155 is added to the Business and2 Professions Code to read3 1155 (a) A board within the department may issue a4 temporary license to an applicant who meets all of the following5 requirements6 (l) Submits an application in the manner prescribed by the7 board8 (2) Supplies evidence satisfactory to the board that the applicant9 is married to or in a domestic partnership or other legal union

10 with an active duty member of the Armed Forces of the United11 States who is assigned to a duty station in this state under official12 active duty military orders13 (3) Holds a current license in another state district or territory14 of the United States with the requirements that the board determines15 are substantially equivalent to those established under this code16 for that occupation17 (4) Has not committed an act in anyjurisdiction that would have18 constituted grounds for denial suspension or revocation of the19 license under this code at the time the act was committed20 (5) Has not been disciplined by a licensing entity in another21 jurisdiction and is not the subject of an unresolved complaint22 review procedure or disciplinary proceeding conducted by a23 licensing entity in another jurisdiction24 (6) Pays any fees required by the board Those fees shall be25 deposited in the applicable fund or account used by the board to26 administer its licensing program27 (7) Submits fingerprints and any applicable fingerprinting fee28 in the manner required of an applicant for a regular license29 (b) A board shall expedite the procedure for issuing a temporary30 license pursuant to this section31 (c) A temporary license issued under this section shall be valid32 for 180 days except that the license may at the discretion of the

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-3- AB 1904

I board be extended for an additional180-day period on application2 of the license holder3 (d) A board may adopt regulations necessary to administer this4 section

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AB 1932 Assembly Bill Status

MEASURE AUTHOR(S)TOPICHOUSE+LAST

CURRENT BILL STATUS

AB No 1932Gorell (Coauthor Cook)

United States armed services healing arts boardsLOCATION SENAMENDED DATE 04172012

TYPE OF BILL

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpubI11-12Ibillasmab_1901-1950ab_1932_bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

An act to add Section 7102 to the Business andProfessions Code relating to healing arts

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AMENDED IN ASSEMBLY APRIL 172012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1932

Introduced by Assembly Member-Ceek Gorell(Coauthor Assembly Member Cook)

February 222012

An act to add Section 7102 to the Business and Professions Coderelating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1932 as amended euroook Gorell United States armed serviceshealing arts boards

Existing law provides for the licensure and regulation of varioushealing arts professions and vocations by boards within the Departmentof Consumer Affairs Existing law requires the rules and regulations ofthese healing arts boards to provide for methods of evaluating educationtraining and experience obtained in military service if such training isapplicable to the requirements of the particular profession or vocationregulated by the board Under existing law the Department of VeteransAffairs has specified powers and duties relating to various programsserving veterans

This bill would require by January 12014 and annually thereafterevery healing arts board to issue a specified written report to theDepartment of Veterans Affairs and the Legislature as specified thatclearly details the methods of evaluating the education training andexperience obtained in military service and whether that educationtraining and experience is applicable to the boards requirements forlicensure The bill would declare the intent of the Legislature in thisregard

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AB 1932 -2-

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 710 of the Business and Professions Code2 was enacted in 1969 and because healing arts boards have not3 demonstrated significant compliance with that section it is the4 intent of the Legislature to establish an annual reporting5 requirement to compel these boards to provide information about6 the methods of evaluating education training and experience7 obtained in military service in order to meet the needs of the8 upcoming wave of armed service members returning to civilian9 life

10 SEC 2 Section 7102 is added to the Business and Professions11 Code to read12 7102 (a) By January 12014 and annually thereafter every13 healing arts board described in this division shall issue a written14 report to the Department of Veterans Affairs and to the Legislature15 that clearly details the methods of evaluating the education16 training and experience obtained in military service and whether17 that education training and experience is applicable to the boards18 requirements for licensure This written report shall include but19 not be limited to quantitative information about the number of20 service members who have applied for and have used their military21 education training and experience to fulfill the boards22 requirements for licensure23 (b) (1) The requirement to submit a report to the Legislature24 under subdivision (a) shall be inoperative on January 1 201825 pursuant to Section 102315 of the Government Code26 (2) A report to the Legislature shall be submitted in compliance27 with Section 9795 of the Government Code

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Page 35: DISCUSSION ANDPOSSIBLE ACTION REGARDING PENDING … · 2012-06-14  · Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of2010 (PublicLaw 111-152)

AB518 -20-

1 within two working days to the bureau any instance of neglect2 occurring in a health care facility that has seriously harmed any3 patient or reasonably appears to present a serious threat to the4 health or physical well-being of a patient in that facility If a victim5 or potential victim of the neglect withholds consent to being6 identified in that report the report shall contain circumstantial7 information about the neglect but shall not identify that victim or8 potential victim and the bureau and the reporting agency shall9 maintain the confidentiality of the report until the report becomes

lOa matter of public record11 (e) When a county adult protective services agency a long-term12 care ombudsman program or a local law enforcement agency13 receives a report of abuse neglect or abandonment of an elder or14 dependent adult alleged to have occurred in a long-term care15 facility that county adult protective services agency long-term16 care ombudsman coordinator or local law enforcement agency17 shall report the incident to the licensing agency by telephone as18 soon as possible19 (f) County adult protective services agencies long-term care20 ombudsman programs and local law enforcement agencies shall21 report the results of their investigations of referrals or reports of22 abuse to the respective referring or reporting agencies23 Eg) This seeti6n shall remain in dIcet 6ny tlfttilJ~ 1201324 and as 6f that date is repealed unless a later enaeted stMttte that25 is enaeted bef6re Janttary 12013 deletes 6r extends that date26 SEC 8 Section 15640 of the Welfare and Institutions Code27 as added by Section 10 of Chapter 140 of the Statutes of 2005 is28 repealed 29 15640 Ea) E1) An adult pr6teeti e sen iees ageney shall30 immediate) 6r as S66nas praetieal) p6ssible rep6rt 0 te1eph6ne31 t6 the la~ enf6reement ageney haing jttrisdieti6n 6er the ease32 an kntMfl6r suspeeted instanee 6f eriminal aeth it) and t6 any33 pttblie agene gien resp6nsibilit) f6r illestigMi6n in that34 jurisdieti6n 6f eases 6f elder and dependent adttlt abuse eery35 kfl6n6r suspeeted instanee 6f aetlse purstlant t6 Seeti6n 1563036 6f an elder 6r dependent adttlt A e6t11ltyadttlt pr6teeti e sen iees37 ageney shall als6 send a TV ritten rep6rt there6f Vv ithin ti 6 V 6rking38 days 6f reeeiving the inwrmati6n e6neeming the ineident t6 eaeh39 ageney t6 vv hieh it is reqtlired t6 make a teleph6ne Iep6rt tlftder40 this subdiisi6n Pri6r t6 making an er6SSIep6rt 6f allegati6ns

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-21- AB518

offilumeial abttse to lavvenforeemertt a-geneiesMladult proteetFesen iees agene) shaH first determine whether there is reasonablesuspieion of tmJ eriminM aeti vit

(2) If an adult proteeti ve sen iees agene) reeei ves a report ofabttse alleged to ha ve oeettlTed in a long teml eare faeilit) thatadttlt proteeti ve sen iees ageney shall immediate) infoml theperson making the report that he or she is required to make thereport to the long term eare ombttdsman program 01 to aloeallawenforeemertt a-geneyThe adttlt proteeti ve sen iees agene) shallnot aeeept the report b) telephone btlt shall fonvMd flit) vvTittenreport leeehed to the long teml eare ornbtldsman

(b) If an adtllt proteetive seniees ageney or loeal lawenforeement agene) or ornbtldsman program reeei vinga report ofkftovm or stlspeeted elder or dependent adttlt MtlSe determinespttrstlartt to its inYestigationthat the flbttseis being eommitted bya health 11aetitioner lieensed tlftder Division 2 (eonJffieneingwithSeetion 500) of the Btlsiness flftdProfessions Code or flit) lelatedinitiatiye aet or by a person ptlrporting to be a lieensee the adtlltproteetive seniees a-gene) or loeallaw enforeement agene) orombttdsman program shall immediate) or as soon as praetieall)possible report this mformation to the appropriate lieensingagene) The lieensing agene) shall investigate the report in lightof the poterttial fur ph) sieal hamlThe trMlsmittfllof informationto the appropriate lieensing agene) shall not relieve the adtlltproteethe serviees agene) or loeallaw enforeement agene) orornbtldsmflft program of the responsibility to eorttinue its 0~vninvestigation as reqttired tlftder applieable provisions of law Theinformation reported pttrstlant to this paragraph shall remaineoniiderttial flItdshfl11not be diselosed

(e) A loealla bullbull enforeement agefte) shall immediate) or assoon as praetieal) possible report b) telephone to the long termeare ombtldsman program bullbullhen the abtlse is alleged to haveoeetllTed in a long term eare faeilit) or to the eotlnt) adttltproteetive seniees agene) bullbullhen it is alleged to have oeeUlfedan) vvhere else flftd to the agene) gh en responsibilit) for theinvestigation of eases of elder and dependent adttlt abtlse everykftovm or stlspeeted instflftee of MtlSe of an elder or dependerttadttlt A loeallaw enforeement ageney shall also send a Ylfittenreport thereof bullbullithin ftv0 vvorking dfl)s ofreeei ving the infomlation

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AB518 -22-

eoneeming the ineident to an agenC) to vvhieh it is reqtlired toftutke a telephone report tlIlderthis stlbdh ision

Ed) A long tenn eare ombttdsman eoordinator mll) report theinstlllleeof abtlse to the eot1llryadttlt proteetive seniees ageneyor to the loeal la bullbull enforeement agenC) for assistlllleein theinvestigationof the abttse if the vietim gives his or her eonsent Along tenn eMe ombtldsmllllprogram llIldthe Lieensing llIldCertifieation Division of the State DepMtment ofIIealth Senieesshall immediately report b telephone llIldin vvriting vvithin hiv0tv orkingdll) s to the bm eatl an instlllleeof negleet oeet1ffingin ahealth eare faeiliry that has seriotlsl hMmed an patient orreasonably appeMs to present a seriotls threat to the health orph sieal vvell being of a patient in that ffteiliry If a J ietim orpotential TV ietim of the neglect vithholds eonsent to being identifiedin that report the report shall eontain eirettmstlllltialinformationabom the negleet bm shall not identif) that vietim or potentialvietim and the bttreatl llIldthe reporting agenC) shall maintain theeoniidentialiry of the report tlntil the report beeomes a matter ofptlblie reeord

Ee) hen a eotlllryadttlt proteeti ve sen iees agenC) a long termeare ombtldsman program or a loeal la enforeement ageneyreeeives a report ofabttse negleet or ablllldonmentofllllelder ordependent adttlt alleged to have oeet1ffedin a long term earefaeiliry that eotlnty adtllt proteeti ve sen iees agenC) long termeare ombtldsmlllleoordinator or loeallavv enforeement ageneyshall report the ineident to the lieensing agene b telephone assoon as possible

ED COtl1lt)adtllt proteetive seniees ageneies long term eareombttdsman programs and 10ea1lavvenforeement ageneies shallreport the restllts of their investigations of referrals or reports ofabtlse to the respeetive referring or reporting ageneies

Eg) This seetion shall beeome operative on JllIlt1flry12013SEC 9 Section 156555 of the Welfare and Institutions Code

as amended by Section 11 of Chapter 140 of the Statutes of 2005is amended to read

156555 A county adult protective services agency shallprovide the organizations listed in paragraphs (v) (w) and (x) ofSection 1561017 and mandated reporters of suspected financialabuse of an elder or dependent adult pursuant to Section 156301with instructional materials regarding abuse and neglect of an elder

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1 or dependent adult and their obligation to report under this chapter2 At a minimum the instructional materials shall include the3 following4 (a) An explanation of abuse and neglect of an elder or dependent

adult as defined in this chapter6 (b) Information on how to recognize potential abuse and neglect7 of an elder or dependent adult8 (c) Information on how the county adult protective services9 agency investigates reports of known or suspected abuse and

neglect11 (d) Instructions on how to report known or suspected incidents12 of abuse and neglect including the appropriate telephone numbers13 to call and what types of information would assist the county adult14 protective services agency with its investigation of the report

(e) This seetion shall remain in eifcet only tlfttil Jflfttlttry 1 201316 and as of that date is repealed tmless a later enaeted stattlte that17 is enaeted before Jafttlttry 12013 deletes or extends that date18 SEC 10 Section 156555 of the Welfareand Institutions Code19 as amended by Section 712 of Chapter 538 of the Statutes of2006

is repealed21 156555 A eottftt) achtlt proteetive serviees agene) shall22 pmvide the organi2ations listed in paragraphs (v) (vv) and Ex) of23 Seetion 1561017 with instItletional materials regarding elder and24 dependent achtlt abtlse and negleet and their obligation to report

under this ehapter At a minimum the instruetional materials shall26 inelude the follovving27 (a) An explanation of elder and dependent achtlt abuse and28 negleet as defined in this ehapter29 (b) Information on how to reeogni2e potential elder and

dependent achtlt abuse and negleet31 (e) Information on ho vIthe eottftt) achtlt proteeti ve serv iees32 agene) investigates reports of knovm or suspeeted abuse and33 negleet34 (d) Instmetions on hovv to report ]movvn or suspeeted ineidents

of abuse and negleet ineltlding the appropriate telephone llt11llbers36 to eall and what rypes of information vvould assist the eount) adult37 proteetirv e sen iees agene) with its in (estigation of the report38 (e) This seetion shall beeome operati e on January I 20 13

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AB 608 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 608Pan

Health care coverage telemedicine

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to health care

httpwww1eginfocagovpubII-12Ibillasmab_0601-0650ab _608_ bill_ 20120201_status 652012

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AB 783 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 783AUTHOR(S) HayashiTOPIC Professional corporations licensed physical therapists

and occupational therapists+LAST AMENDED DATE 04072011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

COMMCOMMCOMM

HIST ACT DATEHIST ACTION

From committeeRule 62(a)

LOCATION SENACTION DATEACTION

06282011In committee Set second hearing Failed passagewithout further action pursuant to Joint

LASTLAST

BUSINESS PROFESSIONS AND ECONOMIC DEVELOPMENT06272011

Set second hearing Failed passage in Committee

TITLE An act to amend Section 2406 of the Business andProfessions Code and to amend Section 134015 of theCorporations Code relating to professional corporations

httpwwwleginfocagovpub11-12billasmab_0751-0800ab_783_bill_20111115_status 652012

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AMENDED IN ASSEMBLY APRIL 7 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 783

Introduced by Assembly Member Hayashi

February 172011

An act to amend Section 2406 of the Business and Professions Codeand to amend Section 134015 of the Corporations Code relating toprofcssiemal eorporations and deelaring the mgeney thereof to tttkeeffeet immediatelyprofessional corporations

LEGISLATIVE COUNSELS DIGEST

AB 783 as amended Hayashi Professional corporations licensedphysical therapists and occupational therapists

Existing law regulating professional corporations provides that certainhealing arts practitioners may be shareholders officers directors orprofessional employees of a medical corporation-er-a podiatric medicalcorporation or a chiropractic corporation subject to certain limitations

This bill would add licensed physical therapists and licensedoccupational therapists to the list of healing arts practitioners who maybe shareholders officers directors or professional employees of thosecorporations The bill would also make conforming changes to a relatedprovision

This bill vv otlld deelare that it is to take etteet immediately as anmgeney statttte

Vote -majority Appropriation no Fiscal committee noState-mandated local program no

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Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 2406 of the Business and Professions2 Code is amended to read3 2406 A medical corporation or podiatry corporation is a4 corporation that is authorized to render professional services as

defined in Sections 13401 and 134015 ofthe Corporations Code6 so long as that corporation and its shareholders officers directors7 and employees rendering professional services who are physicians8 and surgeons psychologists registered nurses optometrists9 podiatrists chiropractors acupuncturists naturopathic doctors

physical therapists or in the case of a medical corporation only11 physician assistants marriage and family therapists or clinical12 social workers are in compliance with the Moscone-Knox13 Professional Corporation Act the provisions of this article and all14 other statutes and regulations now or hereafter enacted or adopted

pertaining to the corporation and the conduct of its affairs16 With respect to a medical corporation or podiatry corporation17 the governmental agency referred to in the Moscone-Knox18 Professional Corporation Act is the board19 SEC 2 Section 134015 of the Corporations Code is amended

to read21 134015 Notwithstanding subdivision (d) of Section 1340122 and any other provision of law the following licensed persons23 may be shareholders officers directors or professional employees24 of the professional corporations designated in this section so long

as the sum of all shares owned by those licensed persons does not26 exceed 49 percent ofthe total number of shares of the professional27 corporation so designated herein and so long as the number of28 those licensed persons owning shares in the professional29 corporation so designated herein does not exceed the number of

persons licensed by the governmental agency regulating the31 designated professional corporation32 (a) Medical corporation33 (1) Licensed doctors of podiatric medicine34 (2) Licensed psychologists

(3) Registered nurses36 (4) Licensed optometrists37 (5) Licensed marriage and family therapists38 (6) Licensed clinical social workers

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-3-

(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists(10) Naturopathic doctors(11) Licensed physical therapists(12)Licensed occupational therapists(b) Podiatric medical corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed optometrists(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(8) Licensed physical therapists(9) Licensed occupational therapists(c) Psychological corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Registered nurses(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed chiropractors(8) Licensed acupuncturists(9) Naturopathic doctors(d) Speech-language pathology corporation(1) Licensed audiologists(e) Audiology corporation(1) Licensed speech-language pathologists(t) Nursing corporation(l) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists

AB783

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AB783 -4-

(10) Naturopathic doctors(g) Marriage and family therapy corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed clinical social workers(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(h) Licensed clinical social worker corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed marriage and family therapists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(i) Physician assistants corporation(1) Licensed physicians and surgeons(2) Registered nurses(3) Licensed acupuncturists(4) Naturopathic doctorsG) Optometric corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(k) Chiropractic corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed acupuncturists(9) Naturopathic doctors

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-5- AB783

(10) Licensed physical therapists(11) Licensed occupational therapists(l) Acupuncture corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed physician assistants(9) Licensed chiropractors(10) Naturopathic doctors(m) Naturopathic doctor corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed physician assistants(5) Licensed chiropractors(6) Licensed acupuncturists(7) Licensed physical therapists(8) Licensed doctors of podiatric medicine(9) Licensed marriage family and child counselors(10) Licensed clinical social workers(11) Licensed optometrists(n) Dental corporation(1) Licensed physicians and surgeons(2) Dental assistants(3) Registered dental assistants(4) Registered dental assistants in extended functions(5) Registered dental hygienists(6) Registered dental hygienists in extended functions(7) Registered dental hygienists in alternative practiceSEC 3 This aet is Ml ttrgene statttte neeessary for the

immediatepresenation of the ptlblie peaee hettlihor saferyvvithinthe meMling of Miele IV of the Constittttion Mld shaHgo intoimmediate effeet The fftets eonstitttting the neeessiry Me

In order to 8t1thorizelieensed physieal therapists to beshareholders offieers mreetors or professional employees of

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AD7S3 -6-

1 memeal eorpofatiofts andpodiatrie medieal eorpofatiofts as soOft2 as possible it is fteeessary that this aet tftke dIeet immediately

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AB 800 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 800Huber

Boards and commissions time reporting

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to add Section 1156410 to the Government Coderelating to boards and commissions

httpwwwleginfocagovpubI11-12billasmlab_0751-0800ab _800_ bill_20120201_status 652012

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AB 958 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 958Bill Berryhill

Regulatory boards limitations periods

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to Art IV Sec 10(e) of theFrom committee Filed with the Chiefto Joint Rule 56BUSINESS PROFESSIONS AND CONSUMER PROTECTION

TITLE An act to add Section 1105 to and to repeal Sections16702 22305 296005 3137 375051 498205499032 5561 5661 76865 988420 and 98898 of theBusiness and Professions Code relating to regulatoryboards

httpwwwleginfocagovpub11-12lbillasmlab_0951-1 OOOab_958 _bill_ 20120202_ status 652012

AB 1003 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 1003Smyth

Professional and vocational licenses

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to professional and vocational licenses

httpwwwleginfocagovpubll-12Ibillasmlab_l00l-l 050ab_1003 _bill_2012020 I_statu 652012

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AB 1205 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1205AUTHOR(S) Bill BerryhillTOPIC Licensed behavior analysts+LAST AMENDED DATE 04042011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to amend Section 499018 of and to add Chapter52 (commencing with Section 252971) to Division 2 ofthe Business and Professions Code relating to healingarts

httpwwwleginfocagovpub11-12billasmab _120 1-1250ab_1205 _bill_20 120201_statu 652012

AB 1435 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1435AUTHOR(S) Dickinson (Coauthors Alejo Buchanan and Hill) TOPIC Child abuse reporting athletic personnelHOUSE LOCATION SEN+LAST AMENDED DATE OS252012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredState-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS for

LASTLAST

APPROPRIATIONSOS252012

Do pass as amendedAyes 17 Noes OOPASS

TITLE An act to amend Section 111657 of the Penal Coderelating to child abuse reporting

httpwww1eginfocagovpub11-12lbiIVasmab_140 1-1450ab _1435 _bill~0120601_statu 652012

AMENDED IN ASSEMBLY MAY 25 2012

AMENDED IN ASSEMBLY MARCH 21 2012

AMENDED IN ASSEMBLY MARCH 142012

AMENDED IN ASSEMBLY FEBRUARY 29 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1435

Introduced by Assembly Member Dickinson(Coauthors Assembly Members Alejo Buchanan and Hill)

January 4 2012

An act to amend Section 111657 of the Penal Code relating to childabuse reporting

LEGISLATIVE COUNSELS DIGEST

AB 1435 as amended Dickinson Child abuse reporting athleticpersonnel

Existing law the Child Abuse and Neglect Reporting Act requiresa mandated reporter as defined to report whenever he or she in his orher professional capacity or within the scope of his or her employmenthas knowledge of or observed a child whom the mandated reporterknows or reasonably suspects has been the victim of child abuse orneglect Failure to report an incident is a crime punishable byimprisonment in a county jail for a period of up to 6 months a fine ofup to $1000 or by both that imprisonment and fine

This bill would add athletic coaches athletic administrators andathletic directors employed by a public or private organization to thelist of individuals who are mandated reporters The bill otlld reqtlirean ptlblie or pri v ate orgflftizationernplo ing flftathletieeoaen Mhletie

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AB 1435 -2-

ftdministrator or Mhletie direetor to hftve provided initiftl trftining byJflfttlM) I 2014 on speeified mfttters relMing to ehiM a-bttse ftftdnegleetfor those employees On ftftd ftfter lftnuftry 12014 the bill vvottld reeJtlireinitiftl trftining to be pro vided IV ithin 6 months of the dMe ftn indi vidttftlbeeomes employed in thM eftlfteiry The bill vvouM require theseindividuftls to eomplete eontifttling tminmg every 2 yeMs

By imposing the reporting requirements on a new class of personsfor whom failure to report specified conduct is a crime ftftdby imposingne~ trftining reeJtlirements on publie oIgftfiiZMions ineluding loeftlgOvernment entities this bill would impose a state-mandated localprogram

The Cftlifomift Constittltion reqtlires the stMe to reimbtlfse loeftlftgeneies ftnd sehool distriets for eertftin eosts mftftdMed by the stftteStftttltory pItYvisions esffiblish proeedtlfes for mftkffigthftt reimbtlfsement

This bill hould pro vide thM 4vith regMd to eertftin mftftdfttes noIeimbtlfsement is reeJtlired by this ftet for ft speeified reftson

Vith regftM to ftny other mftndMeS this bill vv0tlM pro vide thM if theCommission on StMe ~bndtltes determines thM the bill eontftins eostsso mftndftted by the stftte reimbttIsement for those eosts shftll be mftdeptlfStlftnt to the stftttltory pro visions noted ttbo ve

The California Constitution requires the state to reimburse localagencies and school districts for certain costs mandated by the stateStatutory provisions establish procedures for making thatreimbursement

This bill would provide that no reimbursement is required by this actfor a specified reason

Vote majority Appropriation no Fiscal committee yesState-mandated local program yes

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 111657 of the Penal Code is amended2 to read3 111657 (a) As used in this article mandated reporter is4 defined as any of the following5 (1) A teacher6 (2) An instructional aide7 (3) A teachers aide or teachers assistant employed by any8 public or private schooL9 (4) A classified employee of any public schooL

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1 (5) An administrative officer or supervisor of child welfare and2 attendance or a certificated pupil personnel employee of any public3 or private school4 (6) An administrator of a public or private day camp

(7) An administrator or employee of a public or private youth6 center youth recreation program or youth organization7 (8) An administrator or employee of a public or private8 organization whose duties require direct contact and supervision9 of children

(9) Any employee of a county office of education or the State11 Department of Education whose duties bring the employee into12 contact with children on a regular basis13 (10) A licensee an administrator or an employee of a licensed14 community care or child day care facility

(11) A Head Start program teacher16 (12) A licensing worker or licensing evaluator employed by a17 licensing agency as defined in Section 111651118 (13) A public assistance worker19 (14) An employee of a child care institution including but not

limited to foster parents group home personnel and personnel of21 residential care facilities22 (15) A social worker probation officer or parole officer23 (16) An employee of a school district police or security24 department

(17) Any person who is an administrator or presenter of or a26 counselor in a child abuse prevention program in any public or27 private school28 (18) A district attorney investigator inspector or local child29 support agency caseworker unless the investigator inspector or

caseworker is working with an attorney appointed pursuant to31 Section 317 of the Welfare and Institutions Code to represent a32 mmor33 (19) A peace officer as defined in Chapter 45 (commencing34 with Section 830) of Title 3 of Part 2 who is not otherwise

described in this section36 (20) A firefighter except for volunteer firefighters37 (21) A physician and surgeon psychiatrist psychologist dentist38 resident intern podiatrist chiropractor licensed nurse dental39 hygienist optometrist marriage and family therapist clinical social

worker professional clinical counselor or any other person who

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AB 1435 -4-

is currently licensed under Division 2 (commencing with Section500) of the Business and Professions Code

(22) Any emergency medical technician I or II paramedic orother person certified pursuant to Division 25 (commencing withSection 1797) of the Health and Safety Code

(23) A psychological assistant registered pursuant to Section2913 of the Business and Professions Code

(24) A marriage and family therapist trainee as defined insubdivision (c) of Section 498003 of the Business and ProfessionsCode

(25) An unlicensed marriage and family therapist internregistered under Section 498044 of the Business and ProfessionsCode

(26) A state or county public health employee who treats a minorfor venereal disease or any other condition

(27) A coroner(28) A medical examiner or any other person who performs

autopsies(29) A commercial film and photographic print processor as

specified in subdivision (e) of Section 11166 As used in thisarticle commercial film and photographic print processor meansany person who develops exposed photographic film into negativesslides or prints or who makes prints from negatives or slides forcompensation The term includes any employee of such a personit does not include a person who develops film or makes prints fora public agency

(30) A child visitation monitor As used in this article childvisitation monitor means any person who for financialcompensation acts as monitor of a visit between a child and anyother person when the monitoring of that visit has been orderedby a court of law

(31) An animal control officer or humane society officer Forthe purposes ofthis article the following terms have the followingmeanings

(A) Animal control officer means any person employed by acity county or city and county for the purpose of enforcing animalcontrol laws or regulations

(B) Humane society officer means any person appointed oremployed by a public or private entity as a humane officer who is

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-5- AB 1435

qualified pursuant to Section 14502 or 14503 of the CorporationsCode

(32) A clergy member as specified in subdivision (d) of Section11166 As used in this article clergy member means a priestminister rabbi religious practitioner or similar functionary of achurch temple or recognized denomination or organization

(33) Any custodian of records of a clergy member as specifiedin this section and subdivision (d) of Section 11166

(34) Any employee of any police department county sheriffsdepartment county probation department or county welfaredepartment

(35) An employee or volunteer of a Court Appointed SpecialAdvocate program as defined in Rule 1424 ofthe California Rulesof Court

(36) A custodial officer as defined in Section 8315(37) Any person providing services to a minor child under

Section 12300 or 123001 of the Welfare and Institutions Code(38) An alcohol and drug counselor As used in this article an

alcohol and drug counselor is a person providing counselingtherapy or other clinical services for a state licensed or certifieddrug alcohol or drug and alcohol treatment program Howeveralcohol or drug abuse or both alcohol and drug abuse is not inand of itself a sufficient basis for reporting child abuse or neglect

(39) A clinical counselor trainee as defined in subdivision (g)of Section 499912 of the Business and Professions Code

(40) A clinical counselor intern registered under Section 499942of the Business and Professions Code

(41) An athletic coach athletic administrator or athletic directoremployed by a public or private organization including but notlimited to schools and instittttions of higher e6ueation thatprovidekindergarten or any of grades 1 to 12 inclusive

(b) Except as provided in paragraph (35) of subdivision (a)volunteers of public or private organizations whose duties requiredirect contact with and supervision of children are not mandatedreporters but are encouraged to obtain training in the identificationand reporting of child abuse and neglect and are further encouragedto report known or suspected instances of child abuse or neglectto an agency specified in Section 111659

(c) Employers are strongly encouraged to provide theiremployees who are mandated reporters with training in the duties

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AB 1435 -6-

imposed by this article This training shall include training in childabuse and neglect identification and training in child abuse andneglect reporting Whether or not employers provide theiremployees with training in child abuse and neglect identificationand reporting the employers shall provide their employees whoare mandated reporters with the statement required pursuant tosubdivision (a) of Section 111665

(d) School districts that do not train their employees specifiedin subdivision (a) in the duties of mandated reporters under thechild abuse reporting laws shall report to the State Department ofEducation the reasons why this training is not provided

(e) Unless otherwise specifically provided the absence oftraining shall not excuse a mandated reporter from the dutiesimposed by this article

(f) Public and private organizations are encouraged to providetheir volunteers whose duties require direct contact with andsupervision of children with training in the identification andreporting of child abuse and neglect

(g) (1) On 6r befure Jttmtary 1 2014 ttll) pttblie 6r privflie6rganizttti6ftemp16ing ttft Mhletie e6tteh Mhletie ttdmimstrltt6r6r Mhletie direet6r ttSspeeified ift pMttgrttph (41) 6f sttbdivisi6ft(tt) shttll pr6 vide iftitittl trttining f6r th6se empl~ ees 6n thefull6vvingmtttters

(A) The identifiettti6n 6f ehild ttbttse ttnd negleet(D) Aeti vities thttt e6ftstitttte inltppr6prittte ttftd illegttl e6ntttet

betiveen tt 6tlth ltftd ltft ttthietie e6tteh Mhletie ttdmiftistrttt6r 6rttthietie direet6r

(6) The resp6nsibilities 6f tt pers6n identified lIStt mttndfliedrep6rter in this seeti6n ineIttding btl ft6t limited t6 ttll 6f thefull6 vving

(i) T6 ~h6m tt rep6rt is reqtlired t6 be mttde(ii) The inf6rmttti6n thttt is reqttired t6 be ifte1ttdedin tt rep6rt(iii) The time vvithiftvvhieha mandated rep6rter is reqttired t6

file tt rep6rt(2) Initittl training shall be pr6vided b perS6ftSkn6vvledgeltble

ift the identifiettti6n 6fehild aettse ttnd negleet inltppf6prittte ltftdillegal e6ntaet bem eena 6ttth and ltftadttIt ltftdstatttt6ry rep6rtingreqttiremeftts ltftdshttll e6nsist 6ftw6 h6ttrs 6felassr66m 6r 6therinteraetive trainiftg ltftdedttettti6n

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-7- AB 1435

1 (h) Commeneing on fmd aftel Jfmtlftry12014 fmofgfmization2 speeified in sttbdivision (g) shaHpro ide initial training within six3 months of the date that fm individtutl beeomes empleryed as an4 Mhletie eoaeh athletie administrator or athletie direetor ttnless5 the indi idttal reeei ed training Hithin tw0 years prior to the date6 the indi idtlal is empleryed An Mhletie eoaeh athletie7 administrator or athletie direetor Hho has leeeied initial training8 ptlfStlafttto sttbdiision (g) shall eomplete eontifttling training9 thereafter onee eery two years eonsisting of one hottf of

10 elassroom or other interaeti e training fmd edtteation11 SEC 2 No reimbtlrsement is reqtlired by this aet pttfStlafttto12 Seetion 6 ofArtiele )GIlD of the California Constitution for eertain13 eosts that may be inetllTed by a loeal ageney or sehool distriet14 beeatlse ift that regard this aet ereates a nev erime or infraetion15 eliminates a erime or infraetion or ehfmges the penalty fOfa erime16 or inflaetion Hithin the meaning of Seetion 17556 of the17 Goemment Code or ehanges the definition ofa elime Hithin the18 meaning of Seetion 6 of Aniele XIII D of the Califomia19 Constitution20 IIo~eer if the Commission on State Mfmdates determines that21 this aet eontainsother eosts mfmdated by the state reimbttfsement22 to loeal ageneies fmd sehool distliets for those eosts shall be made23 ptlfStlafttto Part 7 (eommeneing Hith Seetion 17500) of Division24 4 of Title 2 of the Goemment Code25 SEC 2 No reimbursement is required by this act pursuant to26 Section 6 of Article XIII B of the California Constitution because27 the only costs that may be incurred by a local agency or school28 district will be incurred because this act creates a new crime or29 infraction eliminates a crime or infraction or changes thepenalty30 for a crime or infraction within the meaning of Section 17556 of31 the Government Code or changes the definition of a crime within32 the meaning of Section 6 of Article XIII B of the California33 Constitution

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95

AB 1904 Assembly Bill Status

MEASURE AUTHOR(S)TOPIC

HOUSE

CURRENT BILL STATUS

AB No 1904Block Butler and

Professions and vocationslicenses

LOCATION

Cookmilitary spouses temporary

TYPE OF BILL

SEN

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyAppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpub11-12billasmab _1901-1950ab _1904_ bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes Noes OOPASS17

An act to add Section 1155 to the Business andProfessions Code relating to professions and vocationsand making an appropriation therefor

-

AB 1588 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1588AUTHOR(S) Atkins (Principal coauthors Cook and Nielsen)

(Coauthors Block Beth Gaines Pan V Manuel PerezWilliams and Yamada)

TOPIC Professions and vocations reservist licensees fees andcontinuing education

HOUSE LOCATION SEN+LAST AMENDED DATE 03052012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS forLAST

LAST

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

TITLE An act to add Section 1143 to the Business andProfessions Code relating to professions and vocations

htlpllwwwleginfocagovpubll-12Ibillasmlab _1551-1600ab _1588 _bill_20120601_statu 652012

middot

AMENDED IN ASSEMBLY MARCH 5 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1588

Introduced by Assembly Member Atkins(Principal coauthors Assembly Members Cook and Nielsen)

(Coauthors Assembly Members Block Beth Gaines PanV Manuel Perez Williams and Yamada)

February 6 2012

An act to add Section 1143 to the Business and Professions Coderelating to professions and vocations

LEGISLATIVE COUNSELS DIGEST

AB 1588 as amended Atkins Professions and vocations reservistlicensees fees and continuing education

Existing law provides for the regulation of various professions andvocations by boards commissions or bureaus within the Departmentof Consumer Affairs and for the licensure or registration of individualsin that regard Existing law authorizes any licensee whose licenseexpired while he or she was on active duty as a member of the CaliforniaNational Guard or the United States Armed Forces to reinstate his orher license without examination or penalty if certain requirements aremet

This bill would require the boards commissions or bureaus describedabove to waive the renewal fees and continuing education requirementsif either is applicable of any licensee or registrant who is a reservistcalled to active duty as a member of the United States Military Reserveor the California National Guard if certain requirements are met

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

98

AB 1588 -2-

Thepeople of the State of Califomi a do enact asfollows

1 SECTION 1 Section 1143 is added to the Business and2 Professions Code to read3 1143 Notwithstanding any other provision oflaw everyboard4 commission or bureau within the department shall waive the5 renewal fees and continuing education requirements if either is6 applicable for any licensee or registrant who is a reservist called7 to active duty as a member of the United States Military Reserve8 or the California National Guard if all of the following9 requirements are met

10 (a) The licensee or registrant was in good standing with the11 board commission or bureau at the time the reservist was called12 to active duty13 (b) The renewal fees or continuing education requirements are14 waived only for the period during which the reservist is on active15 duty service16 (c) The active duty reservist or the active duty reservists spouse17 or registered domestic partner provides written notice satisfactory18 to the board commission or bureau that substantiates the19 reservists active duty service

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98

AB 1896 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1896AUTHOR(S) ChesbroTOPIC Tribal health programs health care practitionersHOUSE LOCATION SEN+LAST AMENDED DATE 03272012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATIONCOMM ACTION DATECOMM ACTIONCOMM VOTE SUMMARY

ASM

05172012Referred to Com on B P amp EDBUSINESS PROFESSIONS AND CONSUMER PROTECTION04102012

Do passAyes 09 Noes OOPASS

TITLE An act to amend the heading of Article 10 (commencingwith Section 710) of Chapter 1 of Division 2 of and toadd Section 719 to the Business and Professions Coderelating to healing arts

httpwwwleginfocagovpubI11-12lbillasmab_1851-1900ab_1896_bill_20120517 _statu 652012

-

AMENDED IN ASSEMBLY MARCH 27 2012

CALIFORNIA LEGISLATURE-20II-12 REGULAR SESSION

ASSEMBLY BILL No 1896

Introduced by Assembly Member Chesbro

February 222012

An act to amend the heading of Article 10 (commencing with Section710) of Chapter 1 of Division 2 of and to add Section 719 to theBusiness and Professions Code relating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1896 as amended Chesbro Tribal health programs health carepractitioners

Under existing federal law licensed health professionals employedby a tribal health program are required to be exempt if licensed in anystate from the licensing requirements of the state in which the tribalhealth program performs specified services A tribal health program isdefined as an Indian tribe or tribal organization that operates any healthprogram service function activity or facility funded in whole or partby the Indian Health Service

Existing law provides for the licensure and regulation of health carepractitioners by various healing arts boards within the Department ofConsumer Affairs

This bill would codify that federal requirement by specifying that aperson who is licensed as a health care practitioner in any other stateand is employed by a tribal health program is exempt from any statelicensing requirement with respect to acts authorized under thepersonslicense where the tribal health program performs specified services

Vote majority Appropriation no Fiscal committee noState-mandated local program no

98

AD 1896 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 The heading of Article 10 (commencing with2 Section 710) of Chapter 1 of Division 2 of the Business and3 Professions Code is amended to read456789

101112131415161718192021

Article 10 Federal Personnel and Tribal Health Programs

SEC 2 Section 719 is added to the Business and ProfessionsCode to read

719 (a) A person who is licensed as a health care practitionerin any other state and is employed by a tribal health program asdefined in Section 1603 of Title 25 of the United States Code shallbe exempt from any licensing requirement described in this divisionwith respect to acts authorized under the persons license wherethe tribal health program performs the services described in thecontract or compact of the tribal health program under the IndianSelf-Determination and Education Assistance Act (25 USC Sec450 et seq)

(b) For purposes of this section health care practitioner meansany person who engages in acts that are the subject of licensureor regulation under this division or Ml) initiative 8et referred to inthis division the law of any other state

o

98

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1904

Introduced by Assembly Members Block Butler and Cook

February 222012

An act to add Section 1155 to the Business and Professions Coderelating to professions and vocations and making an appropriationtherefor

LEGISLATIVE COUNSELS DIGEST

AB 1904 as introduced Block Professions and vocations militaryspouses temporary licenses

Existing law provides for the licensure and regulation of variousprofessions and vocations by boards within the Department of ConsumerAffairs Existing law provides for the issuance of reciprocal licenses incertain fields where the applicant among other requirements has alicense to practice within that field in another jurisdiction as specifiedUnder existing law licensing fees imposed by certain boards withinthe department are deposited in funds that are continuously appropriated

This bill would authorize a board within the department to issue atemporary license to an applicant who among other requirements holdsan equivalent license in another jurisdiction as specified and is marriedto or in a legal union with an active duty member of the Armed Forcesofthe United States who is assigned to a duty station in California underofficial active duty military orders The bill would require a board toexpedite the process for issuing these temporary licenses The bill wouldrequire the applicant to pay any fees required by the board and wouldrequire that those fees be deposited in the fund used by the board toadminister its licensing program To the extent that the bill would

99

AB 1904 -2-

increase the amount of money deposited into a continuously appropriatedfund the bill would make an appropriation

Vote majority Appropriation yes Fiscal committee yesState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 1155 is added to the Business and2 Professions Code to read3 1155 (a) A board within the department may issue a4 temporary license to an applicant who meets all of the following5 requirements6 (l) Submits an application in the manner prescribed by the7 board8 (2) Supplies evidence satisfactory to the board that the applicant9 is married to or in a domestic partnership or other legal union

10 with an active duty member of the Armed Forces of the United11 States who is assigned to a duty station in this state under official12 active duty military orders13 (3) Holds a current license in another state district or territory14 of the United States with the requirements that the board determines15 are substantially equivalent to those established under this code16 for that occupation17 (4) Has not committed an act in anyjurisdiction that would have18 constituted grounds for denial suspension or revocation of the19 license under this code at the time the act was committed20 (5) Has not been disciplined by a licensing entity in another21 jurisdiction and is not the subject of an unresolved complaint22 review procedure or disciplinary proceeding conducted by a23 licensing entity in another jurisdiction24 (6) Pays any fees required by the board Those fees shall be25 deposited in the applicable fund or account used by the board to26 administer its licensing program27 (7) Submits fingerprints and any applicable fingerprinting fee28 in the manner required of an applicant for a regular license29 (b) A board shall expedite the procedure for issuing a temporary30 license pursuant to this section31 (c) A temporary license issued under this section shall be valid32 for 180 days except that the license may at the discretion of the

99

-3- AB 1904

I board be extended for an additional180-day period on application2 of the license holder3 (d) A board may adopt regulations necessary to administer this4 section

o

99

AB 1932 Assembly Bill Status

MEASURE AUTHOR(S)TOPICHOUSE+LAST

CURRENT BILL STATUS

AB No 1932Gorell (Coauthor Cook)

United States armed services healing arts boardsLOCATION SENAMENDED DATE 04172012

TYPE OF BILL

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpubI11-12Ibillasmab_1901-1950ab_1932_bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

An act to add Section 7102 to the Business andProfessions Code relating to healing arts

-

AMENDED IN ASSEMBLY APRIL 172012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1932

Introduced by Assembly Member-Ceek Gorell(Coauthor Assembly Member Cook)

February 222012

An act to add Section 7102 to the Business and Professions Coderelating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1932 as amended euroook Gorell United States armed serviceshealing arts boards

Existing law provides for the licensure and regulation of varioushealing arts professions and vocations by boards within the Departmentof Consumer Affairs Existing law requires the rules and regulations ofthese healing arts boards to provide for methods of evaluating educationtraining and experience obtained in military service if such training isapplicable to the requirements of the particular profession or vocationregulated by the board Under existing law the Department of VeteransAffairs has specified powers and duties relating to various programsserving veterans

This bill would require by January 12014 and annually thereafterevery healing arts board to issue a specified written report to theDepartment of Veterans Affairs and the Legislature as specified thatclearly details the methods of evaluating the education training andexperience obtained in military service and whether that educationtraining and experience is applicable to the boards requirements forlicensure The bill would declare the intent of the Legislature in thisregard

98

AB 1932 -2-

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 710 of the Business and Professions Code2 was enacted in 1969 and because healing arts boards have not3 demonstrated significant compliance with that section it is the4 intent of the Legislature to establish an annual reporting5 requirement to compel these boards to provide information about6 the methods of evaluating education training and experience7 obtained in military service in order to meet the needs of the8 upcoming wave of armed service members returning to civilian9 life

10 SEC 2 Section 7102 is added to the Business and Professions11 Code to read12 7102 (a) By January 12014 and annually thereafter every13 healing arts board described in this division shall issue a written14 report to the Department of Veterans Affairs and to the Legislature15 that clearly details the methods of evaluating the education16 training and experience obtained in military service and whether17 that education training and experience is applicable to the boards18 requirements for licensure This written report shall include but19 not be limited to quantitative information about the number of20 service members who have applied for and have used their military21 education training and experience to fulfill the boards22 requirements for licensure23 (b) (1) The requirement to submit a report to the Legislature24 under subdivision (a) shall be inoperative on January 1 201825 pursuant to Section 102315 of the Government Code26 (2) A report to the Legislature shall be submitted in compliance27 with Section 9795 of the Government Code

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98

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      • AGENDA ITEM 4
      • DISCUSSION AND POSSIBLE ACTION REGARDING PENDING LEGISLATION
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101112131415161718192021222324252627282930313233343536373839

-21- AB518

offilumeial abttse to lavvenforeemertt a-geneiesMladult proteetFesen iees agene) shaH first determine whether there is reasonablesuspieion of tmJ eriminM aeti vit

(2) If an adult proteeti ve sen iees agene) reeei ves a report ofabttse alleged to ha ve oeettlTed in a long teml eare faeilit) thatadttlt proteeti ve sen iees ageney shall immediate) infoml theperson making the report that he or she is required to make thereport to the long term eare ombttdsman program 01 to aloeallawenforeemertt a-geneyThe adttlt proteeti ve sen iees agene) shallnot aeeept the report b) telephone btlt shall fonvMd flit) vvTittenreport leeehed to the long teml eare ornbtldsman

(b) If an adtllt proteetive seniees ageney or loeal lawenforeement agene) or ornbtldsman program reeei vinga report ofkftovm or stlspeeted elder or dependent adttlt MtlSe determinespttrstlartt to its inYestigationthat the flbttseis being eommitted bya health 11aetitioner lieensed tlftder Division 2 (eonJffieneingwithSeetion 500) of the Btlsiness flftdProfessions Code or flit) lelatedinitiatiye aet or by a person ptlrporting to be a lieensee the adtlltproteetive seniees a-gene) or loeallaw enforeement agene) orombttdsman program shall immediate) or as soon as praetieall)possible report this mformation to the appropriate lieensingagene) The lieensing agene) shall investigate the report in lightof the poterttial fur ph) sieal hamlThe trMlsmittfllof informationto the appropriate lieensing agene) shall not relieve the adtlltproteethe serviees agene) or loeallaw enforeement agene) orornbtldsmflft program of the responsibility to eorttinue its 0~vninvestigation as reqttired tlftder applieable provisions of law Theinformation reported pttrstlant to this paragraph shall remaineoniiderttial flItdshfl11not be diselosed

(e) A loealla bullbull enforeement agefte) shall immediate) or assoon as praetieal) possible report b) telephone to the long termeare ombtldsman program bullbullhen the abtlse is alleged to haveoeetllTed in a long term eare faeilit) or to the eotlnt) adttltproteetive seniees agene) bullbullhen it is alleged to have oeeUlfedan) vvhere else flftd to the agene) gh en responsibilit) for theinvestigation of eases of elder and dependent adttlt abtlse everykftovm or stlspeeted instflftee of MtlSe of an elder or dependerttadttlt A loeallaw enforeement ageney shall also send a Ylfittenreport thereof bullbullithin ftv0 vvorking dfl)s ofreeei ving the infomlation

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AB518 -22-

eoneeming the ineident to an agenC) to vvhieh it is reqtlired toftutke a telephone report tlIlderthis stlbdh ision

Ed) A long tenn eare ombttdsman eoordinator mll) report theinstlllleeof abtlse to the eot1llryadttlt proteetive seniees ageneyor to the loeal la bullbull enforeement agenC) for assistlllleein theinvestigationof the abttse if the vietim gives his or her eonsent Along tenn eMe ombtldsmllllprogram llIldthe Lieensing llIldCertifieation Division of the State DepMtment ofIIealth Senieesshall immediately report b telephone llIldin vvriting vvithin hiv0tv orkingdll) s to the bm eatl an instlllleeof negleet oeet1ffingin ahealth eare faeiliry that has seriotlsl hMmed an patient orreasonably appeMs to present a seriotls threat to the health orph sieal vvell being of a patient in that ffteiliry If a J ietim orpotential TV ietim of the neglect vithholds eonsent to being identifiedin that report the report shall eontain eirettmstlllltialinformationabom the negleet bm shall not identif) that vietim or potentialvietim and the bttreatl llIldthe reporting agenC) shall maintain theeoniidentialiry of the report tlntil the report beeomes a matter ofptlblie reeord

Ee) hen a eotlllryadttlt proteeti ve sen iees agenC) a long termeare ombtldsman program or a loeal la enforeement ageneyreeeives a report ofabttse negleet or ablllldonmentofllllelder ordependent adttlt alleged to have oeet1ffedin a long term earefaeiliry that eotlnty adtllt proteeti ve sen iees agenC) long termeare ombtldsmlllleoordinator or loeallavv enforeement ageneyshall report the ineident to the lieensing agene b telephone assoon as possible

ED COtl1lt)adtllt proteetive seniees ageneies long term eareombttdsman programs and 10ea1lavvenforeement ageneies shallreport the restllts of their investigations of referrals or reports ofabtlse to the respeetive referring or reporting ageneies

Eg) This seetion shall beeome operative on JllIlt1flry12013SEC 9 Section 156555 of the Welfare and Institutions Code

as amended by Section 11 of Chapter 140 of the Statutes of 2005is amended to read

156555 A county adult protective services agency shallprovide the organizations listed in paragraphs (v) (w) and (x) ofSection 1561017 and mandated reporters of suspected financialabuse of an elder or dependent adult pursuant to Section 156301with instructional materials regarding abuse and neglect of an elder

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1 or dependent adult and their obligation to report under this chapter2 At a minimum the instructional materials shall include the3 following4 (a) An explanation of abuse and neglect of an elder or dependent

adult as defined in this chapter6 (b) Information on how to recognize potential abuse and neglect7 of an elder or dependent adult8 (c) Information on how the county adult protective services9 agency investigates reports of known or suspected abuse and

neglect11 (d) Instructions on how to report known or suspected incidents12 of abuse and neglect including the appropriate telephone numbers13 to call and what types of information would assist the county adult14 protective services agency with its investigation of the report

(e) This seetion shall remain in eifcet only tlfttil Jflfttlttry 1 201316 and as of that date is repealed tmless a later enaeted stattlte that17 is enaeted before Jafttlttry 12013 deletes or extends that date18 SEC 10 Section 156555 of the Welfareand Institutions Code19 as amended by Section 712 of Chapter 538 of the Statutes of2006

is repealed21 156555 A eottftt) achtlt proteetive serviees agene) shall22 pmvide the organi2ations listed in paragraphs (v) (vv) and Ex) of23 Seetion 1561017 with instItletional materials regarding elder and24 dependent achtlt abtlse and negleet and their obligation to report

under this ehapter At a minimum the instruetional materials shall26 inelude the follovving27 (a) An explanation of elder and dependent achtlt abuse and28 negleet as defined in this ehapter29 (b) Information on how to reeogni2e potential elder and

dependent achtlt abuse and negleet31 (e) Information on ho vIthe eottftt) achtlt proteeti ve serv iees32 agene) investigates reports of knovm or suspeeted abuse and33 negleet34 (d) Instmetions on hovv to report ]movvn or suspeeted ineidents

of abuse and negleet ineltlding the appropriate telephone llt11llbers36 to eall and what rypes of information vvould assist the eount) adult37 proteetirv e sen iees agene) with its in (estigation of the report38 (e) This seetion shall beeome operati e on January I 20 13

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AB 608 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 608Pan

Health care coverage telemedicine

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to health care

httpwww1eginfocagovpubII-12Ibillasmab_0601-0650ab _608_ bill_ 20120201_status 652012

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AB 783 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 783AUTHOR(S) HayashiTOPIC Professional corporations licensed physical therapists

and occupational therapists+LAST AMENDED DATE 04072011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

COMMCOMMCOMM

HIST ACT DATEHIST ACTION

From committeeRule 62(a)

LOCATION SENACTION DATEACTION

06282011In committee Set second hearing Failed passagewithout further action pursuant to Joint

LASTLAST

BUSINESS PROFESSIONS AND ECONOMIC DEVELOPMENT06272011

Set second hearing Failed passage in Committee

TITLE An act to amend Section 2406 of the Business andProfessions Code and to amend Section 134015 of theCorporations Code relating to professional corporations

httpwwwleginfocagovpub11-12billasmab_0751-0800ab_783_bill_20111115_status 652012

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AMENDED IN ASSEMBLY APRIL 7 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 783

Introduced by Assembly Member Hayashi

February 172011

An act to amend Section 2406 of the Business and Professions Codeand to amend Section 134015 of the Corporations Code relating toprofcssiemal eorporations and deelaring the mgeney thereof to tttkeeffeet immediatelyprofessional corporations

LEGISLATIVE COUNSELS DIGEST

AB 783 as amended Hayashi Professional corporations licensedphysical therapists and occupational therapists

Existing law regulating professional corporations provides that certainhealing arts practitioners may be shareholders officers directors orprofessional employees of a medical corporation-er-a podiatric medicalcorporation or a chiropractic corporation subject to certain limitations

This bill would add licensed physical therapists and licensedoccupational therapists to the list of healing arts practitioners who maybe shareholders officers directors or professional employees of thosecorporations The bill would also make conforming changes to a relatedprovision

This bill vv otlld deelare that it is to take etteet immediately as anmgeney statttte

Vote -majority Appropriation no Fiscal committee noState-mandated local program no

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Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 2406 of the Business and Professions2 Code is amended to read3 2406 A medical corporation or podiatry corporation is a4 corporation that is authorized to render professional services as

defined in Sections 13401 and 134015 ofthe Corporations Code6 so long as that corporation and its shareholders officers directors7 and employees rendering professional services who are physicians8 and surgeons psychologists registered nurses optometrists9 podiatrists chiropractors acupuncturists naturopathic doctors

physical therapists or in the case of a medical corporation only11 physician assistants marriage and family therapists or clinical12 social workers are in compliance with the Moscone-Knox13 Professional Corporation Act the provisions of this article and all14 other statutes and regulations now or hereafter enacted or adopted

pertaining to the corporation and the conduct of its affairs16 With respect to a medical corporation or podiatry corporation17 the governmental agency referred to in the Moscone-Knox18 Professional Corporation Act is the board19 SEC 2 Section 134015 of the Corporations Code is amended

to read21 134015 Notwithstanding subdivision (d) of Section 1340122 and any other provision of law the following licensed persons23 may be shareholders officers directors or professional employees24 of the professional corporations designated in this section so long

as the sum of all shares owned by those licensed persons does not26 exceed 49 percent ofthe total number of shares of the professional27 corporation so designated herein and so long as the number of28 those licensed persons owning shares in the professional29 corporation so designated herein does not exceed the number of

persons licensed by the governmental agency regulating the31 designated professional corporation32 (a) Medical corporation33 (1) Licensed doctors of podiatric medicine34 (2) Licensed psychologists

(3) Registered nurses36 (4) Licensed optometrists37 (5) Licensed marriage and family therapists38 (6) Licensed clinical social workers

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-3-

(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists(10) Naturopathic doctors(11) Licensed physical therapists(12)Licensed occupational therapists(b) Podiatric medical corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed optometrists(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(8) Licensed physical therapists(9) Licensed occupational therapists(c) Psychological corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Registered nurses(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed chiropractors(8) Licensed acupuncturists(9) Naturopathic doctors(d) Speech-language pathology corporation(1) Licensed audiologists(e) Audiology corporation(1) Licensed speech-language pathologists(t) Nursing corporation(l) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists

AB783

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AB783 -4-

(10) Naturopathic doctors(g) Marriage and family therapy corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed clinical social workers(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(h) Licensed clinical social worker corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed marriage and family therapists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(i) Physician assistants corporation(1) Licensed physicians and surgeons(2) Registered nurses(3) Licensed acupuncturists(4) Naturopathic doctorsG) Optometric corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(k) Chiropractic corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed acupuncturists(9) Naturopathic doctors

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-5- AB783

(10) Licensed physical therapists(11) Licensed occupational therapists(l) Acupuncture corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed physician assistants(9) Licensed chiropractors(10) Naturopathic doctors(m) Naturopathic doctor corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed physician assistants(5) Licensed chiropractors(6) Licensed acupuncturists(7) Licensed physical therapists(8) Licensed doctors of podiatric medicine(9) Licensed marriage family and child counselors(10) Licensed clinical social workers(11) Licensed optometrists(n) Dental corporation(1) Licensed physicians and surgeons(2) Dental assistants(3) Registered dental assistants(4) Registered dental assistants in extended functions(5) Registered dental hygienists(6) Registered dental hygienists in extended functions(7) Registered dental hygienists in alternative practiceSEC 3 This aet is Ml ttrgene statttte neeessary for the

immediatepresenation of the ptlblie peaee hettlihor saferyvvithinthe meMling of Miele IV of the Constittttion Mld shaHgo intoimmediate effeet The fftets eonstitttting the neeessiry Me

In order to 8t1thorizelieensed physieal therapists to beshareholders offieers mreetors or professional employees of

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AD7S3 -6-

1 memeal eorpofatiofts andpodiatrie medieal eorpofatiofts as soOft2 as possible it is fteeessary that this aet tftke dIeet immediately

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AB 800 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 800Huber

Boards and commissions time reporting

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to add Section 1156410 to the Government Coderelating to boards and commissions

httpwwwleginfocagovpubI11-12billasmlab_0751-0800ab _800_ bill_20120201_status 652012

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AB 958 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 958Bill Berryhill

Regulatory boards limitations periods

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to Art IV Sec 10(e) of theFrom committee Filed with the Chiefto Joint Rule 56BUSINESS PROFESSIONS AND CONSUMER PROTECTION

TITLE An act to add Section 1105 to and to repeal Sections16702 22305 296005 3137 375051 498205499032 5561 5661 76865 988420 and 98898 of theBusiness and Professions Code relating to regulatoryboards

httpwwwleginfocagovpub11-12lbillasmlab_0951-1 OOOab_958 _bill_ 20120202_ status 652012

AB 1003 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 1003Smyth

Professional and vocational licenses

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to professional and vocational licenses

httpwwwleginfocagovpubll-12Ibillasmlab_l00l-l 050ab_1003 _bill_2012020 I_statu 652012

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AB 1205 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1205AUTHOR(S) Bill BerryhillTOPIC Licensed behavior analysts+LAST AMENDED DATE 04042011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to amend Section 499018 of and to add Chapter52 (commencing with Section 252971) to Division 2 ofthe Business and Professions Code relating to healingarts

httpwwwleginfocagovpub11-12billasmab _120 1-1250ab_1205 _bill_20 120201_statu 652012

AB 1435 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1435AUTHOR(S) Dickinson (Coauthors Alejo Buchanan and Hill) TOPIC Child abuse reporting athletic personnelHOUSE LOCATION SEN+LAST AMENDED DATE OS252012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredState-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS for

LASTLAST

APPROPRIATIONSOS252012

Do pass as amendedAyes 17 Noes OOPASS

TITLE An act to amend Section 111657 of the Penal Coderelating to child abuse reporting

httpwww1eginfocagovpub11-12lbiIVasmab_140 1-1450ab _1435 _bill~0120601_statu 652012

AMENDED IN ASSEMBLY MAY 25 2012

AMENDED IN ASSEMBLY MARCH 21 2012

AMENDED IN ASSEMBLY MARCH 142012

AMENDED IN ASSEMBLY FEBRUARY 29 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1435

Introduced by Assembly Member Dickinson(Coauthors Assembly Members Alejo Buchanan and Hill)

January 4 2012

An act to amend Section 111657 of the Penal Code relating to childabuse reporting

LEGISLATIVE COUNSELS DIGEST

AB 1435 as amended Dickinson Child abuse reporting athleticpersonnel

Existing law the Child Abuse and Neglect Reporting Act requiresa mandated reporter as defined to report whenever he or she in his orher professional capacity or within the scope of his or her employmenthas knowledge of or observed a child whom the mandated reporterknows or reasonably suspects has been the victim of child abuse orneglect Failure to report an incident is a crime punishable byimprisonment in a county jail for a period of up to 6 months a fine ofup to $1000 or by both that imprisonment and fine

This bill would add athletic coaches athletic administrators andathletic directors employed by a public or private organization to thelist of individuals who are mandated reporters The bill otlld reqtlirean ptlblie or pri v ate orgflftizationernplo ing flftathletieeoaen Mhletie

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AB 1435 -2-

ftdministrator or Mhletie direetor to hftve provided initiftl trftining byJflfttlM) I 2014 on speeified mfttters relMing to ehiM a-bttse ftftdnegleetfor those employees On ftftd ftfter lftnuftry 12014 the bill vvottld reeJtlireinitiftl trftining to be pro vided IV ithin 6 months of the dMe ftn indi vidttftlbeeomes employed in thM eftlfteiry The bill vvouM require theseindividuftls to eomplete eontifttling tminmg every 2 yeMs

By imposing the reporting requirements on a new class of personsfor whom failure to report specified conduct is a crime ftftdby imposingne~ trftining reeJtlirements on publie oIgftfiiZMions ineluding loeftlgOvernment entities this bill would impose a state-mandated localprogram

The Cftlifomift Constittltion reqtlires the stMe to reimbtlfse loeftlftgeneies ftnd sehool distriets for eertftin eosts mftftdMed by the stftteStftttltory pItYvisions esffiblish proeedtlfes for mftkffigthftt reimbtlfsement

This bill hould pro vide thM 4vith regMd to eertftin mftftdfttes noIeimbtlfsement is reeJtlired by this ftet for ft speeified reftson

Vith regftM to ftny other mftndMeS this bill vv0tlM pro vide thM if theCommission on StMe ~bndtltes determines thM the bill eontftins eostsso mftndftted by the stftte reimbttIsement for those eosts shftll be mftdeptlfStlftnt to the stftttltory pro visions noted ttbo ve

The California Constitution requires the state to reimburse localagencies and school districts for certain costs mandated by the stateStatutory provisions establish procedures for making thatreimbursement

This bill would provide that no reimbursement is required by this actfor a specified reason

Vote majority Appropriation no Fiscal committee yesState-mandated local program yes

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 111657 of the Penal Code is amended2 to read3 111657 (a) As used in this article mandated reporter is4 defined as any of the following5 (1) A teacher6 (2) An instructional aide7 (3) A teachers aide or teachers assistant employed by any8 public or private schooL9 (4) A classified employee of any public schooL

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1 (5) An administrative officer or supervisor of child welfare and2 attendance or a certificated pupil personnel employee of any public3 or private school4 (6) An administrator of a public or private day camp

(7) An administrator or employee of a public or private youth6 center youth recreation program or youth organization7 (8) An administrator or employee of a public or private8 organization whose duties require direct contact and supervision9 of children

(9) Any employee of a county office of education or the State11 Department of Education whose duties bring the employee into12 contact with children on a regular basis13 (10) A licensee an administrator or an employee of a licensed14 community care or child day care facility

(11) A Head Start program teacher16 (12) A licensing worker or licensing evaluator employed by a17 licensing agency as defined in Section 111651118 (13) A public assistance worker19 (14) An employee of a child care institution including but not

limited to foster parents group home personnel and personnel of21 residential care facilities22 (15) A social worker probation officer or parole officer23 (16) An employee of a school district police or security24 department

(17) Any person who is an administrator or presenter of or a26 counselor in a child abuse prevention program in any public or27 private school28 (18) A district attorney investigator inspector or local child29 support agency caseworker unless the investigator inspector or

caseworker is working with an attorney appointed pursuant to31 Section 317 of the Welfare and Institutions Code to represent a32 mmor33 (19) A peace officer as defined in Chapter 45 (commencing34 with Section 830) of Title 3 of Part 2 who is not otherwise

described in this section36 (20) A firefighter except for volunteer firefighters37 (21) A physician and surgeon psychiatrist psychologist dentist38 resident intern podiatrist chiropractor licensed nurse dental39 hygienist optometrist marriage and family therapist clinical social

worker professional clinical counselor or any other person who

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AB 1435 -4-

is currently licensed under Division 2 (commencing with Section500) of the Business and Professions Code

(22) Any emergency medical technician I or II paramedic orother person certified pursuant to Division 25 (commencing withSection 1797) of the Health and Safety Code

(23) A psychological assistant registered pursuant to Section2913 of the Business and Professions Code

(24) A marriage and family therapist trainee as defined insubdivision (c) of Section 498003 of the Business and ProfessionsCode

(25) An unlicensed marriage and family therapist internregistered under Section 498044 of the Business and ProfessionsCode

(26) A state or county public health employee who treats a minorfor venereal disease or any other condition

(27) A coroner(28) A medical examiner or any other person who performs

autopsies(29) A commercial film and photographic print processor as

specified in subdivision (e) of Section 11166 As used in thisarticle commercial film and photographic print processor meansany person who develops exposed photographic film into negativesslides or prints or who makes prints from negatives or slides forcompensation The term includes any employee of such a personit does not include a person who develops film or makes prints fora public agency

(30) A child visitation monitor As used in this article childvisitation monitor means any person who for financialcompensation acts as monitor of a visit between a child and anyother person when the monitoring of that visit has been orderedby a court of law

(31) An animal control officer or humane society officer Forthe purposes ofthis article the following terms have the followingmeanings

(A) Animal control officer means any person employed by acity county or city and county for the purpose of enforcing animalcontrol laws or regulations

(B) Humane society officer means any person appointed oremployed by a public or private entity as a humane officer who is

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-5- AB 1435

qualified pursuant to Section 14502 or 14503 of the CorporationsCode

(32) A clergy member as specified in subdivision (d) of Section11166 As used in this article clergy member means a priestminister rabbi religious practitioner or similar functionary of achurch temple or recognized denomination or organization

(33) Any custodian of records of a clergy member as specifiedin this section and subdivision (d) of Section 11166

(34) Any employee of any police department county sheriffsdepartment county probation department or county welfaredepartment

(35) An employee or volunteer of a Court Appointed SpecialAdvocate program as defined in Rule 1424 ofthe California Rulesof Court

(36) A custodial officer as defined in Section 8315(37) Any person providing services to a minor child under

Section 12300 or 123001 of the Welfare and Institutions Code(38) An alcohol and drug counselor As used in this article an

alcohol and drug counselor is a person providing counselingtherapy or other clinical services for a state licensed or certifieddrug alcohol or drug and alcohol treatment program Howeveralcohol or drug abuse or both alcohol and drug abuse is not inand of itself a sufficient basis for reporting child abuse or neglect

(39) A clinical counselor trainee as defined in subdivision (g)of Section 499912 of the Business and Professions Code

(40) A clinical counselor intern registered under Section 499942of the Business and Professions Code

(41) An athletic coach athletic administrator or athletic directoremployed by a public or private organization including but notlimited to schools and instittttions of higher e6ueation thatprovidekindergarten or any of grades 1 to 12 inclusive

(b) Except as provided in paragraph (35) of subdivision (a)volunteers of public or private organizations whose duties requiredirect contact with and supervision of children are not mandatedreporters but are encouraged to obtain training in the identificationand reporting of child abuse and neglect and are further encouragedto report known or suspected instances of child abuse or neglectto an agency specified in Section 111659

(c) Employers are strongly encouraged to provide theiremployees who are mandated reporters with training in the duties

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AB 1435 -6-

imposed by this article This training shall include training in childabuse and neglect identification and training in child abuse andneglect reporting Whether or not employers provide theiremployees with training in child abuse and neglect identificationand reporting the employers shall provide their employees whoare mandated reporters with the statement required pursuant tosubdivision (a) of Section 111665

(d) School districts that do not train their employees specifiedin subdivision (a) in the duties of mandated reporters under thechild abuse reporting laws shall report to the State Department ofEducation the reasons why this training is not provided

(e) Unless otherwise specifically provided the absence oftraining shall not excuse a mandated reporter from the dutiesimposed by this article

(f) Public and private organizations are encouraged to providetheir volunteers whose duties require direct contact with andsupervision of children with training in the identification andreporting of child abuse and neglect

(g) (1) On 6r befure Jttmtary 1 2014 ttll) pttblie 6r privflie6rganizttti6ftemp16ing ttft Mhletie e6tteh Mhletie ttdmimstrltt6r6r Mhletie direet6r ttSspeeified ift pMttgrttph (41) 6f sttbdivisi6ft(tt) shttll pr6 vide iftitittl trttining f6r th6se empl~ ees 6n thefull6vvingmtttters

(A) The identifiettti6n 6f ehild ttbttse ttnd negleet(D) Aeti vities thttt e6ftstitttte inltppr6prittte ttftd illegttl e6ntttet

betiveen tt 6tlth ltftd ltft ttthietie e6tteh Mhletie ttdmiftistrttt6r 6rttthietie direet6r

(6) The resp6nsibilities 6f tt pers6n identified lIStt mttndfliedrep6rter in this seeti6n ineIttding btl ft6t limited t6 ttll 6f thefull6 vving

(i) T6 ~h6m tt rep6rt is reqtlired t6 be mttde(ii) The inf6rmttti6n thttt is reqttired t6 be ifte1ttdedin tt rep6rt(iii) The time vvithiftvvhieha mandated rep6rter is reqttired t6

file tt rep6rt(2) Initittl training shall be pr6vided b perS6ftSkn6vvledgeltble

ift the identifiettti6n 6fehild aettse ttnd negleet inltppf6prittte ltftdillegal e6ntaet bem eena 6ttth and ltftadttIt ltftdstatttt6ry rep6rtingreqttiremeftts ltftdshttll e6nsist 6ftw6 h6ttrs 6felassr66m 6r 6therinteraetive trainiftg ltftdedttettti6n

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-7- AB 1435

1 (h) Commeneing on fmd aftel Jfmtlftry12014 fmofgfmization2 speeified in sttbdivision (g) shaHpro ide initial training within six3 months of the date that fm individtutl beeomes empleryed as an4 Mhletie eoaeh athletie administrator or athletie direetor ttnless5 the indi idttal reeei ed training Hithin tw0 years prior to the date6 the indi idtlal is empleryed An Mhletie eoaeh athletie7 administrator or athletie direetor Hho has leeeied initial training8 ptlfStlafttto sttbdiision (g) shall eomplete eontifttling training9 thereafter onee eery two years eonsisting of one hottf of

10 elassroom or other interaeti e training fmd edtteation11 SEC 2 No reimbtlrsement is reqtlired by this aet pttfStlafttto12 Seetion 6 ofArtiele )GIlD of the California Constitution for eertain13 eosts that may be inetllTed by a loeal ageney or sehool distriet14 beeatlse ift that regard this aet ereates a nev erime or infraetion15 eliminates a erime or infraetion or ehfmges the penalty fOfa erime16 or inflaetion Hithin the meaning of Seetion 17556 of the17 Goemment Code or ehanges the definition ofa elime Hithin the18 meaning of Seetion 6 of Aniele XIII D of the Califomia19 Constitution20 IIo~eer if the Commission on State Mfmdates determines that21 this aet eontainsother eosts mfmdated by the state reimbttfsement22 to loeal ageneies fmd sehool distliets for those eosts shall be made23 ptlfStlafttto Part 7 (eommeneing Hith Seetion 17500) of Division24 4 of Title 2 of the Goemment Code25 SEC 2 No reimbursement is required by this act pursuant to26 Section 6 of Article XIII B of the California Constitution because27 the only costs that may be incurred by a local agency or school28 district will be incurred because this act creates a new crime or29 infraction eliminates a crime or infraction or changes thepenalty30 for a crime or infraction within the meaning of Section 17556 of31 the Government Code or changes the definition of a crime within32 the meaning of Section 6 of Article XIII B of the California33 Constitution

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95

AB 1904 Assembly Bill Status

MEASURE AUTHOR(S)TOPIC

HOUSE

CURRENT BILL STATUS

AB No 1904Block Butler and

Professions and vocationslicenses

LOCATION

Cookmilitary spouses temporary

TYPE OF BILL

SEN

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyAppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpub11-12billasmab _1901-1950ab _1904_ bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes Noes OOPASS17

An act to add Section 1155 to the Business andProfessions Code relating to professions and vocationsand making an appropriation therefor

-

AB 1588 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1588AUTHOR(S) Atkins (Principal coauthors Cook and Nielsen)

(Coauthors Block Beth Gaines Pan V Manuel PerezWilliams and Yamada)

TOPIC Professions and vocations reservist licensees fees andcontinuing education

HOUSE LOCATION SEN+LAST AMENDED DATE 03052012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS forLAST

LAST

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

TITLE An act to add Section 1143 to the Business andProfessions Code relating to professions and vocations

htlpllwwwleginfocagovpubll-12Ibillasmlab _1551-1600ab _1588 _bill_20120601_statu 652012

middot

AMENDED IN ASSEMBLY MARCH 5 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1588

Introduced by Assembly Member Atkins(Principal coauthors Assembly Members Cook and Nielsen)

(Coauthors Assembly Members Block Beth Gaines PanV Manuel Perez Williams and Yamada)

February 6 2012

An act to add Section 1143 to the Business and Professions Coderelating to professions and vocations

LEGISLATIVE COUNSELS DIGEST

AB 1588 as amended Atkins Professions and vocations reservistlicensees fees and continuing education

Existing law provides for the regulation of various professions andvocations by boards commissions or bureaus within the Departmentof Consumer Affairs and for the licensure or registration of individualsin that regard Existing law authorizes any licensee whose licenseexpired while he or she was on active duty as a member of the CaliforniaNational Guard or the United States Armed Forces to reinstate his orher license without examination or penalty if certain requirements aremet

This bill would require the boards commissions or bureaus describedabove to waive the renewal fees and continuing education requirementsif either is applicable of any licensee or registrant who is a reservistcalled to active duty as a member of the United States Military Reserveor the California National Guard if certain requirements are met

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

98

AB 1588 -2-

Thepeople of the State of Califomi a do enact asfollows

1 SECTION 1 Section 1143 is added to the Business and2 Professions Code to read3 1143 Notwithstanding any other provision oflaw everyboard4 commission or bureau within the department shall waive the5 renewal fees and continuing education requirements if either is6 applicable for any licensee or registrant who is a reservist called7 to active duty as a member of the United States Military Reserve8 or the California National Guard if all of the following9 requirements are met

10 (a) The licensee or registrant was in good standing with the11 board commission or bureau at the time the reservist was called12 to active duty13 (b) The renewal fees or continuing education requirements are14 waived only for the period during which the reservist is on active15 duty service16 (c) The active duty reservist or the active duty reservists spouse17 or registered domestic partner provides written notice satisfactory18 to the board commission or bureau that substantiates the19 reservists active duty service

o

98

AB 1896 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1896AUTHOR(S) ChesbroTOPIC Tribal health programs health care practitionersHOUSE LOCATION SEN+LAST AMENDED DATE 03272012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATIONCOMM ACTION DATECOMM ACTIONCOMM VOTE SUMMARY

ASM

05172012Referred to Com on B P amp EDBUSINESS PROFESSIONS AND CONSUMER PROTECTION04102012

Do passAyes 09 Noes OOPASS

TITLE An act to amend the heading of Article 10 (commencingwith Section 710) of Chapter 1 of Division 2 of and toadd Section 719 to the Business and Professions Coderelating to healing arts

httpwwwleginfocagovpubI11-12lbillasmab_1851-1900ab_1896_bill_20120517 _statu 652012

-

AMENDED IN ASSEMBLY MARCH 27 2012

CALIFORNIA LEGISLATURE-20II-12 REGULAR SESSION

ASSEMBLY BILL No 1896

Introduced by Assembly Member Chesbro

February 222012

An act to amend the heading of Article 10 (commencing with Section710) of Chapter 1 of Division 2 of and to add Section 719 to theBusiness and Professions Code relating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1896 as amended Chesbro Tribal health programs health carepractitioners

Under existing federal law licensed health professionals employedby a tribal health program are required to be exempt if licensed in anystate from the licensing requirements of the state in which the tribalhealth program performs specified services A tribal health program isdefined as an Indian tribe or tribal organization that operates any healthprogram service function activity or facility funded in whole or partby the Indian Health Service

Existing law provides for the licensure and regulation of health carepractitioners by various healing arts boards within the Department ofConsumer Affairs

This bill would codify that federal requirement by specifying that aperson who is licensed as a health care practitioner in any other stateand is employed by a tribal health program is exempt from any statelicensing requirement with respect to acts authorized under thepersonslicense where the tribal health program performs specified services

Vote majority Appropriation no Fiscal committee noState-mandated local program no

98

AD 1896 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 The heading of Article 10 (commencing with2 Section 710) of Chapter 1 of Division 2 of the Business and3 Professions Code is amended to read456789

101112131415161718192021

Article 10 Federal Personnel and Tribal Health Programs

SEC 2 Section 719 is added to the Business and ProfessionsCode to read

719 (a) A person who is licensed as a health care practitionerin any other state and is employed by a tribal health program asdefined in Section 1603 of Title 25 of the United States Code shallbe exempt from any licensing requirement described in this divisionwith respect to acts authorized under the persons license wherethe tribal health program performs the services described in thecontract or compact of the tribal health program under the IndianSelf-Determination and Education Assistance Act (25 USC Sec450 et seq)

(b) For purposes of this section health care practitioner meansany person who engages in acts that are the subject of licensureor regulation under this division or Ml) initiative 8et referred to inthis division the law of any other state

o

98

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1904

Introduced by Assembly Members Block Butler and Cook

February 222012

An act to add Section 1155 to the Business and Professions Coderelating to professions and vocations and making an appropriationtherefor

LEGISLATIVE COUNSELS DIGEST

AB 1904 as introduced Block Professions and vocations militaryspouses temporary licenses

Existing law provides for the licensure and regulation of variousprofessions and vocations by boards within the Department of ConsumerAffairs Existing law provides for the issuance of reciprocal licenses incertain fields where the applicant among other requirements has alicense to practice within that field in another jurisdiction as specifiedUnder existing law licensing fees imposed by certain boards withinthe department are deposited in funds that are continuously appropriated

This bill would authorize a board within the department to issue atemporary license to an applicant who among other requirements holdsan equivalent license in another jurisdiction as specified and is marriedto or in a legal union with an active duty member of the Armed Forcesofthe United States who is assigned to a duty station in California underofficial active duty military orders The bill would require a board toexpedite the process for issuing these temporary licenses The bill wouldrequire the applicant to pay any fees required by the board and wouldrequire that those fees be deposited in the fund used by the board toadminister its licensing program To the extent that the bill would

99

AB 1904 -2-

increase the amount of money deposited into a continuously appropriatedfund the bill would make an appropriation

Vote majority Appropriation yes Fiscal committee yesState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 1155 is added to the Business and2 Professions Code to read3 1155 (a) A board within the department may issue a4 temporary license to an applicant who meets all of the following5 requirements6 (l) Submits an application in the manner prescribed by the7 board8 (2) Supplies evidence satisfactory to the board that the applicant9 is married to or in a domestic partnership or other legal union

10 with an active duty member of the Armed Forces of the United11 States who is assigned to a duty station in this state under official12 active duty military orders13 (3) Holds a current license in another state district or territory14 of the United States with the requirements that the board determines15 are substantially equivalent to those established under this code16 for that occupation17 (4) Has not committed an act in anyjurisdiction that would have18 constituted grounds for denial suspension or revocation of the19 license under this code at the time the act was committed20 (5) Has not been disciplined by a licensing entity in another21 jurisdiction and is not the subject of an unresolved complaint22 review procedure or disciplinary proceeding conducted by a23 licensing entity in another jurisdiction24 (6) Pays any fees required by the board Those fees shall be25 deposited in the applicable fund or account used by the board to26 administer its licensing program27 (7) Submits fingerprints and any applicable fingerprinting fee28 in the manner required of an applicant for a regular license29 (b) A board shall expedite the procedure for issuing a temporary30 license pursuant to this section31 (c) A temporary license issued under this section shall be valid32 for 180 days except that the license may at the discretion of the

99

-3- AB 1904

I board be extended for an additional180-day period on application2 of the license holder3 (d) A board may adopt regulations necessary to administer this4 section

o

99

AB 1932 Assembly Bill Status

MEASURE AUTHOR(S)TOPICHOUSE+LAST

CURRENT BILL STATUS

AB No 1932Gorell (Coauthor Cook)

United States armed services healing arts boardsLOCATION SENAMENDED DATE 04172012

TYPE OF BILL

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpubI11-12Ibillasmab_1901-1950ab_1932_bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

An act to add Section 7102 to the Business andProfessions Code relating to healing arts

-

AMENDED IN ASSEMBLY APRIL 172012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1932

Introduced by Assembly Member-Ceek Gorell(Coauthor Assembly Member Cook)

February 222012

An act to add Section 7102 to the Business and Professions Coderelating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1932 as amended euroook Gorell United States armed serviceshealing arts boards

Existing law provides for the licensure and regulation of varioushealing arts professions and vocations by boards within the Departmentof Consumer Affairs Existing law requires the rules and regulations ofthese healing arts boards to provide for methods of evaluating educationtraining and experience obtained in military service if such training isapplicable to the requirements of the particular profession or vocationregulated by the board Under existing law the Department of VeteransAffairs has specified powers and duties relating to various programsserving veterans

This bill would require by January 12014 and annually thereafterevery healing arts board to issue a specified written report to theDepartment of Veterans Affairs and the Legislature as specified thatclearly details the methods of evaluating the education training andexperience obtained in military service and whether that educationtraining and experience is applicable to the boards requirements forlicensure The bill would declare the intent of the Legislature in thisregard

98

AB 1932 -2-

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 710 of the Business and Professions Code2 was enacted in 1969 and because healing arts boards have not3 demonstrated significant compliance with that section it is the4 intent of the Legislature to establish an annual reporting5 requirement to compel these boards to provide information about6 the methods of evaluating education training and experience7 obtained in military service in order to meet the needs of the8 upcoming wave of armed service members returning to civilian9 life

10 SEC 2 Section 7102 is added to the Business and Professions11 Code to read12 7102 (a) By January 12014 and annually thereafter every13 healing arts board described in this division shall issue a written14 report to the Department of Veterans Affairs and to the Legislature15 that clearly details the methods of evaluating the education16 training and experience obtained in military service and whether17 that education training and experience is applicable to the boards18 requirements for licensure This written report shall include but19 not be limited to quantitative information about the number of20 service members who have applied for and have used their military21 education training and experience to fulfill the boards22 requirements for licensure23 (b) (1) The requirement to submit a report to the Legislature24 under subdivision (a) shall be inoperative on January 1 201825 pursuant to Section 102315 of the Government Code26 (2) A report to the Legislature shall be submitted in compliance27 with Section 9795 of the Government Code

o

98

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      • AGENDA ITEM 4
      • DISCUSSION AND POSSIBLE ACTION REGARDING PENDING LEGISLATION
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10111213141516171819202122232425262728293031323334353637383940

AB518 -22-

eoneeming the ineident to an agenC) to vvhieh it is reqtlired toftutke a telephone report tlIlderthis stlbdh ision

Ed) A long tenn eare ombttdsman eoordinator mll) report theinstlllleeof abtlse to the eot1llryadttlt proteetive seniees ageneyor to the loeal la bullbull enforeement agenC) for assistlllleein theinvestigationof the abttse if the vietim gives his or her eonsent Along tenn eMe ombtldsmllllprogram llIldthe Lieensing llIldCertifieation Division of the State DepMtment ofIIealth Senieesshall immediately report b telephone llIldin vvriting vvithin hiv0tv orkingdll) s to the bm eatl an instlllleeof negleet oeet1ffingin ahealth eare faeiliry that has seriotlsl hMmed an patient orreasonably appeMs to present a seriotls threat to the health orph sieal vvell being of a patient in that ffteiliry If a J ietim orpotential TV ietim of the neglect vithholds eonsent to being identifiedin that report the report shall eontain eirettmstlllltialinformationabom the negleet bm shall not identif) that vietim or potentialvietim and the bttreatl llIldthe reporting agenC) shall maintain theeoniidentialiry of the report tlntil the report beeomes a matter ofptlblie reeord

Ee) hen a eotlllryadttlt proteeti ve sen iees agenC) a long termeare ombtldsman program or a loeal la enforeement ageneyreeeives a report ofabttse negleet or ablllldonmentofllllelder ordependent adttlt alleged to have oeet1ffedin a long term earefaeiliry that eotlnty adtllt proteeti ve sen iees agenC) long termeare ombtldsmlllleoordinator or loeallavv enforeement ageneyshall report the ineident to the lieensing agene b telephone assoon as possible

ED COtl1lt)adtllt proteetive seniees ageneies long term eareombttdsman programs and 10ea1lavvenforeement ageneies shallreport the restllts of their investigations of referrals or reports ofabtlse to the respeetive referring or reporting ageneies

Eg) This seetion shall beeome operative on JllIlt1flry12013SEC 9 Section 156555 of the Welfare and Institutions Code

as amended by Section 11 of Chapter 140 of the Statutes of 2005is amended to read

156555 A county adult protective services agency shallprovide the organizations listed in paragraphs (v) (w) and (x) ofSection 1561017 and mandated reporters of suspected financialabuse of an elder or dependent adult pursuant to Section 156301with instructional materials regarding abuse and neglect of an elder

98

5

10

15

20

25

30

35

-23- AB518

1 or dependent adult and their obligation to report under this chapter2 At a minimum the instructional materials shall include the3 following4 (a) An explanation of abuse and neglect of an elder or dependent

adult as defined in this chapter6 (b) Information on how to recognize potential abuse and neglect7 of an elder or dependent adult8 (c) Information on how the county adult protective services9 agency investigates reports of known or suspected abuse and

neglect11 (d) Instructions on how to report known or suspected incidents12 of abuse and neglect including the appropriate telephone numbers13 to call and what types of information would assist the county adult14 protective services agency with its investigation of the report

(e) This seetion shall remain in eifcet only tlfttil Jflfttlttry 1 201316 and as of that date is repealed tmless a later enaeted stattlte that17 is enaeted before Jafttlttry 12013 deletes or extends that date18 SEC 10 Section 156555 of the Welfareand Institutions Code19 as amended by Section 712 of Chapter 538 of the Statutes of2006

is repealed21 156555 A eottftt) achtlt proteetive serviees agene) shall22 pmvide the organi2ations listed in paragraphs (v) (vv) and Ex) of23 Seetion 1561017 with instItletional materials regarding elder and24 dependent achtlt abtlse and negleet and their obligation to report

under this ehapter At a minimum the instruetional materials shall26 inelude the follovving27 (a) An explanation of elder and dependent achtlt abuse and28 negleet as defined in this ehapter29 (b) Information on how to reeogni2e potential elder and

dependent achtlt abuse and negleet31 (e) Information on ho vIthe eottftt) achtlt proteeti ve serv iees32 agene) investigates reports of knovm or suspeeted abuse and33 negleet34 (d) Instmetions on hovv to report ]movvn or suspeeted ineidents

of abuse and negleet ineltlding the appropriate telephone llt11llbers36 to eall and what rypes of information vvould assist the eount) adult37 proteetirv e sen iees agene) with its in (estigation of the report38 (e) This seetion shall beeome operati e on January I 20 13

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AB 608 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 608Pan

Health care coverage telemedicine

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to health care

httpwww1eginfocagovpubII-12Ibillasmab_0601-0650ab _608_ bill_ 20120201_status 652012

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AB 783 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 783AUTHOR(S) HayashiTOPIC Professional corporations licensed physical therapists

and occupational therapists+LAST AMENDED DATE 04072011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

COMMCOMMCOMM

HIST ACT DATEHIST ACTION

From committeeRule 62(a)

LOCATION SENACTION DATEACTION

06282011In committee Set second hearing Failed passagewithout further action pursuant to Joint

LASTLAST

BUSINESS PROFESSIONS AND ECONOMIC DEVELOPMENT06272011

Set second hearing Failed passage in Committee

TITLE An act to amend Section 2406 of the Business andProfessions Code and to amend Section 134015 of theCorporations Code relating to professional corporations

httpwwwleginfocagovpub11-12billasmab_0751-0800ab_783_bill_20111115_status 652012

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AMENDED IN ASSEMBLY APRIL 7 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 783

Introduced by Assembly Member Hayashi

February 172011

An act to amend Section 2406 of the Business and Professions Codeand to amend Section 134015 of the Corporations Code relating toprofcssiemal eorporations and deelaring the mgeney thereof to tttkeeffeet immediatelyprofessional corporations

LEGISLATIVE COUNSELS DIGEST

AB 783 as amended Hayashi Professional corporations licensedphysical therapists and occupational therapists

Existing law regulating professional corporations provides that certainhealing arts practitioners may be shareholders officers directors orprofessional employees of a medical corporation-er-a podiatric medicalcorporation or a chiropractic corporation subject to certain limitations

This bill would add licensed physical therapists and licensedoccupational therapists to the list of healing arts practitioners who maybe shareholders officers directors or professional employees of thosecorporations The bill would also make conforming changes to a relatedprovision

This bill vv otlld deelare that it is to take etteet immediately as anmgeney statttte

Vote -majority Appropriation no Fiscal committee noState-mandated local program no

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AB783 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 2406 of the Business and Professions2 Code is amended to read3 2406 A medical corporation or podiatry corporation is a4 corporation that is authorized to render professional services as

defined in Sections 13401 and 134015 ofthe Corporations Code6 so long as that corporation and its shareholders officers directors7 and employees rendering professional services who are physicians8 and surgeons psychologists registered nurses optometrists9 podiatrists chiropractors acupuncturists naturopathic doctors

physical therapists or in the case of a medical corporation only11 physician assistants marriage and family therapists or clinical12 social workers are in compliance with the Moscone-Knox13 Professional Corporation Act the provisions of this article and all14 other statutes and regulations now or hereafter enacted or adopted

pertaining to the corporation and the conduct of its affairs16 With respect to a medical corporation or podiatry corporation17 the governmental agency referred to in the Moscone-Knox18 Professional Corporation Act is the board19 SEC 2 Section 134015 of the Corporations Code is amended

to read21 134015 Notwithstanding subdivision (d) of Section 1340122 and any other provision of law the following licensed persons23 may be shareholders officers directors or professional employees24 of the professional corporations designated in this section so long

as the sum of all shares owned by those licensed persons does not26 exceed 49 percent ofthe total number of shares of the professional27 corporation so designated herein and so long as the number of28 those licensed persons owning shares in the professional29 corporation so designated herein does not exceed the number of

persons licensed by the governmental agency regulating the31 designated professional corporation32 (a) Medical corporation33 (1) Licensed doctors of podiatric medicine34 (2) Licensed psychologists

(3) Registered nurses36 (4) Licensed optometrists37 (5) Licensed marriage and family therapists38 (6) Licensed clinical social workers

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-3-

(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists(10) Naturopathic doctors(11) Licensed physical therapists(12)Licensed occupational therapists(b) Podiatric medical corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed optometrists(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(8) Licensed physical therapists(9) Licensed occupational therapists(c) Psychological corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Registered nurses(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed chiropractors(8) Licensed acupuncturists(9) Naturopathic doctors(d) Speech-language pathology corporation(1) Licensed audiologists(e) Audiology corporation(1) Licensed speech-language pathologists(t) Nursing corporation(l) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists

AB783

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AB783 -4-

(10) Naturopathic doctors(g) Marriage and family therapy corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed clinical social workers(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(h) Licensed clinical social worker corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed marriage and family therapists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(i) Physician assistants corporation(1) Licensed physicians and surgeons(2) Registered nurses(3) Licensed acupuncturists(4) Naturopathic doctorsG) Optometric corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(k) Chiropractic corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed acupuncturists(9) Naturopathic doctors

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-5- AB783

(10) Licensed physical therapists(11) Licensed occupational therapists(l) Acupuncture corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed physician assistants(9) Licensed chiropractors(10) Naturopathic doctors(m) Naturopathic doctor corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed physician assistants(5) Licensed chiropractors(6) Licensed acupuncturists(7) Licensed physical therapists(8) Licensed doctors of podiatric medicine(9) Licensed marriage family and child counselors(10) Licensed clinical social workers(11) Licensed optometrists(n) Dental corporation(1) Licensed physicians and surgeons(2) Dental assistants(3) Registered dental assistants(4) Registered dental assistants in extended functions(5) Registered dental hygienists(6) Registered dental hygienists in extended functions(7) Registered dental hygienists in alternative practiceSEC 3 This aet is Ml ttrgene statttte neeessary for the

immediatepresenation of the ptlblie peaee hettlihor saferyvvithinthe meMling of Miele IV of the Constittttion Mld shaHgo intoimmediate effeet The fftets eonstitttting the neeessiry Me

In order to 8t1thorizelieensed physieal therapists to beshareholders offieers mreetors or professional employees of

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AD7S3 -6-

1 memeal eorpofatiofts andpodiatrie medieal eorpofatiofts as soOft2 as possible it is fteeessary that this aet tftke dIeet immediately

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AB 800 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 800Huber

Boards and commissions time reporting

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to add Section 1156410 to the Government Coderelating to boards and commissions

httpwwwleginfocagovpubI11-12billasmlab_0751-0800ab _800_ bill_20120201_status 652012

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AB 958 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 958Bill Berryhill

Regulatory boards limitations periods

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to Art IV Sec 10(e) of theFrom committee Filed with the Chiefto Joint Rule 56BUSINESS PROFESSIONS AND CONSUMER PROTECTION

TITLE An act to add Section 1105 to and to repeal Sections16702 22305 296005 3137 375051 498205499032 5561 5661 76865 988420 and 98898 of theBusiness and Professions Code relating to regulatoryboards

httpwwwleginfocagovpub11-12lbillasmlab_0951-1 OOOab_958 _bill_ 20120202_ status 652012

AB 1003 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 1003Smyth

Professional and vocational licenses

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to professional and vocational licenses

httpwwwleginfocagovpubll-12Ibillasmlab_l00l-l 050ab_1003 _bill_2012020 I_statu 652012

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AB 1205 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1205AUTHOR(S) Bill BerryhillTOPIC Licensed behavior analysts+LAST AMENDED DATE 04042011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to amend Section 499018 of and to add Chapter52 (commencing with Section 252971) to Division 2 ofthe Business and Professions Code relating to healingarts

httpwwwleginfocagovpub11-12billasmab _120 1-1250ab_1205 _bill_20 120201_statu 652012

AB 1435 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1435AUTHOR(S) Dickinson (Coauthors Alejo Buchanan and Hill) TOPIC Child abuse reporting athletic personnelHOUSE LOCATION SEN+LAST AMENDED DATE OS252012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredState-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS for

LASTLAST

APPROPRIATIONSOS252012

Do pass as amendedAyes 17 Noes OOPASS

TITLE An act to amend Section 111657 of the Penal Coderelating to child abuse reporting

httpwww1eginfocagovpub11-12lbiIVasmab_140 1-1450ab _1435 _bill~0120601_statu 652012

AMENDED IN ASSEMBLY MAY 25 2012

AMENDED IN ASSEMBLY MARCH 21 2012

AMENDED IN ASSEMBLY MARCH 142012

AMENDED IN ASSEMBLY FEBRUARY 29 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1435

Introduced by Assembly Member Dickinson(Coauthors Assembly Members Alejo Buchanan and Hill)

January 4 2012

An act to amend Section 111657 of the Penal Code relating to childabuse reporting

LEGISLATIVE COUNSELS DIGEST

AB 1435 as amended Dickinson Child abuse reporting athleticpersonnel

Existing law the Child Abuse and Neglect Reporting Act requiresa mandated reporter as defined to report whenever he or she in his orher professional capacity or within the scope of his or her employmenthas knowledge of or observed a child whom the mandated reporterknows or reasonably suspects has been the victim of child abuse orneglect Failure to report an incident is a crime punishable byimprisonment in a county jail for a period of up to 6 months a fine ofup to $1000 or by both that imprisonment and fine

This bill would add athletic coaches athletic administrators andathletic directors employed by a public or private organization to thelist of individuals who are mandated reporters The bill otlld reqtlirean ptlblie or pri v ate orgflftizationernplo ing flftathletieeoaen Mhletie

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AB 1435 -2-

ftdministrator or Mhletie direetor to hftve provided initiftl trftining byJflfttlM) I 2014 on speeified mfttters relMing to ehiM a-bttse ftftdnegleetfor those employees On ftftd ftfter lftnuftry 12014 the bill vvottld reeJtlireinitiftl trftining to be pro vided IV ithin 6 months of the dMe ftn indi vidttftlbeeomes employed in thM eftlfteiry The bill vvouM require theseindividuftls to eomplete eontifttling tminmg every 2 yeMs

By imposing the reporting requirements on a new class of personsfor whom failure to report specified conduct is a crime ftftdby imposingne~ trftining reeJtlirements on publie oIgftfiiZMions ineluding loeftlgOvernment entities this bill would impose a state-mandated localprogram

The Cftlifomift Constittltion reqtlires the stMe to reimbtlfse loeftlftgeneies ftnd sehool distriets for eertftin eosts mftftdMed by the stftteStftttltory pItYvisions esffiblish proeedtlfes for mftkffigthftt reimbtlfsement

This bill hould pro vide thM 4vith regMd to eertftin mftftdfttes noIeimbtlfsement is reeJtlired by this ftet for ft speeified reftson

Vith regftM to ftny other mftndMeS this bill vv0tlM pro vide thM if theCommission on StMe ~bndtltes determines thM the bill eontftins eostsso mftndftted by the stftte reimbttIsement for those eosts shftll be mftdeptlfStlftnt to the stftttltory pro visions noted ttbo ve

The California Constitution requires the state to reimburse localagencies and school districts for certain costs mandated by the stateStatutory provisions establish procedures for making thatreimbursement

This bill would provide that no reimbursement is required by this actfor a specified reason

Vote majority Appropriation no Fiscal committee yesState-mandated local program yes

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 111657 of the Penal Code is amended2 to read3 111657 (a) As used in this article mandated reporter is4 defined as any of the following5 (1) A teacher6 (2) An instructional aide7 (3) A teachers aide or teachers assistant employed by any8 public or private schooL9 (4) A classified employee of any public schooL

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-3- AB 1435

1 (5) An administrative officer or supervisor of child welfare and2 attendance or a certificated pupil personnel employee of any public3 or private school4 (6) An administrator of a public or private day camp

(7) An administrator or employee of a public or private youth6 center youth recreation program or youth organization7 (8) An administrator or employee of a public or private8 organization whose duties require direct contact and supervision9 of children

(9) Any employee of a county office of education or the State11 Department of Education whose duties bring the employee into12 contact with children on a regular basis13 (10) A licensee an administrator or an employee of a licensed14 community care or child day care facility

(11) A Head Start program teacher16 (12) A licensing worker or licensing evaluator employed by a17 licensing agency as defined in Section 111651118 (13) A public assistance worker19 (14) An employee of a child care institution including but not

limited to foster parents group home personnel and personnel of21 residential care facilities22 (15) A social worker probation officer or parole officer23 (16) An employee of a school district police or security24 department

(17) Any person who is an administrator or presenter of or a26 counselor in a child abuse prevention program in any public or27 private school28 (18) A district attorney investigator inspector or local child29 support agency caseworker unless the investigator inspector or

caseworker is working with an attorney appointed pursuant to31 Section 317 of the Welfare and Institutions Code to represent a32 mmor33 (19) A peace officer as defined in Chapter 45 (commencing34 with Section 830) of Title 3 of Part 2 who is not otherwise

described in this section36 (20) A firefighter except for volunteer firefighters37 (21) A physician and surgeon psychiatrist psychologist dentist38 resident intern podiatrist chiropractor licensed nurse dental39 hygienist optometrist marriage and family therapist clinical social

worker professional clinical counselor or any other person who

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AB 1435 -4-

is currently licensed under Division 2 (commencing with Section500) of the Business and Professions Code

(22) Any emergency medical technician I or II paramedic orother person certified pursuant to Division 25 (commencing withSection 1797) of the Health and Safety Code

(23) A psychological assistant registered pursuant to Section2913 of the Business and Professions Code

(24) A marriage and family therapist trainee as defined insubdivision (c) of Section 498003 of the Business and ProfessionsCode

(25) An unlicensed marriage and family therapist internregistered under Section 498044 of the Business and ProfessionsCode

(26) A state or county public health employee who treats a minorfor venereal disease or any other condition

(27) A coroner(28) A medical examiner or any other person who performs

autopsies(29) A commercial film and photographic print processor as

specified in subdivision (e) of Section 11166 As used in thisarticle commercial film and photographic print processor meansany person who develops exposed photographic film into negativesslides or prints or who makes prints from negatives or slides forcompensation The term includes any employee of such a personit does not include a person who develops film or makes prints fora public agency

(30) A child visitation monitor As used in this article childvisitation monitor means any person who for financialcompensation acts as monitor of a visit between a child and anyother person when the monitoring of that visit has been orderedby a court of law

(31) An animal control officer or humane society officer Forthe purposes ofthis article the following terms have the followingmeanings

(A) Animal control officer means any person employed by acity county or city and county for the purpose of enforcing animalcontrol laws or regulations

(B) Humane society officer means any person appointed oremployed by a public or private entity as a humane officer who is

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-5- AB 1435

qualified pursuant to Section 14502 or 14503 of the CorporationsCode

(32) A clergy member as specified in subdivision (d) of Section11166 As used in this article clergy member means a priestminister rabbi religious practitioner or similar functionary of achurch temple or recognized denomination or organization

(33) Any custodian of records of a clergy member as specifiedin this section and subdivision (d) of Section 11166

(34) Any employee of any police department county sheriffsdepartment county probation department or county welfaredepartment

(35) An employee or volunteer of a Court Appointed SpecialAdvocate program as defined in Rule 1424 ofthe California Rulesof Court

(36) A custodial officer as defined in Section 8315(37) Any person providing services to a minor child under

Section 12300 or 123001 of the Welfare and Institutions Code(38) An alcohol and drug counselor As used in this article an

alcohol and drug counselor is a person providing counselingtherapy or other clinical services for a state licensed or certifieddrug alcohol or drug and alcohol treatment program Howeveralcohol or drug abuse or both alcohol and drug abuse is not inand of itself a sufficient basis for reporting child abuse or neglect

(39) A clinical counselor trainee as defined in subdivision (g)of Section 499912 of the Business and Professions Code

(40) A clinical counselor intern registered under Section 499942of the Business and Professions Code

(41) An athletic coach athletic administrator or athletic directoremployed by a public or private organization including but notlimited to schools and instittttions of higher e6ueation thatprovidekindergarten or any of grades 1 to 12 inclusive

(b) Except as provided in paragraph (35) of subdivision (a)volunteers of public or private organizations whose duties requiredirect contact with and supervision of children are not mandatedreporters but are encouraged to obtain training in the identificationand reporting of child abuse and neglect and are further encouragedto report known or suspected instances of child abuse or neglectto an agency specified in Section 111659

(c) Employers are strongly encouraged to provide theiremployees who are mandated reporters with training in the duties

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AB 1435 -6-

imposed by this article This training shall include training in childabuse and neglect identification and training in child abuse andneglect reporting Whether or not employers provide theiremployees with training in child abuse and neglect identificationand reporting the employers shall provide their employees whoare mandated reporters with the statement required pursuant tosubdivision (a) of Section 111665

(d) School districts that do not train their employees specifiedin subdivision (a) in the duties of mandated reporters under thechild abuse reporting laws shall report to the State Department ofEducation the reasons why this training is not provided

(e) Unless otherwise specifically provided the absence oftraining shall not excuse a mandated reporter from the dutiesimposed by this article

(f) Public and private organizations are encouraged to providetheir volunteers whose duties require direct contact with andsupervision of children with training in the identification andreporting of child abuse and neglect

(g) (1) On 6r befure Jttmtary 1 2014 ttll) pttblie 6r privflie6rganizttti6ftemp16ing ttft Mhletie e6tteh Mhletie ttdmimstrltt6r6r Mhletie direet6r ttSspeeified ift pMttgrttph (41) 6f sttbdivisi6ft(tt) shttll pr6 vide iftitittl trttining f6r th6se empl~ ees 6n thefull6vvingmtttters

(A) The identifiettti6n 6f ehild ttbttse ttnd negleet(D) Aeti vities thttt e6ftstitttte inltppr6prittte ttftd illegttl e6ntttet

betiveen tt 6tlth ltftd ltft ttthietie e6tteh Mhletie ttdmiftistrttt6r 6rttthietie direet6r

(6) The resp6nsibilities 6f tt pers6n identified lIStt mttndfliedrep6rter in this seeti6n ineIttding btl ft6t limited t6 ttll 6f thefull6 vving

(i) T6 ~h6m tt rep6rt is reqtlired t6 be mttde(ii) The inf6rmttti6n thttt is reqttired t6 be ifte1ttdedin tt rep6rt(iii) The time vvithiftvvhieha mandated rep6rter is reqttired t6

file tt rep6rt(2) Initittl training shall be pr6vided b perS6ftSkn6vvledgeltble

ift the identifiettti6n 6fehild aettse ttnd negleet inltppf6prittte ltftdillegal e6ntaet bem eena 6ttth and ltftadttIt ltftdstatttt6ry rep6rtingreqttiremeftts ltftdshttll e6nsist 6ftw6 h6ttrs 6felassr66m 6r 6therinteraetive trainiftg ltftdedttettti6n

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1 (h) Commeneing on fmd aftel Jfmtlftry12014 fmofgfmization2 speeified in sttbdivision (g) shaHpro ide initial training within six3 months of the date that fm individtutl beeomes empleryed as an4 Mhletie eoaeh athletie administrator or athletie direetor ttnless5 the indi idttal reeei ed training Hithin tw0 years prior to the date6 the indi idtlal is empleryed An Mhletie eoaeh athletie7 administrator or athletie direetor Hho has leeeied initial training8 ptlfStlafttto sttbdiision (g) shall eomplete eontifttling training9 thereafter onee eery two years eonsisting of one hottf of

10 elassroom or other interaeti e training fmd edtteation11 SEC 2 No reimbtlrsement is reqtlired by this aet pttfStlafttto12 Seetion 6 ofArtiele )GIlD of the California Constitution for eertain13 eosts that may be inetllTed by a loeal ageney or sehool distriet14 beeatlse ift that regard this aet ereates a nev erime or infraetion15 eliminates a erime or infraetion or ehfmges the penalty fOfa erime16 or inflaetion Hithin the meaning of Seetion 17556 of the17 Goemment Code or ehanges the definition ofa elime Hithin the18 meaning of Seetion 6 of Aniele XIII D of the Califomia19 Constitution20 IIo~eer if the Commission on State Mfmdates determines that21 this aet eontainsother eosts mfmdated by the state reimbttfsement22 to loeal ageneies fmd sehool distliets for those eosts shall be made23 ptlfStlafttto Part 7 (eommeneing Hith Seetion 17500) of Division24 4 of Title 2 of the Goemment Code25 SEC 2 No reimbursement is required by this act pursuant to26 Section 6 of Article XIII B of the California Constitution because27 the only costs that may be incurred by a local agency or school28 district will be incurred because this act creates a new crime or29 infraction eliminates a crime or infraction or changes thepenalty30 for a crime or infraction within the meaning of Section 17556 of31 the Government Code or changes the definition of a crime within32 the meaning of Section 6 of Article XIII B of the California33 Constitution

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AB 1904 Assembly Bill Status

MEASURE AUTHOR(S)TOPIC

HOUSE

CURRENT BILL STATUS

AB No 1904Block Butler and

Professions and vocationslicenses

LOCATION

Cookmilitary spouses temporary

TYPE OF BILL

SEN

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyAppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpub11-12billasmab _1901-1950ab _1904_ bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes Noes OOPASS17

An act to add Section 1155 to the Business andProfessions Code relating to professions and vocationsand making an appropriation therefor

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AB 1588 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1588AUTHOR(S) Atkins (Principal coauthors Cook and Nielsen)

(Coauthors Block Beth Gaines Pan V Manuel PerezWilliams and Yamada)

TOPIC Professions and vocations reservist licensees fees andcontinuing education

HOUSE LOCATION SEN+LAST AMENDED DATE 03052012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS forLAST

LAST

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

TITLE An act to add Section 1143 to the Business andProfessions Code relating to professions and vocations

htlpllwwwleginfocagovpubll-12Ibillasmlab _1551-1600ab _1588 _bill_20120601_statu 652012

middot

AMENDED IN ASSEMBLY MARCH 5 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1588

Introduced by Assembly Member Atkins(Principal coauthors Assembly Members Cook and Nielsen)

(Coauthors Assembly Members Block Beth Gaines PanV Manuel Perez Williams and Yamada)

February 6 2012

An act to add Section 1143 to the Business and Professions Coderelating to professions and vocations

LEGISLATIVE COUNSELS DIGEST

AB 1588 as amended Atkins Professions and vocations reservistlicensees fees and continuing education

Existing law provides for the regulation of various professions andvocations by boards commissions or bureaus within the Departmentof Consumer Affairs and for the licensure or registration of individualsin that regard Existing law authorizes any licensee whose licenseexpired while he or she was on active duty as a member of the CaliforniaNational Guard or the United States Armed Forces to reinstate his orher license without examination or penalty if certain requirements aremet

This bill would require the boards commissions or bureaus describedabove to waive the renewal fees and continuing education requirementsif either is applicable of any licensee or registrant who is a reservistcalled to active duty as a member of the United States Military Reserveor the California National Guard if certain requirements are met

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

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AB 1588 -2-

Thepeople of the State of Califomi a do enact asfollows

1 SECTION 1 Section 1143 is added to the Business and2 Professions Code to read3 1143 Notwithstanding any other provision oflaw everyboard4 commission or bureau within the department shall waive the5 renewal fees and continuing education requirements if either is6 applicable for any licensee or registrant who is a reservist called7 to active duty as a member of the United States Military Reserve8 or the California National Guard if all of the following9 requirements are met

10 (a) The licensee or registrant was in good standing with the11 board commission or bureau at the time the reservist was called12 to active duty13 (b) The renewal fees or continuing education requirements are14 waived only for the period during which the reservist is on active15 duty service16 (c) The active duty reservist or the active duty reservists spouse17 or registered domestic partner provides written notice satisfactory18 to the board commission or bureau that substantiates the19 reservists active duty service

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AB 1896 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1896AUTHOR(S) ChesbroTOPIC Tribal health programs health care practitionersHOUSE LOCATION SEN+LAST AMENDED DATE 03272012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATIONCOMM ACTION DATECOMM ACTIONCOMM VOTE SUMMARY

ASM

05172012Referred to Com on B P amp EDBUSINESS PROFESSIONS AND CONSUMER PROTECTION04102012

Do passAyes 09 Noes OOPASS

TITLE An act to amend the heading of Article 10 (commencingwith Section 710) of Chapter 1 of Division 2 of and toadd Section 719 to the Business and Professions Coderelating to healing arts

httpwwwleginfocagovpubI11-12lbillasmab_1851-1900ab_1896_bill_20120517 _statu 652012

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AMENDED IN ASSEMBLY MARCH 27 2012

CALIFORNIA LEGISLATURE-20II-12 REGULAR SESSION

ASSEMBLY BILL No 1896

Introduced by Assembly Member Chesbro

February 222012

An act to amend the heading of Article 10 (commencing with Section710) of Chapter 1 of Division 2 of and to add Section 719 to theBusiness and Professions Code relating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1896 as amended Chesbro Tribal health programs health carepractitioners

Under existing federal law licensed health professionals employedby a tribal health program are required to be exempt if licensed in anystate from the licensing requirements of the state in which the tribalhealth program performs specified services A tribal health program isdefined as an Indian tribe or tribal organization that operates any healthprogram service function activity or facility funded in whole or partby the Indian Health Service

Existing law provides for the licensure and regulation of health carepractitioners by various healing arts boards within the Department ofConsumer Affairs

This bill would codify that federal requirement by specifying that aperson who is licensed as a health care practitioner in any other stateand is employed by a tribal health program is exempt from any statelicensing requirement with respect to acts authorized under thepersonslicense where the tribal health program performs specified services

Vote majority Appropriation no Fiscal committee noState-mandated local program no

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AD 1896 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 The heading of Article 10 (commencing with2 Section 710) of Chapter 1 of Division 2 of the Business and3 Professions Code is amended to read456789

101112131415161718192021

Article 10 Federal Personnel and Tribal Health Programs

SEC 2 Section 719 is added to the Business and ProfessionsCode to read

719 (a) A person who is licensed as a health care practitionerin any other state and is employed by a tribal health program asdefined in Section 1603 of Title 25 of the United States Code shallbe exempt from any licensing requirement described in this divisionwith respect to acts authorized under the persons license wherethe tribal health program performs the services described in thecontract or compact of the tribal health program under the IndianSelf-Determination and Education Assistance Act (25 USC Sec450 et seq)

(b) For purposes of this section health care practitioner meansany person who engages in acts that are the subject of licensureor regulation under this division or Ml) initiative 8et referred to inthis division the law of any other state

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CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1904

Introduced by Assembly Members Block Butler and Cook

February 222012

An act to add Section 1155 to the Business and Professions Coderelating to professions and vocations and making an appropriationtherefor

LEGISLATIVE COUNSELS DIGEST

AB 1904 as introduced Block Professions and vocations militaryspouses temporary licenses

Existing law provides for the licensure and regulation of variousprofessions and vocations by boards within the Department of ConsumerAffairs Existing law provides for the issuance of reciprocal licenses incertain fields where the applicant among other requirements has alicense to practice within that field in another jurisdiction as specifiedUnder existing law licensing fees imposed by certain boards withinthe department are deposited in funds that are continuously appropriated

This bill would authorize a board within the department to issue atemporary license to an applicant who among other requirements holdsan equivalent license in another jurisdiction as specified and is marriedto or in a legal union with an active duty member of the Armed Forcesofthe United States who is assigned to a duty station in California underofficial active duty military orders The bill would require a board toexpedite the process for issuing these temporary licenses The bill wouldrequire the applicant to pay any fees required by the board and wouldrequire that those fees be deposited in the fund used by the board toadminister its licensing program To the extent that the bill would

99

AB 1904 -2-

increase the amount of money deposited into a continuously appropriatedfund the bill would make an appropriation

Vote majority Appropriation yes Fiscal committee yesState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 1155 is added to the Business and2 Professions Code to read3 1155 (a) A board within the department may issue a4 temporary license to an applicant who meets all of the following5 requirements6 (l) Submits an application in the manner prescribed by the7 board8 (2) Supplies evidence satisfactory to the board that the applicant9 is married to or in a domestic partnership or other legal union

10 with an active duty member of the Armed Forces of the United11 States who is assigned to a duty station in this state under official12 active duty military orders13 (3) Holds a current license in another state district or territory14 of the United States with the requirements that the board determines15 are substantially equivalent to those established under this code16 for that occupation17 (4) Has not committed an act in anyjurisdiction that would have18 constituted grounds for denial suspension or revocation of the19 license under this code at the time the act was committed20 (5) Has not been disciplined by a licensing entity in another21 jurisdiction and is not the subject of an unresolved complaint22 review procedure or disciplinary proceeding conducted by a23 licensing entity in another jurisdiction24 (6) Pays any fees required by the board Those fees shall be25 deposited in the applicable fund or account used by the board to26 administer its licensing program27 (7) Submits fingerprints and any applicable fingerprinting fee28 in the manner required of an applicant for a regular license29 (b) A board shall expedite the procedure for issuing a temporary30 license pursuant to this section31 (c) A temporary license issued under this section shall be valid32 for 180 days except that the license may at the discretion of the

99

-3- AB 1904

I board be extended for an additional180-day period on application2 of the license holder3 (d) A board may adopt regulations necessary to administer this4 section

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AB 1932 Assembly Bill Status

MEASURE AUTHOR(S)TOPICHOUSE+LAST

CURRENT BILL STATUS

AB No 1932Gorell (Coauthor Cook)

United States armed services healing arts boardsLOCATION SENAMENDED DATE 04172012

TYPE OF BILL

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpubI11-12Ibillasmab_1901-1950ab_1932_bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

An act to add Section 7102 to the Business andProfessions Code relating to healing arts

-

AMENDED IN ASSEMBLY APRIL 172012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1932

Introduced by Assembly Member-Ceek Gorell(Coauthor Assembly Member Cook)

February 222012

An act to add Section 7102 to the Business and Professions Coderelating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1932 as amended euroook Gorell United States armed serviceshealing arts boards

Existing law provides for the licensure and regulation of varioushealing arts professions and vocations by boards within the Departmentof Consumer Affairs Existing law requires the rules and regulations ofthese healing arts boards to provide for methods of evaluating educationtraining and experience obtained in military service if such training isapplicable to the requirements of the particular profession or vocationregulated by the board Under existing law the Department of VeteransAffairs has specified powers and duties relating to various programsserving veterans

This bill would require by January 12014 and annually thereafterevery healing arts board to issue a specified written report to theDepartment of Veterans Affairs and the Legislature as specified thatclearly details the methods of evaluating the education training andexperience obtained in military service and whether that educationtraining and experience is applicable to the boards requirements forlicensure The bill would declare the intent of the Legislature in thisregard

98

AB 1932 -2-

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 710 of the Business and Professions Code2 was enacted in 1969 and because healing arts boards have not3 demonstrated significant compliance with that section it is the4 intent of the Legislature to establish an annual reporting5 requirement to compel these boards to provide information about6 the methods of evaluating education training and experience7 obtained in military service in order to meet the needs of the8 upcoming wave of armed service members returning to civilian9 life

10 SEC 2 Section 7102 is added to the Business and Professions11 Code to read12 7102 (a) By January 12014 and annually thereafter every13 healing arts board described in this division shall issue a written14 report to the Department of Veterans Affairs and to the Legislature15 that clearly details the methods of evaluating the education16 training and experience obtained in military service and whether17 that education training and experience is applicable to the boards18 requirements for licensure This written report shall include but19 not be limited to quantitative information about the number of20 service members who have applied for and have used their military21 education training and experience to fulfill the boards22 requirements for licensure23 (b) (1) The requirement to submit a report to the Legislature24 under subdivision (a) shall be inoperative on January 1 201825 pursuant to Section 102315 of the Government Code26 (2) A report to the Legislature shall be submitted in compliance27 with Section 9795 of the Government Code

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-23- AB518

1 or dependent adult and their obligation to report under this chapter2 At a minimum the instructional materials shall include the3 following4 (a) An explanation of abuse and neglect of an elder or dependent

adult as defined in this chapter6 (b) Information on how to recognize potential abuse and neglect7 of an elder or dependent adult8 (c) Information on how the county adult protective services9 agency investigates reports of known or suspected abuse and

neglect11 (d) Instructions on how to report known or suspected incidents12 of abuse and neglect including the appropriate telephone numbers13 to call and what types of information would assist the county adult14 protective services agency with its investigation of the report

(e) This seetion shall remain in eifcet only tlfttil Jflfttlttry 1 201316 and as of that date is repealed tmless a later enaeted stattlte that17 is enaeted before Jafttlttry 12013 deletes or extends that date18 SEC 10 Section 156555 of the Welfareand Institutions Code19 as amended by Section 712 of Chapter 538 of the Statutes of2006

is repealed21 156555 A eottftt) achtlt proteetive serviees agene) shall22 pmvide the organi2ations listed in paragraphs (v) (vv) and Ex) of23 Seetion 1561017 with instItletional materials regarding elder and24 dependent achtlt abtlse and negleet and their obligation to report

under this ehapter At a minimum the instruetional materials shall26 inelude the follovving27 (a) An explanation of elder and dependent achtlt abuse and28 negleet as defined in this ehapter29 (b) Information on how to reeogni2e potential elder and

dependent achtlt abuse and negleet31 (e) Information on ho vIthe eottftt) achtlt proteeti ve serv iees32 agene) investigates reports of knovm or suspeeted abuse and33 negleet34 (d) Instmetions on hovv to report ]movvn or suspeeted ineidents

of abuse and negleet ineltlding the appropriate telephone llt11llbers36 to eall and what rypes of information vvould assist the eount) adult37 proteetirv e sen iees agene) with its in (estigation of the report38 (e) This seetion shall beeome operati e on January I 20 13

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AB 608 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 608Pan

Health care coverage telemedicine

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to health care

httpwww1eginfocagovpubII-12Ibillasmab_0601-0650ab _608_ bill_ 20120201_status 652012

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AB 783 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 783AUTHOR(S) HayashiTOPIC Professional corporations licensed physical therapists

and occupational therapists+LAST AMENDED DATE 04072011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

COMMCOMMCOMM

HIST ACT DATEHIST ACTION

From committeeRule 62(a)

LOCATION SENACTION DATEACTION

06282011In committee Set second hearing Failed passagewithout further action pursuant to Joint

LASTLAST

BUSINESS PROFESSIONS AND ECONOMIC DEVELOPMENT06272011

Set second hearing Failed passage in Committee

TITLE An act to amend Section 2406 of the Business andProfessions Code and to amend Section 134015 of theCorporations Code relating to professional corporations

httpwwwleginfocagovpub11-12billasmab_0751-0800ab_783_bill_20111115_status 652012

-

AMENDED IN ASSEMBLY APRIL 7 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 783

Introduced by Assembly Member Hayashi

February 172011

An act to amend Section 2406 of the Business and Professions Codeand to amend Section 134015 of the Corporations Code relating toprofcssiemal eorporations and deelaring the mgeney thereof to tttkeeffeet immediatelyprofessional corporations

LEGISLATIVE COUNSELS DIGEST

AB 783 as amended Hayashi Professional corporations licensedphysical therapists and occupational therapists

Existing law regulating professional corporations provides that certainhealing arts practitioners may be shareholders officers directors orprofessional employees of a medical corporation-er-a podiatric medicalcorporation or a chiropractic corporation subject to certain limitations

This bill would add licensed physical therapists and licensedoccupational therapists to the list of healing arts practitioners who maybe shareholders officers directors or professional employees of thosecorporations The bill would also make conforming changes to a relatedprovision

This bill vv otlld deelare that it is to take etteet immediately as anmgeney statttte

Vote -majority Appropriation no Fiscal committee noState-mandated local program no

98

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AB783 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 2406 of the Business and Professions2 Code is amended to read3 2406 A medical corporation or podiatry corporation is a4 corporation that is authorized to render professional services as

defined in Sections 13401 and 134015 ofthe Corporations Code6 so long as that corporation and its shareholders officers directors7 and employees rendering professional services who are physicians8 and surgeons psychologists registered nurses optometrists9 podiatrists chiropractors acupuncturists naturopathic doctors

physical therapists or in the case of a medical corporation only11 physician assistants marriage and family therapists or clinical12 social workers are in compliance with the Moscone-Knox13 Professional Corporation Act the provisions of this article and all14 other statutes and regulations now or hereafter enacted or adopted

pertaining to the corporation and the conduct of its affairs16 With respect to a medical corporation or podiatry corporation17 the governmental agency referred to in the Moscone-Knox18 Professional Corporation Act is the board19 SEC 2 Section 134015 of the Corporations Code is amended

to read21 134015 Notwithstanding subdivision (d) of Section 1340122 and any other provision of law the following licensed persons23 may be shareholders officers directors or professional employees24 of the professional corporations designated in this section so long

as the sum of all shares owned by those licensed persons does not26 exceed 49 percent ofthe total number of shares of the professional27 corporation so designated herein and so long as the number of28 those licensed persons owning shares in the professional29 corporation so designated herein does not exceed the number of

persons licensed by the governmental agency regulating the31 designated professional corporation32 (a) Medical corporation33 (1) Licensed doctors of podiatric medicine34 (2) Licensed psychologists

(3) Registered nurses36 (4) Licensed optometrists37 (5) Licensed marriage and family therapists38 (6) Licensed clinical social workers

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-3-

(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists(10) Naturopathic doctors(11) Licensed physical therapists(12)Licensed occupational therapists(b) Podiatric medical corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed optometrists(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(8) Licensed physical therapists(9) Licensed occupational therapists(c) Psychological corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Registered nurses(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed chiropractors(8) Licensed acupuncturists(9) Naturopathic doctors(d) Speech-language pathology corporation(1) Licensed audiologists(e) Audiology corporation(1) Licensed speech-language pathologists(t) Nursing corporation(l) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists

AB783

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AB783 -4-

(10) Naturopathic doctors(g) Marriage and family therapy corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed clinical social workers(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(h) Licensed clinical social worker corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed marriage and family therapists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(i) Physician assistants corporation(1) Licensed physicians and surgeons(2) Registered nurses(3) Licensed acupuncturists(4) Naturopathic doctorsG) Optometric corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(k) Chiropractic corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed acupuncturists(9) Naturopathic doctors

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-5- AB783

(10) Licensed physical therapists(11) Licensed occupational therapists(l) Acupuncture corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed physician assistants(9) Licensed chiropractors(10) Naturopathic doctors(m) Naturopathic doctor corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed physician assistants(5) Licensed chiropractors(6) Licensed acupuncturists(7) Licensed physical therapists(8) Licensed doctors of podiatric medicine(9) Licensed marriage family and child counselors(10) Licensed clinical social workers(11) Licensed optometrists(n) Dental corporation(1) Licensed physicians and surgeons(2) Dental assistants(3) Registered dental assistants(4) Registered dental assistants in extended functions(5) Registered dental hygienists(6) Registered dental hygienists in extended functions(7) Registered dental hygienists in alternative practiceSEC 3 This aet is Ml ttrgene statttte neeessary for the

immediatepresenation of the ptlblie peaee hettlihor saferyvvithinthe meMling of Miele IV of the Constittttion Mld shaHgo intoimmediate effeet The fftets eonstitttting the neeessiry Me

In order to 8t1thorizelieensed physieal therapists to beshareholders offieers mreetors or professional employees of

98

AD7S3 -6-

1 memeal eorpofatiofts andpodiatrie medieal eorpofatiofts as soOft2 as possible it is fteeessary that this aet tftke dIeet immediately

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98

AB 800 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 800Huber

Boards and commissions time reporting

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to add Section 1156410 to the Government Coderelating to boards and commissions

httpwwwleginfocagovpubI11-12billasmlab_0751-0800ab _800_ bill_20120201_status 652012

-

AB 958 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 958Bill Berryhill

Regulatory boards limitations periods

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to Art IV Sec 10(e) of theFrom committee Filed with the Chiefto Joint Rule 56BUSINESS PROFESSIONS AND CONSUMER PROTECTION

TITLE An act to add Section 1105 to and to repeal Sections16702 22305 296005 3137 375051 498205499032 5561 5661 76865 988420 and 98898 of theBusiness and Professions Code relating to regulatoryboards

httpwwwleginfocagovpub11-12lbillasmlab_0951-1 OOOab_958 _bill_ 20120202_ status 652012

AB 1003 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 1003Smyth

Professional and vocational licenses

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to professional and vocational licenses

httpwwwleginfocagovpubll-12Ibillasmlab_l00l-l 050ab_1003 _bill_2012020 I_statu 652012

-

AB 1205 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1205AUTHOR(S) Bill BerryhillTOPIC Licensed behavior analysts+LAST AMENDED DATE 04042011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to amend Section 499018 of and to add Chapter52 (commencing with Section 252971) to Division 2 ofthe Business and Professions Code relating to healingarts

httpwwwleginfocagovpub11-12billasmab _120 1-1250ab_1205 _bill_20 120201_statu 652012

AB 1435 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1435AUTHOR(S) Dickinson (Coauthors Alejo Buchanan and Hill) TOPIC Child abuse reporting athletic personnelHOUSE LOCATION SEN+LAST AMENDED DATE OS252012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredState-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS for

LASTLAST

APPROPRIATIONSOS252012

Do pass as amendedAyes 17 Noes OOPASS

TITLE An act to amend Section 111657 of the Penal Coderelating to child abuse reporting

httpwww1eginfocagovpub11-12lbiIVasmab_140 1-1450ab _1435 _bill~0120601_statu 652012

AMENDED IN ASSEMBLY MAY 25 2012

AMENDED IN ASSEMBLY MARCH 21 2012

AMENDED IN ASSEMBLY MARCH 142012

AMENDED IN ASSEMBLY FEBRUARY 29 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1435

Introduced by Assembly Member Dickinson(Coauthors Assembly Members Alejo Buchanan and Hill)

January 4 2012

An act to amend Section 111657 of the Penal Code relating to childabuse reporting

LEGISLATIVE COUNSELS DIGEST

AB 1435 as amended Dickinson Child abuse reporting athleticpersonnel

Existing law the Child Abuse and Neglect Reporting Act requiresa mandated reporter as defined to report whenever he or she in his orher professional capacity or within the scope of his or her employmenthas knowledge of or observed a child whom the mandated reporterknows or reasonably suspects has been the victim of child abuse orneglect Failure to report an incident is a crime punishable byimprisonment in a county jail for a period of up to 6 months a fine ofup to $1000 or by both that imprisonment and fine

This bill would add athletic coaches athletic administrators andathletic directors employed by a public or private organization to thelist of individuals who are mandated reporters The bill otlld reqtlirean ptlblie or pri v ate orgflftizationernplo ing flftathletieeoaen Mhletie

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~

AB 1435 -2-

ftdministrator or Mhletie direetor to hftve provided initiftl trftining byJflfttlM) I 2014 on speeified mfttters relMing to ehiM a-bttse ftftdnegleetfor those employees On ftftd ftfter lftnuftry 12014 the bill vvottld reeJtlireinitiftl trftining to be pro vided IV ithin 6 months of the dMe ftn indi vidttftlbeeomes employed in thM eftlfteiry The bill vvouM require theseindividuftls to eomplete eontifttling tminmg every 2 yeMs

By imposing the reporting requirements on a new class of personsfor whom failure to report specified conduct is a crime ftftdby imposingne~ trftining reeJtlirements on publie oIgftfiiZMions ineluding loeftlgOvernment entities this bill would impose a state-mandated localprogram

The Cftlifomift Constittltion reqtlires the stMe to reimbtlfse loeftlftgeneies ftnd sehool distriets for eertftin eosts mftftdMed by the stftteStftttltory pItYvisions esffiblish proeedtlfes for mftkffigthftt reimbtlfsement

This bill hould pro vide thM 4vith regMd to eertftin mftftdfttes noIeimbtlfsement is reeJtlired by this ftet for ft speeified reftson

Vith regftM to ftny other mftndMeS this bill vv0tlM pro vide thM if theCommission on StMe ~bndtltes determines thM the bill eontftins eostsso mftndftted by the stftte reimbttIsement for those eosts shftll be mftdeptlfStlftnt to the stftttltory pro visions noted ttbo ve

The California Constitution requires the state to reimburse localagencies and school districts for certain costs mandated by the stateStatutory provisions establish procedures for making thatreimbursement

This bill would provide that no reimbursement is required by this actfor a specified reason

Vote majority Appropriation no Fiscal committee yesState-mandated local program yes

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 111657 of the Penal Code is amended2 to read3 111657 (a) As used in this article mandated reporter is4 defined as any of the following5 (1) A teacher6 (2) An instructional aide7 (3) A teachers aide or teachers assistant employed by any8 public or private schooL9 (4) A classified employee of any public schooL

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5

10

15

20

25

30

35

40

-3- AB 1435

1 (5) An administrative officer or supervisor of child welfare and2 attendance or a certificated pupil personnel employee of any public3 or private school4 (6) An administrator of a public or private day camp

(7) An administrator or employee of a public or private youth6 center youth recreation program or youth organization7 (8) An administrator or employee of a public or private8 organization whose duties require direct contact and supervision9 of children

(9) Any employee of a county office of education or the State11 Department of Education whose duties bring the employee into12 contact with children on a regular basis13 (10) A licensee an administrator or an employee of a licensed14 community care or child day care facility

(11) A Head Start program teacher16 (12) A licensing worker or licensing evaluator employed by a17 licensing agency as defined in Section 111651118 (13) A public assistance worker19 (14) An employee of a child care institution including but not

limited to foster parents group home personnel and personnel of21 residential care facilities22 (15) A social worker probation officer or parole officer23 (16) An employee of a school district police or security24 department

(17) Any person who is an administrator or presenter of or a26 counselor in a child abuse prevention program in any public or27 private school28 (18) A district attorney investigator inspector or local child29 support agency caseworker unless the investigator inspector or

caseworker is working with an attorney appointed pursuant to31 Section 317 of the Welfare and Institutions Code to represent a32 mmor33 (19) A peace officer as defined in Chapter 45 (commencing34 with Section 830) of Title 3 of Part 2 who is not otherwise

described in this section36 (20) A firefighter except for volunteer firefighters37 (21) A physician and surgeon psychiatrist psychologist dentist38 resident intern podiatrist chiropractor licensed nurse dental39 hygienist optometrist marriage and family therapist clinical social

worker professional clinical counselor or any other person who

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AB 1435 -4-

is currently licensed under Division 2 (commencing with Section500) of the Business and Professions Code

(22) Any emergency medical technician I or II paramedic orother person certified pursuant to Division 25 (commencing withSection 1797) of the Health and Safety Code

(23) A psychological assistant registered pursuant to Section2913 of the Business and Professions Code

(24) A marriage and family therapist trainee as defined insubdivision (c) of Section 498003 of the Business and ProfessionsCode

(25) An unlicensed marriage and family therapist internregistered under Section 498044 of the Business and ProfessionsCode

(26) A state or county public health employee who treats a minorfor venereal disease or any other condition

(27) A coroner(28) A medical examiner or any other person who performs

autopsies(29) A commercial film and photographic print processor as

specified in subdivision (e) of Section 11166 As used in thisarticle commercial film and photographic print processor meansany person who develops exposed photographic film into negativesslides or prints or who makes prints from negatives or slides forcompensation The term includes any employee of such a personit does not include a person who develops film or makes prints fora public agency

(30) A child visitation monitor As used in this article childvisitation monitor means any person who for financialcompensation acts as monitor of a visit between a child and anyother person when the monitoring of that visit has been orderedby a court of law

(31) An animal control officer or humane society officer Forthe purposes ofthis article the following terms have the followingmeanings

(A) Animal control officer means any person employed by acity county or city and county for the purpose of enforcing animalcontrol laws or regulations

(B) Humane society officer means any person appointed oremployed by a public or private entity as a humane officer who is

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-5- AB 1435

qualified pursuant to Section 14502 or 14503 of the CorporationsCode

(32) A clergy member as specified in subdivision (d) of Section11166 As used in this article clergy member means a priestminister rabbi religious practitioner or similar functionary of achurch temple or recognized denomination or organization

(33) Any custodian of records of a clergy member as specifiedin this section and subdivision (d) of Section 11166

(34) Any employee of any police department county sheriffsdepartment county probation department or county welfaredepartment

(35) An employee or volunteer of a Court Appointed SpecialAdvocate program as defined in Rule 1424 ofthe California Rulesof Court

(36) A custodial officer as defined in Section 8315(37) Any person providing services to a minor child under

Section 12300 or 123001 of the Welfare and Institutions Code(38) An alcohol and drug counselor As used in this article an

alcohol and drug counselor is a person providing counselingtherapy or other clinical services for a state licensed or certifieddrug alcohol or drug and alcohol treatment program Howeveralcohol or drug abuse or both alcohol and drug abuse is not inand of itself a sufficient basis for reporting child abuse or neglect

(39) A clinical counselor trainee as defined in subdivision (g)of Section 499912 of the Business and Professions Code

(40) A clinical counselor intern registered under Section 499942of the Business and Professions Code

(41) An athletic coach athletic administrator or athletic directoremployed by a public or private organization including but notlimited to schools and instittttions of higher e6ueation thatprovidekindergarten or any of grades 1 to 12 inclusive

(b) Except as provided in paragraph (35) of subdivision (a)volunteers of public or private organizations whose duties requiredirect contact with and supervision of children are not mandatedreporters but are encouraged to obtain training in the identificationand reporting of child abuse and neglect and are further encouragedto report known or suspected instances of child abuse or neglectto an agency specified in Section 111659

(c) Employers are strongly encouraged to provide theiremployees who are mandated reporters with training in the duties

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AB 1435 -6-

imposed by this article This training shall include training in childabuse and neglect identification and training in child abuse andneglect reporting Whether or not employers provide theiremployees with training in child abuse and neglect identificationand reporting the employers shall provide their employees whoare mandated reporters with the statement required pursuant tosubdivision (a) of Section 111665

(d) School districts that do not train their employees specifiedin subdivision (a) in the duties of mandated reporters under thechild abuse reporting laws shall report to the State Department ofEducation the reasons why this training is not provided

(e) Unless otherwise specifically provided the absence oftraining shall not excuse a mandated reporter from the dutiesimposed by this article

(f) Public and private organizations are encouraged to providetheir volunteers whose duties require direct contact with andsupervision of children with training in the identification andreporting of child abuse and neglect

(g) (1) On 6r befure Jttmtary 1 2014 ttll) pttblie 6r privflie6rganizttti6ftemp16ing ttft Mhletie e6tteh Mhletie ttdmimstrltt6r6r Mhletie direet6r ttSspeeified ift pMttgrttph (41) 6f sttbdivisi6ft(tt) shttll pr6 vide iftitittl trttining f6r th6se empl~ ees 6n thefull6vvingmtttters

(A) The identifiettti6n 6f ehild ttbttse ttnd negleet(D) Aeti vities thttt e6ftstitttte inltppr6prittte ttftd illegttl e6ntttet

betiveen tt 6tlth ltftd ltft ttthietie e6tteh Mhletie ttdmiftistrttt6r 6rttthietie direet6r

(6) The resp6nsibilities 6f tt pers6n identified lIStt mttndfliedrep6rter in this seeti6n ineIttding btl ft6t limited t6 ttll 6f thefull6 vving

(i) T6 ~h6m tt rep6rt is reqtlired t6 be mttde(ii) The inf6rmttti6n thttt is reqttired t6 be ifte1ttdedin tt rep6rt(iii) The time vvithiftvvhieha mandated rep6rter is reqttired t6

file tt rep6rt(2) Initittl training shall be pr6vided b perS6ftSkn6vvledgeltble

ift the identifiettti6n 6fehild aettse ttnd negleet inltppf6prittte ltftdillegal e6ntaet bem eena 6ttth and ltftadttIt ltftdstatttt6ry rep6rtingreqttiremeftts ltftdshttll e6nsist 6ftw6 h6ttrs 6felassr66m 6r 6therinteraetive trainiftg ltftdedttettti6n

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-7- AB 1435

1 (h) Commeneing on fmd aftel Jfmtlftry12014 fmofgfmization2 speeified in sttbdivision (g) shaHpro ide initial training within six3 months of the date that fm individtutl beeomes empleryed as an4 Mhletie eoaeh athletie administrator or athletie direetor ttnless5 the indi idttal reeei ed training Hithin tw0 years prior to the date6 the indi idtlal is empleryed An Mhletie eoaeh athletie7 administrator or athletie direetor Hho has leeeied initial training8 ptlfStlafttto sttbdiision (g) shall eomplete eontifttling training9 thereafter onee eery two years eonsisting of one hottf of

10 elassroom or other interaeti e training fmd edtteation11 SEC 2 No reimbtlrsement is reqtlired by this aet pttfStlafttto12 Seetion 6 ofArtiele )GIlD of the California Constitution for eertain13 eosts that may be inetllTed by a loeal ageney or sehool distriet14 beeatlse ift that regard this aet ereates a nev erime or infraetion15 eliminates a erime or infraetion or ehfmges the penalty fOfa erime16 or inflaetion Hithin the meaning of Seetion 17556 of the17 Goemment Code or ehanges the definition ofa elime Hithin the18 meaning of Seetion 6 of Aniele XIII D of the Califomia19 Constitution20 IIo~eer if the Commission on State Mfmdates determines that21 this aet eontainsother eosts mfmdated by the state reimbttfsement22 to loeal ageneies fmd sehool distliets for those eosts shall be made23 ptlfStlafttto Part 7 (eommeneing Hith Seetion 17500) of Division24 4 of Title 2 of the Goemment Code25 SEC 2 No reimbursement is required by this act pursuant to26 Section 6 of Article XIII B of the California Constitution because27 the only costs that may be incurred by a local agency or school28 district will be incurred because this act creates a new crime or29 infraction eliminates a crime or infraction or changes thepenalty30 for a crime or infraction within the meaning of Section 17556 of31 the Government Code or changes the definition of a crime within32 the meaning of Section 6 of Article XIII B of the California33 Constitution

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AB 1904 Assembly Bill Status

MEASURE AUTHOR(S)TOPIC

HOUSE

CURRENT BILL STATUS

AB No 1904Block Butler and

Professions and vocationslicenses

LOCATION

Cookmilitary spouses temporary

TYPE OF BILL

SEN

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyAppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpub11-12billasmab _1901-1950ab _1904_ bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes Noes OOPASS17

An act to add Section 1155 to the Business andProfessions Code relating to professions and vocationsand making an appropriation therefor

-

AB 1588 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1588AUTHOR(S) Atkins (Principal coauthors Cook and Nielsen)

(Coauthors Block Beth Gaines Pan V Manuel PerezWilliams and Yamada)

TOPIC Professions and vocations reservist licensees fees andcontinuing education

HOUSE LOCATION SEN+LAST AMENDED DATE 03052012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS forLAST

LAST

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

TITLE An act to add Section 1143 to the Business andProfessions Code relating to professions and vocations

htlpllwwwleginfocagovpubll-12Ibillasmlab _1551-1600ab _1588 _bill_20120601_statu 652012

middot

AMENDED IN ASSEMBLY MARCH 5 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1588

Introduced by Assembly Member Atkins(Principal coauthors Assembly Members Cook and Nielsen)

(Coauthors Assembly Members Block Beth Gaines PanV Manuel Perez Williams and Yamada)

February 6 2012

An act to add Section 1143 to the Business and Professions Coderelating to professions and vocations

LEGISLATIVE COUNSELS DIGEST

AB 1588 as amended Atkins Professions and vocations reservistlicensees fees and continuing education

Existing law provides for the regulation of various professions andvocations by boards commissions or bureaus within the Departmentof Consumer Affairs and for the licensure or registration of individualsin that regard Existing law authorizes any licensee whose licenseexpired while he or she was on active duty as a member of the CaliforniaNational Guard or the United States Armed Forces to reinstate his orher license without examination or penalty if certain requirements aremet

This bill would require the boards commissions or bureaus describedabove to waive the renewal fees and continuing education requirementsif either is applicable of any licensee or registrant who is a reservistcalled to active duty as a member of the United States Military Reserveor the California National Guard if certain requirements are met

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

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AB 1588 -2-

Thepeople of the State of Califomi a do enact asfollows

1 SECTION 1 Section 1143 is added to the Business and2 Professions Code to read3 1143 Notwithstanding any other provision oflaw everyboard4 commission or bureau within the department shall waive the5 renewal fees and continuing education requirements if either is6 applicable for any licensee or registrant who is a reservist called7 to active duty as a member of the United States Military Reserve8 or the California National Guard if all of the following9 requirements are met

10 (a) The licensee or registrant was in good standing with the11 board commission or bureau at the time the reservist was called12 to active duty13 (b) The renewal fees or continuing education requirements are14 waived only for the period during which the reservist is on active15 duty service16 (c) The active duty reservist or the active duty reservists spouse17 or registered domestic partner provides written notice satisfactory18 to the board commission or bureau that substantiates the19 reservists active duty service

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AB 1896 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1896AUTHOR(S) ChesbroTOPIC Tribal health programs health care practitionersHOUSE LOCATION SEN+LAST AMENDED DATE 03272012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATIONCOMM ACTION DATECOMM ACTIONCOMM VOTE SUMMARY

ASM

05172012Referred to Com on B P amp EDBUSINESS PROFESSIONS AND CONSUMER PROTECTION04102012

Do passAyes 09 Noes OOPASS

TITLE An act to amend the heading of Article 10 (commencingwith Section 710) of Chapter 1 of Division 2 of and toadd Section 719 to the Business and Professions Coderelating to healing arts

httpwwwleginfocagovpubI11-12lbillasmab_1851-1900ab_1896_bill_20120517 _statu 652012

-

AMENDED IN ASSEMBLY MARCH 27 2012

CALIFORNIA LEGISLATURE-20II-12 REGULAR SESSION

ASSEMBLY BILL No 1896

Introduced by Assembly Member Chesbro

February 222012

An act to amend the heading of Article 10 (commencing with Section710) of Chapter 1 of Division 2 of and to add Section 719 to theBusiness and Professions Code relating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1896 as amended Chesbro Tribal health programs health carepractitioners

Under existing federal law licensed health professionals employedby a tribal health program are required to be exempt if licensed in anystate from the licensing requirements of the state in which the tribalhealth program performs specified services A tribal health program isdefined as an Indian tribe or tribal organization that operates any healthprogram service function activity or facility funded in whole or partby the Indian Health Service

Existing law provides for the licensure and regulation of health carepractitioners by various healing arts boards within the Department ofConsumer Affairs

This bill would codify that federal requirement by specifying that aperson who is licensed as a health care practitioner in any other stateand is employed by a tribal health program is exempt from any statelicensing requirement with respect to acts authorized under thepersonslicense where the tribal health program performs specified services

Vote majority Appropriation no Fiscal committee noState-mandated local program no

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AD 1896 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 The heading of Article 10 (commencing with2 Section 710) of Chapter 1 of Division 2 of the Business and3 Professions Code is amended to read456789

101112131415161718192021

Article 10 Federal Personnel and Tribal Health Programs

SEC 2 Section 719 is added to the Business and ProfessionsCode to read

719 (a) A person who is licensed as a health care practitionerin any other state and is employed by a tribal health program asdefined in Section 1603 of Title 25 of the United States Code shallbe exempt from any licensing requirement described in this divisionwith respect to acts authorized under the persons license wherethe tribal health program performs the services described in thecontract or compact of the tribal health program under the IndianSelf-Determination and Education Assistance Act (25 USC Sec450 et seq)

(b) For purposes of this section health care practitioner meansany person who engages in acts that are the subject of licensureor regulation under this division or Ml) initiative 8et referred to inthis division the law of any other state

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CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1904

Introduced by Assembly Members Block Butler and Cook

February 222012

An act to add Section 1155 to the Business and Professions Coderelating to professions and vocations and making an appropriationtherefor

LEGISLATIVE COUNSELS DIGEST

AB 1904 as introduced Block Professions and vocations militaryspouses temporary licenses

Existing law provides for the licensure and regulation of variousprofessions and vocations by boards within the Department of ConsumerAffairs Existing law provides for the issuance of reciprocal licenses incertain fields where the applicant among other requirements has alicense to practice within that field in another jurisdiction as specifiedUnder existing law licensing fees imposed by certain boards withinthe department are deposited in funds that are continuously appropriated

This bill would authorize a board within the department to issue atemporary license to an applicant who among other requirements holdsan equivalent license in another jurisdiction as specified and is marriedto or in a legal union with an active duty member of the Armed Forcesofthe United States who is assigned to a duty station in California underofficial active duty military orders The bill would require a board toexpedite the process for issuing these temporary licenses The bill wouldrequire the applicant to pay any fees required by the board and wouldrequire that those fees be deposited in the fund used by the board toadminister its licensing program To the extent that the bill would

99

AB 1904 -2-

increase the amount of money deposited into a continuously appropriatedfund the bill would make an appropriation

Vote majority Appropriation yes Fiscal committee yesState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 1155 is added to the Business and2 Professions Code to read3 1155 (a) A board within the department may issue a4 temporary license to an applicant who meets all of the following5 requirements6 (l) Submits an application in the manner prescribed by the7 board8 (2) Supplies evidence satisfactory to the board that the applicant9 is married to or in a domestic partnership or other legal union

10 with an active duty member of the Armed Forces of the United11 States who is assigned to a duty station in this state under official12 active duty military orders13 (3) Holds a current license in another state district or territory14 of the United States with the requirements that the board determines15 are substantially equivalent to those established under this code16 for that occupation17 (4) Has not committed an act in anyjurisdiction that would have18 constituted grounds for denial suspension or revocation of the19 license under this code at the time the act was committed20 (5) Has not been disciplined by a licensing entity in another21 jurisdiction and is not the subject of an unresolved complaint22 review procedure or disciplinary proceeding conducted by a23 licensing entity in another jurisdiction24 (6) Pays any fees required by the board Those fees shall be25 deposited in the applicable fund or account used by the board to26 administer its licensing program27 (7) Submits fingerprints and any applicable fingerprinting fee28 in the manner required of an applicant for a regular license29 (b) A board shall expedite the procedure for issuing a temporary30 license pursuant to this section31 (c) A temporary license issued under this section shall be valid32 for 180 days except that the license may at the discretion of the

99

-3- AB 1904

I board be extended for an additional180-day period on application2 of the license holder3 (d) A board may adopt regulations necessary to administer this4 section

o

99

AB 1932 Assembly Bill Status

MEASURE AUTHOR(S)TOPICHOUSE+LAST

CURRENT BILL STATUS

AB No 1932Gorell (Coauthor Cook)

United States armed services healing arts boardsLOCATION SENAMENDED DATE 04172012

TYPE OF BILL

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpubI11-12Ibillasmab_1901-1950ab_1932_bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

An act to add Section 7102 to the Business andProfessions Code relating to healing arts

-

AMENDED IN ASSEMBLY APRIL 172012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1932

Introduced by Assembly Member-Ceek Gorell(Coauthor Assembly Member Cook)

February 222012

An act to add Section 7102 to the Business and Professions Coderelating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1932 as amended euroook Gorell United States armed serviceshealing arts boards

Existing law provides for the licensure and regulation of varioushealing arts professions and vocations by boards within the Departmentof Consumer Affairs Existing law requires the rules and regulations ofthese healing arts boards to provide for methods of evaluating educationtraining and experience obtained in military service if such training isapplicable to the requirements of the particular profession or vocationregulated by the board Under existing law the Department of VeteransAffairs has specified powers and duties relating to various programsserving veterans

This bill would require by January 12014 and annually thereafterevery healing arts board to issue a specified written report to theDepartment of Veterans Affairs and the Legislature as specified thatclearly details the methods of evaluating the education training andexperience obtained in military service and whether that educationtraining and experience is applicable to the boards requirements forlicensure The bill would declare the intent of the Legislature in thisregard

98

AB 1932 -2-

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 710 of the Business and Professions Code2 was enacted in 1969 and because healing arts boards have not3 demonstrated significant compliance with that section it is the4 intent of the Legislature to establish an annual reporting5 requirement to compel these boards to provide information about6 the methods of evaluating education training and experience7 obtained in military service in order to meet the needs of the8 upcoming wave of armed service members returning to civilian9 life

10 SEC 2 Section 7102 is added to the Business and Professions11 Code to read12 7102 (a) By January 12014 and annually thereafter every13 healing arts board described in this division shall issue a written14 report to the Department of Veterans Affairs and to the Legislature15 that clearly details the methods of evaluating the education16 training and experience obtained in military service and whether17 that education training and experience is applicable to the boards18 requirements for licensure This written report shall include but19 not be limited to quantitative information about the number of20 service members who have applied for and have used their military21 education training and experience to fulfill the boards22 requirements for licensure23 (b) (1) The requirement to submit a report to the Legislature24 under subdivision (a) shall be inoperative on January 1 201825 pursuant to Section 102315 of the Government Code26 (2) A report to the Legislature shall be submitted in compliance27 with Section 9795 of the Government Code

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Page 39: DISCUSSION ANDPOSSIBLE ACTION REGARDING PENDING … · 2012-06-14  · Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of2010 (PublicLaw 111-152)

AB 608 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 608Pan

Health care coverage telemedicine

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to health care

httpwww1eginfocagovpubII-12Ibillasmab_0601-0650ab _608_ bill_ 20120201_status 652012

-

AB 783 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 783AUTHOR(S) HayashiTOPIC Professional corporations licensed physical therapists

and occupational therapists+LAST AMENDED DATE 04072011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

COMMCOMMCOMM

HIST ACT DATEHIST ACTION

From committeeRule 62(a)

LOCATION SENACTION DATEACTION

06282011In committee Set second hearing Failed passagewithout further action pursuant to Joint

LASTLAST

BUSINESS PROFESSIONS AND ECONOMIC DEVELOPMENT06272011

Set second hearing Failed passage in Committee

TITLE An act to amend Section 2406 of the Business andProfessions Code and to amend Section 134015 of theCorporations Code relating to professional corporations

httpwwwleginfocagovpub11-12billasmab_0751-0800ab_783_bill_20111115_status 652012

-

AMENDED IN ASSEMBLY APRIL 7 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 783

Introduced by Assembly Member Hayashi

February 172011

An act to amend Section 2406 of the Business and Professions Codeand to amend Section 134015 of the Corporations Code relating toprofcssiemal eorporations and deelaring the mgeney thereof to tttkeeffeet immediatelyprofessional corporations

LEGISLATIVE COUNSELS DIGEST

AB 783 as amended Hayashi Professional corporations licensedphysical therapists and occupational therapists

Existing law regulating professional corporations provides that certainhealing arts practitioners may be shareholders officers directors orprofessional employees of a medical corporation-er-a podiatric medicalcorporation or a chiropractic corporation subject to certain limitations

This bill would add licensed physical therapists and licensedoccupational therapists to the list of healing arts practitioners who maybe shareholders officers directors or professional employees of thosecorporations The bill would also make conforming changes to a relatedprovision

This bill vv otlld deelare that it is to take etteet immediately as anmgeney statttte

Vote -majority Appropriation no Fiscal committee noState-mandated local program no

98

5

10

15

20

25

30

35

AB783 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 2406 of the Business and Professions2 Code is amended to read3 2406 A medical corporation or podiatry corporation is a4 corporation that is authorized to render professional services as

defined in Sections 13401 and 134015 ofthe Corporations Code6 so long as that corporation and its shareholders officers directors7 and employees rendering professional services who are physicians8 and surgeons psychologists registered nurses optometrists9 podiatrists chiropractors acupuncturists naturopathic doctors

physical therapists or in the case of a medical corporation only11 physician assistants marriage and family therapists or clinical12 social workers are in compliance with the Moscone-Knox13 Professional Corporation Act the provisions of this article and all14 other statutes and regulations now or hereafter enacted or adopted

pertaining to the corporation and the conduct of its affairs16 With respect to a medical corporation or podiatry corporation17 the governmental agency referred to in the Moscone-Knox18 Professional Corporation Act is the board19 SEC 2 Section 134015 of the Corporations Code is amended

to read21 134015 Notwithstanding subdivision (d) of Section 1340122 and any other provision of law the following licensed persons23 may be shareholders officers directors or professional employees24 of the professional corporations designated in this section so long

as the sum of all shares owned by those licensed persons does not26 exceed 49 percent ofthe total number of shares of the professional27 corporation so designated herein and so long as the number of28 those licensed persons owning shares in the professional29 corporation so designated herein does not exceed the number of

persons licensed by the governmental agency regulating the31 designated professional corporation32 (a) Medical corporation33 (1) Licensed doctors of podiatric medicine34 (2) Licensed psychologists

(3) Registered nurses36 (4) Licensed optometrists37 (5) Licensed marriage and family therapists38 (6) Licensed clinical social workers

98

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10111213141516171819202122232425262728293031323334353637383940

-3-

(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists(10) Naturopathic doctors(11) Licensed physical therapists(12)Licensed occupational therapists(b) Podiatric medical corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed optometrists(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(8) Licensed physical therapists(9) Licensed occupational therapists(c) Psychological corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Registered nurses(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed chiropractors(8) Licensed acupuncturists(9) Naturopathic doctors(d) Speech-language pathology corporation(1) Licensed audiologists(e) Audiology corporation(1) Licensed speech-language pathologists(t) Nursing corporation(l) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists

AB783

98

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10111213141516171819202122232425262728293031323334353637383940

AB783 -4-

(10) Naturopathic doctors(g) Marriage and family therapy corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed clinical social workers(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(h) Licensed clinical social worker corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed marriage and family therapists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(i) Physician assistants corporation(1) Licensed physicians and surgeons(2) Registered nurses(3) Licensed acupuncturists(4) Naturopathic doctorsG) Optometric corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(k) Chiropractic corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed acupuncturists(9) Naturopathic doctors

98

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101112131415161718192021222324252627282930313233343536373839

-5- AB783

(10) Licensed physical therapists(11) Licensed occupational therapists(l) Acupuncture corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed physician assistants(9) Licensed chiropractors(10) Naturopathic doctors(m) Naturopathic doctor corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed physician assistants(5) Licensed chiropractors(6) Licensed acupuncturists(7) Licensed physical therapists(8) Licensed doctors of podiatric medicine(9) Licensed marriage family and child counselors(10) Licensed clinical social workers(11) Licensed optometrists(n) Dental corporation(1) Licensed physicians and surgeons(2) Dental assistants(3) Registered dental assistants(4) Registered dental assistants in extended functions(5) Registered dental hygienists(6) Registered dental hygienists in extended functions(7) Registered dental hygienists in alternative practiceSEC 3 This aet is Ml ttrgene statttte neeessary for the

immediatepresenation of the ptlblie peaee hettlihor saferyvvithinthe meMling of Miele IV of the Constittttion Mld shaHgo intoimmediate effeet The fftets eonstitttting the neeessiry Me

In order to 8t1thorizelieensed physieal therapists to beshareholders offieers mreetors or professional employees of

98

AD7S3 -6-

1 memeal eorpofatiofts andpodiatrie medieal eorpofatiofts as soOft2 as possible it is fteeessary that this aet tftke dIeet immediately

o

98

AB 800 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 800Huber

Boards and commissions time reporting

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to add Section 1156410 to the Government Coderelating to boards and commissions

httpwwwleginfocagovpubI11-12billasmlab_0751-0800ab _800_ bill_20120201_status 652012

-

AB 958 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 958Bill Berryhill

Regulatory boards limitations periods

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to Art IV Sec 10(e) of theFrom committee Filed with the Chiefto Joint Rule 56BUSINESS PROFESSIONS AND CONSUMER PROTECTION

TITLE An act to add Section 1105 to and to repeal Sections16702 22305 296005 3137 375051 498205499032 5561 5661 76865 988420 and 98898 of theBusiness and Professions Code relating to regulatoryboards

httpwwwleginfocagovpub11-12lbillasmlab_0951-1 OOOab_958 _bill_ 20120202_ status 652012

AB 1003 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 1003Smyth

Professional and vocational licenses

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to professional and vocational licenses

httpwwwleginfocagovpubll-12Ibillasmlab_l00l-l 050ab_1003 _bill_2012020 I_statu 652012

-

AB 1205 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1205AUTHOR(S) Bill BerryhillTOPIC Licensed behavior analysts+LAST AMENDED DATE 04042011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to amend Section 499018 of and to add Chapter52 (commencing with Section 252971) to Division 2 ofthe Business and Professions Code relating to healingarts

httpwwwleginfocagovpub11-12billasmab _120 1-1250ab_1205 _bill_20 120201_statu 652012

AB 1435 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1435AUTHOR(S) Dickinson (Coauthors Alejo Buchanan and Hill) TOPIC Child abuse reporting athletic personnelHOUSE LOCATION SEN+LAST AMENDED DATE OS252012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredState-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS for

LASTLAST

APPROPRIATIONSOS252012

Do pass as amendedAyes 17 Noes OOPASS

TITLE An act to amend Section 111657 of the Penal Coderelating to child abuse reporting

httpwww1eginfocagovpub11-12lbiIVasmab_140 1-1450ab _1435 _bill~0120601_statu 652012

AMENDED IN ASSEMBLY MAY 25 2012

AMENDED IN ASSEMBLY MARCH 21 2012

AMENDED IN ASSEMBLY MARCH 142012

AMENDED IN ASSEMBLY FEBRUARY 29 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1435

Introduced by Assembly Member Dickinson(Coauthors Assembly Members Alejo Buchanan and Hill)

January 4 2012

An act to amend Section 111657 of the Penal Code relating to childabuse reporting

LEGISLATIVE COUNSELS DIGEST

AB 1435 as amended Dickinson Child abuse reporting athleticpersonnel

Existing law the Child Abuse and Neglect Reporting Act requiresa mandated reporter as defined to report whenever he or she in his orher professional capacity or within the scope of his or her employmenthas knowledge of or observed a child whom the mandated reporterknows or reasonably suspects has been the victim of child abuse orneglect Failure to report an incident is a crime punishable byimprisonment in a county jail for a period of up to 6 months a fine ofup to $1000 or by both that imprisonment and fine

This bill would add athletic coaches athletic administrators andathletic directors employed by a public or private organization to thelist of individuals who are mandated reporters The bill otlld reqtlirean ptlblie or pri v ate orgflftizationernplo ing flftathletieeoaen Mhletie

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AB 1435 -2-

ftdministrator or Mhletie direetor to hftve provided initiftl trftining byJflfttlM) I 2014 on speeified mfttters relMing to ehiM a-bttse ftftdnegleetfor those employees On ftftd ftfter lftnuftry 12014 the bill vvottld reeJtlireinitiftl trftining to be pro vided IV ithin 6 months of the dMe ftn indi vidttftlbeeomes employed in thM eftlfteiry The bill vvouM require theseindividuftls to eomplete eontifttling tminmg every 2 yeMs

By imposing the reporting requirements on a new class of personsfor whom failure to report specified conduct is a crime ftftdby imposingne~ trftining reeJtlirements on publie oIgftfiiZMions ineluding loeftlgOvernment entities this bill would impose a state-mandated localprogram

The Cftlifomift Constittltion reqtlires the stMe to reimbtlfse loeftlftgeneies ftnd sehool distriets for eertftin eosts mftftdMed by the stftteStftttltory pItYvisions esffiblish proeedtlfes for mftkffigthftt reimbtlfsement

This bill hould pro vide thM 4vith regMd to eertftin mftftdfttes noIeimbtlfsement is reeJtlired by this ftet for ft speeified reftson

Vith regftM to ftny other mftndMeS this bill vv0tlM pro vide thM if theCommission on StMe ~bndtltes determines thM the bill eontftins eostsso mftndftted by the stftte reimbttIsement for those eosts shftll be mftdeptlfStlftnt to the stftttltory pro visions noted ttbo ve

The California Constitution requires the state to reimburse localagencies and school districts for certain costs mandated by the stateStatutory provisions establish procedures for making thatreimbursement

This bill would provide that no reimbursement is required by this actfor a specified reason

Vote majority Appropriation no Fiscal committee yesState-mandated local program yes

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 111657 of the Penal Code is amended2 to read3 111657 (a) As used in this article mandated reporter is4 defined as any of the following5 (1) A teacher6 (2) An instructional aide7 (3) A teachers aide or teachers assistant employed by any8 public or private schooL9 (4) A classified employee of any public schooL

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-3- AB 1435

1 (5) An administrative officer or supervisor of child welfare and2 attendance or a certificated pupil personnel employee of any public3 or private school4 (6) An administrator of a public or private day camp

(7) An administrator or employee of a public or private youth6 center youth recreation program or youth organization7 (8) An administrator or employee of a public or private8 organization whose duties require direct contact and supervision9 of children

(9) Any employee of a county office of education or the State11 Department of Education whose duties bring the employee into12 contact with children on a regular basis13 (10) A licensee an administrator or an employee of a licensed14 community care or child day care facility

(11) A Head Start program teacher16 (12) A licensing worker or licensing evaluator employed by a17 licensing agency as defined in Section 111651118 (13) A public assistance worker19 (14) An employee of a child care institution including but not

limited to foster parents group home personnel and personnel of21 residential care facilities22 (15) A social worker probation officer or parole officer23 (16) An employee of a school district police or security24 department

(17) Any person who is an administrator or presenter of or a26 counselor in a child abuse prevention program in any public or27 private school28 (18) A district attorney investigator inspector or local child29 support agency caseworker unless the investigator inspector or

caseworker is working with an attorney appointed pursuant to31 Section 317 of the Welfare and Institutions Code to represent a32 mmor33 (19) A peace officer as defined in Chapter 45 (commencing34 with Section 830) of Title 3 of Part 2 who is not otherwise

described in this section36 (20) A firefighter except for volunteer firefighters37 (21) A physician and surgeon psychiatrist psychologist dentist38 resident intern podiatrist chiropractor licensed nurse dental39 hygienist optometrist marriage and family therapist clinical social

worker professional clinical counselor or any other person who

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AB 1435 -4-

is currently licensed under Division 2 (commencing with Section500) of the Business and Professions Code

(22) Any emergency medical technician I or II paramedic orother person certified pursuant to Division 25 (commencing withSection 1797) of the Health and Safety Code

(23) A psychological assistant registered pursuant to Section2913 of the Business and Professions Code

(24) A marriage and family therapist trainee as defined insubdivision (c) of Section 498003 of the Business and ProfessionsCode

(25) An unlicensed marriage and family therapist internregistered under Section 498044 of the Business and ProfessionsCode

(26) A state or county public health employee who treats a minorfor venereal disease or any other condition

(27) A coroner(28) A medical examiner or any other person who performs

autopsies(29) A commercial film and photographic print processor as

specified in subdivision (e) of Section 11166 As used in thisarticle commercial film and photographic print processor meansany person who develops exposed photographic film into negativesslides or prints or who makes prints from negatives or slides forcompensation The term includes any employee of such a personit does not include a person who develops film or makes prints fora public agency

(30) A child visitation monitor As used in this article childvisitation monitor means any person who for financialcompensation acts as monitor of a visit between a child and anyother person when the monitoring of that visit has been orderedby a court of law

(31) An animal control officer or humane society officer Forthe purposes ofthis article the following terms have the followingmeanings

(A) Animal control officer means any person employed by acity county or city and county for the purpose of enforcing animalcontrol laws or regulations

(B) Humane society officer means any person appointed oremployed by a public or private entity as a humane officer who is

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-5- AB 1435

qualified pursuant to Section 14502 or 14503 of the CorporationsCode

(32) A clergy member as specified in subdivision (d) of Section11166 As used in this article clergy member means a priestminister rabbi religious practitioner or similar functionary of achurch temple or recognized denomination or organization

(33) Any custodian of records of a clergy member as specifiedin this section and subdivision (d) of Section 11166

(34) Any employee of any police department county sheriffsdepartment county probation department or county welfaredepartment

(35) An employee or volunteer of a Court Appointed SpecialAdvocate program as defined in Rule 1424 ofthe California Rulesof Court

(36) A custodial officer as defined in Section 8315(37) Any person providing services to a minor child under

Section 12300 or 123001 of the Welfare and Institutions Code(38) An alcohol and drug counselor As used in this article an

alcohol and drug counselor is a person providing counselingtherapy or other clinical services for a state licensed or certifieddrug alcohol or drug and alcohol treatment program Howeveralcohol or drug abuse or both alcohol and drug abuse is not inand of itself a sufficient basis for reporting child abuse or neglect

(39) A clinical counselor trainee as defined in subdivision (g)of Section 499912 of the Business and Professions Code

(40) A clinical counselor intern registered under Section 499942of the Business and Professions Code

(41) An athletic coach athletic administrator or athletic directoremployed by a public or private organization including but notlimited to schools and instittttions of higher e6ueation thatprovidekindergarten or any of grades 1 to 12 inclusive

(b) Except as provided in paragraph (35) of subdivision (a)volunteers of public or private organizations whose duties requiredirect contact with and supervision of children are not mandatedreporters but are encouraged to obtain training in the identificationand reporting of child abuse and neglect and are further encouragedto report known or suspected instances of child abuse or neglectto an agency specified in Section 111659

(c) Employers are strongly encouraged to provide theiremployees who are mandated reporters with training in the duties

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AB 1435 -6-

imposed by this article This training shall include training in childabuse and neglect identification and training in child abuse andneglect reporting Whether or not employers provide theiremployees with training in child abuse and neglect identificationand reporting the employers shall provide their employees whoare mandated reporters with the statement required pursuant tosubdivision (a) of Section 111665

(d) School districts that do not train their employees specifiedin subdivision (a) in the duties of mandated reporters under thechild abuse reporting laws shall report to the State Department ofEducation the reasons why this training is not provided

(e) Unless otherwise specifically provided the absence oftraining shall not excuse a mandated reporter from the dutiesimposed by this article

(f) Public and private organizations are encouraged to providetheir volunteers whose duties require direct contact with andsupervision of children with training in the identification andreporting of child abuse and neglect

(g) (1) On 6r befure Jttmtary 1 2014 ttll) pttblie 6r privflie6rganizttti6ftemp16ing ttft Mhletie e6tteh Mhletie ttdmimstrltt6r6r Mhletie direet6r ttSspeeified ift pMttgrttph (41) 6f sttbdivisi6ft(tt) shttll pr6 vide iftitittl trttining f6r th6se empl~ ees 6n thefull6vvingmtttters

(A) The identifiettti6n 6f ehild ttbttse ttnd negleet(D) Aeti vities thttt e6ftstitttte inltppr6prittte ttftd illegttl e6ntttet

betiveen tt 6tlth ltftd ltft ttthietie e6tteh Mhletie ttdmiftistrttt6r 6rttthietie direet6r

(6) The resp6nsibilities 6f tt pers6n identified lIStt mttndfliedrep6rter in this seeti6n ineIttding btl ft6t limited t6 ttll 6f thefull6 vving

(i) T6 ~h6m tt rep6rt is reqtlired t6 be mttde(ii) The inf6rmttti6n thttt is reqttired t6 be ifte1ttdedin tt rep6rt(iii) The time vvithiftvvhieha mandated rep6rter is reqttired t6

file tt rep6rt(2) Initittl training shall be pr6vided b perS6ftSkn6vvledgeltble

ift the identifiettti6n 6fehild aettse ttnd negleet inltppf6prittte ltftdillegal e6ntaet bem eena 6ttth and ltftadttIt ltftdstatttt6ry rep6rtingreqttiremeftts ltftdshttll e6nsist 6ftw6 h6ttrs 6felassr66m 6r 6therinteraetive trainiftg ltftdedttettti6n

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1 (h) Commeneing on fmd aftel Jfmtlftry12014 fmofgfmization2 speeified in sttbdivision (g) shaHpro ide initial training within six3 months of the date that fm individtutl beeomes empleryed as an4 Mhletie eoaeh athletie administrator or athletie direetor ttnless5 the indi idttal reeei ed training Hithin tw0 years prior to the date6 the indi idtlal is empleryed An Mhletie eoaeh athletie7 administrator or athletie direetor Hho has leeeied initial training8 ptlfStlafttto sttbdiision (g) shall eomplete eontifttling training9 thereafter onee eery two years eonsisting of one hottf of

10 elassroom or other interaeti e training fmd edtteation11 SEC 2 No reimbtlrsement is reqtlired by this aet pttfStlafttto12 Seetion 6 ofArtiele )GIlD of the California Constitution for eertain13 eosts that may be inetllTed by a loeal ageney or sehool distriet14 beeatlse ift that regard this aet ereates a nev erime or infraetion15 eliminates a erime or infraetion or ehfmges the penalty fOfa erime16 or inflaetion Hithin the meaning of Seetion 17556 of the17 Goemment Code or ehanges the definition ofa elime Hithin the18 meaning of Seetion 6 of Aniele XIII D of the Califomia19 Constitution20 IIo~eer if the Commission on State Mfmdates determines that21 this aet eontainsother eosts mfmdated by the state reimbttfsement22 to loeal ageneies fmd sehool distliets for those eosts shall be made23 ptlfStlafttto Part 7 (eommeneing Hith Seetion 17500) of Division24 4 of Title 2 of the Goemment Code25 SEC 2 No reimbursement is required by this act pursuant to26 Section 6 of Article XIII B of the California Constitution because27 the only costs that may be incurred by a local agency or school28 district will be incurred because this act creates a new crime or29 infraction eliminates a crime or infraction or changes thepenalty30 for a crime or infraction within the meaning of Section 17556 of31 the Government Code or changes the definition of a crime within32 the meaning of Section 6 of Article XIII B of the California33 Constitution

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AB 1904 Assembly Bill Status

MEASURE AUTHOR(S)TOPIC

HOUSE

CURRENT BILL STATUS

AB No 1904Block Butler and

Professions and vocationslicenses

LOCATION

Cookmilitary spouses temporary

TYPE OF BILL

SEN

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyAppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpub11-12billasmab _1901-1950ab _1904_ bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes Noes OOPASS17

An act to add Section 1155 to the Business andProfessions Code relating to professions and vocationsand making an appropriation therefor

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AB 1588 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1588AUTHOR(S) Atkins (Principal coauthors Cook and Nielsen)

(Coauthors Block Beth Gaines Pan V Manuel PerezWilliams and Yamada)

TOPIC Professions and vocations reservist licensees fees andcontinuing education

HOUSE LOCATION SEN+LAST AMENDED DATE 03052012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS forLAST

LAST

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

TITLE An act to add Section 1143 to the Business andProfessions Code relating to professions and vocations

htlpllwwwleginfocagovpubll-12Ibillasmlab _1551-1600ab _1588 _bill_20120601_statu 652012

middot

AMENDED IN ASSEMBLY MARCH 5 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1588

Introduced by Assembly Member Atkins(Principal coauthors Assembly Members Cook and Nielsen)

(Coauthors Assembly Members Block Beth Gaines PanV Manuel Perez Williams and Yamada)

February 6 2012

An act to add Section 1143 to the Business and Professions Coderelating to professions and vocations

LEGISLATIVE COUNSELS DIGEST

AB 1588 as amended Atkins Professions and vocations reservistlicensees fees and continuing education

Existing law provides for the regulation of various professions andvocations by boards commissions or bureaus within the Departmentof Consumer Affairs and for the licensure or registration of individualsin that regard Existing law authorizes any licensee whose licenseexpired while he or she was on active duty as a member of the CaliforniaNational Guard or the United States Armed Forces to reinstate his orher license without examination or penalty if certain requirements aremet

This bill would require the boards commissions or bureaus describedabove to waive the renewal fees and continuing education requirementsif either is applicable of any licensee or registrant who is a reservistcalled to active duty as a member of the United States Military Reserveor the California National Guard if certain requirements are met

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

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AB 1588 -2-

Thepeople of the State of Califomi a do enact asfollows

1 SECTION 1 Section 1143 is added to the Business and2 Professions Code to read3 1143 Notwithstanding any other provision oflaw everyboard4 commission or bureau within the department shall waive the5 renewal fees and continuing education requirements if either is6 applicable for any licensee or registrant who is a reservist called7 to active duty as a member of the United States Military Reserve8 or the California National Guard if all of the following9 requirements are met

10 (a) The licensee or registrant was in good standing with the11 board commission or bureau at the time the reservist was called12 to active duty13 (b) The renewal fees or continuing education requirements are14 waived only for the period during which the reservist is on active15 duty service16 (c) The active duty reservist or the active duty reservists spouse17 or registered domestic partner provides written notice satisfactory18 to the board commission or bureau that substantiates the19 reservists active duty service

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AB 1896 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1896AUTHOR(S) ChesbroTOPIC Tribal health programs health care practitionersHOUSE LOCATION SEN+LAST AMENDED DATE 03272012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATIONCOMM ACTION DATECOMM ACTIONCOMM VOTE SUMMARY

ASM

05172012Referred to Com on B P amp EDBUSINESS PROFESSIONS AND CONSUMER PROTECTION04102012

Do passAyes 09 Noes OOPASS

TITLE An act to amend the heading of Article 10 (commencingwith Section 710) of Chapter 1 of Division 2 of and toadd Section 719 to the Business and Professions Coderelating to healing arts

httpwwwleginfocagovpubI11-12lbillasmab_1851-1900ab_1896_bill_20120517 _statu 652012

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AMENDED IN ASSEMBLY MARCH 27 2012

CALIFORNIA LEGISLATURE-20II-12 REGULAR SESSION

ASSEMBLY BILL No 1896

Introduced by Assembly Member Chesbro

February 222012

An act to amend the heading of Article 10 (commencing with Section710) of Chapter 1 of Division 2 of and to add Section 719 to theBusiness and Professions Code relating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1896 as amended Chesbro Tribal health programs health carepractitioners

Under existing federal law licensed health professionals employedby a tribal health program are required to be exempt if licensed in anystate from the licensing requirements of the state in which the tribalhealth program performs specified services A tribal health program isdefined as an Indian tribe or tribal organization that operates any healthprogram service function activity or facility funded in whole or partby the Indian Health Service

Existing law provides for the licensure and regulation of health carepractitioners by various healing arts boards within the Department ofConsumer Affairs

This bill would codify that federal requirement by specifying that aperson who is licensed as a health care practitioner in any other stateand is employed by a tribal health program is exempt from any statelicensing requirement with respect to acts authorized under thepersonslicense where the tribal health program performs specified services

Vote majority Appropriation no Fiscal committee noState-mandated local program no

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AD 1896 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 The heading of Article 10 (commencing with2 Section 710) of Chapter 1 of Division 2 of the Business and3 Professions Code is amended to read456789

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Article 10 Federal Personnel and Tribal Health Programs

SEC 2 Section 719 is added to the Business and ProfessionsCode to read

719 (a) A person who is licensed as a health care practitionerin any other state and is employed by a tribal health program asdefined in Section 1603 of Title 25 of the United States Code shallbe exempt from any licensing requirement described in this divisionwith respect to acts authorized under the persons license wherethe tribal health program performs the services described in thecontract or compact of the tribal health program under the IndianSelf-Determination and Education Assistance Act (25 USC Sec450 et seq)

(b) For purposes of this section health care practitioner meansany person who engages in acts that are the subject of licensureor regulation under this division or Ml) initiative 8et referred to inthis division the law of any other state

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CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1904

Introduced by Assembly Members Block Butler and Cook

February 222012

An act to add Section 1155 to the Business and Professions Coderelating to professions and vocations and making an appropriationtherefor

LEGISLATIVE COUNSELS DIGEST

AB 1904 as introduced Block Professions and vocations militaryspouses temporary licenses

Existing law provides for the licensure and regulation of variousprofessions and vocations by boards within the Department of ConsumerAffairs Existing law provides for the issuance of reciprocal licenses incertain fields where the applicant among other requirements has alicense to practice within that field in another jurisdiction as specifiedUnder existing law licensing fees imposed by certain boards withinthe department are deposited in funds that are continuously appropriated

This bill would authorize a board within the department to issue atemporary license to an applicant who among other requirements holdsan equivalent license in another jurisdiction as specified and is marriedto or in a legal union with an active duty member of the Armed Forcesofthe United States who is assigned to a duty station in California underofficial active duty military orders The bill would require a board toexpedite the process for issuing these temporary licenses The bill wouldrequire the applicant to pay any fees required by the board and wouldrequire that those fees be deposited in the fund used by the board toadminister its licensing program To the extent that the bill would

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AB 1904 -2-

increase the amount of money deposited into a continuously appropriatedfund the bill would make an appropriation

Vote majority Appropriation yes Fiscal committee yesState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 1155 is added to the Business and2 Professions Code to read3 1155 (a) A board within the department may issue a4 temporary license to an applicant who meets all of the following5 requirements6 (l) Submits an application in the manner prescribed by the7 board8 (2) Supplies evidence satisfactory to the board that the applicant9 is married to or in a domestic partnership or other legal union

10 with an active duty member of the Armed Forces of the United11 States who is assigned to a duty station in this state under official12 active duty military orders13 (3) Holds a current license in another state district or territory14 of the United States with the requirements that the board determines15 are substantially equivalent to those established under this code16 for that occupation17 (4) Has not committed an act in anyjurisdiction that would have18 constituted grounds for denial suspension or revocation of the19 license under this code at the time the act was committed20 (5) Has not been disciplined by a licensing entity in another21 jurisdiction and is not the subject of an unresolved complaint22 review procedure or disciplinary proceeding conducted by a23 licensing entity in another jurisdiction24 (6) Pays any fees required by the board Those fees shall be25 deposited in the applicable fund or account used by the board to26 administer its licensing program27 (7) Submits fingerprints and any applicable fingerprinting fee28 in the manner required of an applicant for a regular license29 (b) A board shall expedite the procedure for issuing a temporary30 license pursuant to this section31 (c) A temporary license issued under this section shall be valid32 for 180 days except that the license may at the discretion of the

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-3- AB 1904

I board be extended for an additional180-day period on application2 of the license holder3 (d) A board may adopt regulations necessary to administer this4 section

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AB 1932 Assembly Bill Status

MEASURE AUTHOR(S)TOPICHOUSE+LAST

CURRENT BILL STATUS

AB No 1932Gorell (Coauthor Cook)

United States armed services healing arts boardsLOCATION SENAMENDED DATE 04172012

TYPE OF BILL

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpubI11-12Ibillasmab_1901-1950ab_1932_bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

An act to add Section 7102 to the Business andProfessions Code relating to healing arts

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AMENDED IN ASSEMBLY APRIL 172012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1932

Introduced by Assembly Member-Ceek Gorell(Coauthor Assembly Member Cook)

February 222012

An act to add Section 7102 to the Business and Professions Coderelating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1932 as amended euroook Gorell United States armed serviceshealing arts boards

Existing law provides for the licensure and regulation of varioushealing arts professions and vocations by boards within the Departmentof Consumer Affairs Existing law requires the rules and regulations ofthese healing arts boards to provide for methods of evaluating educationtraining and experience obtained in military service if such training isapplicable to the requirements of the particular profession or vocationregulated by the board Under existing law the Department of VeteransAffairs has specified powers and duties relating to various programsserving veterans

This bill would require by January 12014 and annually thereafterevery healing arts board to issue a specified written report to theDepartment of Veterans Affairs and the Legislature as specified thatclearly details the methods of evaluating the education training andexperience obtained in military service and whether that educationtraining and experience is applicable to the boards requirements forlicensure The bill would declare the intent of the Legislature in thisregard

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AB 1932 -2-

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 710 of the Business and Professions Code2 was enacted in 1969 and because healing arts boards have not3 demonstrated significant compliance with that section it is the4 intent of the Legislature to establish an annual reporting5 requirement to compel these boards to provide information about6 the methods of evaluating education training and experience7 obtained in military service in order to meet the needs of the8 upcoming wave of armed service members returning to civilian9 life

10 SEC 2 Section 7102 is added to the Business and Professions11 Code to read12 7102 (a) By January 12014 and annually thereafter every13 healing arts board described in this division shall issue a written14 report to the Department of Veterans Affairs and to the Legislature15 that clearly details the methods of evaluating the education16 training and experience obtained in military service and whether17 that education training and experience is applicable to the boards18 requirements for licensure This written report shall include but19 not be limited to quantitative information about the number of20 service members who have applied for and have used their military21 education training and experience to fulfill the boards22 requirements for licensure23 (b) (1) The requirement to submit a report to the Legislature24 under subdivision (a) shall be inoperative on January 1 201825 pursuant to Section 102315 of the Government Code26 (2) A report to the Legislature shall be submitted in compliance27 with Section 9795 of the Government Code

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Page 40: DISCUSSION ANDPOSSIBLE ACTION REGARDING PENDING … · 2012-06-14  · Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of2010 (PublicLaw 111-152)

AB 783 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 783AUTHOR(S) HayashiTOPIC Professional corporations licensed physical therapists

and occupational therapists+LAST AMENDED DATE 04072011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

COMMCOMMCOMM

HIST ACT DATEHIST ACTION

From committeeRule 62(a)

LOCATION SENACTION DATEACTION

06282011In committee Set second hearing Failed passagewithout further action pursuant to Joint

LASTLAST

BUSINESS PROFESSIONS AND ECONOMIC DEVELOPMENT06272011

Set second hearing Failed passage in Committee

TITLE An act to amend Section 2406 of the Business andProfessions Code and to amend Section 134015 of theCorporations Code relating to professional corporations

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AMENDED IN ASSEMBLY APRIL 7 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 783

Introduced by Assembly Member Hayashi

February 172011

An act to amend Section 2406 of the Business and Professions Codeand to amend Section 134015 of the Corporations Code relating toprofcssiemal eorporations and deelaring the mgeney thereof to tttkeeffeet immediatelyprofessional corporations

LEGISLATIVE COUNSELS DIGEST

AB 783 as amended Hayashi Professional corporations licensedphysical therapists and occupational therapists

Existing law regulating professional corporations provides that certainhealing arts practitioners may be shareholders officers directors orprofessional employees of a medical corporation-er-a podiatric medicalcorporation or a chiropractic corporation subject to certain limitations

This bill would add licensed physical therapists and licensedoccupational therapists to the list of healing arts practitioners who maybe shareholders officers directors or professional employees of thosecorporations The bill would also make conforming changes to a relatedprovision

This bill vv otlld deelare that it is to take etteet immediately as anmgeney statttte

Vote -majority Appropriation no Fiscal committee noState-mandated local program no

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Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 2406 of the Business and Professions2 Code is amended to read3 2406 A medical corporation or podiatry corporation is a4 corporation that is authorized to render professional services as

defined in Sections 13401 and 134015 ofthe Corporations Code6 so long as that corporation and its shareholders officers directors7 and employees rendering professional services who are physicians8 and surgeons psychologists registered nurses optometrists9 podiatrists chiropractors acupuncturists naturopathic doctors

physical therapists or in the case of a medical corporation only11 physician assistants marriage and family therapists or clinical12 social workers are in compliance with the Moscone-Knox13 Professional Corporation Act the provisions of this article and all14 other statutes and regulations now or hereafter enacted or adopted

pertaining to the corporation and the conduct of its affairs16 With respect to a medical corporation or podiatry corporation17 the governmental agency referred to in the Moscone-Knox18 Professional Corporation Act is the board19 SEC 2 Section 134015 of the Corporations Code is amended

to read21 134015 Notwithstanding subdivision (d) of Section 1340122 and any other provision of law the following licensed persons23 may be shareholders officers directors or professional employees24 of the professional corporations designated in this section so long

as the sum of all shares owned by those licensed persons does not26 exceed 49 percent ofthe total number of shares of the professional27 corporation so designated herein and so long as the number of28 those licensed persons owning shares in the professional29 corporation so designated herein does not exceed the number of

persons licensed by the governmental agency regulating the31 designated professional corporation32 (a) Medical corporation33 (1) Licensed doctors of podiatric medicine34 (2) Licensed psychologists

(3) Registered nurses36 (4) Licensed optometrists37 (5) Licensed marriage and family therapists38 (6) Licensed clinical social workers

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-3-

(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists(10) Naturopathic doctors(11) Licensed physical therapists(12)Licensed occupational therapists(b) Podiatric medical corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed optometrists(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(8) Licensed physical therapists(9) Licensed occupational therapists(c) Psychological corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Registered nurses(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed chiropractors(8) Licensed acupuncturists(9) Naturopathic doctors(d) Speech-language pathology corporation(1) Licensed audiologists(e) Audiology corporation(1) Licensed speech-language pathologists(t) Nursing corporation(l) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists

AB783

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(10) Naturopathic doctors(g) Marriage and family therapy corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed clinical social workers(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(h) Licensed clinical social worker corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed marriage and family therapists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(i) Physician assistants corporation(1) Licensed physicians and surgeons(2) Registered nurses(3) Licensed acupuncturists(4) Naturopathic doctorsG) Optometric corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(k) Chiropractic corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed acupuncturists(9) Naturopathic doctors

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-5- AB783

(10) Licensed physical therapists(11) Licensed occupational therapists(l) Acupuncture corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed physician assistants(9) Licensed chiropractors(10) Naturopathic doctors(m) Naturopathic doctor corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed physician assistants(5) Licensed chiropractors(6) Licensed acupuncturists(7) Licensed physical therapists(8) Licensed doctors of podiatric medicine(9) Licensed marriage family and child counselors(10) Licensed clinical social workers(11) Licensed optometrists(n) Dental corporation(1) Licensed physicians and surgeons(2) Dental assistants(3) Registered dental assistants(4) Registered dental assistants in extended functions(5) Registered dental hygienists(6) Registered dental hygienists in extended functions(7) Registered dental hygienists in alternative practiceSEC 3 This aet is Ml ttrgene statttte neeessary for the

immediatepresenation of the ptlblie peaee hettlihor saferyvvithinthe meMling of Miele IV of the Constittttion Mld shaHgo intoimmediate effeet The fftets eonstitttting the neeessiry Me

In order to 8t1thorizelieensed physieal therapists to beshareholders offieers mreetors or professional employees of

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1 memeal eorpofatiofts andpodiatrie medieal eorpofatiofts as soOft2 as possible it is fteeessary that this aet tftke dIeet immediately

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AB 800 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 800Huber

Boards and commissions time reporting

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to add Section 1156410 to the Government Coderelating to boards and commissions

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AB 958 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 958Bill Berryhill

Regulatory boards limitations periods

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to Art IV Sec 10(e) of theFrom committee Filed with the Chiefto Joint Rule 56BUSINESS PROFESSIONS AND CONSUMER PROTECTION

TITLE An act to add Section 1105 to and to repeal Sections16702 22305 296005 3137 375051 498205499032 5561 5661 76865 988420 and 98898 of theBusiness and Professions Code relating to regulatoryboards

httpwwwleginfocagovpub11-12lbillasmlab_0951-1 OOOab_958 _bill_ 20120202_ status 652012

AB 1003 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 1003Smyth

Professional and vocational licenses

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to professional and vocational licenses

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AB 1205 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1205AUTHOR(S) Bill BerryhillTOPIC Licensed behavior analysts+LAST AMENDED DATE 04042011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to amend Section 499018 of and to add Chapter52 (commencing with Section 252971) to Division 2 ofthe Business and Professions Code relating to healingarts

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AB 1435 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1435AUTHOR(S) Dickinson (Coauthors Alejo Buchanan and Hill) TOPIC Child abuse reporting athletic personnelHOUSE LOCATION SEN+LAST AMENDED DATE OS252012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredState-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS for

LASTLAST

APPROPRIATIONSOS252012

Do pass as amendedAyes 17 Noes OOPASS

TITLE An act to amend Section 111657 of the Penal Coderelating to child abuse reporting

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AMENDED IN ASSEMBLY MAY 25 2012

AMENDED IN ASSEMBLY MARCH 21 2012

AMENDED IN ASSEMBLY MARCH 142012

AMENDED IN ASSEMBLY FEBRUARY 29 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1435

Introduced by Assembly Member Dickinson(Coauthors Assembly Members Alejo Buchanan and Hill)

January 4 2012

An act to amend Section 111657 of the Penal Code relating to childabuse reporting

LEGISLATIVE COUNSELS DIGEST

AB 1435 as amended Dickinson Child abuse reporting athleticpersonnel

Existing law the Child Abuse and Neglect Reporting Act requiresa mandated reporter as defined to report whenever he or she in his orher professional capacity or within the scope of his or her employmenthas knowledge of or observed a child whom the mandated reporterknows or reasonably suspects has been the victim of child abuse orneglect Failure to report an incident is a crime punishable byimprisonment in a county jail for a period of up to 6 months a fine ofup to $1000 or by both that imprisonment and fine

This bill would add athletic coaches athletic administrators andathletic directors employed by a public or private organization to thelist of individuals who are mandated reporters The bill otlld reqtlirean ptlblie or pri v ate orgflftizationernplo ing flftathletieeoaen Mhletie

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ftdministrator or Mhletie direetor to hftve provided initiftl trftining byJflfttlM) I 2014 on speeified mfttters relMing to ehiM a-bttse ftftdnegleetfor those employees On ftftd ftfter lftnuftry 12014 the bill vvottld reeJtlireinitiftl trftining to be pro vided IV ithin 6 months of the dMe ftn indi vidttftlbeeomes employed in thM eftlfteiry The bill vvouM require theseindividuftls to eomplete eontifttling tminmg every 2 yeMs

By imposing the reporting requirements on a new class of personsfor whom failure to report specified conduct is a crime ftftdby imposingne~ trftining reeJtlirements on publie oIgftfiiZMions ineluding loeftlgOvernment entities this bill would impose a state-mandated localprogram

The Cftlifomift Constittltion reqtlires the stMe to reimbtlfse loeftlftgeneies ftnd sehool distriets for eertftin eosts mftftdMed by the stftteStftttltory pItYvisions esffiblish proeedtlfes for mftkffigthftt reimbtlfsement

This bill hould pro vide thM 4vith regMd to eertftin mftftdfttes noIeimbtlfsement is reeJtlired by this ftet for ft speeified reftson

Vith regftM to ftny other mftndMeS this bill vv0tlM pro vide thM if theCommission on StMe ~bndtltes determines thM the bill eontftins eostsso mftndftted by the stftte reimbttIsement for those eosts shftll be mftdeptlfStlftnt to the stftttltory pro visions noted ttbo ve

The California Constitution requires the state to reimburse localagencies and school districts for certain costs mandated by the stateStatutory provisions establish procedures for making thatreimbursement

This bill would provide that no reimbursement is required by this actfor a specified reason

Vote majority Appropriation no Fiscal committee yesState-mandated local program yes

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 111657 of the Penal Code is amended2 to read3 111657 (a) As used in this article mandated reporter is4 defined as any of the following5 (1) A teacher6 (2) An instructional aide7 (3) A teachers aide or teachers assistant employed by any8 public or private schooL9 (4) A classified employee of any public schooL

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-3- AB 1435

1 (5) An administrative officer or supervisor of child welfare and2 attendance or a certificated pupil personnel employee of any public3 or private school4 (6) An administrator of a public or private day camp

(7) An administrator or employee of a public or private youth6 center youth recreation program or youth organization7 (8) An administrator or employee of a public or private8 organization whose duties require direct contact and supervision9 of children

(9) Any employee of a county office of education or the State11 Department of Education whose duties bring the employee into12 contact with children on a regular basis13 (10) A licensee an administrator or an employee of a licensed14 community care or child day care facility

(11) A Head Start program teacher16 (12) A licensing worker or licensing evaluator employed by a17 licensing agency as defined in Section 111651118 (13) A public assistance worker19 (14) An employee of a child care institution including but not

limited to foster parents group home personnel and personnel of21 residential care facilities22 (15) A social worker probation officer or parole officer23 (16) An employee of a school district police or security24 department

(17) Any person who is an administrator or presenter of or a26 counselor in a child abuse prevention program in any public or27 private school28 (18) A district attorney investigator inspector or local child29 support agency caseworker unless the investigator inspector or

caseworker is working with an attorney appointed pursuant to31 Section 317 of the Welfare and Institutions Code to represent a32 mmor33 (19) A peace officer as defined in Chapter 45 (commencing34 with Section 830) of Title 3 of Part 2 who is not otherwise

described in this section36 (20) A firefighter except for volunteer firefighters37 (21) A physician and surgeon psychiatrist psychologist dentist38 resident intern podiatrist chiropractor licensed nurse dental39 hygienist optometrist marriage and family therapist clinical social

worker professional clinical counselor or any other person who

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AB 1435 -4-

is currently licensed under Division 2 (commencing with Section500) of the Business and Professions Code

(22) Any emergency medical technician I or II paramedic orother person certified pursuant to Division 25 (commencing withSection 1797) of the Health and Safety Code

(23) A psychological assistant registered pursuant to Section2913 of the Business and Professions Code

(24) A marriage and family therapist trainee as defined insubdivision (c) of Section 498003 of the Business and ProfessionsCode

(25) An unlicensed marriage and family therapist internregistered under Section 498044 of the Business and ProfessionsCode

(26) A state or county public health employee who treats a minorfor venereal disease or any other condition

(27) A coroner(28) A medical examiner or any other person who performs

autopsies(29) A commercial film and photographic print processor as

specified in subdivision (e) of Section 11166 As used in thisarticle commercial film and photographic print processor meansany person who develops exposed photographic film into negativesslides or prints or who makes prints from negatives or slides forcompensation The term includes any employee of such a personit does not include a person who develops film or makes prints fora public agency

(30) A child visitation monitor As used in this article childvisitation monitor means any person who for financialcompensation acts as monitor of a visit between a child and anyother person when the monitoring of that visit has been orderedby a court of law

(31) An animal control officer or humane society officer Forthe purposes ofthis article the following terms have the followingmeanings

(A) Animal control officer means any person employed by acity county or city and county for the purpose of enforcing animalcontrol laws or regulations

(B) Humane society officer means any person appointed oremployed by a public or private entity as a humane officer who is

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-5- AB 1435

qualified pursuant to Section 14502 or 14503 of the CorporationsCode

(32) A clergy member as specified in subdivision (d) of Section11166 As used in this article clergy member means a priestminister rabbi religious practitioner or similar functionary of achurch temple or recognized denomination or organization

(33) Any custodian of records of a clergy member as specifiedin this section and subdivision (d) of Section 11166

(34) Any employee of any police department county sheriffsdepartment county probation department or county welfaredepartment

(35) An employee or volunteer of a Court Appointed SpecialAdvocate program as defined in Rule 1424 ofthe California Rulesof Court

(36) A custodial officer as defined in Section 8315(37) Any person providing services to a minor child under

Section 12300 or 123001 of the Welfare and Institutions Code(38) An alcohol and drug counselor As used in this article an

alcohol and drug counselor is a person providing counselingtherapy or other clinical services for a state licensed or certifieddrug alcohol or drug and alcohol treatment program Howeveralcohol or drug abuse or both alcohol and drug abuse is not inand of itself a sufficient basis for reporting child abuse or neglect

(39) A clinical counselor trainee as defined in subdivision (g)of Section 499912 of the Business and Professions Code

(40) A clinical counselor intern registered under Section 499942of the Business and Professions Code

(41) An athletic coach athletic administrator or athletic directoremployed by a public or private organization including but notlimited to schools and instittttions of higher e6ueation thatprovidekindergarten or any of grades 1 to 12 inclusive

(b) Except as provided in paragraph (35) of subdivision (a)volunteers of public or private organizations whose duties requiredirect contact with and supervision of children are not mandatedreporters but are encouraged to obtain training in the identificationand reporting of child abuse and neglect and are further encouragedto report known or suspected instances of child abuse or neglectto an agency specified in Section 111659

(c) Employers are strongly encouraged to provide theiremployees who are mandated reporters with training in the duties

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AB 1435 -6-

imposed by this article This training shall include training in childabuse and neglect identification and training in child abuse andneglect reporting Whether or not employers provide theiremployees with training in child abuse and neglect identificationand reporting the employers shall provide their employees whoare mandated reporters with the statement required pursuant tosubdivision (a) of Section 111665

(d) School districts that do not train their employees specifiedin subdivision (a) in the duties of mandated reporters under thechild abuse reporting laws shall report to the State Department ofEducation the reasons why this training is not provided

(e) Unless otherwise specifically provided the absence oftraining shall not excuse a mandated reporter from the dutiesimposed by this article

(f) Public and private organizations are encouraged to providetheir volunteers whose duties require direct contact with andsupervision of children with training in the identification andreporting of child abuse and neglect

(g) (1) On 6r befure Jttmtary 1 2014 ttll) pttblie 6r privflie6rganizttti6ftemp16ing ttft Mhletie e6tteh Mhletie ttdmimstrltt6r6r Mhletie direet6r ttSspeeified ift pMttgrttph (41) 6f sttbdivisi6ft(tt) shttll pr6 vide iftitittl trttining f6r th6se empl~ ees 6n thefull6vvingmtttters

(A) The identifiettti6n 6f ehild ttbttse ttnd negleet(D) Aeti vities thttt e6ftstitttte inltppr6prittte ttftd illegttl e6ntttet

betiveen tt 6tlth ltftd ltft ttthietie e6tteh Mhletie ttdmiftistrttt6r 6rttthietie direet6r

(6) The resp6nsibilities 6f tt pers6n identified lIStt mttndfliedrep6rter in this seeti6n ineIttding btl ft6t limited t6 ttll 6f thefull6 vving

(i) T6 ~h6m tt rep6rt is reqtlired t6 be mttde(ii) The inf6rmttti6n thttt is reqttired t6 be ifte1ttdedin tt rep6rt(iii) The time vvithiftvvhieha mandated rep6rter is reqttired t6

file tt rep6rt(2) Initittl training shall be pr6vided b perS6ftSkn6vvledgeltble

ift the identifiettti6n 6fehild aettse ttnd negleet inltppf6prittte ltftdillegal e6ntaet bem eena 6ttth and ltftadttIt ltftdstatttt6ry rep6rtingreqttiremeftts ltftdshttll e6nsist 6ftw6 h6ttrs 6felassr66m 6r 6therinteraetive trainiftg ltftdedttettti6n

95

-7- AB 1435

1 (h) Commeneing on fmd aftel Jfmtlftry12014 fmofgfmization2 speeified in sttbdivision (g) shaHpro ide initial training within six3 months of the date that fm individtutl beeomes empleryed as an4 Mhletie eoaeh athletie administrator or athletie direetor ttnless5 the indi idttal reeei ed training Hithin tw0 years prior to the date6 the indi idtlal is empleryed An Mhletie eoaeh athletie7 administrator or athletie direetor Hho has leeeied initial training8 ptlfStlafttto sttbdiision (g) shall eomplete eontifttling training9 thereafter onee eery two years eonsisting of one hottf of

10 elassroom or other interaeti e training fmd edtteation11 SEC 2 No reimbtlrsement is reqtlired by this aet pttfStlafttto12 Seetion 6 ofArtiele )GIlD of the California Constitution for eertain13 eosts that may be inetllTed by a loeal ageney or sehool distriet14 beeatlse ift that regard this aet ereates a nev erime or infraetion15 eliminates a erime or infraetion or ehfmges the penalty fOfa erime16 or inflaetion Hithin the meaning of Seetion 17556 of the17 Goemment Code or ehanges the definition ofa elime Hithin the18 meaning of Seetion 6 of Aniele XIII D of the Califomia19 Constitution20 IIo~eer if the Commission on State Mfmdates determines that21 this aet eontainsother eosts mfmdated by the state reimbttfsement22 to loeal ageneies fmd sehool distliets for those eosts shall be made23 ptlfStlafttto Part 7 (eommeneing Hith Seetion 17500) of Division24 4 of Title 2 of the Goemment Code25 SEC 2 No reimbursement is required by this act pursuant to26 Section 6 of Article XIII B of the California Constitution because27 the only costs that may be incurred by a local agency or school28 district will be incurred because this act creates a new crime or29 infraction eliminates a crime or infraction or changes thepenalty30 for a crime or infraction within the meaning of Section 17556 of31 the Government Code or changes the definition of a crime within32 the meaning of Section 6 of Article XIII B of the California33 Constitution

o

95

AB 1904 Assembly Bill Status

MEASURE AUTHOR(S)TOPIC

HOUSE

CURRENT BILL STATUS

AB No 1904Block Butler and

Professions and vocationslicenses

LOCATION

Cookmilitary spouses temporary

TYPE OF BILL

SEN

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyAppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpub11-12billasmab _1901-1950ab _1904_ bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes Noes OOPASS17

An act to add Section 1155 to the Business andProfessions Code relating to professions and vocationsand making an appropriation therefor

-

AB 1588 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1588AUTHOR(S) Atkins (Principal coauthors Cook and Nielsen)

(Coauthors Block Beth Gaines Pan V Manuel PerezWilliams and Yamada)

TOPIC Professions and vocations reservist licensees fees andcontinuing education

HOUSE LOCATION SEN+LAST AMENDED DATE 03052012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS forLAST

LAST

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

TITLE An act to add Section 1143 to the Business andProfessions Code relating to professions and vocations

htlpllwwwleginfocagovpubll-12Ibillasmlab _1551-1600ab _1588 _bill_20120601_statu 652012

middot

AMENDED IN ASSEMBLY MARCH 5 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1588

Introduced by Assembly Member Atkins(Principal coauthors Assembly Members Cook and Nielsen)

(Coauthors Assembly Members Block Beth Gaines PanV Manuel Perez Williams and Yamada)

February 6 2012

An act to add Section 1143 to the Business and Professions Coderelating to professions and vocations

LEGISLATIVE COUNSELS DIGEST

AB 1588 as amended Atkins Professions and vocations reservistlicensees fees and continuing education

Existing law provides for the regulation of various professions andvocations by boards commissions or bureaus within the Departmentof Consumer Affairs and for the licensure or registration of individualsin that regard Existing law authorizes any licensee whose licenseexpired while he or she was on active duty as a member of the CaliforniaNational Guard or the United States Armed Forces to reinstate his orher license without examination or penalty if certain requirements aremet

This bill would require the boards commissions or bureaus describedabove to waive the renewal fees and continuing education requirementsif either is applicable of any licensee or registrant who is a reservistcalled to active duty as a member of the United States Military Reserveor the California National Guard if certain requirements are met

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

98

AB 1588 -2-

Thepeople of the State of Califomi a do enact asfollows

1 SECTION 1 Section 1143 is added to the Business and2 Professions Code to read3 1143 Notwithstanding any other provision oflaw everyboard4 commission or bureau within the department shall waive the5 renewal fees and continuing education requirements if either is6 applicable for any licensee or registrant who is a reservist called7 to active duty as a member of the United States Military Reserve8 or the California National Guard if all of the following9 requirements are met

10 (a) The licensee or registrant was in good standing with the11 board commission or bureau at the time the reservist was called12 to active duty13 (b) The renewal fees or continuing education requirements are14 waived only for the period during which the reservist is on active15 duty service16 (c) The active duty reservist or the active duty reservists spouse17 or registered domestic partner provides written notice satisfactory18 to the board commission or bureau that substantiates the19 reservists active duty service

o

98

AB 1896 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1896AUTHOR(S) ChesbroTOPIC Tribal health programs health care practitionersHOUSE LOCATION SEN+LAST AMENDED DATE 03272012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATIONCOMM ACTION DATECOMM ACTIONCOMM VOTE SUMMARY

ASM

05172012Referred to Com on B P amp EDBUSINESS PROFESSIONS AND CONSUMER PROTECTION04102012

Do passAyes 09 Noes OOPASS

TITLE An act to amend the heading of Article 10 (commencingwith Section 710) of Chapter 1 of Division 2 of and toadd Section 719 to the Business and Professions Coderelating to healing arts

httpwwwleginfocagovpubI11-12lbillasmab_1851-1900ab_1896_bill_20120517 _statu 652012

-

AMENDED IN ASSEMBLY MARCH 27 2012

CALIFORNIA LEGISLATURE-20II-12 REGULAR SESSION

ASSEMBLY BILL No 1896

Introduced by Assembly Member Chesbro

February 222012

An act to amend the heading of Article 10 (commencing with Section710) of Chapter 1 of Division 2 of and to add Section 719 to theBusiness and Professions Code relating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1896 as amended Chesbro Tribal health programs health carepractitioners

Under existing federal law licensed health professionals employedby a tribal health program are required to be exempt if licensed in anystate from the licensing requirements of the state in which the tribalhealth program performs specified services A tribal health program isdefined as an Indian tribe or tribal organization that operates any healthprogram service function activity or facility funded in whole or partby the Indian Health Service

Existing law provides for the licensure and regulation of health carepractitioners by various healing arts boards within the Department ofConsumer Affairs

This bill would codify that federal requirement by specifying that aperson who is licensed as a health care practitioner in any other stateand is employed by a tribal health program is exempt from any statelicensing requirement with respect to acts authorized under thepersonslicense where the tribal health program performs specified services

Vote majority Appropriation no Fiscal committee noState-mandated local program no

98

AD 1896 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 The heading of Article 10 (commencing with2 Section 710) of Chapter 1 of Division 2 of the Business and3 Professions Code is amended to read456789

101112131415161718192021

Article 10 Federal Personnel and Tribal Health Programs

SEC 2 Section 719 is added to the Business and ProfessionsCode to read

719 (a) A person who is licensed as a health care practitionerin any other state and is employed by a tribal health program asdefined in Section 1603 of Title 25 of the United States Code shallbe exempt from any licensing requirement described in this divisionwith respect to acts authorized under the persons license wherethe tribal health program performs the services described in thecontract or compact of the tribal health program under the IndianSelf-Determination and Education Assistance Act (25 USC Sec450 et seq)

(b) For purposes of this section health care practitioner meansany person who engages in acts that are the subject of licensureor regulation under this division or Ml) initiative 8et referred to inthis division the law of any other state

o

98

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1904

Introduced by Assembly Members Block Butler and Cook

February 222012

An act to add Section 1155 to the Business and Professions Coderelating to professions and vocations and making an appropriationtherefor

LEGISLATIVE COUNSELS DIGEST

AB 1904 as introduced Block Professions and vocations militaryspouses temporary licenses

Existing law provides for the licensure and regulation of variousprofessions and vocations by boards within the Department of ConsumerAffairs Existing law provides for the issuance of reciprocal licenses incertain fields where the applicant among other requirements has alicense to practice within that field in another jurisdiction as specifiedUnder existing law licensing fees imposed by certain boards withinthe department are deposited in funds that are continuously appropriated

This bill would authorize a board within the department to issue atemporary license to an applicant who among other requirements holdsan equivalent license in another jurisdiction as specified and is marriedto or in a legal union with an active duty member of the Armed Forcesofthe United States who is assigned to a duty station in California underofficial active duty military orders The bill would require a board toexpedite the process for issuing these temporary licenses The bill wouldrequire the applicant to pay any fees required by the board and wouldrequire that those fees be deposited in the fund used by the board toadminister its licensing program To the extent that the bill would

99

AB 1904 -2-

increase the amount of money deposited into a continuously appropriatedfund the bill would make an appropriation

Vote majority Appropriation yes Fiscal committee yesState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 1155 is added to the Business and2 Professions Code to read3 1155 (a) A board within the department may issue a4 temporary license to an applicant who meets all of the following5 requirements6 (l) Submits an application in the manner prescribed by the7 board8 (2) Supplies evidence satisfactory to the board that the applicant9 is married to or in a domestic partnership or other legal union

10 with an active duty member of the Armed Forces of the United11 States who is assigned to a duty station in this state under official12 active duty military orders13 (3) Holds a current license in another state district or territory14 of the United States with the requirements that the board determines15 are substantially equivalent to those established under this code16 for that occupation17 (4) Has not committed an act in anyjurisdiction that would have18 constituted grounds for denial suspension or revocation of the19 license under this code at the time the act was committed20 (5) Has not been disciplined by a licensing entity in another21 jurisdiction and is not the subject of an unresolved complaint22 review procedure or disciplinary proceeding conducted by a23 licensing entity in another jurisdiction24 (6) Pays any fees required by the board Those fees shall be25 deposited in the applicable fund or account used by the board to26 administer its licensing program27 (7) Submits fingerprints and any applicable fingerprinting fee28 in the manner required of an applicant for a regular license29 (b) A board shall expedite the procedure for issuing a temporary30 license pursuant to this section31 (c) A temporary license issued under this section shall be valid32 for 180 days except that the license may at the discretion of the

99

-3- AB 1904

I board be extended for an additional180-day period on application2 of the license holder3 (d) A board may adopt regulations necessary to administer this4 section

o

99

AB 1932 Assembly Bill Status

MEASURE AUTHOR(S)TOPICHOUSE+LAST

CURRENT BILL STATUS

AB No 1932Gorell (Coauthor Cook)

United States armed services healing arts boardsLOCATION SENAMENDED DATE 04172012

TYPE OF BILL

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpubI11-12Ibillasmab_1901-1950ab_1932_bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

An act to add Section 7102 to the Business andProfessions Code relating to healing arts

-

AMENDED IN ASSEMBLY APRIL 172012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1932

Introduced by Assembly Member-Ceek Gorell(Coauthor Assembly Member Cook)

February 222012

An act to add Section 7102 to the Business and Professions Coderelating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1932 as amended euroook Gorell United States armed serviceshealing arts boards

Existing law provides for the licensure and regulation of varioushealing arts professions and vocations by boards within the Departmentof Consumer Affairs Existing law requires the rules and regulations ofthese healing arts boards to provide for methods of evaluating educationtraining and experience obtained in military service if such training isapplicable to the requirements of the particular profession or vocationregulated by the board Under existing law the Department of VeteransAffairs has specified powers and duties relating to various programsserving veterans

This bill would require by January 12014 and annually thereafterevery healing arts board to issue a specified written report to theDepartment of Veterans Affairs and the Legislature as specified thatclearly details the methods of evaluating the education training andexperience obtained in military service and whether that educationtraining and experience is applicable to the boards requirements forlicensure The bill would declare the intent of the Legislature in thisregard

98

AB 1932 -2-

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 710 of the Business and Professions Code2 was enacted in 1969 and because healing arts boards have not3 demonstrated significant compliance with that section it is the4 intent of the Legislature to establish an annual reporting5 requirement to compel these boards to provide information about6 the methods of evaluating education training and experience7 obtained in military service in order to meet the needs of the8 upcoming wave of armed service members returning to civilian9 life

10 SEC 2 Section 7102 is added to the Business and Professions11 Code to read12 7102 (a) By January 12014 and annually thereafter every13 healing arts board described in this division shall issue a written14 report to the Department of Veterans Affairs and to the Legislature15 that clearly details the methods of evaluating the education16 training and experience obtained in military service and whether17 that education training and experience is applicable to the boards18 requirements for licensure This written report shall include but19 not be limited to quantitative information about the number of20 service members who have applied for and have used their military21 education training and experience to fulfill the boards22 requirements for licensure23 (b) (1) The requirement to submit a report to the Legislature24 under subdivision (a) shall be inoperative on January 1 201825 pursuant to Section 102315 of the Government Code26 (2) A report to the Legislature shall be submitted in compliance27 with Section 9795 of the Government Code

o

98

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      • AGENDA ITEM 4
      • DISCUSSION AND POSSIBLE ACTION REGARDING PENDING LEGISLATION
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Page 41: DISCUSSION ANDPOSSIBLE ACTION REGARDING PENDING … · 2012-06-14  · Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of2010 (PublicLaw 111-152)

AMENDED IN ASSEMBLY APRIL 7 2011

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 783

Introduced by Assembly Member Hayashi

February 172011

An act to amend Section 2406 of the Business and Professions Codeand to amend Section 134015 of the Corporations Code relating toprofcssiemal eorporations and deelaring the mgeney thereof to tttkeeffeet immediatelyprofessional corporations

LEGISLATIVE COUNSELS DIGEST

AB 783 as amended Hayashi Professional corporations licensedphysical therapists and occupational therapists

Existing law regulating professional corporations provides that certainhealing arts practitioners may be shareholders officers directors orprofessional employees of a medical corporation-er-a podiatric medicalcorporation or a chiropractic corporation subject to certain limitations

This bill would add licensed physical therapists and licensedoccupational therapists to the list of healing arts practitioners who maybe shareholders officers directors or professional employees of thosecorporations The bill would also make conforming changes to a relatedprovision

This bill vv otlld deelare that it is to take etteet immediately as anmgeney statttte

Vote -majority Appropriation no Fiscal committee noState-mandated local program no

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Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 2406 of the Business and Professions2 Code is amended to read3 2406 A medical corporation or podiatry corporation is a4 corporation that is authorized to render professional services as

defined in Sections 13401 and 134015 ofthe Corporations Code6 so long as that corporation and its shareholders officers directors7 and employees rendering professional services who are physicians8 and surgeons psychologists registered nurses optometrists9 podiatrists chiropractors acupuncturists naturopathic doctors

physical therapists or in the case of a medical corporation only11 physician assistants marriage and family therapists or clinical12 social workers are in compliance with the Moscone-Knox13 Professional Corporation Act the provisions of this article and all14 other statutes and regulations now or hereafter enacted or adopted

pertaining to the corporation and the conduct of its affairs16 With respect to a medical corporation or podiatry corporation17 the governmental agency referred to in the Moscone-Knox18 Professional Corporation Act is the board19 SEC 2 Section 134015 of the Corporations Code is amended

to read21 134015 Notwithstanding subdivision (d) of Section 1340122 and any other provision of law the following licensed persons23 may be shareholders officers directors or professional employees24 of the professional corporations designated in this section so long

as the sum of all shares owned by those licensed persons does not26 exceed 49 percent ofthe total number of shares of the professional27 corporation so designated herein and so long as the number of28 those licensed persons owning shares in the professional29 corporation so designated herein does not exceed the number of

persons licensed by the governmental agency regulating the31 designated professional corporation32 (a) Medical corporation33 (1) Licensed doctors of podiatric medicine34 (2) Licensed psychologists

(3) Registered nurses36 (4) Licensed optometrists37 (5) Licensed marriage and family therapists38 (6) Licensed clinical social workers

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-3-

(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists(10) Naturopathic doctors(11) Licensed physical therapists(12)Licensed occupational therapists(b) Podiatric medical corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed optometrists(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(8) Licensed physical therapists(9) Licensed occupational therapists(c) Psychological corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Registered nurses(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed chiropractors(8) Licensed acupuncturists(9) Naturopathic doctors(d) Speech-language pathology corporation(1) Licensed audiologists(e) Audiology corporation(1) Licensed speech-language pathologists(t) Nursing corporation(l) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists

AB783

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AB783 -4-

(10) Naturopathic doctors(g) Marriage and family therapy corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed clinical social workers(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(h) Licensed clinical social worker corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed marriage and family therapists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(i) Physician assistants corporation(1) Licensed physicians and surgeons(2) Registered nurses(3) Licensed acupuncturists(4) Naturopathic doctorsG) Optometric corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(k) Chiropractic corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed acupuncturists(9) Naturopathic doctors

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-5- AB783

(10) Licensed physical therapists(11) Licensed occupational therapists(l) Acupuncture corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed physician assistants(9) Licensed chiropractors(10) Naturopathic doctors(m) Naturopathic doctor corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed physician assistants(5) Licensed chiropractors(6) Licensed acupuncturists(7) Licensed physical therapists(8) Licensed doctors of podiatric medicine(9) Licensed marriage family and child counselors(10) Licensed clinical social workers(11) Licensed optometrists(n) Dental corporation(1) Licensed physicians and surgeons(2) Dental assistants(3) Registered dental assistants(4) Registered dental assistants in extended functions(5) Registered dental hygienists(6) Registered dental hygienists in extended functions(7) Registered dental hygienists in alternative practiceSEC 3 This aet is Ml ttrgene statttte neeessary for the

immediatepresenation of the ptlblie peaee hettlihor saferyvvithinthe meMling of Miele IV of the Constittttion Mld shaHgo intoimmediate effeet The fftets eonstitttting the neeessiry Me

In order to 8t1thorizelieensed physieal therapists to beshareholders offieers mreetors or professional employees of

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AD7S3 -6-

1 memeal eorpofatiofts andpodiatrie medieal eorpofatiofts as soOft2 as possible it is fteeessary that this aet tftke dIeet immediately

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AB 800 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 800Huber

Boards and commissions time reporting

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to add Section 1156410 to the Government Coderelating to boards and commissions

httpwwwleginfocagovpubI11-12billasmlab_0751-0800ab _800_ bill_20120201_status 652012

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AB 958 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 958Bill Berryhill

Regulatory boards limitations periods

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to Art IV Sec 10(e) of theFrom committee Filed with the Chiefto Joint Rule 56BUSINESS PROFESSIONS AND CONSUMER PROTECTION

TITLE An act to add Section 1105 to and to repeal Sections16702 22305 296005 3137 375051 498205499032 5561 5661 76865 988420 and 98898 of theBusiness and Professions Code relating to regulatoryboards

httpwwwleginfocagovpub11-12lbillasmlab_0951-1 OOOab_958 _bill_ 20120202_ status 652012

AB 1003 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 1003Smyth

Professional and vocational licenses

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to professional and vocational licenses

httpwwwleginfocagovpubll-12Ibillasmlab_l00l-l 050ab_1003 _bill_2012020 I_statu 652012

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AB 1205 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1205AUTHOR(S) Bill BerryhillTOPIC Licensed behavior analysts+LAST AMENDED DATE 04042011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to amend Section 499018 of and to add Chapter52 (commencing with Section 252971) to Division 2 ofthe Business and Professions Code relating to healingarts

httpwwwleginfocagovpub11-12billasmab _120 1-1250ab_1205 _bill_20 120201_statu 652012

AB 1435 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1435AUTHOR(S) Dickinson (Coauthors Alejo Buchanan and Hill) TOPIC Child abuse reporting athletic personnelHOUSE LOCATION SEN+LAST AMENDED DATE OS252012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredState-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS for

LASTLAST

APPROPRIATIONSOS252012

Do pass as amendedAyes 17 Noes OOPASS

TITLE An act to amend Section 111657 of the Penal Coderelating to child abuse reporting

httpwww1eginfocagovpub11-12lbiIVasmab_140 1-1450ab _1435 _bill~0120601_statu 652012

AMENDED IN ASSEMBLY MAY 25 2012

AMENDED IN ASSEMBLY MARCH 21 2012

AMENDED IN ASSEMBLY MARCH 142012

AMENDED IN ASSEMBLY FEBRUARY 29 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1435

Introduced by Assembly Member Dickinson(Coauthors Assembly Members Alejo Buchanan and Hill)

January 4 2012

An act to amend Section 111657 of the Penal Code relating to childabuse reporting

LEGISLATIVE COUNSELS DIGEST

AB 1435 as amended Dickinson Child abuse reporting athleticpersonnel

Existing law the Child Abuse and Neglect Reporting Act requiresa mandated reporter as defined to report whenever he or she in his orher professional capacity or within the scope of his or her employmenthas knowledge of or observed a child whom the mandated reporterknows or reasonably suspects has been the victim of child abuse orneglect Failure to report an incident is a crime punishable byimprisonment in a county jail for a period of up to 6 months a fine ofup to $1000 or by both that imprisonment and fine

This bill would add athletic coaches athletic administrators andathletic directors employed by a public or private organization to thelist of individuals who are mandated reporters The bill otlld reqtlirean ptlblie or pri v ate orgflftizationernplo ing flftathletieeoaen Mhletie

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AB 1435 -2-

ftdministrator or Mhletie direetor to hftve provided initiftl trftining byJflfttlM) I 2014 on speeified mfttters relMing to ehiM a-bttse ftftdnegleetfor those employees On ftftd ftfter lftnuftry 12014 the bill vvottld reeJtlireinitiftl trftining to be pro vided IV ithin 6 months of the dMe ftn indi vidttftlbeeomes employed in thM eftlfteiry The bill vvouM require theseindividuftls to eomplete eontifttling tminmg every 2 yeMs

By imposing the reporting requirements on a new class of personsfor whom failure to report specified conduct is a crime ftftdby imposingne~ trftining reeJtlirements on publie oIgftfiiZMions ineluding loeftlgOvernment entities this bill would impose a state-mandated localprogram

The Cftlifomift Constittltion reqtlires the stMe to reimbtlfse loeftlftgeneies ftnd sehool distriets for eertftin eosts mftftdMed by the stftteStftttltory pItYvisions esffiblish proeedtlfes for mftkffigthftt reimbtlfsement

This bill hould pro vide thM 4vith regMd to eertftin mftftdfttes noIeimbtlfsement is reeJtlired by this ftet for ft speeified reftson

Vith regftM to ftny other mftndMeS this bill vv0tlM pro vide thM if theCommission on StMe ~bndtltes determines thM the bill eontftins eostsso mftndftted by the stftte reimbttIsement for those eosts shftll be mftdeptlfStlftnt to the stftttltory pro visions noted ttbo ve

The California Constitution requires the state to reimburse localagencies and school districts for certain costs mandated by the stateStatutory provisions establish procedures for making thatreimbursement

This bill would provide that no reimbursement is required by this actfor a specified reason

Vote majority Appropriation no Fiscal committee yesState-mandated local program yes

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 111657 of the Penal Code is amended2 to read3 111657 (a) As used in this article mandated reporter is4 defined as any of the following5 (1) A teacher6 (2) An instructional aide7 (3) A teachers aide or teachers assistant employed by any8 public or private schooL9 (4) A classified employee of any public schooL

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-3- AB 1435

1 (5) An administrative officer or supervisor of child welfare and2 attendance or a certificated pupil personnel employee of any public3 or private school4 (6) An administrator of a public or private day camp

(7) An administrator or employee of a public or private youth6 center youth recreation program or youth organization7 (8) An administrator or employee of a public or private8 organization whose duties require direct contact and supervision9 of children

(9) Any employee of a county office of education or the State11 Department of Education whose duties bring the employee into12 contact with children on a regular basis13 (10) A licensee an administrator or an employee of a licensed14 community care or child day care facility

(11) A Head Start program teacher16 (12) A licensing worker or licensing evaluator employed by a17 licensing agency as defined in Section 111651118 (13) A public assistance worker19 (14) An employee of a child care institution including but not

limited to foster parents group home personnel and personnel of21 residential care facilities22 (15) A social worker probation officer or parole officer23 (16) An employee of a school district police or security24 department

(17) Any person who is an administrator or presenter of or a26 counselor in a child abuse prevention program in any public or27 private school28 (18) A district attorney investigator inspector or local child29 support agency caseworker unless the investigator inspector or

caseworker is working with an attorney appointed pursuant to31 Section 317 of the Welfare and Institutions Code to represent a32 mmor33 (19) A peace officer as defined in Chapter 45 (commencing34 with Section 830) of Title 3 of Part 2 who is not otherwise

described in this section36 (20) A firefighter except for volunteer firefighters37 (21) A physician and surgeon psychiatrist psychologist dentist38 resident intern podiatrist chiropractor licensed nurse dental39 hygienist optometrist marriage and family therapist clinical social

worker professional clinical counselor or any other person who

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AB 1435 -4-

is currently licensed under Division 2 (commencing with Section500) of the Business and Professions Code

(22) Any emergency medical technician I or II paramedic orother person certified pursuant to Division 25 (commencing withSection 1797) of the Health and Safety Code

(23) A psychological assistant registered pursuant to Section2913 of the Business and Professions Code

(24) A marriage and family therapist trainee as defined insubdivision (c) of Section 498003 of the Business and ProfessionsCode

(25) An unlicensed marriage and family therapist internregistered under Section 498044 of the Business and ProfessionsCode

(26) A state or county public health employee who treats a minorfor venereal disease or any other condition

(27) A coroner(28) A medical examiner or any other person who performs

autopsies(29) A commercial film and photographic print processor as

specified in subdivision (e) of Section 11166 As used in thisarticle commercial film and photographic print processor meansany person who develops exposed photographic film into negativesslides or prints or who makes prints from negatives or slides forcompensation The term includes any employee of such a personit does not include a person who develops film or makes prints fora public agency

(30) A child visitation monitor As used in this article childvisitation monitor means any person who for financialcompensation acts as monitor of a visit between a child and anyother person when the monitoring of that visit has been orderedby a court of law

(31) An animal control officer or humane society officer Forthe purposes ofthis article the following terms have the followingmeanings

(A) Animal control officer means any person employed by acity county or city and county for the purpose of enforcing animalcontrol laws or regulations

(B) Humane society officer means any person appointed oremployed by a public or private entity as a humane officer who is

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-5- AB 1435

qualified pursuant to Section 14502 or 14503 of the CorporationsCode

(32) A clergy member as specified in subdivision (d) of Section11166 As used in this article clergy member means a priestminister rabbi religious practitioner or similar functionary of achurch temple or recognized denomination or organization

(33) Any custodian of records of a clergy member as specifiedin this section and subdivision (d) of Section 11166

(34) Any employee of any police department county sheriffsdepartment county probation department or county welfaredepartment

(35) An employee or volunteer of a Court Appointed SpecialAdvocate program as defined in Rule 1424 ofthe California Rulesof Court

(36) A custodial officer as defined in Section 8315(37) Any person providing services to a minor child under

Section 12300 or 123001 of the Welfare and Institutions Code(38) An alcohol and drug counselor As used in this article an

alcohol and drug counselor is a person providing counselingtherapy or other clinical services for a state licensed or certifieddrug alcohol or drug and alcohol treatment program Howeveralcohol or drug abuse or both alcohol and drug abuse is not inand of itself a sufficient basis for reporting child abuse or neglect

(39) A clinical counselor trainee as defined in subdivision (g)of Section 499912 of the Business and Professions Code

(40) A clinical counselor intern registered under Section 499942of the Business and Professions Code

(41) An athletic coach athletic administrator or athletic directoremployed by a public or private organization including but notlimited to schools and instittttions of higher e6ueation thatprovidekindergarten or any of grades 1 to 12 inclusive

(b) Except as provided in paragraph (35) of subdivision (a)volunteers of public or private organizations whose duties requiredirect contact with and supervision of children are not mandatedreporters but are encouraged to obtain training in the identificationand reporting of child abuse and neglect and are further encouragedto report known or suspected instances of child abuse or neglectto an agency specified in Section 111659

(c) Employers are strongly encouraged to provide theiremployees who are mandated reporters with training in the duties

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AB 1435 -6-

imposed by this article This training shall include training in childabuse and neglect identification and training in child abuse andneglect reporting Whether or not employers provide theiremployees with training in child abuse and neglect identificationand reporting the employers shall provide their employees whoare mandated reporters with the statement required pursuant tosubdivision (a) of Section 111665

(d) School districts that do not train their employees specifiedin subdivision (a) in the duties of mandated reporters under thechild abuse reporting laws shall report to the State Department ofEducation the reasons why this training is not provided

(e) Unless otherwise specifically provided the absence oftraining shall not excuse a mandated reporter from the dutiesimposed by this article

(f) Public and private organizations are encouraged to providetheir volunteers whose duties require direct contact with andsupervision of children with training in the identification andreporting of child abuse and neglect

(g) (1) On 6r befure Jttmtary 1 2014 ttll) pttblie 6r privflie6rganizttti6ftemp16ing ttft Mhletie e6tteh Mhletie ttdmimstrltt6r6r Mhletie direet6r ttSspeeified ift pMttgrttph (41) 6f sttbdivisi6ft(tt) shttll pr6 vide iftitittl trttining f6r th6se empl~ ees 6n thefull6vvingmtttters

(A) The identifiettti6n 6f ehild ttbttse ttnd negleet(D) Aeti vities thttt e6ftstitttte inltppr6prittte ttftd illegttl e6ntttet

betiveen tt 6tlth ltftd ltft ttthietie e6tteh Mhletie ttdmiftistrttt6r 6rttthietie direet6r

(6) The resp6nsibilities 6f tt pers6n identified lIStt mttndfliedrep6rter in this seeti6n ineIttding btl ft6t limited t6 ttll 6f thefull6 vving

(i) T6 ~h6m tt rep6rt is reqtlired t6 be mttde(ii) The inf6rmttti6n thttt is reqttired t6 be ifte1ttdedin tt rep6rt(iii) The time vvithiftvvhieha mandated rep6rter is reqttired t6

file tt rep6rt(2) Initittl training shall be pr6vided b perS6ftSkn6vvledgeltble

ift the identifiettti6n 6fehild aettse ttnd negleet inltppf6prittte ltftdillegal e6ntaet bem eena 6ttth and ltftadttIt ltftdstatttt6ry rep6rtingreqttiremeftts ltftdshttll e6nsist 6ftw6 h6ttrs 6felassr66m 6r 6therinteraetive trainiftg ltftdedttettti6n

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1 (h) Commeneing on fmd aftel Jfmtlftry12014 fmofgfmization2 speeified in sttbdivision (g) shaHpro ide initial training within six3 months of the date that fm individtutl beeomes empleryed as an4 Mhletie eoaeh athletie administrator or athletie direetor ttnless5 the indi idttal reeei ed training Hithin tw0 years prior to the date6 the indi idtlal is empleryed An Mhletie eoaeh athletie7 administrator or athletie direetor Hho has leeeied initial training8 ptlfStlafttto sttbdiision (g) shall eomplete eontifttling training9 thereafter onee eery two years eonsisting of one hottf of

10 elassroom or other interaeti e training fmd edtteation11 SEC 2 No reimbtlrsement is reqtlired by this aet pttfStlafttto12 Seetion 6 ofArtiele )GIlD of the California Constitution for eertain13 eosts that may be inetllTed by a loeal ageney or sehool distriet14 beeatlse ift that regard this aet ereates a nev erime or infraetion15 eliminates a erime or infraetion or ehfmges the penalty fOfa erime16 or inflaetion Hithin the meaning of Seetion 17556 of the17 Goemment Code or ehanges the definition ofa elime Hithin the18 meaning of Seetion 6 of Aniele XIII D of the Califomia19 Constitution20 IIo~eer if the Commission on State Mfmdates determines that21 this aet eontainsother eosts mfmdated by the state reimbttfsement22 to loeal ageneies fmd sehool distliets for those eosts shall be made23 ptlfStlafttto Part 7 (eommeneing Hith Seetion 17500) of Division24 4 of Title 2 of the Goemment Code25 SEC 2 No reimbursement is required by this act pursuant to26 Section 6 of Article XIII B of the California Constitution because27 the only costs that may be incurred by a local agency or school28 district will be incurred because this act creates a new crime or29 infraction eliminates a crime or infraction or changes thepenalty30 for a crime or infraction within the meaning of Section 17556 of31 the Government Code or changes the definition of a crime within32 the meaning of Section 6 of Article XIII B of the California33 Constitution

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AB 1904 Assembly Bill Status

MEASURE AUTHOR(S)TOPIC

HOUSE

CURRENT BILL STATUS

AB No 1904Block Butler and

Professions and vocationslicenses

LOCATION

Cookmilitary spouses temporary

TYPE OF BILL

SEN

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyAppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpub11-12billasmab _1901-1950ab _1904_ bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes Noes OOPASS17

An act to add Section 1155 to the Business andProfessions Code relating to professions and vocationsand making an appropriation therefor

-

AB 1588 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1588AUTHOR(S) Atkins (Principal coauthors Cook and Nielsen)

(Coauthors Block Beth Gaines Pan V Manuel PerezWilliams and Yamada)

TOPIC Professions and vocations reservist licensees fees andcontinuing education

HOUSE LOCATION SEN+LAST AMENDED DATE 03052012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS forLAST

LAST

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

TITLE An act to add Section 1143 to the Business andProfessions Code relating to professions and vocations

htlpllwwwleginfocagovpubll-12Ibillasmlab _1551-1600ab _1588 _bill_20120601_statu 652012

middot

AMENDED IN ASSEMBLY MARCH 5 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1588

Introduced by Assembly Member Atkins(Principal coauthors Assembly Members Cook and Nielsen)

(Coauthors Assembly Members Block Beth Gaines PanV Manuel Perez Williams and Yamada)

February 6 2012

An act to add Section 1143 to the Business and Professions Coderelating to professions and vocations

LEGISLATIVE COUNSELS DIGEST

AB 1588 as amended Atkins Professions and vocations reservistlicensees fees and continuing education

Existing law provides for the regulation of various professions andvocations by boards commissions or bureaus within the Departmentof Consumer Affairs and for the licensure or registration of individualsin that regard Existing law authorizes any licensee whose licenseexpired while he or she was on active duty as a member of the CaliforniaNational Guard or the United States Armed Forces to reinstate his orher license without examination or penalty if certain requirements aremet

This bill would require the boards commissions or bureaus describedabove to waive the renewal fees and continuing education requirementsif either is applicable of any licensee or registrant who is a reservistcalled to active duty as a member of the United States Military Reserveor the California National Guard if certain requirements are met

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

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AB 1588 -2-

Thepeople of the State of Califomi a do enact asfollows

1 SECTION 1 Section 1143 is added to the Business and2 Professions Code to read3 1143 Notwithstanding any other provision oflaw everyboard4 commission or bureau within the department shall waive the5 renewal fees and continuing education requirements if either is6 applicable for any licensee or registrant who is a reservist called7 to active duty as a member of the United States Military Reserve8 or the California National Guard if all of the following9 requirements are met

10 (a) The licensee or registrant was in good standing with the11 board commission or bureau at the time the reservist was called12 to active duty13 (b) The renewal fees or continuing education requirements are14 waived only for the period during which the reservist is on active15 duty service16 (c) The active duty reservist or the active duty reservists spouse17 or registered domestic partner provides written notice satisfactory18 to the board commission or bureau that substantiates the19 reservists active duty service

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AB 1896 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1896AUTHOR(S) ChesbroTOPIC Tribal health programs health care practitionersHOUSE LOCATION SEN+LAST AMENDED DATE 03272012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATIONCOMM ACTION DATECOMM ACTIONCOMM VOTE SUMMARY

ASM

05172012Referred to Com on B P amp EDBUSINESS PROFESSIONS AND CONSUMER PROTECTION04102012

Do passAyes 09 Noes OOPASS

TITLE An act to amend the heading of Article 10 (commencingwith Section 710) of Chapter 1 of Division 2 of and toadd Section 719 to the Business and Professions Coderelating to healing arts

httpwwwleginfocagovpubI11-12lbillasmab_1851-1900ab_1896_bill_20120517 _statu 652012

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AMENDED IN ASSEMBLY MARCH 27 2012

CALIFORNIA LEGISLATURE-20II-12 REGULAR SESSION

ASSEMBLY BILL No 1896

Introduced by Assembly Member Chesbro

February 222012

An act to amend the heading of Article 10 (commencing with Section710) of Chapter 1 of Division 2 of and to add Section 719 to theBusiness and Professions Code relating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1896 as amended Chesbro Tribal health programs health carepractitioners

Under existing federal law licensed health professionals employedby a tribal health program are required to be exempt if licensed in anystate from the licensing requirements of the state in which the tribalhealth program performs specified services A tribal health program isdefined as an Indian tribe or tribal organization that operates any healthprogram service function activity or facility funded in whole or partby the Indian Health Service

Existing law provides for the licensure and regulation of health carepractitioners by various healing arts boards within the Department ofConsumer Affairs

This bill would codify that federal requirement by specifying that aperson who is licensed as a health care practitioner in any other stateand is employed by a tribal health program is exempt from any statelicensing requirement with respect to acts authorized under thepersonslicense where the tribal health program performs specified services

Vote majority Appropriation no Fiscal committee noState-mandated local program no

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AD 1896 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 The heading of Article 10 (commencing with2 Section 710) of Chapter 1 of Division 2 of the Business and3 Professions Code is amended to read456789

101112131415161718192021

Article 10 Federal Personnel and Tribal Health Programs

SEC 2 Section 719 is added to the Business and ProfessionsCode to read

719 (a) A person who is licensed as a health care practitionerin any other state and is employed by a tribal health program asdefined in Section 1603 of Title 25 of the United States Code shallbe exempt from any licensing requirement described in this divisionwith respect to acts authorized under the persons license wherethe tribal health program performs the services described in thecontract or compact of the tribal health program under the IndianSelf-Determination and Education Assistance Act (25 USC Sec450 et seq)

(b) For purposes of this section health care practitioner meansany person who engages in acts that are the subject of licensureor regulation under this division or Ml) initiative 8et referred to inthis division the law of any other state

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CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1904

Introduced by Assembly Members Block Butler and Cook

February 222012

An act to add Section 1155 to the Business and Professions Coderelating to professions and vocations and making an appropriationtherefor

LEGISLATIVE COUNSELS DIGEST

AB 1904 as introduced Block Professions and vocations militaryspouses temporary licenses

Existing law provides for the licensure and regulation of variousprofessions and vocations by boards within the Department of ConsumerAffairs Existing law provides for the issuance of reciprocal licenses incertain fields where the applicant among other requirements has alicense to practice within that field in another jurisdiction as specifiedUnder existing law licensing fees imposed by certain boards withinthe department are deposited in funds that are continuously appropriated

This bill would authorize a board within the department to issue atemporary license to an applicant who among other requirements holdsan equivalent license in another jurisdiction as specified and is marriedto or in a legal union with an active duty member of the Armed Forcesofthe United States who is assigned to a duty station in California underofficial active duty military orders The bill would require a board toexpedite the process for issuing these temporary licenses The bill wouldrequire the applicant to pay any fees required by the board and wouldrequire that those fees be deposited in the fund used by the board toadminister its licensing program To the extent that the bill would

99

AB 1904 -2-

increase the amount of money deposited into a continuously appropriatedfund the bill would make an appropriation

Vote majority Appropriation yes Fiscal committee yesState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 1155 is added to the Business and2 Professions Code to read3 1155 (a) A board within the department may issue a4 temporary license to an applicant who meets all of the following5 requirements6 (l) Submits an application in the manner prescribed by the7 board8 (2) Supplies evidence satisfactory to the board that the applicant9 is married to or in a domestic partnership or other legal union

10 with an active duty member of the Armed Forces of the United11 States who is assigned to a duty station in this state under official12 active duty military orders13 (3) Holds a current license in another state district or territory14 of the United States with the requirements that the board determines15 are substantially equivalent to those established under this code16 for that occupation17 (4) Has not committed an act in anyjurisdiction that would have18 constituted grounds for denial suspension or revocation of the19 license under this code at the time the act was committed20 (5) Has not been disciplined by a licensing entity in another21 jurisdiction and is not the subject of an unresolved complaint22 review procedure or disciplinary proceeding conducted by a23 licensing entity in another jurisdiction24 (6) Pays any fees required by the board Those fees shall be25 deposited in the applicable fund or account used by the board to26 administer its licensing program27 (7) Submits fingerprints and any applicable fingerprinting fee28 in the manner required of an applicant for a regular license29 (b) A board shall expedite the procedure for issuing a temporary30 license pursuant to this section31 (c) A temporary license issued under this section shall be valid32 for 180 days except that the license may at the discretion of the

99

-3- AB 1904

I board be extended for an additional180-day period on application2 of the license holder3 (d) A board may adopt regulations necessary to administer this4 section

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AB 1932 Assembly Bill Status

MEASURE AUTHOR(S)TOPICHOUSE+LAST

CURRENT BILL STATUS

AB No 1932Gorell (Coauthor Cook)

United States armed services healing arts boardsLOCATION SENAMENDED DATE 04172012

TYPE OF BILL

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpubI11-12Ibillasmab_1901-1950ab_1932_bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

An act to add Section 7102 to the Business andProfessions Code relating to healing arts

-

AMENDED IN ASSEMBLY APRIL 172012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1932

Introduced by Assembly Member-Ceek Gorell(Coauthor Assembly Member Cook)

February 222012

An act to add Section 7102 to the Business and Professions Coderelating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1932 as amended euroook Gorell United States armed serviceshealing arts boards

Existing law provides for the licensure and regulation of varioushealing arts professions and vocations by boards within the Departmentof Consumer Affairs Existing law requires the rules and regulations ofthese healing arts boards to provide for methods of evaluating educationtraining and experience obtained in military service if such training isapplicable to the requirements of the particular profession or vocationregulated by the board Under existing law the Department of VeteransAffairs has specified powers and duties relating to various programsserving veterans

This bill would require by January 12014 and annually thereafterevery healing arts board to issue a specified written report to theDepartment of Veterans Affairs and the Legislature as specified thatclearly details the methods of evaluating the education training andexperience obtained in military service and whether that educationtraining and experience is applicable to the boards requirements forlicensure The bill would declare the intent of the Legislature in thisregard

98

AB 1932 -2-

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 710 of the Business and Professions Code2 was enacted in 1969 and because healing arts boards have not3 demonstrated significant compliance with that section it is the4 intent of the Legislature to establish an annual reporting5 requirement to compel these boards to provide information about6 the methods of evaluating education training and experience7 obtained in military service in order to meet the needs of the8 upcoming wave of armed service members returning to civilian9 life

10 SEC 2 Section 7102 is added to the Business and Professions11 Code to read12 7102 (a) By January 12014 and annually thereafter every13 healing arts board described in this division shall issue a written14 report to the Department of Veterans Affairs and to the Legislature15 that clearly details the methods of evaluating the education16 training and experience obtained in military service and whether17 that education training and experience is applicable to the boards18 requirements for licensure This written report shall include but19 not be limited to quantitative information about the number of20 service members who have applied for and have used their military21 education training and experience to fulfill the boards22 requirements for licensure23 (b) (1) The requirement to submit a report to the Legislature24 under subdivision (a) shall be inoperative on January 1 201825 pursuant to Section 102315 of the Government Code26 (2) A report to the Legislature shall be submitted in compliance27 with Section 9795 of the Government Code

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5

10

15

20

25

30

35

AB783 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 2406 of the Business and Professions2 Code is amended to read3 2406 A medical corporation or podiatry corporation is a4 corporation that is authorized to render professional services as

defined in Sections 13401 and 134015 ofthe Corporations Code6 so long as that corporation and its shareholders officers directors7 and employees rendering professional services who are physicians8 and surgeons psychologists registered nurses optometrists9 podiatrists chiropractors acupuncturists naturopathic doctors

physical therapists or in the case of a medical corporation only11 physician assistants marriage and family therapists or clinical12 social workers are in compliance with the Moscone-Knox13 Professional Corporation Act the provisions of this article and all14 other statutes and regulations now or hereafter enacted or adopted

pertaining to the corporation and the conduct of its affairs16 With respect to a medical corporation or podiatry corporation17 the governmental agency referred to in the Moscone-Knox18 Professional Corporation Act is the board19 SEC 2 Section 134015 of the Corporations Code is amended

to read21 134015 Notwithstanding subdivision (d) of Section 1340122 and any other provision of law the following licensed persons23 may be shareholders officers directors or professional employees24 of the professional corporations designated in this section so long

as the sum of all shares owned by those licensed persons does not26 exceed 49 percent ofthe total number of shares of the professional27 corporation so designated herein and so long as the number of28 those licensed persons owning shares in the professional29 corporation so designated herein does not exceed the number of

persons licensed by the governmental agency regulating the31 designated professional corporation32 (a) Medical corporation33 (1) Licensed doctors of podiatric medicine34 (2) Licensed psychologists

(3) Registered nurses36 (4) Licensed optometrists37 (5) Licensed marriage and family therapists38 (6) Licensed clinical social workers

98

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10111213141516171819202122232425262728293031323334353637383940

-3-

(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists(10) Naturopathic doctors(11) Licensed physical therapists(12)Licensed occupational therapists(b) Podiatric medical corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed optometrists(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(8) Licensed physical therapists(9) Licensed occupational therapists(c) Psychological corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Registered nurses(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed chiropractors(8) Licensed acupuncturists(9) Naturopathic doctors(d) Speech-language pathology corporation(1) Licensed audiologists(e) Audiology corporation(1) Licensed speech-language pathologists(t) Nursing corporation(l) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists

AB783

98

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10111213141516171819202122232425262728293031323334353637383940

AB783 -4-

(10) Naturopathic doctors(g) Marriage and family therapy corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed clinical social workers(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(h) Licensed clinical social worker corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed marriage and family therapists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(i) Physician assistants corporation(1) Licensed physicians and surgeons(2) Registered nurses(3) Licensed acupuncturists(4) Naturopathic doctorsG) Optometric corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(k) Chiropractic corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed acupuncturists(9) Naturopathic doctors

98

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101112131415161718192021222324252627282930313233343536373839

-5- AB783

(10) Licensed physical therapists(11) Licensed occupational therapists(l) Acupuncture corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed physician assistants(9) Licensed chiropractors(10) Naturopathic doctors(m) Naturopathic doctor corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed physician assistants(5) Licensed chiropractors(6) Licensed acupuncturists(7) Licensed physical therapists(8) Licensed doctors of podiatric medicine(9) Licensed marriage family and child counselors(10) Licensed clinical social workers(11) Licensed optometrists(n) Dental corporation(1) Licensed physicians and surgeons(2) Dental assistants(3) Registered dental assistants(4) Registered dental assistants in extended functions(5) Registered dental hygienists(6) Registered dental hygienists in extended functions(7) Registered dental hygienists in alternative practiceSEC 3 This aet is Ml ttrgene statttte neeessary for the

immediatepresenation of the ptlblie peaee hettlihor saferyvvithinthe meMling of Miele IV of the Constittttion Mld shaHgo intoimmediate effeet The fftets eonstitttting the neeessiry Me

In order to 8t1thorizelieensed physieal therapists to beshareholders offieers mreetors or professional employees of

98

AD7S3 -6-

1 memeal eorpofatiofts andpodiatrie medieal eorpofatiofts as soOft2 as possible it is fteeessary that this aet tftke dIeet immediately

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98

AB 800 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 800Huber

Boards and commissions time reporting

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to add Section 1156410 to the Government Coderelating to boards and commissions

httpwwwleginfocagovpubI11-12billasmlab_0751-0800ab _800_ bill_20120201_status 652012

-

AB 958 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 958Bill Berryhill

Regulatory boards limitations periods

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to Art IV Sec 10(e) of theFrom committee Filed with the Chiefto Joint Rule 56BUSINESS PROFESSIONS AND CONSUMER PROTECTION

TITLE An act to add Section 1105 to and to repeal Sections16702 22305 296005 3137 375051 498205499032 5561 5661 76865 988420 and 98898 of theBusiness and Professions Code relating to regulatoryboards

httpwwwleginfocagovpub11-12lbillasmlab_0951-1 OOOab_958 _bill_ 20120202_ status 652012

AB 1003 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 1003Smyth

Professional and vocational licenses

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to professional and vocational licenses

httpwwwleginfocagovpubll-12Ibillasmlab_l00l-l 050ab_1003 _bill_2012020 I_statu 652012

-

AB 1205 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1205AUTHOR(S) Bill BerryhillTOPIC Licensed behavior analysts+LAST AMENDED DATE 04042011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to amend Section 499018 of and to add Chapter52 (commencing with Section 252971) to Division 2 ofthe Business and Professions Code relating to healingarts

httpwwwleginfocagovpub11-12billasmab _120 1-1250ab_1205 _bill_20 120201_statu 652012

AB 1435 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1435AUTHOR(S) Dickinson (Coauthors Alejo Buchanan and Hill) TOPIC Child abuse reporting athletic personnelHOUSE LOCATION SEN+LAST AMENDED DATE OS252012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredState-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS for

LASTLAST

APPROPRIATIONSOS252012

Do pass as amendedAyes 17 Noes OOPASS

TITLE An act to amend Section 111657 of the Penal Coderelating to child abuse reporting

httpwww1eginfocagovpub11-12lbiIVasmab_140 1-1450ab _1435 _bill~0120601_statu 652012

AMENDED IN ASSEMBLY MAY 25 2012

AMENDED IN ASSEMBLY MARCH 21 2012

AMENDED IN ASSEMBLY MARCH 142012

AMENDED IN ASSEMBLY FEBRUARY 29 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1435

Introduced by Assembly Member Dickinson(Coauthors Assembly Members Alejo Buchanan and Hill)

January 4 2012

An act to amend Section 111657 of the Penal Code relating to childabuse reporting

LEGISLATIVE COUNSELS DIGEST

AB 1435 as amended Dickinson Child abuse reporting athleticpersonnel

Existing law the Child Abuse and Neglect Reporting Act requiresa mandated reporter as defined to report whenever he or she in his orher professional capacity or within the scope of his or her employmenthas knowledge of or observed a child whom the mandated reporterknows or reasonably suspects has been the victim of child abuse orneglect Failure to report an incident is a crime punishable byimprisonment in a county jail for a period of up to 6 months a fine ofup to $1000 or by both that imprisonment and fine

This bill would add athletic coaches athletic administrators andathletic directors employed by a public or private organization to thelist of individuals who are mandated reporters The bill otlld reqtlirean ptlblie or pri v ate orgflftizationernplo ing flftathletieeoaen Mhletie

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AB 1435 -2-

ftdministrator or Mhletie direetor to hftve provided initiftl trftining byJflfttlM) I 2014 on speeified mfttters relMing to ehiM a-bttse ftftdnegleetfor those employees On ftftd ftfter lftnuftry 12014 the bill vvottld reeJtlireinitiftl trftining to be pro vided IV ithin 6 months of the dMe ftn indi vidttftlbeeomes employed in thM eftlfteiry The bill vvouM require theseindividuftls to eomplete eontifttling tminmg every 2 yeMs

By imposing the reporting requirements on a new class of personsfor whom failure to report specified conduct is a crime ftftdby imposingne~ trftining reeJtlirements on publie oIgftfiiZMions ineluding loeftlgOvernment entities this bill would impose a state-mandated localprogram

The Cftlifomift Constittltion reqtlires the stMe to reimbtlfse loeftlftgeneies ftnd sehool distriets for eertftin eosts mftftdMed by the stftteStftttltory pItYvisions esffiblish proeedtlfes for mftkffigthftt reimbtlfsement

This bill hould pro vide thM 4vith regMd to eertftin mftftdfttes noIeimbtlfsement is reeJtlired by this ftet for ft speeified reftson

Vith regftM to ftny other mftndMeS this bill vv0tlM pro vide thM if theCommission on StMe ~bndtltes determines thM the bill eontftins eostsso mftndftted by the stftte reimbttIsement for those eosts shftll be mftdeptlfStlftnt to the stftttltory pro visions noted ttbo ve

The California Constitution requires the state to reimburse localagencies and school districts for certain costs mandated by the stateStatutory provisions establish procedures for making thatreimbursement

This bill would provide that no reimbursement is required by this actfor a specified reason

Vote majority Appropriation no Fiscal committee yesState-mandated local program yes

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 111657 of the Penal Code is amended2 to read3 111657 (a) As used in this article mandated reporter is4 defined as any of the following5 (1) A teacher6 (2) An instructional aide7 (3) A teachers aide or teachers assistant employed by any8 public or private schooL9 (4) A classified employee of any public schooL

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15

20

25

30

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-3- AB 1435

1 (5) An administrative officer or supervisor of child welfare and2 attendance or a certificated pupil personnel employee of any public3 or private school4 (6) An administrator of a public or private day camp

(7) An administrator or employee of a public or private youth6 center youth recreation program or youth organization7 (8) An administrator or employee of a public or private8 organization whose duties require direct contact and supervision9 of children

(9) Any employee of a county office of education or the State11 Department of Education whose duties bring the employee into12 contact with children on a regular basis13 (10) A licensee an administrator or an employee of a licensed14 community care or child day care facility

(11) A Head Start program teacher16 (12) A licensing worker or licensing evaluator employed by a17 licensing agency as defined in Section 111651118 (13) A public assistance worker19 (14) An employee of a child care institution including but not

limited to foster parents group home personnel and personnel of21 residential care facilities22 (15) A social worker probation officer or parole officer23 (16) An employee of a school district police or security24 department

(17) Any person who is an administrator or presenter of or a26 counselor in a child abuse prevention program in any public or27 private school28 (18) A district attorney investigator inspector or local child29 support agency caseworker unless the investigator inspector or

caseworker is working with an attorney appointed pursuant to31 Section 317 of the Welfare and Institutions Code to represent a32 mmor33 (19) A peace officer as defined in Chapter 45 (commencing34 with Section 830) of Title 3 of Part 2 who is not otherwise

described in this section36 (20) A firefighter except for volunteer firefighters37 (21) A physician and surgeon psychiatrist psychologist dentist38 resident intern podiatrist chiropractor licensed nurse dental39 hygienist optometrist marriage and family therapist clinical social

worker professional clinical counselor or any other person who

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AB 1435 -4-

is currently licensed under Division 2 (commencing with Section500) of the Business and Professions Code

(22) Any emergency medical technician I or II paramedic orother person certified pursuant to Division 25 (commencing withSection 1797) of the Health and Safety Code

(23) A psychological assistant registered pursuant to Section2913 of the Business and Professions Code

(24) A marriage and family therapist trainee as defined insubdivision (c) of Section 498003 of the Business and ProfessionsCode

(25) An unlicensed marriage and family therapist internregistered under Section 498044 of the Business and ProfessionsCode

(26) A state or county public health employee who treats a minorfor venereal disease or any other condition

(27) A coroner(28) A medical examiner or any other person who performs

autopsies(29) A commercial film and photographic print processor as

specified in subdivision (e) of Section 11166 As used in thisarticle commercial film and photographic print processor meansany person who develops exposed photographic film into negativesslides or prints or who makes prints from negatives or slides forcompensation The term includes any employee of such a personit does not include a person who develops film or makes prints fora public agency

(30) A child visitation monitor As used in this article childvisitation monitor means any person who for financialcompensation acts as monitor of a visit between a child and anyother person when the monitoring of that visit has been orderedby a court of law

(31) An animal control officer or humane society officer Forthe purposes ofthis article the following terms have the followingmeanings

(A) Animal control officer means any person employed by acity county or city and county for the purpose of enforcing animalcontrol laws or regulations

(B) Humane society officer means any person appointed oremployed by a public or private entity as a humane officer who is

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-5- AB 1435

qualified pursuant to Section 14502 or 14503 of the CorporationsCode

(32) A clergy member as specified in subdivision (d) of Section11166 As used in this article clergy member means a priestminister rabbi religious practitioner or similar functionary of achurch temple or recognized denomination or organization

(33) Any custodian of records of a clergy member as specifiedin this section and subdivision (d) of Section 11166

(34) Any employee of any police department county sheriffsdepartment county probation department or county welfaredepartment

(35) An employee or volunteer of a Court Appointed SpecialAdvocate program as defined in Rule 1424 ofthe California Rulesof Court

(36) A custodial officer as defined in Section 8315(37) Any person providing services to a minor child under

Section 12300 or 123001 of the Welfare and Institutions Code(38) An alcohol and drug counselor As used in this article an

alcohol and drug counselor is a person providing counselingtherapy or other clinical services for a state licensed or certifieddrug alcohol or drug and alcohol treatment program Howeveralcohol or drug abuse or both alcohol and drug abuse is not inand of itself a sufficient basis for reporting child abuse or neglect

(39) A clinical counselor trainee as defined in subdivision (g)of Section 499912 of the Business and Professions Code

(40) A clinical counselor intern registered under Section 499942of the Business and Professions Code

(41) An athletic coach athletic administrator or athletic directoremployed by a public or private organization including but notlimited to schools and instittttions of higher e6ueation thatprovidekindergarten or any of grades 1 to 12 inclusive

(b) Except as provided in paragraph (35) of subdivision (a)volunteers of public or private organizations whose duties requiredirect contact with and supervision of children are not mandatedreporters but are encouraged to obtain training in the identificationand reporting of child abuse and neglect and are further encouragedto report known or suspected instances of child abuse or neglectto an agency specified in Section 111659

(c) Employers are strongly encouraged to provide theiremployees who are mandated reporters with training in the duties

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AB 1435 -6-

imposed by this article This training shall include training in childabuse and neglect identification and training in child abuse andneglect reporting Whether or not employers provide theiremployees with training in child abuse and neglect identificationand reporting the employers shall provide their employees whoare mandated reporters with the statement required pursuant tosubdivision (a) of Section 111665

(d) School districts that do not train their employees specifiedin subdivision (a) in the duties of mandated reporters under thechild abuse reporting laws shall report to the State Department ofEducation the reasons why this training is not provided

(e) Unless otherwise specifically provided the absence oftraining shall not excuse a mandated reporter from the dutiesimposed by this article

(f) Public and private organizations are encouraged to providetheir volunteers whose duties require direct contact with andsupervision of children with training in the identification andreporting of child abuse and neglect

(g) (1) On 6r befure Jttmtary 1 2014 ttll) pttblie 6r privflie6rganizttti6ftemp16ing ttft Mhletie e6tteh Mhletie ttdmimstrltt6r6r Mhletie direet6r ttSspeeified ift pMttgrttph (41) 6f sttbdivisi6ft(tt) shttll pr6 vide iftitittl trttining f6r th6se empl~ ees 6n thefull6vvingmtttters

(A) The identifiettti6n 6f ehild ttbttse ttnd negleet(D) Aeti vities thttt e6ftstitttte inltppr6prittte ttftd illegttl e6ntttet

betiveen tt 6tlth ltftd ltft ttthietie e6tteh Mhletie ttdmiftistrttt6r 6rttthietie direet6r

(6) The resp6nsibilities 6f tt pers6n identified lIStt mttndfliedrep6rter in this seeti6n ineIttding btl ft6t limited t6 ttll 6f thefull6 vving

(i) T6 ~h6m tt rep6rt is reqtlired t6 be mttde(ii) The inf6rmttti6n thttt is reqttired t6 be ifte1ttdedin tt rep6rt(iii) The time vvithiftvvhieha mandated rep6rter is reqttired t6

file tt rep6rt(2) Initittl training shall be pr6vided b perS6ftSkn6vvledgeltble

ift the identifiettti6n 6fehild aettse ttnd negleet inltppf6prittte ltftdillegal e6ntaet bem eena 6ttth and ltftadttIt ltftdstatttt6ry rep6rtingreqttiremeftts ltftdshttll e6nsist 6ftw6 h6ttrs 6felassr66m 6r 6therinteraetive trainiftg ltftdedttettti6n

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-7- AB 1435

1 (h) Commeneing on fmd aftel Jfmtlftry12014 fmofgfmization2 speeified in sttbdivision (g) shaHpro ide initial training within six3 months of the date that fm individtutl beeomes empleryed as an4 Mhletie eoaeh athletie administrator or athletie direetor ttnless5 the indi idttal reeei ed training Hithin tw0 years prior to the date6 the indi idtlal is empleryed An Mhletie eoaeh athletie7 administrator or athletie direetor Hho has leeeied initial training8 ptlfStlafttto sttbdiision (g) shall eomplete eontifttling training9 thereafter onee eery two years eonsisting of one hottf of

10 elassroom or other interaeti e training fmd edtteation11 SEC 2 No reimbtlrsement is reqtlired by this aet pttfStlafttto12 Seetion 6 ofArtiele )GIlD of the California Constitution for eertain13 eosts that may be inetllTed by a loeal ageney or sehool distriet14 beeatlse ift that regard this aet ereates a nev erime or infraetion15 eliminates a erime or infraetion or ehfmges the penalty fOfa erime16 or inflaetion Hithin the meaning of Seetion 17556 of the17 Goemment Code or ehanges the definition ofa elime Hithin the18 meaning of Seetion 6 of Aniele XIII D of the Califomia19 Constitution20 IIo~eer if the Commission on State Mfmdates determines that21 this aet eontainsother eosts mfmdated by the state reimbttfsement22 to loeal ageneies fmd sehool distliets for those eosts shall be made23 ptlfStlafttto Part 7 (eommeneing Hith Seetion 17500) of Division24 4 of Title 2 of the Goemment Code25 SEC 2 No reimbursement is required by this act pursuant to26 Section 6 of Article XIII B of the California Constitution because27 the only costs that may be incurred by a local agency or school28 district will be incurred because this act creates a new crime or29 infraction eliminates a crime or infraction or changes thepenalty30 for a crime or infraction within the meaning of Section 17556 of31 the Government Code or changes the definition of a crime within32 the meaning of Section 6 of Article XIII B of the California33 Constitution

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AB 1904 Assembly Bill Status

MEASURE AUTHOR(S)TOPIC

HOUSE

CURRENT BILL STATUS

AB No 1904Block Butler and

Professions and vocationslicenses

LOCATION

Cookmilitary spouses temporary

TYPE OF BILL

SEN

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyAppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpub11-12billasmab _1901-1950ab _1904_ bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes Noes OOPASS17

An act to add Section 1155 to the Business andProfessions Code relating to professions and vocationsand making an appropriation therefor

-

AB 1588 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1588AUTHOR(S) Atkins (Principal coauthors Cook and Nielsen)

(Coauthors Block Beth Gaines Pan V Manuel PerezWilliams and Yamada)

TOPIC Professions and vocations reservist licensees fees andcontinuing education

HOUSE LOCATION SEN+LAST AMENDED DATE 03052012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS forLAST

LAST

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

TITLE An act to add Section 1143 to the Business andProfessions Code relating to professions and vocations

htlpllwwwleginfocagovpubll-12Ibillasmlab _1551-1600ab _1588 _bill_20120601_statu 652012

middot

AMENDED IN ASSEMBLY MARCH 5 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1588

Introduced by Assembly Member Atkins(Principal coauthors Assembly Members Cook and Nielsen)

(Coauthors Assembly Members Block Beth Gaines PanV Manuel Perez Williams and Yamada)

February 6 2012

An act to add Section 1143 to the Business and Professions Coderelating to professions and vocations

LEGISLATIVE COUNSELS DIGEST

AB 1588 as amended Atkins Professions and vocations reservistlicensees fees and continuing education

Existing law provides for the regulation of various professions andvocations by boards commissions or bureaus within the Departmentof Consumer Affairs and for the licensure or registration of individualsin that regard Existing law authorizes any licensee whose licenseexpired while he or she was on active duty as a member of the CaliforniaNational Guard or the United States Armed Forces to reinstate his orher license without examination or penalty if certain requirements aremet

This bill would require the boards commissions or bureaus describedabove to waive the renewal fees and continuing education requirementsif either is applicable of any licensee or registrant who is a reservistcalled to active duty as a member of the United States Military Reserveor the California National Guard if certain requirements are met

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

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AB 1588 -2-

Thepeople of the State of Califomi a do enact asfollows

1 SECTION 1 Section 1143 is added to the Business and2 Professions Code to read3 1143 Notwithstanding any other provision oflaw everyboard4 commission or bureau within the department shall waive the5 renewal fees and continuing education requirements if either is6 applicable for any licensee or registrant who is a reservist called7 to active duty as a member of the United States Military Reserve8 or the California National Guard if all of the following9 requirements are met

10 (a) The licensee or registrant was in good standing with the11 board commission or bureau at the time the reservist was called12 to active duty13 (b) The renewal fees or continuing education requirements are14 waived only for the period during which the reservist is on active15 duty service16 (c) The active duty reservist or the active duty reservists spouse17 or registered domestic partner provides written notice satisfactory18 to the board commission or bureau that substantiates the19 reservists active duty service

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AB 1896 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1896AUTHOR(S) ChesbroTOPIC Tribal health programs health care practitionersHOUSE LOCATION SEN+LAST AMENDED DATE 03272012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATIONCOMM ACTION DATECOMM ACTIONCOMM VOTE SUMMARY

ASM

05172012Referred to Com on B P amp EDBUSINESS PROFESSIONS AND CONSUMER PROTECTION04102012

Do passAyes 09 Noes OOPASS

TITLE An act to amend the heading of Article 10 (commencingwith Section 710) of Chapter 1 of Division 2 of and toadd Section 719 to the Business and Professions Coderelating to healing arts

httpwwwleginfocagovpubI11-12lbillasmab_1851-1900ab_1896_bill_20120517 _statu 652012

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AMENDED IN ASSEMBLY MARCH 27 2012

CALIFORNIA LEGISLATURE-20II-12 REGULAR SESSION

ASSEMBLY BILL No 1896

Introduced by Assembly Member Chesbro

February 222012

An act to amend the heading of Article 10 (commencing with Section710) of Chapter 1 of Division 2 of and to add Section 719 to theBusiness and Professions Code relating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1896 as amended Chesbro Tribal health programs health carepractitioners

Under existing federal law licensed health professionals employedby a tribal health program are required to be exempt if licensed in anystate from the licensing requirements of the state in which the tribalhealth program performs specified services A tribal health program isdefined as an Indian tribe or tribal organization that operates any healthprogram service function activity or facility funded in whole or partby the Indian Health Service

Existing law provides for the licensure and regulation of health carepractitioners by various healing arts boards within the Department ofConsumer Affairs

This bill would codify that federal requirement by specifying that aperson who is licensed as a health care practitioner in any other stateand is employed by a tribal health program is exempt from any statelicensing requirement with respect to acts authorized under thepersonslicense where the tribal health program performs specified services

Vote majority Appropriation no Fiscal committee noState-mandated local program no

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AD 1896 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 The heading of Article 10 (commencing with2 Section 710) of Chapter 1 of Division 2 of the Business and3 Professions Code is amended to read456789

101112131415161718192021

Article 10 Federal Personnel and Tribal Health Programs

SEC 2 Section 719 is added to the Business and ProfessionsCode to read

719 (a) A person who is licensed as a health care practitionerin any other state and is employed by a tribal health program asdefined in Section 1603 of Title 25 of the United States Code shallbe exempt from any licensing requirement described in this divisionwith respect to acts authorized under the persons license wherethe tribal health program performs the services described in thecontract or compact of the tribal health program under the IndianSelf-Determination and Education Assistance Act (25 USC Sec450 et seq)

(b) For purposes of this section health care practitioner meansany person who engages in acts that are the subject of licensureor regulation under this division or Ml) initiative 8et referred to inthis division the law of any other state

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CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1904

Introduced by Assembly Members Block Butler and Cook

February 222012

An act to add Section 1155 to the Business and Professions Coderelating to professions and vocations and making an appropriationtherefor

LEGISLATIVE COUNSELS DIGEST

AB 1904 as introduced Block Professions and vocations militaryspouses temporary licenses

Existing law provides for the licensure and regulation of variousprofessions and vocations by boards within the Department of ConsumerAffairs Existing law provides for the issuance of reciprocal licenses incertain fields where the applicant among other requirements has alicense to practice within that field in another jurisdiction as specifiedUnder existing law licensing fees imposed by certain boards withinthe department are deposited in funds that are continuously appropriated

This bill would authorize a board within the department to issue atemporary license to an applicant who among other requirements holdsan equivalent license in another jurisdiction as specified and is marriedto or in a legal union with an active duty member of the Armed Forcesofthe United States who is assigned to a duty station in California underofficial active duty military orders The bill would require a board toexpedite the process for issuing these temporary licenses The bill wouldrequire the applicant to pay any fees required by the board and wouldrequire that those fees be deposited in the fund used by the board toadminister its licensing program To the extent that the bill would

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AB 1904 -2-

increase the amount of money deposited into a continuously appropriatedfund the bill would make an appropriation

Vote majority Appropriation yes Fiscal committee yesState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 1155 is added to the Business and2 Professions Code to read3 1155 (a) A board within the department may issue a4 temporary license to an applicant who meets all of the following5 requirements6 (l) Submits an application in the manner prescribed by the7 board8 (2) Supplies evidence satisfactory to the board that the applicant9 is married to or in a domestic partnership or other legal union

10 with an active duty member of the Armed Forces of the United11 States who is assigned to a duty station in this state under official12 active duty military orders13 (3) Holds a current license in another state district or territory14 of the United States with the requirements that the board determines15 are substantially equivalent to those established under this code16 for that occupation17 (4) Has not committed an act in anyjurisdiction that would have18 constituted grounds for denial suspension or revocation of the19 license under this code at the time the act was committed20 (5) Has not been disciplined by a licensing entity in another21 jurisdiction and is not the subject of an unresolved complaint22 review procedure or disciplinary proceeding conducted by a23 licensing entity in another jurisdiction24 (6) Pays any fees required by the board Those fees shall be25 deposited in the applicable fund or account used by the board to26 administer its licensing program27 (7) Submits fingerprints and any applicable fingerprinting fee28 in the manner required of an applicant for a regular license29 (b) A board shall expedite the procedure for issuing a temporary30 license pursuant to this section31 (c) A temporary license issued under this section shall be valid32 for 180 days except that the license may at the discretion of the

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-3- AB 1904

I board be extended for an additional180-day period on application2 of the license holder3 (d) A board may adopt regulations necessary to administer this4 section

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AB 1932 Assembly Bill Status

MEASURE AUTHOR(S)TOPICHOUSE+LAST

CURRENT BILL STATUS

AB No 1932Gorell (Coauthor Cook)

United States armed services healing arts boardsLOCATION SENAMENDED DATE 04172012

TYPE OF BILL

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpubI11-12Ibillasmab_1901-1950ab_1932_bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

An act to add Section 7102 to the Business andProfessions Code relating to healing arts

-

AMENDED IN ASSEMBLY APRIL 172012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1932

Introduced by Assembly Member-Ceek Gorell(Coauthor Assembly Member Cook)

February 222012

An act to add Section 7102 to the Business and Professions Coderelating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1932 as amended euroook Gorell United States armed serviceshealing arts boards

Existing law provides for the licensure and regulation of varioushealing arts professions and vocations by boards within the Departmentof Consumer Affairs Existing law requires the rules and regulations ofthese healing arts boards to provide for methods of evaluating educationtraining and experience obtained in military service if such training isapplicable to the requirements of the particular profession or vocationregulated by the board Under existing law the Department of VeteransAffairs has specified powers and duties relating to various programsserving veterans

This bill would require by January 12014 and annually thereafterevery healing arts board to issue a specified written report to theDepartment of Veterans Affairs and the Legislature as specified thatclearly details the methods of evaluating the education training andexperience obtained in military service and whether that educationtraining and experience is applicable to the boards requirements forlicensure The bill would declare the intent of the Legislature in thisregard

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AB 1932 -2-

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 710 of the Business and Professions Code2 was enacted in 1969 and because healing arts boards have not3 demonstrated significant compliance with that section it is the4 intent of the Legislature to establish an annual reporting5 requirement to compel these boards to provide information about6 the methods of evaluating education training and experience7 obtained in military service in order to meet the needs of the8 upcoming wave of armed service members returning to civilian9 life

10 SEC 2 Section 7102 is added to the Business and Professions11 Code to read12 7102 (a) By January 12014 and annually thereafter every13 healing arts board described in this division shall issue a written14 report to the Department of Veterans Affairs and to the Legislature15 that clearly details the methods of evaluating the education16 training and experience obtained in military service and whether17 that education training and experience is applicable to the boards18 requirements for licensure This written report shall include but19 not be limited to quantitative information about the number of20 service members who have applied for and have used their military21 education training and experience to fulfill the boards22 requirements for licensure23 (b) (1) The requirement to submit a report to the Legislature24 under subdivision (a) shall be inoperative on January 1 201825 pursuant to Section 102315 of the Government Code26 (2) A report to the Legislature shall be submitted in compliance27 with Section 9795 of the Government Code

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      • AGENDA ITEM 4
      • DISCUSSION AND POSSIBLE ACTION REGARDING PENDING LEGISLATION
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-3-

(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists(10) Naturopathic doctors(11) Licensed physical therapists(12)Licensed occupational therapists(b) Podiatric medical corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed optometrists(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(8) Licensed physical therapists(9) Licensed occupational therapists(c) Psychological corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Registered nurses(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed chiropractors(8) Licensed acupuncturists(9) Naturopathic doctors(d) Speech-language pathology corporation(1) Licensed audiologists(e) Audiology corporation(1) Licensed speech-language pathologists(t) Nursing corporation(l) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Licensed optometrists(5) Licensed marriage and family therapists(6) Licensed clinical social workers(7) Licensed physician assistants(8) Licensed chiropractors(9) Licensed acupuncturists

AB783

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(10) Naturopathic doctors(g) Marriage and family therapy corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed clinical social workers(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(h) Licensed clinical social worker corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed marriage and family therapists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(i) Physician assistants corporation(1) Licensed physicians and surgeons(2) Registered nurses(3) Licensed acupuncturists(4) Naturopathic doctorsG) Optometric corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(k) Chiropractic corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed acupuncturists(9) Naturopathic doctors

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-5- AB783

(10) Licensed physical therapists(11) Licensed occupational therapists(l) Acupuncture corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed physician assistants(9) Licensed chiropractors(10) Naturopathic doctors(m) Naturopathic doctor corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed physician assistants(5) Licensed chiropractors(6) Licensed acupuncturists(7) Licensed physical therapists(8) Licensed doctors of podiatric medicine(9) Licensed marriage family and child counselors(10) Licensed clinical social workers(11) Licensed optometrists(n) Dental corporation(1) Licensed physicians and surgeons(2) Dental assistants(3) Registered dental assistants(4) Registered dental assistants in extended functions(5) Registered dental hygienists(6) Registered dental hygienists in extended functions(7) Registered dental hygienists in alternative practiceSEC 3 This aet is Ml ttrgene statttte neeessary for the

immediatepresenation of the ptlblie peaee hettlihor saferyvvithinthe meMling of Miele IV of the Constittttion Mld shaHgo intoimmediate effeet The fftets eonstitttting the neeessiry Me

In order to 8t1thorizelieensed physieal therapists to beshareholders offieers mreetors or professional employees of

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1 memeal eorpofatiofts andpodiatrie medieal eorpofatiofts as soOft2 as possible it is fteeessary that this aet tftke dIeet immediately

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AB 800 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 800Huber

Boards and commissions time reporting

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to add Section 1156410 to the Government Coderelating to boards and commissions

httpwwwleginfocagovpubI11-12billasmlab_0751-0800ab _800_ bill_20120201_status 652012

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AB 958 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 958Bill Berryhill

Regulatory boards limitations periods

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to Art IV Sec 10(e) of theFrom committee Filed with the Chiefto Joint Rule 56BUSINESS PROFESSIONS AND CONSUMER PROTECTION

TITLE An act to add Section 1105 to and to repeal Sections16702 22305 296005 3137 375051 498205499032 5561 5661 76865 988420 and 98898 of theBusiness and Professions Code relating to regulatoryboards

httpwwwleginfocagovpub11-12lbillasmlab_0951-1 OOOab_958 _bill_ 20120202_ status 652012

AB 1003 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 1003Smyth

Professional and vocational licenses

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to professional and vocational licenses

httpwwwleginfocagovpubll-12Ibillasmlab_l00l-l 050ab_1003 _bill_2012020 I_statu 652012

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AB 1205 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1205AUTHOR(S) Bill BerryhillTOPIC Licensed behavior analysts+LAST AMENDED DATE 04042011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to amend Section 499018 of and to add Chapter52 (commencing with Section 252971) to Division 2 ofthe Business and Professions Code relating to healingarts

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AB 1435 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1435AUTHOR(S) Dickinson (Coauthors Alejo Buchanan and Hill) TOPIC Child abuse reporting athletic personnelHOUSE LOCATION SEN+LAST AMENDED DATE OS252012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredState-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS for

LASTLAST

APPROPRIATIONSOS252012

Do pass as amendedAyes 17 Noes OOPASS

TITLE An act to amend Section 111657 of the Penal Coderelating to child abuse reporting

httpwww1eginfocagovpub11-12lbiIVasmab_140 1-1450ab _1435 _bill~0120601_statu 652012

AMENDED IN ASSEMBLY MAY 25 2012

AMENDED IN ASSEMBLY MARCH 21 2012

AMENDED IN ASSEMBLY MARCH 142012

AMENDED IN ASSEMBLY FEBRUARY 29 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1435

Introduced by Assembly Member Dickinson(Coauthors Assembly Members Alejo Buchanan and Hill)

January 4 2012

An act to amend Section 111657 of the Penal Code relating to childabuse reporting

LEGISLATIVE COUNSELS DIGEST

AB 1435 as amended Dickinson Child abuse reporting athleticpersonnel

Existing law the Child Abuse and Neglect Reporting Act requiresa mandated reporter as defined to report whenever he or she in his orher professional capacity or within the scope of his or her employmenthas knowledge of or observed a child whom the mandated reporterknows or reasonably suspects has been the victim of child abuse orneglect Failure to report an incident is a crime punishable byimprisonment in a county jail for a period of up to 6 months a fine ofup to $1000 or by both that imprisonment and fine

This bill would add athletic coaches athletic administrators andathletic directors employed by a public or private organization to thelist of individuals who are mandated reporters The bill otlld reqtlirean ptlblie or pri v ate orgflftizationernplo ing flftathletieeoaen Mhletie

95

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AB 1435 -2-

ftdministrator or Mhletie direetor to hftve provided initiftl trftining byJflfttlM) I 2014 on speeified mfttters relMing to ehiM a-bttse ftftdnegleetfor those employees On ftftd ftfter lftnuftry 12014 the bill vvottld reeJtlireinitiftl trftining to be pro vided IV ithin 6 months of the dMe ftn indi vidttftlbeeomes employed in thM eftlfteiry The bill vvouM require theseindividuftls to eomplete eontifttling tminmg every 2 yeMs

By imposing the reporting requirements on a new class of personsfor whom failure to report specified conduct is a crime ftftdby imposingne~ trftining reeJtlirements on publie oIgftfiiZMions ineluding loeftlgOvernment entities this bill would impose a state-mandated localprogram

The Cftlifomift Constittltion reqtlires the stMe to reimbtlfse loeftlftgeneies ftnd sehool distriets for eertftin eosts mftftdMed by the stftteStftttltory pItYvisions esffiblish proeedtlfes for mftkffigthftt reimbtlfsement

This bill hould pro vide thM 4vith regMd to eertftin mftftdfttes noIeimbtlfsement is reeJtlired by this ftet for ft speeified reftson

Vith regftM to ftny other mftndMeS this bill vv0tlM pro vide thM if theCommission on StMe ~bndtltes determines thM the bill eontftins eostsso mftndftted by the stftte reimbttIsement for those eosts shftll be mftdeptlfStlftnt to the stftttltory pro visions noted ttbo ve

The California Constitution requires the state to reimburse localagencies and school districts for certain costs mandated by the stateStatutory provisions establish procedures for making thatreimbursement

This bill would provide that no reimbursement is required by this actfor a specified reason

Vote majority Appropriation no Fiscal committee yesState-mandated local program yes

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 111657 of the Penal Code is amended2 to read3 111657 (a) As used in this article mandated reporter is4 defined as any of the following5 (1) A teacher6 (2) An instructional aide7 (3) A teachers aide or teachers assistant employed by any8 public or private schooL9 (4) A classified employee of any public schooL

95

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5

10

15

20

25

30

35

40

-3- AB 1435

1 (5) An administrative officer or supervisor of child welfare and2 attendance or a certificated pupil personnel employee of any public3 or private school4 (6) An administrator of a public or private day camp

(7) An administrator or employee of a public or private youth6 center youth recreation program or youth organization7 (8) An administrator or employee of a public or private8 organization whose duties require direct contact and supervision9 of children

(9) Any employee of a county office of education or the State11 Department of Education whose duties bring the employee into12 contact with children on a regular basis13 (10) A licensee an administrator or an employee of a licensed14 community care or child day care facility

(11) A Head Start program teacher16 (12) A licensing worker or licensing evaluator employed by a17 licensing agency as defined in Section 111651118 (13) A public assistance worker19 (14) An employee of a child care institution including but not

limited to foster parents group home personnel and personnel of21 residential care facilities22 (15) A social worker probation officer or parole officer23 (16) An employee of a school district police or security24 department

(17) Any person who is an administrator or presenter of or a26 counselor in a child abuse prevention program in any public or27 private school28 (18) A district attorney investigator inspector or local child29 support agency caseworker unless the investigator inspector or

caseworker is working with an attorney appointed pursuant to31 Section 317 of the Welfare and Institutions Code to represent a32 mmor33 (19) A peace officer as defined in Chapter 45 (commencing34 with Section 830) of Title 3 of Part 2 who is not otherwise

described in this section36 (20) A firefighter except for volunteer firefighters37 (21) A physician and surgeon psychiatrist psychologist dentist38 resident intern podiatrist chiropractor licensed nurse dental39 hygienist optometrist marriage and family therapist clinical social

worker professional clinical counselor or any other person who

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AB 1435 -4-

is currently licensed under Division 2 (commencing with Section500) of the Business and Professions Code

(22) Any emergency medical technician I or II paramedic orother person certified pursuant to Division 25 (commencing withSection 1797) of the Health and Safety Code

(23) A psychological assistant registered pursuant to Section2913 of the Business and Professions Code

(24) A marriage and family therapist trainee as defined insubdivision (c) of Section 498003 of the Business and ProfessionsCode

(25) An unlicensed marriage and family therapist internregistered under Section 498044 of the Business and ProfessionsCode

(26) A state or county public health employee who treats a minorfor venereal disease or any other condition

(27) A coroner(28) A medical examiner or any other person who performs

autopsies(29) A commercial film and photographic print processor as

specified in subdivision (e) of Section 11166 As used in thisarticle commercial film and photographic print processor meansany person who develops exposed photographic film into negativesslides or prints or who makes prints from negatives or slides forcompensation The term includes any employee of such a personit does not include a person who develops film or makes prints fora public agency

(30) A child visitation monitor As used in this article childvisitation monitor means any person who for financialcompensation acts as monitor of a visit between a child and anyother person when the monitoring of that visit has been orderedby a court of law

(31) An animal control officer or humane society officer Forthe purposes ofthis article the following terms have the followingmeanings

(A) Animal control officer means any person employed by acity county or city and county for the purpose of enforcing animalcontrol laws or regulations

(B) Humane society officer means any person appointed oremployed by a public or private entity as a humane officer who is

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-5- AB 1435

qualified pursuant to Section 14502 or 14503 of the CorporationsCode

(32) A clergy member as specified in subdivision (d) of Section11166 As used in this article clergy member means a priestminister rabbi religious practitioner or similar functionary of achurch temple or recognized denomination or organization

(33) Any custodian of records of a clergy member as specifiedin this section and subdivision (d) of Section 11166

(34) Any employee of any police department county sheriffsdepartment county probation department or county welfaredepartment

(35) An employee or volunteer of a Court Appointed SpecialAdvocate program as defined in Rule 1424 ofthe California Rulesof Court

(36) A custodial officer as defined in Section 8315(37) Any person providing services to a minor child under

Section 12300 or 123001 of the Welfare and Institutions Code(38) An alcohol and drug counselor As used in this article an

alcohol and drug counselor is a person providing counselingtherapy or other clinical services for a state licensed or certifieddrug alcohol or drug and alcohol treatment program Howeveralcohol or drug abuse or both alcohol and drug abuse is not inand of itself a sufficient basis for reporting child abuse or neglect

(39) A clinical counselor trainee as defined in subdivision (g)of Section 499912 of the Business and Professions Code

(40) A clinical counselor intern registered under Section 499942of the Business and Professions Code

(41) An athletic coach athletic administrator or athletic directoremployed by a public or private organization including but notlimited to schools and instittttions of higher e6ueation thatprovidekindergarten or any of grades 1 to 12 inclusive

(b) Except as provided in paragraph (35) of subdivision (a)volunteers of public or private organizations whose duties requiredirect contact with and supervision of children are not mandatedreporters but are encouraged to obtain training in the identificationand reporting of child abuse and neglect and are further encouragedto report known or suspected instances of child abuse or neglectto an agency specified in Section 111659

(c) Employers are strongly encouraged to provide theiremployees who are mandated reporters with training in the duties

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AB 1435 -6-

imposed by this article This training shall include training in childabuse and neglect identification and training in child abuse andneglect reporting Whether or not employers provide theiremployees with training in child abuse and neglect identificationand reporting the employers shall provide their employees whoare mandated reporters with the statement required pursuant tosubdivision (a) of Section 111665

(d) School districts that do not train their employees specifiedin subdivision (a) in the duties of mandated reporters under thechild abuse reporting laws shall report to the State Department ofEducation the reasons why this training is not provided

(e) Unless otherwise specifically provided the absence oftraining shall not excuse a mandated reporter from the dutiesimposed by this article

(f) Public and private organizations are encouraged to providetheir volunteers whose duties require direct contact with andsupervision of children with training in the identification andreporting of child abuse and neglect

(g) (1) On 6r befure Jttmtary 1 2014 ttll) pttblie 6r privflie6rganizttti6ftemp16ing ttft Mhletie e6tteh Mhletie ttdmimstrltt6r6r Mhletie direet6r ttSspeeified ift pMttgrttph (41) 6f sttbdivisi6ft(tt) shttll pr6 vide iftitittl trttining f6r th6se empl~ ees 6n thefull6vvingmtttters

(A) The identifiettti6n 6f ehild ttbttse ttnd negleet(D) Aeti vities thttt e6ftstitttte inltppr6prittte ttftd illegttl e6ntttet

betiveen tt 6tlth ltftd ltft ttthietie e6tteh Mhletie ttdmiftistrttt6r 6rttthietie direet6r

(6) The resp6nsibilities 6f tt pers6n identified lIStt mttndfliedrep6rter in this seeti6n ineIttding btl ft6t limited t6 ttll 6f thefull6 vving

(i) T6 ~h6m tt rep6rt is reqtlired t6 be mttde(ii) The inf6rmttti6n thttt is reqttired t6 be ifte1ttdedin tt rep6rt(iii) The time vvithiftvvhieha mandated rep6rter is reqttired t6

file tt rep6rt(2) Initittl training shall be pr6vided b perS6ftSkn6vvledgeltble

ift the identifiettti6n 6fehild aettse ttnd negleet inltppf6prittte ltftdillegal e6ntaet bem eena 6ttth and ltftadttIt ltftdstatttt6ry rep6rtingreqttiremeftts ltftdshttll e6nsist 6ftw6 h6ttrs 6felassr66m 6r 6therinteraetive trainiftg ltftdedttettti6n

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-7- AB 1435

1 (h) Commeneing on fmd aftel Jfmtlftry12014 fmofgfmization2 speeified in sttbdivision (g) shaHpro ide initial training within six3 months of the date that fm individtutl beeomes empleryed as an4 Mhletie eoaeh athletie administrator or athletie direetor ttnless5 the indi idttal reeei ed training Hithin tw0 years prior to the date6 the indi idtlal is empleryed An Mhletie eoaeh athletie7 administrator or athletie direetor Hho has leeeied initial training8 ptlfStlafttto sttbdiision (g) shall eomplete eontifttling training9 thereafter onee eery two years eonsisting of one hottf of

10 elassroom or other interaeti e training fmd edtteation11 SEC 2 No reimbtlrsement is reqtlired by this aet pttfStlafttto12 Seetion 6 ofArtiele )GIlD of the California Constitution for eertain13 eosts that may be inetllTed by a loeal ageney or sehool distriet14 beeatlse ift that regard this aet ereates a nev erime or infraetion15 eliminates a erime or infraetion or ehfmges the penalty fOfa erime16 or inflaetion Hithin the meaning of Seetion 17556 of the17 Goemment Code or ehanges the definition ofa elime Hithin the18 meaning of Seetion 6 of Aniele XIII D of the Califomia19 Constitution20 IIo~eer if the Commission on State Mfmdates determines that21 this aet eontainsother eosts mfmdated by the state reimbttfsement22 to loeal ageneies fmd sehool distliets for those eosts shall be made23 ptlfStlafttto Part 7 (eommeneing Hith Seetion 17500) of Division24 4 of Title 2 of the Goemment Code25 SEC 2 No reimbursement is required by this act pursuant to26 Section 6 of Article XIII B of the California Constitution because27 the only costs that may be incurred by a local agency or school28 district will be incurred because this act creates a new crime or29 infraction eliminates a crime or infraction or changes thepenalty30 for a crime or infraction within the meaning of Section 17556 of31 the Government Code or changes the definition of a crime within32 the meaning of Section 6 of Article XIII B of the California33 Constitution

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95

AB 1904 Assembly Bill Status

MEASURE AUTHOR(S)TOPIC

HOUSE

CURRENT BILL STATUS

AB No 1904Block Butler and

Professions and vocationslicenses

LOCATION

Cookmilitary spouses temporary

TYPE OF BILL

SEN

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyAppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpub11-12billasmab _1901-1950ab _1904_ bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes Noes OOPASS17

An act to add Section 1155 to the Business andProfessions Code relating to professions and vocationsand making an appropriation therefor

-

AB 1588 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1588AUTHOR(S) Atkins (Principal coauthors Cook and Nielsen)

(Coauthors Block Beth Gaines Pan V Manuel PerezWilliams and Yamada)

TOPIC Professions and vocations reservist licensees fees andcontinuing education

HOUSE LOCATION SEN+LAST AMENDED DATE 03052012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS forLAST

LAST

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

TITLE An act to add Section 1143 to the Business andProfessions Code relating to professions and vocations

htlpllwwwleginfocagovpubll-12Ibillasmlab _1551-1600ab _1588 _bill_20120601_statu 652012

middot

AMENDED IN ASSEMBLY MARCH 5 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1588

Introduced by Assembly Member Atkins(Principal coauthors Assembly Members Cook and Nielsen)

(Coauthors Assembly Members Block Beth Gaines PanV Manuel Perez Williams and Yamada)

February 6 2012

An act to add Section 1143 to the Business and Professions Coderelating to professions and vocations

LEGISLATIVE COUNSELS DIGEST

AB 1588 as amended Atkins Professions and vocations reservistlicensees fees and continuing education

Existing law provides for the regulation of various professions andvocations by boards commissions or bureaus within the Departmentof Consumer Affairs and for the licensure or registration of individualsin that regard Existing law authorizes any licensee whose licenseexpired while he or she was on active duty as a member of the CaliforniaNational Guard or the United States Armed Forces to reinstate his orher license without examination or penalty if certain requirements aremet

This bill would require the boards commissions or bureaus describedabove to waive the renewal fees and continuing education requirementsif either is applicable of any licensee or registrant who is a reservistcalled to active duty as a member of the United States Military Reserveor the California National Guard if certain requirements are met

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

98

AB 1588 -2-

Thepeople of the State of Califomi a do enact asfollows

1 SECTION 1 Section 1143 is added to the Business and2 Professions Code to read3 1143 Notwithstanding any other provision oflaw everyboard4 commission or bureau within the department shall waive the5 renewal fees and continuing education requirements if either is6 applicable for any licensee or registrant who is a reservist called7 to active duty as a member of the United States Military Reserve8 or the California National Guard if all of the following9 requirements are met

10 (a) The licensee or registrant was in good standing with the11 board commission or bureau at the time the reservist was called12 to active duty13 (b) The renewal fees or continuing education requirements are14 waived only for the period during which the reservist is on active15 duty service16 (c) The active duty reservist or the active duty reservists spouse17 or registered domestic partner provides written notice satisfactory18 to the board commission or bureau that substantiates the19 reservists active duty service

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98

AB 1896 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1896AUTHOR(S) ChesbroTOPIC Tribal health programs health care practitionersHOUSE LOCATION SEN+LAST AMENDED DATE 03272012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATIONCOMM ACTION DATECOMM ACTIONCOMM VOTE SUMMARY

ASM

05172012Referred to Com on B P amp EDBUSINESS PROFESSIONS AND CONSUMER PROTECTION04102012

Do passAyes 09 Noes OOPASS

TITLE An act to amend the heading of Article 10 (commencingwith Section 710) of Chapter 1 of Division 2 of and toadd Section 719 to the Business and Professions Coderelating to healing arts

httpwwwleginfocagovpubI11-12lbillasmab_1851-1900ab_1896_bill_20120517 _statu 652012

-

AMENDED IN ASSEMBLY MARCH 27 2012

CALIFORNIA LEGISLATURE-20II-12 REGULAR SESSION

ASSEMBLY BILL No 1896

Introduced by Assembly Member Chesbro

February 222012

An act to amend the heading of Article 10 (commencing with Section710) of Chapter 1 of Division 2 of and to add Section 719 to theBusiness and Professions Code relating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1896 as amended Chesbro Tribal health programs health carepractitioners

Under existing federal law licensed health professionals employedby a tribal health program are required to be exempt if licensed in anystate from the licensing requirements of the state in which the tribalhealth program performs specified services A tribal health program isdefined as an Indian tribe or tribal organization that operates any healthprogram service function activity or facility funded in whole or partby the Indian Health Service

Existing law provides for the licensure and regulation of health carepractitioners by various healing arts boards within the Department ofConsumer Affairs

This bill would codify that federal requirement by specifying that aperson who is licensed as a health care practitioner in any other stateand is employed by a tribal health program is exempt from any statelicensing requirement with respect to acts authorized under thepersonslicense where the tribal health program performs specified services

Vote majority Appropriation no Fiscal committee noState-mandated local program no

98

AD 1896 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 The heading of Article 10 (commencing with2 Section 710) of Chapter 1 of Division 2 of the Business and3 Professions Code is amended to read456789

101112131415161718192021

Article 10 Federal Personnel and Tribal Health Programs

SEC 2 Section 719 is added to the Business and ProfessionsCode to read

719 (a) A person who is licensed as a health care practitionerin any other state and is employed by a tribal health program asdefined in Section 1603 of Title 25 of the United States Code shallbe exempt from any licensing requirement described in this divisionwith respect to acts authorized under the persons license wherethe tribal health program performs the services described in thecontract or compact of the tribal health program under the IndianSelf-Determination and Education Assistance Act (25 USC Sec450 et seq)

(b) For purposes of this section health care practitioner meansany person who engages in acts that are the subject of licensureor regulation under this division or Ml) initiative 8et referred to inthis division the law of any other state

o

98

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1904

Introduced by Assembly Members Block Butler and Cook

February 222012

An act to add Section 1155 to the Business and Professions Coderelating to professions and vocations and making an appropriationtherefor

LEGISLATIVE COUNSELS DIGEST

AB 1904 as introduced Block Professions and vocations militaryspouses temporary licenses

Existing law provides for the licensure and regulation of variousprofessions and vocations by boards within the Department of ConsumerAffairs Existing law provides for the issuance of reciprocal licenses incertain fields where the applicant among other requirements has alicense to practice within that field in another jurisdiction as specifiedUnder existing law licensing fees imposed by certain boards withinthe department are deposited in funds that are continuously appropriated

This bill would authorize a board within the department to issue atemporary license to an applicant who among other requirements holdsan equivalent license in another jurisdiction as specified and is marriedto or in a legal union with an active duty member of the Armed Forcesofthe United States who is assigned to a duty station in California underofficial active duty military orders The bill would require a board toexpedite the process for issuing these temporary licenses The bill wouldrequire the applicant to pay any fees required by the board and wouldrequire that those fees be deposited in the fund used by the board toadminister its licensing program To the extent that the bill would

99

AB 1904 -2-

increase the amount of money deposited into a continuously appropriatedfund the bill would make an appropriation

Vote majority Appropriation yes Fiscal committee yesState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 1155 is added to the Business and2 Professions Code to read3 1155 (a) A board within the department may issue a4 temporary license to an applicant who meets all of the following5 requirements6 (l) Submits an application in the manner prescribed by the7 board8 (2) Supplies evidence satisfactory to the board that the applicant9 is married to or in a domestic partnership or other legal union

10 with an active duty member of the Armed Forces of the United11 States who is assigned to a duty station in this state under official12 active duty military orders13 (3) Holds a current license in another state district or territory14 of the United States with the requirements that the board determines15 are substantially equivalent to those established under this code16 for that occupation17 (4) Has not committed an act in anyjurisdiction that would have18 constituted grounds for denial suspension or revocation of the19 license under this code at the time the act was committed20 (5) Has not been disciplined by a licensing entity in another21 jurisdiction and is not the subject of an unresolved complaint22 review procedure or disciplinary proceeding conducted by a23 licensing entity in another jurisdiction24 (6) Pays any fees required by the board Those fees shall be25 deposited in the applicable fund or account used by the board to26 administer its licensing program27 (7) Submits fingerprints and any applicable fingerprinting fee28 in the manner required of an applicant for a regular license29 (b) A board shall expedite the procedure for issuing a temporary30 license pursuant to this section31 (c) A temporary license issued under this section shall be valid32 for 180 days except that the license may at the discretion of the

99

-3- AB 1904

I board be extended for an additional180-day period on application2 of the license holder3 (d) A board may adopt regulations necessary to administer this4 section

o

99

AB 1932 Assembly Bill Status

MEASURE AUTHOR(S)TOPICHOUSE+LAST

CURRENT BILL STATUS

AB No 1932Gorell (Coauthor Cook)

United States armed services healing arts boardsLOCATION SENAMENDED DATE 04172012

TYPE OF BILL

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpubI11-12Ibillasmab_1901-1950ab_1932_bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

An act to add Section 7102 to the Business andProfessions Code relating to healing arts

-

AMENDED IN ASSEMBLY APRIL 172012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1932

Introduced by Assembly Member-Ceek Gorell(Coauthor Assembly Member Cook)

February 222012

An act to add Section 7102 to the Business and Professions Coderelating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1932 as amended euroook Gorell United States armed serviceshealing arts boards

Existing law provides for the licensure and regulation of varioushealing arts professions and vocations by boards within the Departmentof Consumer Affairs Existing law requires the rules and regulations ofthese healing arts boards to provide for methods of evaluating educationtraining and experience obtained in military service if such training isapplicable to the requirements of the particular profession or vocationregulated by the board Under existing law the Department of VeteransAffairs has specified powers and duties relating to various programsserving veterans

This bill would require by January 12014 and annually thereafterevery healing arts board to issue a specified written report to theDepartment of Veterans Affairs and the Legislature as specified thatclearly details the methods of evaluating the education training andexperience obtained in military service and whether that educationtraining and experience is applicable to the boards requirements forlicensure The bill would declare the intent of the Legislature in thisregard

98

AB 1932 -2-

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 710 of the Business and Professions Code2 was enacted in 1969 and because healing arts boards have not3 demonstrated significant compliance with that section it is the4 intent of the Legislature to establish an annual reporting5 requirement to compel these boards to provide information about6 the methods of evaluating education training and experience7 obtained in military service in order to meet the needs of the8 upcoming wave of armed service members returning to civilian9 life

10 SEC 2 Section 7102 is added to the Business and Professions11 Code to read12 7102 (a) By January 12014 and annually thereafter every13 healing arts board described in this division shall issue a written14 report to the Department of Veterans Affairs and to the Legislature15 that clearly details the methods of evaluating the education16 training and experience obtained in military service and whether17 that education training and experience is applicable to the boards18 requirements for licensure This written report shall include but19 not be limited to quantitative information about the number of20 service members who have applied for and have used their military21 education training and experience to fulfill the boards22 requirements for licensure23 (b) (1) The requirement to submit a report to the Legislature24 under subdivision (a) shall be inoperative on January 1 201825 pursuant to Section 102315 of the Government Code26 (2) A report to the Legislature shall be submitted in compliance27 with Section 9795 of the Government Code

o

98

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      • DISCUSSION AND POSSIBLE ACTION REGARDING PENDING LEGISLATION
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10111213141516171819202122232425262728293031323334353637383940

AB783 -4-

(10) Naturopathic doctors(g) Marriage and family therapy corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed clinical social workers(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(h) Licensed clinical social worker corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Licensed marriage and family therapists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(i) Physician assistants corporation(1) Licensed physicians and surgeons(2) Registered nurses(3) Licensed acupuncturists(4) Naturopathic doctorsG) Optometric corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed chiropractors(6) Licensed acupuncturists(7) Naturopathic doctors(k) Chiropractic corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed acupuncturists(9) Naturopathic doctors

98

123456789

101112131415161718192021222324252627282930313233343536373839

-5- AB783

(10) Licensed physical therapists(11) Licensed occupational therapists(l) Acupuncture corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed physician assistants(9) Licensed chiropractors(10) Naturopathic doctors(m) Naturopathic doctor corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed physician assistants(5) Licensed chiropractors(6) Licensed acupuncturists(7) Licensed physical therapists(8) Licensed doctors of podiatric medicine(9) Licensed marriage family and child counselors(10) Licensed clinical social workers(11) Licensed optometrists(n) Dental corporation(1) Licensed physicians and surgeons(2) Dental assistants(3) Registered dental assistants(4) Registered dental assistants in extended functions(5) Registered dental hygienists(6) Registered dental hygienists in extended functions(7) Registered dental hygienists in alternative practiceSEC 3 This aet is Ml ttrgene statttte neeessary for the

immediatepresenation of the ptlblie peaee hettlihor saferyvvithinthe meMling of Miele IV of the Constittttion Mld shaHgo intoimmediate effeet The fftets eonstitttting the neeessiry Me

In order to 8t1thorizelieensed physieal therapists to beshareholders offieers mreetors or professional employees of

98

AD7S3 -6-

1 memeal eorpofatiofts andpodiatrie medieal eorpofatiofts as soOft2 as possible it is fteeessary that this aet tftke dIeet immediately

o

98

AB 800 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 800Huber

Boards and commissions time reporting

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to add Section 1156410 to the Government Coderelating to boards and commissions

httpwwwleginfocagovpubI11-12billasmlab_0751-0800ab _800_ bill_20120201_status 652012

-

AB 958 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 958Bill Berryhill

Regulatory boards limitations periods

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to Art IV Sec 10(e) of theFrom committee Filed with the Chiefto Joint Rule 56BUSINESS PROFESSIONS AND CONSUMER PROTECTION

TITLE An act to add Section 1105 to and to repeal Sections16702 22305 296005 3137 375051 498205499032 5561 5661 76865 988420 and 98898 of theBusiness and Professions Code relating to regulatoryboards

httpwwwleginfocagovpub11-12lbillasmlab_0951-1 OOOab_958 _bill_ 20120202_ status 652012

AB 1003 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 1003Smyth

Professional and vocational licenses

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to professional and vocational licenses

httpwwwleginfocagovpubll-12Ibillasmlab_l00l-l 050ab_1003 _bill_2012020 I_statu 652012

-

AB 1205 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1205AUTHOR(S) Bill BerryhillTOPIC Licensed behavior analysts+LAST AMENDED DATE 04042011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to amend Section 499018 of and to add Chapter52 (commencing with Section 252971) to Division 2 ofthe Business and Professions Code relating to healingarts

httpwwwleginfocagovpub11-12billasmab _120 1-1250ab_1205 _bill_20 120201_statu 652012

AB 1435 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1435AUTHOR(S) Dickinson (Coauthors Alejo Buchanan and Hill) TOPIC Child abuse reporting athletic personnelHOUSE LOCATION SEN+LAST AMENDED DATE OS252012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredState-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS for

LASTLAST

APPROPRIATIONSOS252012

Do pass as amendedAyes 17 Noes OOPASS

TITLE An act to amend Section 111657 of the Penal Coderelating to child abuse reporting

httpwww1eginfocagovpub11-12lbiIVasmab_140 1-1450ab _1435 _bill~0120601_statu 652012

AMENDED IN ASSEMBLY MAY 25 2012

AMENDED IN ASSEMBLY MARCH 21 2012

AMENDED IN ASSEMBLY MARCH 142012

AMENDED IN ASSEMBLY FEBRUARY 29 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1435

Introduced by Assembly Member Dickinson(Coauthors Assembly Members Alejo Buchanan and Hill)

January 4 2012

An act to amend Section 111657 of the Penal Code relating to childabuse reporting

LEGISLATIVE COUNSELS DIGEST

AB 1435 as amended Dickinson Child abuse reporting athleticpersonnel

Existing law the Child Abuse and Neglect Reporting Act requiresa mandated reporter as defined to report whenever he or she in his orher professional capacity or within the scope of his or her employmenthas knowledge of or observed a child whom the mandated reporterknows or reasonably suspects has been the victim of child abuse orneglect Failure to report an incident is a crime punishable byimprisonment in a county jail for a period of up to 6 months a fine ofup to $1000 or by both that imprisonment and fine

This bill would add athletic coaches athletic administrators andathletic directors employed by a public or private organization to thelist of individuals who are mandated reporters The bill otlld reqtlirean ptlblie or pri v ate orgflftizationernplo ing flftathletieeoaen Mhletie

95

~

AB 1435 -2-

ftdministrator or Mhletie direetor to hftve provided initiftl trftining byJflfttlM) I 2014 on speeified mfttters relMing to ehiM a-bttse ftftdnegleetfor those employees On ftftd ftfter lftnuftry 12014 the bill vvottld reeJtlireinitiftl trftining to be pro vided IV ithin 6 months of the dMe ftn indi vidttftlbeeomes employed in thM eftlfteiry The bill vvouM require theseindividuftls to eomplete eontifttling tminmg every 2 yeMs

By imposing the reporting requirements on a new class of personsfor whom failure to report specified conduct is a crime ftftdby imposingne~ trftining reeJtlirements on publie oIgftfiiZMions ineluding loeftlgOvernment entities this bill would impose a state-mandated localprogram

The Cftlifomift Constittltion reqtlires the stMe to reimbtlfse loeftlftgeneies ftnd sehool distriets for eertftin eosts mftftdMed by the stftteStftttltory pItYvisions esffiblish proeedtlfes for mftkffigthftt reimbtlfsement

This bill hould pro vide thM 4vith regMd to eertftin mftftdfttes noIeimbtlfsement is reeJtlired by this ftet for ft speeified reftson

Vith regftM to ftny other mftndMeS this bill vv0tlM pro vide thM if theCommission on StMe ~bndtltes determines thM the bill eontftins eostsso mftndftted by the stftte reimbttIsement for those eosts shftll be mftdeptlfStlftnt to the stftttltory pro visions noted ttbo ve

The California Constitution requires the state to reimburse localagencies and school districts for certain costs mandated by the stateStatutory provisions establish procedures for making thatreimbursement

This bill would provide that no reimbursement is required by this actfor a specified reason

Vote majority Appropriation no Fiscal committee yesState-mandated local program yes

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 111657 of the Penal Code is amended2 to read3 111657 (a) As used in this article mandated reporter is4 defined as any of the following5 (1) A teacher6 (2) An instructional aide7 (3) A teachers aide or teachers assistant employed by any8 public or private schooL9 (4) A classified employee of any public schooL

95

T

5

10

15

20

25

30

35

40

-3- AB 1435

1 (5) An administrative officer or supervisor of child welfare and2 attendance or a certificated pupil personnel employee of any public3 or private school4 (6) An administrator of a public or private day camp

(7) An administrator or employee of a public or private youth6 center youth recreation program or youth organization7 (8) An administrator or employee of a public or private8 organization whose duties require direct contact and supervision9 of children

(9) Any employee of a county office of education or the State11 Department of Education whose duties bring the employee into12 contact with children on a regular basis13 (10) A licensee an administrator or an employee of a licensed14 community care or child day care facility

(11) A Head Start program teacher16 (12) A licensing worker or licensing evaluator employed by a17 licensing agency as defined in Section 111651118 (13) A public assistance worker19 (14) An employee of a child care institution including but not

limited to foster parents group home personnel and personnel of21 residential care facilities22 (15) A social worker probation officer or parole officer23 (16) An employee of a school district police or security24 department

(17) Any person who is an administrator or presenter of or a26 counselor in a child abuse prevention program in any public or27 private school28 (18) A district attorney investigator inspector or local child29 support agency caseworker unless the investigator inspector or

caseworker is working with an attorney appointed pursuant to31 Section 317 of the Welfare and Institutions Code to represent a32 mmor33 (19) A peace officer as defined in Chapter 45 (commencing34 with Section 830) of Title 3 of Part 2 who is not otherwise

described in this section36 (20) A firefighter except for volunteer firefighters37 (21) A physician and surgeon psychiatrist psychologist dentist38 resident intern podiatrist chiropractor licensed nurse dental39 hygienist optometrist marriage and family therapist clinical social

worker professional clinical counselor or any other person who

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101112131415161718192021222324252627282930313233343536373839

AB 1435 -4-

is currently licensed under Division 2 (commencing with Section500) of the Business and Professions Code

(22) Any emergency medical technician I or II paramedic orother person certified pursuant to Division 25 (commencing withSection 1797) of the Health and Safety Code

(23) A psychological assistant registered pursuant to Section2913 of the Business and Professions Code

(24) A marriage and family therapist trainee as defined insubdivision (c) of Section 498003 of the Business and ProfessionsCode

(25) An unlicensed marriage and family therapist internregistered under Section 498044 of the Business and ProfessionsCode

(26) A state or county public health employee who treats a minorfor venereal disease or any other condition

(27) A coroner(28) A medical examiner or any other person who performs

autopsies(29) A commercial film and photographic print processor as

specified in subdivision (e) of Section 11166 As used in thisarticle commercial film and photographic print processor meansany person who develops exposed photographic film into negativesslides or prints or who makes prints from negatives or slides forcompensation The term includes any employee of such a personit does not include a person who develops film or makes prints fora public agency

(30) A child visitation monitor As used in this article childvisitation monitor means any person who for financialcompensation acts as monitor of a visit between a child and anyother person when the monitoring of that visit has been orderedby a court of law

(31) An animal control officer or humane society officer Forthe purposes ofthis article the following terms have the followingmeanings

(A) Animal control officer means any person employed by acity county or city and county for the purpose of enforcing animalcontrol laws or regulations

(B) Humane society officer means any person appointed oremployed by a public or private entity as a humane officer who is

95

123456789

10111213141516171819202122232425262728293031323334353637383940

-5- AB 1435

qualified pursuant to Section 14502 or 14503 of the CorporationsCode

(32) A clergy member as specified in subdivision (d) of Section11166 As used in this article clergy member means a priestminister rabbi religious practitioner or similar functionary of achurch temple or recognized denomination or organization

(33) Any custodian of records of a clergy member as specifiedin this section and subdivision (d) of Section 11166

(34) Any employee of any police department county sheriffsdepartment county probation department or county welfaredepartment

(35) An employee or volunteer of a Court Appointed SpecialAdvocate program as defined in Rule 1424 ofthe California Rulesof Court

(36) A custodial officer as defined in Section 8315(37) Any person providing services to a minor child under

Section 12300 or 123001 of the Welfare and Institutions Code(38) An alcohol and drug counselor As used in this article an

alcohol and drug counselor is a person providing counselingtherapy or other clinical services for a state licensed or certifieddrug alcohol or drug and alcohol treatment program Howeveralcohol or drug abuse or both alcohol and drug abuse is not inand of itself a sufficient basis for reporting child abuse or neglect

(39) A clinical counselor trainee as defined in subdivision (g)of Section 499912 of the Business and Professions Code

(40) A clinical counselor intern registered under Section 499942of the Business and Professions Code

(41) An athletic coach athletic administrator or athletic directoremployed by a public or private organization including but notlimited to schools and instittttions of higher e6ueation thatprovidekindergarten or any of grades 1 to 12 inclusive

(b) Except as provided in paragraph (35) of subdivision (a)volunteers of public or private organizations whose duties requiredirect contact with and supervision of children are not mandatedreporters but are encouraged to obtain training in the identificationand reporting of child abuse and neglect and are further encouragedto report known or suspected instances of child abuse or neglectto an agency specified in Section 111659

(c) Employers are strongly encouraged to provide theiremployees who are mandated reporters with training in the duties

95

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101112131415161718192021222324252627282930313233343536373839

AB 1435 -6-

imposed by this article This training shall include training in childabuse and neglect identification and training in child abuse andneglect reporting Whether or not employers provide theiremployees with training in child abuse and neglect identificationand reporting the employers shall provide their employees whoare mandated reporters with the statement required pursuant tosubdivision (a) of Section 111665

(d) School districts that do not train their employees specifiedin subdivision (a) in the duties of mandated reporters under thechild abuse reporting laws shall report to the State Department ofEducation the reasons why this training is not provided

(e) Unless otherwise specifically provided the absence oftraining shall not excuse a mandated reporter from the dutiesimposed by this article

(f) Public and private organizations are encouraged to providetheir volunteers whose duties require direct contact with andsupervision of children with training in the identification andreporting of child abuse and neglect

(g) (1) On 6r befure Jttmtary 1 2014 ttll) pttblie 6r privflie6rganizttti6ftemp16ing ttft Mhletie e6tteh Mhletie ttdmimstrltt6r6r Mhletie direet6r ttSspeeified ift pMttgrttph (41) 6f sttbdivisi6ft(tt) shttll pr6 vide iftitittl trttining f6r th6se empl~ ees 6n thefull6vvingmtttters

(A) The identifiettti6n 6f ehild ttbttse ttnd negleet(D) Aeti vities thttt e6ftstitttte inltppr6prittte ttftd illegttl e6ntttet

betiveen tt 6tlth ltftd ltft ttthietie e6tteh Mhletie ttdmiftistrttt6r 6rttthietie direet6r

(6) The resp6nsibilities 6f tt pers6n identified lIStt mttndfliedrep6rter in this seeti6n ineIttding btl ft6t limited t6 ttll 6f thefull6 vving

(i) T6 ~h6m tt rep6rt is reqtlired t6 be mttde(ii) The inf6rmttti6n thttt is reqttired t6 be ifte1ttdedin tt rep6rt(iii) The time vvithiftvvhieha mandated rep6rter is reqttired t6

file tt rep6rt(2) Initittl training shall be pr6vided b perS6ftSkn6vvledgeltble

ift the identifiettti6n 6fehild aettse ttnd negleet inltppf6prittte ltftdillegal e6ntaet bem eena 6ttth and ltftadttIt ltftdstatttt6ry rep6rtingreqttiremeftts ltftdshttll e6nsist 6ftw6 h6ttrs 6felassr66m 6r 6therinteraetive trainiftg ltftdedttettti6n

95

-7- AB 1435

1 (h) Commeneing on fmd aftel Jfmtlftry12014 fmofgfmization2 speeified in sttbdivision (g) shaHpro ide initial training within six3 months of the date that fm individtutl beeomes empleryed as an4 Mhletie eoaeh athletie administrator or athletie direetor ttnless5 the indi idttal reeei ed training Hithin tw0 years prior to the date6 the indi idtlal is empleryed An Mhletie eoaeh athletie7 administrator or athletie direetor Hho has leeeied initial training8 ptlfStlafttto sttbdiision (g) shall eomplete eontifttling training9 thereafter onee eery two years eonsisting of one hottf of

10 elassroom or other interaeti e training fmd edtteation11 SEC 2 No reimbtlrsement is reqtlired by this aet pttfStlafttto12 Seetion 6 ofArtiele )GIlD of the California Constitution for eertain13 eosts that may be inetllTed by a loeal ageney or sehool distriet14 beeatlse ift that regard this aet ereates a nev erime or infraetion15 eliminates a erime or infraetion or ehfmges the penalty fOfa erime16 or inflaetion Hithin the meaning of Seetion 17556 of the17 Goemment Code or ehanges the definition ofa elime Hithin the18 meaning of Seetion 6 of Aniele XIII D of the Califomia19 Constitution20 IIo~eer if the Commission on State Mfmdates determines that21 this aet eontainsother eosts mfmdated by the state reimbttfsement22 to loeal ageneies fmd sehool distliets for those eosts shall be made23 ptlfStlafttto Part 7 (eommeneing Hith Seetion 17500) of Division24 4 of Title 2 of the Goemment Code25 SEC 2 No reimbursement is required by this act pursuant to26 Section 6 of Article XIII B of the California Constitution because27 the only costs that may be incurred by a local agency or school28 district will be incurred because this act creates a new crime or29 infraction eliminates a crime or infraction or changes thepenalty30 for a crime or infraction within the meaning of Section 17556 of31 the Government Code or changes the definition of a crime within32 the meaning of Section 6 of Article XIII B of the California33 Constitution

o

95

AB 1904 Assembly Bill Status

MEASURE AUTHOR(S)TOPIC

HOUSE

CURRENT BILL STATUS

AB No 1904Block Butler and

Professions and vocationslicenses

LOCATION

Cookmilitary spouses temporary

TYPE OF BILL

SEN

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyAppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpub11-12billasmab _1901-1950ab _1904_ bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes Noes OOPASS17

An act to add Section 1155 to the Business andProfessions Code relating to professions and vocationsand making an appropriation therefor

-

AB 1588 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1588AUTHOR(S) Atkins (Principal coauthors Cook and Nielsen)

(Coauthors Block Beth Gaines Pan V Manuel PerezWilliams and Yamada)

TOPIC Professions and vocations reservist licensees fees andcontinuing education

HOUSE LOCATION SEN+LAST AMENDED DATE 03052012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS forLAST

LAST

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

TITLE An act to add Section 1143 to the Business andProfessions Code relating to professions and vocations

htlpllwwwleginfocagovpubll-12Ibillasmlab _1551-1600ab _1588 _bill_20120601_statu 652012

middot

AMENDED IN ASSEMBLY MARCH 5 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1588

Introduced by Assembly Member Atkins(Principal coauthors Assembly Members Cook and Nielsen)

(Coauthors Assembly Members Block Beth Gaines PanV Manuel Perez Williams and Yamada)

February 6 2012

An act to add Section 1143 to the Business and Professions Coderelating to professions and vocations

LEGISLATIVE COUNSELS DIGEST

AB 1588 as amended Atkins Professions and vocations reservistlicensees fees and continuing education

Existing law provides for the regulation of various professions andvocations by boards commissions or bureaus within the Departmentof Consumer Affairs and for the licensure or registration of individualsin that regard Existing law authorizes any licensee whose licenseexpired while he or she was on active duty as a member of the CaliforniaNational Guard or the United States Armed Forces to reinstate his orher license without examination or penalty if certain requirements aremet

This bill would require the boards commissions or bureaus describedabove to waive the renewal fees and continuing education requirementsif either is applicable of any licensee or registrant who is a reservistcalled to active duty as a member of the United States Military Reserveor the California National Guard if certain requirements are met

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

98

AB 1588 -2-

Thepeople of the State of Califomi a do enact asfollows

1 SECTION 1 Section 1143 is added to the Business and2 Professions Code to read3 1143 Notwithstanding any other provision oflaw everyboard4 commission or bureau within the department shall waive the5 renewal fees and continuing education requirements if either is6 applicable for any licensee or registrant who is a reservist called7 to active duty as a member of the United States Military Reserve8 or the California National Guard if all of the following9 requirements are met

10 (a) The licensee or registrant was in good standing with the11 board commission or bureau at the time the reservist was called12 to active duty13 (b) The renewal fees or continuing education requirements are14 waived only for the period during which the reservist is on active15 duty service16 (c) The active duty reservist or the active duty reservists spouse17 or registered domestic partner provides written notice satisfactory18 to the board commission or bureau that substantiates the19 reservists active duty service

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98

AB 1896 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1896AUTHOR(S) ChesbroTOPIC Tribal health programs health care practitionersHOUSE LOCATION SEN+LAST AMENDED DATE 03272012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATIONCOMM ACTION DATECOMM ACTIONCOMM VOTE SUMMARY

ASM

05172012Referred to Com on B P amp EDBUSINESS PROFESSIONS AND CONSUMER PROTECTION04102012

Do passAyes 09 Noes OOPASS

TITLE An act to amend the heading of Article 10 (commencingwith Section 710) of Chapter 1 of Division 2 of and toadd Section 719 to the Business and Professions Coderelating to healing arts

httpwwwleginfocagovpubI11-12lbillasmab_1851-1900ab_1896_bill_20120517 _statu 652012

-

AMENDED IN ASSEMBLY MARCH 27 2012

CALIFORNIA LEGISLATURE-20II-12 REGULAR SESSION

ASSEMBLY BILL No 1896

Introduced by Assembly Member Chesbro

February 222012

An act to amend the heading of Article 10 (commencing with Section710) of Chapter 1 of Division 2 of and to add Section 719 to theBusiness and Professions Code relating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1896 as amended Chesbro Tribal health programs health carepractitioners

Under existing federal law licensed health professionals employedby a tribal health program are required to be exempt if licensed in anystate from the licensing requirements of the state in which the tribalhealth program performs specified services A tribal health program isdefined as an Indian tribe or tribal organization that operates any healthprogram service function activity or facility funded in whole or partby the Indian Health Service

Existing law provides for the licensure and regulation of health carepractitioners by various healing arts boards within the Department ofConsumer Affairs

This bill would codify that federal requirement by specifying that aperson who is licensed as a health care practitioner in any other stateand is employed by a tribal health program is exempt from any statelicensing requirement with respect to acts authorized under thepersonslicense where the tribal health program performs specified services

Vote majority Appropriation no Fiscal committee noState-mandated local program no

98

AD 1896 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 The heading of Article 10 (commencing with2 Section 710) of Chapter 1 of Division 2 of the Business and3 Professions Code is amended to read456789

101112131415161718192021

Article 10 Federal Personnel and Tribal Health Programs

SEC 2 Section 719 is added to the Business and ProfessionsCode to read

719 (a) A person who is licensed as a health care practitionerin any other state and is employed by a tribal health program asdefined in Section 1603 of Title 25 of the United States Code shallbe exempt from any licensing requirement described in this divisionwith respect to acts authorized under the persons license wherethe tribal health program performs the services described in thecontract or compact of the tribal health program under the IndianSelf-Determination and Education Assistance Act (25 USC Sec450 et seq)

(b) For purposes of this section health care practitioner meansany person who engages in acts that are the subject of licensureor regulation under this division or Ml) initiative 8et referred to inthis division the law of any other state

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98

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1904

Introduced by Assembly Members Block Butler and Cook

February 222012

An act to add Section 1155 to the Business and Professions Coderelating to professions and vocations and making an appropriationtherefor

LEGISLATIVE COUNSELS DIGEST

AB 1904 as introduced Block Professions and vocations militaryspouses temporary licenses

Existing law provides for the licensure and regulation of variousprofessions and vocations by boards within the Department of ConsumerAffairs Existing law provides for the issuance of reciprocal licenses incertain fields where the applicant among other requirements has alicense to practice within that field in another jurisdiction as specifiedUnder existing law licensing fees imposed by certain boards withinthe department are deposited in funds that are continuously appropriated

This bill would authorize a board within the department to issue atemporary license to an applicant who among other requirements holdsan equivalent license in another jurisdiction as specified and is marriedto or in a legal union with an active duty member of the Armed Forcesofthe United States who is assigned to a duty station in California underofficial active duty military orders The bill would require a board toexpedite the process for issuing these temporary licenses The bill wouldrequire the applicant to pay any fees required by the board and wouldrequire that those fees be deposited in the fund used by the board toadminister its licensing program To the extent that the bill would

99

AB 1904 -2-

increase the amount of money deposited into a continuously appropriatedfund the bill would make an appropriation

Vote majority Appropriation yes Fiscal committee yesState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 1155 is added to the Business and2 Professions Code to read3 1155 (a) A board within the department may issue a4 temporary license to an applicant who meets all of the following5 requirements6 (l) Submits an application in the manner prescribed by the7 board8 (2) Supplies evidence satisfactory to the board that the applicant9 is married to or in a domestic partnership or other legal union

10 with an active duty member of the Armed Forces of the United11 States who is assigned to a duty station in this state under official12 active duty military orders13 (3) Holds a current license in another state district or territory14 of the United States with the requirements that the board determines15 are substantially equivalent to those established under this code16 for that occupation17 (4) Has not committed an act in anyjurisdiction that would have18 constituted grounds for denial suspension or revocation of the19 license under this code at the time the act was committed20 (5) Has not been disciplined by a licensing entity in another21 jurisdiction and is not the subject of an unresolved complaint22 review procedure or disciplinary proceeding conducted by a23 licensing entity in another jurisdiction24 (6) Pays any fees required by the board Those fees shall be25 deposited in the applicable fund or account used by the board to26 administer its licensing program27 (7) Submits fingerprints and any applicable fingerprinting fee28 in the manner required of an applicant for a regular license29 (b) A board shall expedite the procedure for issuing a temporary30 license pursuant to this section31 (c) A temporary license issued under this section shall be valid32 for 180 days except that the license may at the discretion of the

99

-3- AB 1904

I board be extended for an additional180-day period on application2 of the license holder3 (d) A board may adopt regulations necessary to administer this4 section

o

99

AB 1932 Assembly Bill Status

MEASURE AUTHOR(S)TOPICHOUSE+LAST

CURRENT BILL STATUS

AB No 1932Gorell (Coauthor Cook)

United States armed services healing arts boardsLOCATION SENAMENDED DATE 04172012

TYPE OF BILL

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpubI11-12Ibillasmab_1901-1950ab_1932_bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

An act to add Section 7102 to the Business andProfessions Code relating to healing arts

-

AMENDED IN ASSEMBLY APRIL 172012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1932

Introduced by Assembly Member-Ceek Gorell(Coauthor Assembly Member Cook)

February 222012

An act to add Section 7102 to the Business and Professions Coderelating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1932 as amended euroook Gorell United States armed serviceshealing arts boards

Existing law provides for the licensure and regulation of varioushealing arts professions and vocations by boards within the Departmentof Consumer Affairs Existing law requires the rules and regulations ofthese healing arts boards to provide for methods of evaluating educationtraining and experience obtained in military service if such training isapplicable to the requirements of the particular profession or vocationregulated by the board Under existing law the Department of VeteransAffairs has specified powers and duties relating to various programsserving veterans

This bill would require by January 12014 and annually thereafterevery healing arts board to issue a specified written report to theDepartment of Veterans Affairs and the Legislature as specified thatclearly details the methods of evaluating the education training andexperience obtained in military service and whether that educationtraining and experience is applicable to the boards requirements forlicensure The bill would declare the intent of the Legislature in thisregard

98

AB 1932 -2-

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 710 of the Business and Professions Code2 was enacted in 1969 and because healing arts boards have not3 demonstrated significant compliance with that section it is the4 intent of the Legislature to establish an annual reporting5 requirement to compel these boards to provide information about6 the methods of evaluating education training and experience7 obtained in military service in order to meet the needs of the8 upcoming wave of armed service members returning to civilian9 life

10 SEC 2 Section 7102 is added to the Business and Professions11 Code to read12 7102 (a) By January 12014 and annually thereafter every13 healing arts board described in this division shall issue a written14 report to the Department of Veterans Affairs and to the Legislature15 that clearly details the methods of evaluating the education16 training and experience obtained in military service and whether17 that education training and experience is applicable to the boards18 requirements for licensure This written report shall include but19 not be limited to quantitative information about the number of20 service members who have applied for and have used their military21 education training and experience to fulfill the boards22 requirements for licensure23 (b) (1) The requirement to submit a report to the Legislature24 under subdivision (a) shall be inoperative on January 1 201825 pursuant to Section 102315 of the Government Code26 (2) A report to the Legislature shall be submitted in compliance27 with Section 9795 of the Government Code

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      • DISCUSSION AND POSSIBLE ACTION REGARDING PENDING LEGISLATION
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-5- AB783

(10) Licensed physical therapists(11) Licensed occupational therapists(l) Acupuncture corporation(1) Licensed physicians and surgeons(2) Licensed doctors of podiatric medicine(3) Licensed psychologists(4) Registered nurses(5) Licensed optometrists(6) Licensed marriage and family therapists(7) Licensed clinical social workers(8) Licensed physician assistants(9) Licensed chiropractors(10) Naturopathic doctors(m) Naturopathic doctor corporation(1) Licensed physicians and surgeons(2) Licensed psychologists(3) Registered nurses(4) Licensed physician assistants(5) Licensed chiropractors(6) Licensed acupuncturists(7) Licensed physical therapists(8) Licensed doctors of podiatric medicine(9) Licensed marriage family and child counselors(10) Licensed clinical social workers(11) Licensed optometrists(n) Dental corporation(1) Licensed physicians and surgeons(2) Dental assistants(3) Registered dental assistants(4) Registered dental assistants in extended functions(5) Registered dental hygienists(6) Registered dental hygienists in extended functions(7) Registered dental hygienists in alternative practiceSEC 3 This aet is Ml ttrgene statttte neeessary for the

immediatepresenation of the ptlblie peaee hettlihor saferyvvithinthe meMling of Miele IV of the Constittttion Mld shaHgo intoimmediate effeet The fftets eonstitttting the neeessiry Me

In order to 8t1thorizelieensed physieal therapists to beshareholders offieers mreetors or professional employees of

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1 memeal eorpofatiofts andpodiatrie medieal eorpofatiofts as soOft2 as possible it is fteeessary that this aet tftke dIeet immediately

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AB 800 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 800Huber

Boards and commissions time reporting

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to add Section 1156410 to the Government Coderelating to boards and commissions

httpwwwleginfocagovpubI11-12billasmlab_0751-0800ab _800_ bill_20120201_status 652012

-

AB 958 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 958Bill Berryhill

Regulatory boards limitations periods

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to Art IV Sec 10(e) of theFrom committee Filed with the Chiefto Joint Rule 56BUSINESS PROFESSIONS AND CONSUMER PROTECTION

TITLE An act to add Section 1105 to and to repeal Sections16702 22305 296005 3137 375051 498205499032 5561 5661 76865 988420 and 98898 of theBusiness and Professions Code relating to regulatoryboards

httpwwwleginfocagovpub11-12lbillasmlab_0951-1 OOOab_958 _bill_ 20120202_ status 652012

AB 1003 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 1003Smyth

Professional and vocational licenses

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to professional and vocational licenses

httpwwwleginfocagovpubll-12Ibillasmlab_l00l-l 050ab_1003 _bill_2012020 I_statu 652012

-

AB 1205 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1205AUTHOR(S) Bill BerryhillTOPIC Licensed behavior analysts+LAST AMENDED DATE 04042011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to amend Section 499018 of and to add Chapter52 (commencing with Section 252971) to Division 2 ofthe Business and Professions Code relating to healingarts

httpwwwleginfocagovpub11-12billasmab _120 1-1250ab_1205 _bill_20 120201_statu 652012

AB 1435 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1435AUTHOR(S) Dickinson (Coauthors Alejo Buchanan and Hill) TOPIC Child abuse reporting athletic personnelHOUSE LOCATION SEN+LAST AMENDED DATE OS252012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredState-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS for

LASTLAST

APPROPRIATIONSOS252012

Do pass as amendedAyes 17 Noes OOPASS

TITLE An act to amend Section 111657 of the Penal Coderelating to child abuse reporting

httpwww1eginfocagovpub11-12lbiIVasmab_140 1-1450ab _1435 _bill~0120601_statu 652012

AMENDED IN ASSEMBLY MAY 25 2012

AMENDED IN ASSEMBLY MARCH 21 2012

AMENDED IN ASSEMBLY MARCH 142012

AMENDED IN ASSEMBLY FEBRUARY 29 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1435

Introduced by Assembly Member Dickinson(Coauthors Assembly Members Alejo Buchanan and Hill)

January 4 2012

An act to amend Section 111657 of the Penal Code relating to childabuse reporting

LEGISLATIVE COUNSELS DIGEST

AB 1435 as amended Dickinson Child abuse reporting athleticpersonnel

Existing law the Child Abuse and Neglect Reporting Act requiresa mandated reporter as defined to report whenever he or she in his orher professional capacity or within the scope of his or her employmenthas knowledge of or observed a child whom the mandated reporterknows or reasonably suspects has been the victim of child abuse orneglect Failure to report an incident is a crime punishable byimprisonment in a county jail for a period of up to 6 months a fine ofup to $1000 or by both that imprisonment and fine

This bill would add athletic coaches athletic administrators andathletic directors employed by a public or private organization to thelist of individuals who are mandated reporters The bill otlld reqtlirean ptlblie or pri v ate orgflftizationernplo ing flftathletieeoaen Mhletie

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ftdministrator or Mhletie direetor to hftve provided initiftl trftining byJflfttlM) I 2014 on speeified mfttters relMing to ehiM a-bttse ftftdnegleetfor those employees On ftftd ftfter lftnuftry 12014 the bill vvottld reeJtlireinitiftl trftining to be pro vided IV ithin 6 months of the dMe ftn indi vidttftlbeeomes employed in thM eftlfteiry The bill vvouM require theseindividuftls to eomplete eontifttling tminmg every 2 yeMs

By imposing the reporting requirements on a new class of personsfor whom failure to report specified conduct is a crime ftftdby imposingne~ trftining reeJtlirements on publie oIgftfiiZMions ineluding loeftlgOvernment entities this bill would impose a state-mandated localprogram

The Cftlifomift Constittltion reqtlires the stMe to reimbtlfse loeftlftgeneies ftnd sehool distriets for eertftin eosts mftftdMed by the stftteStftttltory pItYvisions esffiblish proeedtlfes for mftkffigthftt reimbtlfsement

This bill hould pro vide thM 4vith regMd to eertftin mftftdfttes noIeimbtlfsement is reeJtlired by this ftet for ft speeified reftson

Vith regftM to ftny other mftndMeS this bill vv0tlM pro vide thM if theCommission on StMe ~bndtltes determines thM the bill eontftins eostsso mftndftted by the stftte reimbttIsement for those eosts shftll be mftdeptlfStlftnt to the stftttltory pro visions noted ttbo ve

The California Constitution requires the state to reimburse localagencies and school districts for certain costs mandated by the stateStatutory provisions establish procedures for making thatreimbursement

This bill would provide that no reimbursement is required by this actfor a specified reason

Vote majority Appropriation no Fiscal committee yesState-mandated local program yes

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 111657 of the Penal Code is amended2 to read3 111657 (a) As used in this article mandated reporter is4 defined as any of the following5 (1) A teacher6 (2) An instructional aide7 (3) A teachers aide or teachers assistant employed by any8 public or private schooL9 (4) A classified employee of any public schooL

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5

10

15

20

25

30

35

40

-3- AB 1435

1 (5) An administrative officer or supervisor of child welfare and2 attendance or a certificated pupil personnel employee of any public3 or private school4 (6) An administrator of a public or private day camp

(7) An administrator or employee of a public or private youth6 center youth recreation program or youth organization7 (8) An administrator or employee of a public or private8 organization whose duties require direct contact and supervision9 of children

(9) Any employee of a county office of education or the State11 Department of Education whose duties bring the employee into12 contact with children on a regular basis13 (10) A licensee an administrator or an employee of a licensed14 community care or child day care facility

(11) A Head Start program teacher16 (12) A licensing worker or licensing evaluator employed by a17 licensing agency as defined in Section 111651118 (13) A public assistance worker19 (14) An employee of a child care institution including but not

limited to foster parents group home personnel and personnel of21 residential care facilities22 (15) A social worker probation officer or parole officer23 (16) An employee of a school district police or security24 department

(17) Any person who is an administrator or presenter of or a26 counselor in a child abuse prevention program in any public or27 private school28 (18) A district attorney investigator inspector or local child29 support agency caseworker unless the investigator inspector or

caseworker is working with an attorney appointed pursuant to31 Section 317 of the Welfare and Institutions Code to represent a32 mmor33 (19) A peace officer as defined in Chapter 45 (commencing34 with Section 830) of Title 3 of Part 2 who is not otherwise

described in this section36 (20) A firefighter except for volunteer firefighters37 (21) A physician and surgeon psychiatrist psychologist dentist38 resident intern podiatrist chiropractor licensed nurse dental39 hygienist optometrist marriage and family therapist clinical social

worker professional clinical counselor or any other person who

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AB 1435 -4-

is currently licensed under Division 2 (commencing with Section500) of the Business and Professions Code

(22) Any emergency medical technician I or II paramedic orother person certified pursuant to Division 25 (commencing withSection 1797) of the Health and Safety Code

(23) A psychological assistant registered pursuant to Section2913 of the Business and Professions Code

(24) A marriage and family therapist trainee as defined insubdivision (c) of Section 498003 of the Business and ProfessionsCode

(25) An unlicensed marriage and family therapist internregistered under Section 498044 of the Business and ProfessionsCode

(26) A state or county public health employee who treats a minorfor venereal disease or any other condition

(27) A coroner(28) A medical examiner or any other person who performs

autopsies(29) A commercial film and photographic print processor as

specified in subdivision (e) of Section 11166 As used in thisarticle commercial film and photographic print processor meansany person who develops exposed photographic film into negativesslides or prints or who makes prints from negatives or slides forcompensation The term includes any employee of such a personit does not include a person who develops film or makes prints fora public agency

(30) A child visitation monitor As used in this article childvisitation monitor means any person who for financialcompensation acts as monitor of a visit between a child and anyother person when the monitoring of that visit has been orderedby a court of law

(31) An animal control officer or humane society officer Forthe purposes ofthis article the following terms have the followingmeanings

(A) Animal control officer means any person employed by acity county or city and county for the purpose of enforcing animalcontrol laws or regulations

(B) Humane society officer means any person appointed oremployed by a public or private entity as a humane officer who is

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-5- AB 1435

qualified pursuant to Section 14502 or 14503 of the CorporationsCode

(32) A clergy member as specified in subdivision (d) of Section11166 As used in this article clergy member means a priestminister rabbi religious practitioner or similar functionary of achurch temple or recognized denomination or organization

(33) Any custodian of records of a clergy member as specifiedin this section and subdivision (d) of Section 11166

(34) Any employee of any police department county sheriffsdepartment county probation department or county welfaredepartment

(35) An employee or volunteer of a Court Appointed SpecialAdvocate program as defined in Rule 1424 ofthe California Rulesof Court

(36) A custodial officer as defined in Section 8315(37) Any person providing services to a minor child under

Section 12300 or 123001 of the Welfare and Institutions Code(38) An alcohol and drug counselor As used in this article an

alcohol and drug counselor is a person providing counselingtherapy or other clinical services for a state licensed or certifieddrug alcohol or drug and alcohol treatment program Howeveralcohol or drug abuse or both alcohol and drug abuse is not inand of itself a sufficient basis for reporting child abuse or neglect

(39) A clinical counselor trainee as defined in subdivision (g)of Section 499912 of the Business and Professions Code

(40) A clinical counselor intern registered under Section 499942of the Business and Professions Code

(41) An athletic coach athletic administrator or athletic directoremployed by a public or private organization including but notlimited to schools and instittttions of higher e6ueation thatprovidekindergarten or any of grades 1 to 12 inclusive

(b) Except as provided in paragraph (35) of subdivision (a)volunteers of public or private organizations whose duties requiredirect contact with and supervision of children are not mandatedreporters but are encouraged to obtain training in the identificationand reporting of child abuse and neglect and are further encouragedto report known or suspected instances of child abuse or neglectto an agency specified in Section 111659

(c) Employers are strongly encouraged to provide theiremployees who are mandated reporters with training in the duties

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AB 1435 -6-

imposed by this article This training shall include training in childabuse and neglect identification and training in child abuse andneglect reporting Whether or not employers provide theiremployees with training in child abuse and neglect identificationand reporting the employers shall provide their employees whoare mandated reporters with the statement required pursuant tosubdivision (a) of Section 111665

(d) School districts that do not train their employees specifiedin subdivision (a) in the duties of mandated reporters under thechild abuse reporting laws shall report to the State Department ofEducation the reasons why this training is not provided

(e) Unless otherwise specifically provided the absence oftraining shall not excuse a mandated reporter from the dutiesimposed by this article

(f) Public and private organizations are encouraged to providetheir volunteers whose duties require direct contact with andsupervision of children with training in the identification andreporting of child abuse and neglect

(g) (1) On 6r befure Jttmtary 1 2014 ttll) pttblie 6r privflie6rganizttti6ftemp16ing ttft Mhletie e6tteh Mhletie ttdmimstrltt6r6r Mhletie direet6r ttSspeeified ift pMttgrttph (41) 6f sttbdivisi6ft(tt) shttll pr6 vide iftitittl trttining f6r th6se empl~ ees 6n thefull6vvingmtttters

(A) The identifiettti6n 6f ehild ttbttse ttnd negleet(D) Aeti vities thttt e6ftstitttte inltppr6prittte ttftd illegttl e6ntttet

betiveen tt 6tlth ltftd ltft ttthietie e6tteh Mhletie ttdmiftistrttt6r 6rttthietie direet6r

(6) The resp6nsibilities 6f tt pers6n identified lIStt mttndfliedrep6rter in this seeti6n ineIttding btl ft6t limited t6 ttll 6f thefull6 vving

(i) T6 ~h6m tt rep6rt is reqtlired t6 be mttde(ii) The inf6rmttti6n thttt is reqttired t6 be ifte1ttdedin tt rep6rt(iii) The time vvithiftvvhieha mandated rep6rter is reqttired t6

file tt rep6rt(2) Initittl training shall be pr6vided b perS6ftSkn6vvledgeltble

ift the identifiettti6n 6fehild aettse ttnd negleet inltppf6prittte ltftdillegal e6ntaet bem eena 6ttth and ltftadttIt ltftdstatttt6ry rep6rtingreqttiremeftts ltftdshttll e6nsist 6ftw6 h6ttrs 6felassr66m 6r 6therinteraetive trainiftg ltftdedttettti6n

95

-7- AB 1435

1 (h) Commeneing on fmd aftel Jfmtlftry12014 fmofgfmization2 speeified in sttbdivision (g) shaHpro ide initial training within six3 months of the date that fm individtutl beeomes empleryed as an4 Mhletie eoaeh athletie administrator or athletie direetor ttnless5 the indi idttal reeei ed training Hithin tw0 years prior to the date6 the indi idtlal is empleryed An Mhletie eoaeh athletie7 administrator or athletie direetor Hho has leeeied initial training8 ptlfStlafttto sttbdiision (g) shall eomplete eontifttling training9 thereafter onee eery two years eonsisting of one hottf of

10 elassroom or other interaeti e training fmd edtteation11 SEC 2 No reimbtlrsement is reqtlired by this aet pttfStlafttto12 Seetion 6 ofArtiele )GIlD of the California Constitution for eertain13 eosts that may be inetllTed by a loeal ageney or sehool distriet14 beeatlse ift that regard this aet ereates a nev erime or infraetion15 eliminates a erime or infraetion or ehfmges the penalty fOfa erime16 or inflaetion Hithin the meaning of Seetion 17556 of the17 Goemment Code or ehanges the definition ofa elime Hithin the18 meaning of Seetion 6 of Aniele XIII D of the Califomia19 Constitution20 IIo~eer if the Commission on State Mfmdates determines that21 this aet eontainsother eosts mfmdated by the state reimbttfsement22 to loeal ageneies fmd sehool distliets for those eosts shall be made23 ptlfStlafttto Part 7 (eommeneing Hith Seetion 17500) of Division24 4 of Title 2 of the Goemment Code25 SEC 2 No reimbursement is required by this act pursuant to26 Section 6 of Article XIII B of the California Constitution because27 the only costs that may be incurred by a local agency or school28 district will be incurred because this act creates a new crime or29 infraction eliminates a crime or infraction or changes thepenalty30 for a crime or infraction within the meaning of Section 17556 of31 the Government Code or changes the definition of a crime within32 the meaning of Section 6 of Article XIII B of the California33 Constitution

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95

AB 1904 Assembly Bill Status

MEASURE AUTHOR(S)TOPIC

HOUSE

CURRENT BILL STATUS

AB No 1904Block Butler and

Professions and vocationslicenses

LOCATION

Cookmilitary spouses temporary

TYPE OF BILL

SEN

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyAppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpub11-12billasmab _1901-1950ab _1904_ bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes Noes OOPASS17

An act to add Section 1155 to the Business andProfessions Code relating to professions and vocationsand making an appropriation therefor

-

AB 1588 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1588AUTHOR(S) Atkins (Principal coauthors Cook and Nielsen)

(Coauthors Block Beth Gaines Pan V Manuel PerezWilliams and Yamada)

TOPIC Professions and vocations reservist licensees fees andcontinuing education

HOUSE LOCATION SEN+LAST AMENDED DATE 03052012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS forLAST

LAST

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

TITLE An act to add Section 1143 to the Business andProfessions Code relating to professions and vocations

htlpllwwwleginfocagovpubll-12Ibillasmlab _1551-1600ab _1588 _bill_20120601_statu 652012

middot

AMENDED IN ASSEMBLY MARCH 5 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1588

Introduced by Assembly Member Atkins(Principal coauthors Assembly Members Cook and Nielsen)

(Coauthors Assembly Members Block Beth Gaines PanV Manuel Perez Williams and Yamada)

February 6 2012

An act to add Section 1143 to the Business and Professions Coderelating to professions and vocations

LEGISLATIVE COUNSELS DIGEST

AB 1588 as amended Atkins Professions and vocations reservistlicensees fees and continuing education

Existing law provides for the regulation of various professions andvocations by boards commissions or bureaus within the Departmentof Consumer Affairs and for the licensure or registration of individualsin that regard Existing law authorizes any licensee whose licenseexpired while he or she was on active duty as a member of the CaliforniaNational Guard or the United States Armed Forces to reinstate his orher license without examination or penalty if certain requirements aremet

This bill would require the boards commissions or bureaus describedabove to waive the renewal fees and continuing education requirementsif either is applicable of any licensee or registrant who is a reservistcalled to active duty as a member of the United States Military Reserveor the California National Guard if certain requirements are met

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

98

AB 1588 -2-

Thepeople of the State of Califomi a do enact asfollows

1 SECTION 1 Section 1143 is added to the Business and2 Professions Code to read3 1143 Notwithstanding any other provision oflaw everyboard4 commission or bureau within the department shall waive the5 renewal fees and continuing education requirements if either is6 applicable for any licensee or registrant who is a reservist called7 to active duty as a member of the United States Military Reserve8 or the California National Guard if all of the following9 requirements are met

10 (a) The licensee or registrant was in good standing with the11 board commission or bureau at the time the reservist was called12 to active duty13 (b) The renewal fees or continuing education requirements are14 waived only for the period during which the reservist is on active15 duty service16 (c) The active duty reservist or the active duty reservists spouse17 or registered domestic partner provides written notice satisfactory18 to the board commission or bureau that substantiates the19 reservists active duty service

o

98

AB 1896 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1896AUTHOR(S) ChesbroTOPIC Tribal health programs health care practitionersHOUSE LOCATION SEN+LAST AMENDED DATE 03272012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATIONCOMM ACTION DATECOMM ACTIONCOMM VOTE SUMMARY

ASM

05172012Referred to Com on B P amp EDBUSINESS PROFESSIONS AND CONSUMER PROTECTION04102012

Do passAyes 09 Noes OOPASS

TITLE An act to amend the heading of Article 10 (commencingwith Section 710) of Chapter 1 of Division 2 of and toadd Section 719 to the Business and Professions Coderelating to healing arts

httpwwwleginfocagovpubI11-12lbillasmab_1851-1900ab_1896_bill_20120517 _statu 652012

-

AMENDED IN ASSEMBLY MARCH 27 2012

CALIFORNIA LEGISLATURE-20II-12 REGULAR SESSION

ASSEMBLY BILL No 1896

Introduced by Assembly Member Chesbro

February 222012

An act to amend the heading of Article 10 (commencing with Section710) of Chapter 1 of Division 2 of and to add Section 719 to theBusiness and Professions Code relating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1896 as amended Chesbro Tribal health programs health carepractitioners

Under existing federal law licensed health professionals employedby a tribal health program are required to be exempt if licensed in anystate from the licensing requirements of the state in which the tribalhealth program performs specified services A tribal health program isdefined as an Indian tribe or tribal organization that operates any healthprogram service function activity or facility funded in whole or partby the Indian Health Service

Existing law provides for the licensure and regulation of health carepractitioners by various healing arts boards within the Department ofConsumer Affairs

This bill would codify that federal requirement by specifying that aperson who is licensed as a health care practitioner in any other stateand is employed by a tribal health program is exempt from any statelicensing requirement with respect to acts authorized under thepersonslicense where the tribal health program performs specified services

Vote majority Appropriation no Fiscal committee noState-mandated local program no

98

AD 1896 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 The heading of Article 10 (commencing with2 Section 710) of Chapter 1 of Division 2 of the Business and3 Professions Code is amended to read456789

101112131415161718192021

Article 10 Federal Personnel and Tribal Health Programs

SEC 2 Section 719 is added to the Business and ProfessionsCode to read

719 (a) A person who is licensed as a health care practitionerin any other state and is employed by a tribal health program asdefined in Section 1603 of Title 25 of the United States Code shallbe exempt from any licensing requirement described in this divisionwith respect to acts authorized under the persons license wherethe tribal health program performs the services described in thecontract or compact of the tribal health program under the IndianSelf-Determination and Education Assistance Act (25 USC Sec450 et seq)

(b) For purposes of this section health care practitioner meansany person who engages in acts that are the subject of licensureor regulation under this division or Ml) initiative 8et referred to inthis division the law of any other state

o

98

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1904

Introduced by Assembly Members Block Butler and Cook

February 222012

An act to add Section 1155 to the Business and Professions Coderelating to professions and vocations and making an appropriationtherefor

LEGISLATIVE COUNSELS DIGEST

AB 1904 as introduced Block Professions and vocations militaryspouses temporary licenses

Existing law provides for the licensure and regulation of variousprofessions and vocations by boards within the Department of ConsumerAffairs Existing law provides for the issuance of reciprocal licenses incertain fields where the applicant among other requirements has alicense to practice within that field in another jurisdiction as specifiedUnder existing law licensing fees imposed by certain boards withinthe department are deposited in funds that are continuously appropriated

This bill would authorize a board within the department to issue atemporary license to an applicant who among other requirements holdsan equivalent license in another jurisdiction as specified and is marriedto or in a legal union with an active duty member of the Armed Forcesofthe United States who is assigned to a duty station in California underofficial active duty military orders The bill would require a board toexpedite the process for issuing these temporary licenses The bill wouldrequire the applicant to pay any fees required by the board and wouldrequire that those fees be deposited in the fund used by the board toadminister its licensing program To the extent that the bill would

99

AB 1904 -2-

increase the amount of money deposited into a continuously appropriatedfund the bill would make an appropriation

Vote majority Appropriation yes Fiscal committee yesState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 1155 is added to the Business and2 Professions Code to read3 1155 (a) A board within the department may issue a4 temporary license to an applicant who meets all of the following5 requirements6 (l) Submits an application in the manner prescribed by the7 board8 (2) Supplies evidence satisfactory to the board that the applicant9 is married to or in a domestic partnership or other legal union

10 with an active duty member of the Armed Forces of the United11 States who is assigned to a duty station in this state under official12 active duty military orders13 (3) Holds a current license in another state district or territory14 of the United States with the requirements that the board determines15 are substantially equivalent to those established under this code16 for that occupation17 (4) Has not committed an act in anyjurisdiction that would have18 constituted grounds for denial suspension or revocation of the19 license under this code at the time the act was committed20 (5) Has not been disciplined by a licensing entity in another21 jurisdiction and is not the subject of an unresolved complaint22 review procedure or disciplinary proceeding conducted by a23 licensing entity in another jurisdiction24 (6) Pays any fees required by the board Those fees shall be25 deposited in the applicable fund or account used by the board to26 administer its licensing program27 (7) Submits fingerprints and any applicable fingerprinting fee28 in the manner required of an applicant for a regular license29 (b) A board shall expedite the procedure for issuing a temporary30 license pursuant to this section31 (c) A temporary license issued under this section shall be valid32 for 180 days except that the license may at the discretion of the

99

-3- AB 1904

I board be extended for an additional180-day period on application2 of the license holder3 (d) A board may adopt regulations necessary to administer this4 section

o

99

AB 1932 Assembly Bill Status

MEASURE AUTHOR(S)TOPICHOUSE+LAST

CURRENT BILL STATUS

AB No 1932Gorell (Coauthor Cook)

United States armed services healing arts boardsLOCATION SENAMENDED DATE 04172012

TYPE OF BILL

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpubI11-12Ibillasmab_1901-1950ab_1932_bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

An act to add Section 7102 to the Business andProfessions Code relating to healing arts

-

AMENDED IN ASSEMBLY APRIL 172012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1932

Introduced by Assembly Member-Ceek Gorell(Coauthor Assembly Member Cook)

February 222012

An act to add Section 7102 to the Business and Professions Coderelating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1932 as amended euroook Gorell United States armed serviceshealing arts boards

Existing law provides for the licensure and regulation of varioushealing arts professions and vocations by boards within the Departmentof Consumer Affairs Existing law requires the rules and regulations ofthese healing arts boards to provide for methods of evaluating educationtraining and experience obtained in military service if such training isapplicable to the requirements of the particular profession or vocationregulated by the board Under existing law the Department of VeteransAffairs has specified powers and duties relating to various programsserving veterans

This bill would require by January 12014 and annually thereafterevery healing arts board to issue a specified written report to theDepartment of Veterans Affairs and the Legislature as specified thatclearly details the methods of evaluating the education training andexperience obtained in military service and whether that educationtraining and experience is applicable to the boards requirements forlicensure The bill would declare the intent of the Legislature in thisregard

98

AB 1932 -2-

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 710 of the Business and Professions Code2 was enacted in 1969 and because healing arts boards have not3 demonstrated significant compliance with that section it is the4 intent of the Legislature to establish an annual reporting5 requirement to compel these boards to provide information about6 the methods of evaluating education training and experience7 obtained in military service in order to meet the needs of the8 upcoming wave of armed service members returning to civilian9 life

10 SEC 2 Section 7102 is added to the Business and Professions11 Code to read12 7102 (a) By January 12014 and annually thereafter every13 healing arts board described in this division shall issue a written14 report to the Department of Veterans Affairs and to the Legislature15 that clearly details the methods of evaluating the education16 training and experience obtained in military service and whether17 that education training and experience is applicable to the boards18 requirements for licensure This written report shall include but19 not be limited to quantitative information about the number of20 service members who have applied for and have used their military21 education training and experience to fulfill the boards22 requirements for licensure23 (b) (1) The requirement to submit a report to the Legislature24 under subdivision (a) shall be inoperative on January 1 201825 pursuant to Section 102315 of the Government Code26 (2) A report to the Legislature shall be submitted in compliance27 with Section 9795 of the Government Code

o

98

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      • AGENDA ITEM 4
      • DISCUSSION AND POSSIBLE ACTION REGARDING PENDING LEGISLATION
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AD7S3 -6-

1 memeal eorpofatiofts andpodiatrie medieal eorpofatiofts as soOft2 as possible it is fteeessary that this aet tftke dIeet immediately

o

98

AB 800 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 800Huber

Boards and commissions time reporting

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to add Section 1156410 to the Government Coderelating to boards and commissions

httpwwwleginfocagovpubI11-12billasmlab_0751-0800ab _800_ bill_20120201_status 652012

-

AB 958 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 958Bill Berryhill

Regulatory boards limitations periods

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to Art IV Sec 10(e) of theFrom committee Filed with the Chiefto Joint Rule 56BUSINESS PROFESSIONS AND CONSUMER PROTECTION

TITLE An act to add Section 1105 to and to repeal Sections16702 22305 296005 3137 375051 498205499032 5561 5661 76865 988420 and 98898 of theBusiness and Professions Code relating to regulatoryboards

httpwwwleginfocagovpub11-12lbillasmlab_0951-1 OOOab_958 _bill_ 20120202_ status 652012

AB 1003 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 1003Smyth

Professional and vocational licenses

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to professional and vocational licenses

httpwwwleginfocagovpubll-12Ibillasmlab_l00l-l 050ab_1003 _bill_2012020 I_statu 652012

-

AB 1205 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1205AUTHOR(S) Bill BerryhillTOPIC Licensed behavior analysts+LAST AMENDED DATE 04042011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to amend Section 499018 of and to add Chapter52 (commencing with Section 252971) to Division 2 ofthe Business and Professions Code relating to healingarts

httpwwwleginfocagovpub11-12billasmab _120 1-1250ab_1205 _bill_20 120201_statu 652012

AB 1435 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1435AUTHOR(S) Dickinson (Coauthors Alejo Buchanan and Hill) TOPIC Child abuse reporting athletic personnelHOUSE LOCATION SEN+LAST AMENDED DATE OS252012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredState-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS for

LASTLAST

APPROPRIATIONSOS252012

Do pass as amendedAyes 17 Noes OOPASS

TITLE An act to amend Section 111657 of the Penal Coderelating to child abuse reporting

httpwww1eginfocagovpub11-12lbiIVasmab_140 1-1450ab _1435 _bill~0120601_statu 652012

AMENDED IN ASSEMBLY MAY 25 2012

AMENDED IN ASSEMBLY MARCH 21 2012

AMENDED IN ASSEMBLY MARCH 142012

AMENDED IN ASSEMBLY FEBRUARY 29 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1435

Introduced by Assembly Member Dickinson(Coauthors Assembly Members Alejo Buchanan and Hill)

January 4 2012

An act to amend Section 111657 of the Penal Code relating to childabuse reporting

LEGISLATIVE COUNSELS DIGEST

AB 1435 as amended Dickinson Child abuse reporting athleticpersonnel

Existing law the Child Abuse and Neglect Reporting Act requiresa mandated reporter as defined to report whenever he or she in his orher professional capacity or within the scope of his or her employmenthas knowledge of or observed a child whom the mandated reporterknows or reasonably suspects has been the victim of child abuse orneglect Failure to report an incident is a crime punishable byimprisonment in a county jail for a period of up to 6 months a fine ofup to $1000 or by both that imprisonment and fine

This bill would add athletic coaches athletic administrators andathletic directors employed by a public or private organization to thelist of individuals who are mandated reporters The bill otlld reqtlirean ptlblie or pri v ate orgflftizationernplo ing flftathletieeoaen Mhletie

95

~

AB 1435 -2-

ftdministrator or Mhletie direetor to hftve provided initiftl trftining byJflfttlM) I 2014 on speeified mfttters relMing to ehiM a-bttse ftftdnegleetfor those employees On ftftd ftfter lftnuftry 12014 the bill vvottld reeJtlireinitiftl trftining to be pro vided IV ithin 6 months of the dMe ftn indi vidttftlbeeomes employed in thM eftlfteiry The bill vvouM require theseindividuftls to eomplete eontifttling tminmg every 2 yeMs

By imposing the reporting requirements on a new class of personsfor whom failure to report specified conduct is a crime ftftdby imposingne~ trftining reeJtlirements on publie oIgftfiiZMions ineluding loeftlgOvernment entities this bill would impose a state-mandated localprogram

The Cftlifomift Constittltion reqtlires the stMe to reimbtlfse loeftlftgeneies ftnd sehool distriets for eertftin eosts mftftdMed by the stftteStftttltory pItYvisions esffiblish proeedtlfes for mftkffigthftt reimbtlfsement

This bill hould pro vide thM 4vith regMd to eertftin mftftdfttes noIeimbtlfsement is reeJtlired by this ftet for ft speeified reftson

Vith regftM to ftny other mftndMeS this bill vv0tlM pro vide thM if theCommission on StMe ~bndtltes determines thM the bill eontftins eostsso mftndftted by the stftte reimbttIsement for those eosts shftll be mftdeptlfStlftnt to the stftttltory pro visions noted ttbo ve

The California Constitution requires the state to reimburse localagencies and school districts for certain costs mandated by the stateStatutory provisions establish procedures for making thatreimbursement

This bill would provide that no reimbursement is required by this actfor a specified reason

Vote majority Appropriation no Fiscal committee yesState-mandated local program yes

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 111657 of the Penal Code is amended2 to read3 111657 (a) As used in this article mandated reporter is4 defined as any of the following5 (1) A teacher6 (2) An instructional aide7 (3) A teachers aide or teachers assistant employed by any8 public or private schooL9 (4) A classified employee of any public schooL

95

T

5

10

15

20

25

30

35

40

-3- AB 1435

1 (5) An administrative officer or supervisor of child welfare and2 attendance or a certificated pupil personnel employee of any public3 or private school4 (6) An administrator of a public or private day camp

(7) An administrator or employee of a public or private youth6 center youth recreation program or youth organization7 (8) An administrator or employee of a public or private8 organization whose duties require direct contact and supervision9 of children

(9) Any employee of a county office of education or the State11 Department of Education whose duties bring the employee into12 contact with children on a regular basis13 (10) A licensee an administrator or an employee of a licensed14 community care or child day care facility

(11) A Head Start program teacher16 (12) A licensing worker or licensing evaluator employed by a17 licensing agency as defined in Section 111651118 (13) A public assistance worker19 (14) An employee of a child care institution including but not

limited to foster parents group home personnel and personnel of21 residential care facilities22 (15) A social worker probation officer or parole officer23 (16) An employee of a school district police or security24 department

(17) Any person who is an administrator or presenter of or a26 counselor in a child abuse prevention program in any public or27 private school28 (18) A district attorney investigator inspector or local child29 support agency caseworker unless the investigator inspector or

caseworker is working with an attorney appointed pursuant to31 Section 317 of the Welfare and Institutions Code to represent a32 mmor33 (19) A peace officer as defined in Chapter 45 (commencing34 with Section 830) of Title 3 of Part 2 who is not otherwise

described in this section36 (20) A firefighter except for volunteer firefighters37 (21) A physician and surgeon psychiatrist psychologist dentist38 resident intern podiatrist chiropractor licensed nurse dental39 hygienist optometrist marriage and family therapist clinical social

worker professional clinical counselor or any other person who

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101112131415161718192021222324252627282930313233343536373839

AB 1435 -4-

is currently licensed under Division 2 (commencing with Section500) of the Business and Professions Code

(22) Any emergency medical technician I or II paramedic orother person certified pursuant to Division 25 (commencing withSection 1797) of the Health and Safety Code

(23) A psychological assistant registered pursuant to Section2913 of the Business and Professions Code

(24) A marriage and family therapist trainee as defined insubdivision (c) of Section 498003 of the Business and ProfessionsCode

(25) An unlicensed marriage and family therapist internregistered under Section 498044 of the Business and ProfessionsCode

(26) A state or county public health employee who treats a minorfor venereal disease or any other condition

(27) A coroner(28) A medical examiner or any other person who performs

autopsies(29) A commercial film and photographic print processor as

specified in subdivision (e) of Section 11166 As used in thisarticle commercial film and photographic print processor meansany person who develops exposed photographic film into negativesslides or prints or who makes prints from negatives or slides forcompensation The term includes any employee of such a personit does not include a person who develops film or makes prints fora public agency

(30) A child visitation monitor As used in this article childvisitation monitor means any person who for financialcompensation acts as monitor of a visit between a child and anyother person when the monitoring of that visit has been orderedby a court of law

(31) An animal control officer or humane society officer Forthe purposes ofthis article the following terms have the followingmeanings

(A) Animal control officer means any person employed by acity county or city and county for the purpose of enforcing animalcontrol laws or regulations

(B) Humane society officer means any person appointed oremployed by a public or private entity as a humane officer who is

95

123456789

10111213141516171819202122232425262728293031323334353637383940

-5- AB 1435

qualified pursuant to Section 14502 or 14503 of the CorporationsCode

(32) A clergy member as specified in subdivision (d) of Section11166 As used in this article clergy member means a priestminister rabbi religious practitioner or similar functionary of achurch temple or recognized denomination or organization

(33) Any custodian of records of a clergy member as specifiedin this section and subdivision (d) of Section 11166

(34) Any employee of any police department county sheriffsdepartment county probation department or county welfaredepartment

(35) An employee or volunteer of a Court Appointed SpecialAdvocate program as defined in Rule 1424 ofthe California Rulesof Court

(36) A custodial officer as defined in Section 8315(37) Any person providing services to a minor child under

Section 12300 or 123001 of the Welfare and Institutions Code(38) An alcohol and drug counselor As used in this article an

alcohol and drug counselor is a person providing counselingtherapy or other clinical services for a state licensed or certifieddrug alcohol or drug and alcohol treatment program Howeveralcohol or drug abuse or both alcohol and drug abuse is not inand of itself a sufficient basis for reporting child abuse or neglect

(39) A clinical counselor trainee as defined in subdivision (g)of Section 499912 of the Business and Professions Code

(40) A clinical counselor intern registered under Section 499942of the Business and Professions Code

(41) An athletic coach athletic administrator or athletic directoremployed by a public or private organization including but notlimited to schools and instittttions of higher e6ueation thatprovidekindergarten or any of grades 1 to 12 inclusive

(b) Except as provided in paragraph (35) of subdivision (a)volunteers of public or private organizations whose duties requiredirect contact with and supervision of children are not mandatedreporters but are encouraged to obtain training in the identificationand reporting of child abuse and neglect and are further encouragedto report known or suspected instances of child abuse or neglectto an agency specified in Section 111659

(c) Employers are strongly encouraged to provide theiremployees who are mandated reporters with training in the duties

95

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101112131415161718192021222324252627282930313233343536373839

AB 1435 -6-

imposed by this article This training shall include training in childabuse and neglect identification and training in child abuse andneglect reporting Whether or not employers provide theiremployees with training in child abuse and neglect identificationand reporting the employers shall provide their employees whoare mandated reporters with the statement required pursuant tosubdivision (a) of Section 111665

(d) School districts that do not train their employees specifiedin subdivision (a) in the duties of mandated reporters under thechild abuse reporting laws shall report to the State Department ofEducation the reasons why this training is not provided

(e) Unless otherwise specifically provided the absence oftraining shall not excuse a mandated reporter from the dutiesimposed by this article

(f) Public and private organizations are encouraged to providetheir volunteers whose duties require direct contact with andsupervision of children with training in the identification andreporting of child abuse and neglect

(g) (1) On 6r befure Jttmtary 1 2014 ttll) pttblie 6r privflie6rganizttti6ftemp16ing ttft Mhletie e6tteh Mhletie ttdmimstrltt6r6r Mhletie direet6r ttSspeeified ift pMttgrttph (41) 6f sttbdivisi6ft(tt) shttll pr6 vide iftitittl trttining f6r th6se empl~ ees 6n thefull6vvingmtttters

(A) The identifiettti6n 6f ehild ttbttse ttnd negleet(D) Aeti vities thttt e6ftstitttte inltppr6prittte ttftd illegttl e6ntttet

betiveen tt 6tlth ltftd ltft ttthietie e6tteh Mhletie ttdmiftistrttt6r 6rttthietie direet6r

(6) The resp6nsibilities 6f tt pers6n identified lIStt mttndfliedrep6rter in this seeti6n ineIttding btl ft6t limited t6 ttll 6f thefull6 vving

(i) T6 ~h6m tt rep6rt is reqtlired t6 be mttde(ii) The inf6rmttti6n thttt is reqttired t6 be ifte1ttdedin tt rep6rt(iii) The time vvithiftvvhieha mandated rep6rter is reqttired t6

file tt rep6rt(2) Initittl training shall be pr6vided b perS6ftSkn6vvledgeltble

ift the identifiettti6n 6fehild aettse ttnd negleet inltppf6prittte ltftdillegal e6ntaet bem eena 6ttth and ltftadttIt ltftdstatttt6ry rep6rtingreqttiremeftts ltftdshttll e6nsist 6ftw6 h6ttrs 6felassr66m 6r 6therinteraetive trainiftg ltftdedttettti6n

95

-7- AB 1435

1 (h) Commeneing on fmd aftel Jfmtlftry12014 fmofgfmization2 speeified in sttbdivision (g) shaHpro ide initial training within six3 months of the date that fm individtutl beeomes empleryed as an4 Mhletie eoaeh athletie administrator or athletie direetor ttnless5 the indi idttal reeei ed training Hithin tw0 years prior to the date6 the indi idtlal is empleryed An Mhletie eoaeh athletie7 administrator or athletie direetor Hho has leeeied initial training8 ptlfStlafttto sttbdiision (g) shall eomplete eontifttling training9 thereafter onee eery two years eonsisting of one hottf of

10 elassroom or other interaeti e training fmd edtteation11 SEC 2 No reimbtlrsement is reqtlired by this aet pttfStlafttto12 Seetion 6 ofArtiele )GIlD of the California Constitution for eertain13 eosts that may be inetllTed by a loeal ageney or sehool distriet14 beeatlse ift that regard this aet ereates a nev erime or infraetion15 eliminates a erime or infraetion or ehfmges the penalty fOfa erime16 or inflaetion Hithin the meaning of Seetion 17556 of the17 Goemment Code or ehanges the definition ofa elime Hithin the18 meaning of Seetion 6 of Aniele XIII D of the Califomia19 Constitution20 IIo~eer if the Commission on State Mfmdates determines that21 this aet eontainsother eosts mfmdated by the state reimbttfsement22 to loeal ageneies fmd sehool distliets for those eosts shall be made23 ptlfStlafttto Part 7 (eommeneing Hith Seetion 17500) of Division24 4 of Title 2 of the Goemment Code25 SEC 2 No reimbursement is required by this act pursuant to26 Section 6 of Article XIII B of the California Constitution because27 the only costs that may be incurred by a local agency or school28 district will be incurred because this act creates a new crime or29 infraction eliminates a crime or infraction or changes thepenalty30 for a crime or infraction within the meaning of Section 17556 of31 the Government Code or changes the definition of a crime within32 the meaning of Section 6 of Article XIII B of the California33 Constitution

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AB 1904 Assembly Bill Status

MEASURE AUTHOR(S)TOPIC

HOUSE

CURRENT BILL STATUS

AB No 1904Block Butler and

Professions and vocationslicenses

LOCATION

Cookmilitary spouses temporary

TYPE OF BILL

SEN

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyAppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpub11-12billasmab _1901-1950ab _1904_ bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes Noes OOPASS17

An act to add Section 1155 to the Business andProfessions Code relating to professions and vocationsand making an appropriation therefor

-

AB 1588 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1588AUTHOR(S) Atkins (Principal coauthors Cook and Nielsen)

(Coauthors Block Beth Gaines Pan V Manuel PerezWilliams and Yamada)

TOPIC Professions and vocations reservist licensees fees andcontinuing education

HOUSE LOCATION SEN+LAST AMENDED DATE 03052012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS forLAST

LAST

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

TITLE An act to add Section 1143 to the Business andProfessions Code relating to professions and vocations

htlpllwwwleginfocagovpubll-12Ibillasmlab _1551-1600ab _1588 _bill_20120601_statu 652012

middot

AMENDED IN ASSEMBLY MARCH 5 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1588

Introduced by Assembly Member Atkins(Principal coauthors Assembly Members Cook and Nielsen)

(Coauthors Assembly Members Block Beth Gaines PanV Manuel Perez Williams and Yamada)

February 6 2012

An act to add Section 1143 to the Business and Professions Coderelating to professions and vocations

LEGISLATIVE COUNSELS DIGEST

AB 1588 as amended Atkins Professions and vocations reservistlicensees fees and continuing education

Existing law provides for the regulation of various professions andvocations by boards commissions or bureaus within the Departmentof Consumer Affairs and for the licensure or registration of individualsin that regard Existing law authorizes any licensee whose licenseexpired while he or she was on active duty as a member of the CaliforniaNational Guard or the United States Armed Forces to reinstate his orher license without examination or penalty if certain requirements aremet

This bill would require the boards commissions or bureaus describedabove to waive the renewal fees and continuing education requirementsif either is applicable of any licensee or registrant who is a reservistcalled to active duty as a member of the United States Military Reserveor the California National Guard if certain requirements are met

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

98

AB 1588 -2-

Thepeople of the State of Califomi a do enact asfollows

1 SECTION 1 Section 1143 is added to the Business and2 Professions Code to read3 1143 Notwithstanding any other provision oflaw everyboard4 commission or bureau within the department shall waive the5 renewal fees and continuing education requirements if either is6 applicable for any licensee or registrant who is a reservist called7 to active duty as a member of the United States Military Reserve8 or the California National Guard if all of the following9 requirements are met

10 (a) The licensee or registrant was in good standing with the11 board commission or bureau at the time the reservist was called12 to active duty13 (b) The renewal fees or continuing education requirements are14 waived only for the period during which the reservist is on active15 duty service16 (c) The active duty reservist or the active duty reservists spouse17 or registered domestic partner provides written notice satisfactory18 to the board commission or bureau that substantiates the19 reservists active duty service

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98

AB 1896 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1896AUTHOR(S) ChesbroTOPIC Tribal health programs health care practitionersHOUSE LOCATION SEN+LAST AMENDED DATE 03272012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATIONCOMM ACTION DATECOMM ACTIONCOMM VOTE SUMMARY

ASM

05172012Referred to Com on B P amp EDBUSINESS PROFESSIONS AND CONSUMER PROTECTION04102012

Do passAyes 09 Noes OOPASS

TITLE An act to amend the heading of Article 10 (commencingwith Section 710) of Chapter 1 of Division 2 of and toadd Section 719 to the Business and Professions Coderelating to healing arts

httpwwwleginfocagovpubI11-12lbillasmab_1851-1900ab_1896_bill_20120517 _statu 652012

-

AMENDED IN ASSEMBLY MARCH 27 2012

CALIFORNIA LEGISLATURE-20II-12 REGULAR SESSION

ASSEMBLY BILL No 1896

Introduced by Assembly Member Chesbro

February 222012

An act to amend the heading of Article 10 (commencing with Section710) of Chapter 1 of Division 2 of and to add Section 719 to theBusiness and Professions Code relating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1896 as amended Chesbro Tribal health programs health carepractitioners

Under existing federal law licensed health professionals employedby a tribal health program are required to be exempt if licensed in anystate from the licensing requirements of the state in which the tribalhealth program performs specified services A tribal health program isdefined as an Indian tribe or tribal organization that operates any healthprogram service function activity or facility funded in whole or partby the Indian Health Service

Existing law provides for the licensure and regulation of health carepractitioners by various healing arts boards within the Department ofConsumer Affairs

This bill would codify that federal requirement by specifying that aperson who is licensed as a health care practitioner in any other stateand is employed by a tribal health program is exempt from any statelicensing requirement with respect to acts authorized under thepersonslicense where the tribal health program performs specified services

Vote majority Appropriation no Fiscal committee noState-mandated local program no

98

AD 1896 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 The heading of Article 10 (commencing with2 Section 710) of Chapter 1 of Division 2 of the Business and3 Professions Code is amended to read456789

101112131415161718192021

Article 10 Federal Personnel and Tribal Health Programs

SEC 2 Section 719 is added to the Business and ProfessionsCode to read

719 (a) A person who is licensed as a health care practitionerin any other state and is employed by a tribal health program asdefined in Section 1603 of Title 25 of the United States Code shallbe exempt from any licensing requirement described in this divisionwith respect to acts authorized under the persons license wherethe tribal health program performs the services described in thecontract or compact of the tribal health program under the IndianSelf-Determination and Education Assistance Act (25 USC Sec450 et seq)

(b) For purposes of this section health care practitioner meansany person who engages in acts that are the subject of licensureor regulation under this division or Ml) initiative 8et referred to inthis division the law of any other state

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98

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1904

Introduced by Assembly Members Block Butler and Cook

February 222012

An act to add Section 1155 to the Business and Professions Coderelating to professions and vocations and making an appropriationtherefor

LEGISLATIVE COUNSELS DIGEST

AB 1904 as introduced Block Professions and vocations militaryspouses temporary licenses

Existing law provides for the licensure and regulation of variousprofessions and vocations by boards within the Department of ConsumerAffairs Existing law provides for the issuance of reciprocal licenses incertain fields where the applicant among other requirements has alicense to practice within that field in another jurisdiction as specifiedUnder existing law licensing fees imposed by certain boards withinthe department are deposited in funds that are continuously appropriated

This bill would authorize a board within the department to issue atemporary license to an applicant who among other requirements holdsan equivalent license in another jurisdiction as specified and is marriedto or in a legal union with an active duty member of the Armed Forcesofthe United States who is assigned to a duty station in California underofficial active duty military orders The bill would require a board toexpedite the process for issuing these temporary licenses The bill wouldrequire the applicant to pay any fees required by the board and wouldrequire that those fees be deposited in the fund used by the board toadminister its licensing program To the extent that the bill would

99

AB 1904 -2-

increase the amount of money deposited into a continuously appropriatedfund the bill would make an appropriation

Vote majority Appropriation yes Fiscal committee yesState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 1155 is added to the Business and2 Professions Code to read3 1155 (a) A board within the department may issue a4 temporary license to an applicant who meets all of the following5 requirements6 (l) Submits an application in the manner prescribed by the7 board8 (2) Supplies evidence satisfactory to the board that the applicant9 is married to or in a domestic partnership or other legal union

10 with an active duty member of the Armed Forces of the United11 States who is assigned to a duty station in this state under official12 active duty military orders13 (3) Holds a current license in another state district or territory14 of the United States with the requirements that the board determines15 are substantially equivalent to those established under this code16 for that occupation17 (4) Has not committed an act in anyjurisdiction that would have18 constituted grounds for denial suspension or revocation of the19 license under this code at the time the act was committed20 (5) Has not been disciplined by a licensing entity in another21 jurisdiction and is not the subject of an unresolved complaint22 review procedure or disciplinary proceeding conducted by a23 licensing entity in another jurisdiction24 (6) Pays any fees required by the board Those fees shall be25 deposited in the applicable fund or account used by the board to26 administer its licensing program27 (7) Submits fingerprints and any applicable fingerprinting fee28 in the manner required of an applicant for a regular license29 (b) A board shall expedite the procedure for issuing a temporary30 license pursuant to this section31 (c) A temporary license issued under this section shall be valid32 for 180 days except that the license may at the discretion of the

99

-3- AB 1904

I board be extended for an additional180-day period on application2 of the license holder3 (d) A board may adopt regulations necessary to administer this4 section

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99

AB 1932 Assembly Bill Status

MEASURE AUTHOR(S)TOPICHOUSE+LAST

CURRENT BILL STATUS

AB No 1932Gorell (Coauthor Cook)

United States armed services healing arts boardsLOCATION SENAMENDED DATE 04172012

TYPE OF BILL

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpubI11-12Ibillasmab_1901-1950ab_1932_bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

An act to add Section 7102 to the Business andProfessions Code relating to healing arts

-

AMENDED IN ASSEMBLY APRIL 172012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1932

Introduced by Assembly Member-Ceek Gorell(Coauthor Assembly Member Cook)

February 222012

An act to add Section 7102 to the Business and Professions Coderelating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1932 as amended euroook Gorell United States armed serviceshealing arts boards

Existing law provides for the licensure and regulation of varioushealing arts professions and vocations by boards within the Departmentof Consumer Affairs Existing law requires the rules and regulations ofthese healing arts boards to provide for methods of evaluating educationtraining and experience obtained in military service if such training isapplicable to the requirements of the particular profession or vocationregulated by the board Under existing law the Department of VeteransAffairs has specified powers and duties relating to various programsserving veterans

This bill would require by January 12014 and annually thereafterevery healing arts board to issue a specified written report to theDepartment of Veterans Affairs and the Legislature as specified thatclearly details the methods of evaluating the education training andexperience obtained in military service and whether that educationtraining and experience is applicable to the boards requirements forlicensure The bill would declare the intent of the Legislature in thisregard

98

AB 1932 -2-

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 710 of the Business and Professions Code2 was enacted in 1969 and because healing arts boards have not3 demonstrated significant compliance with that section it is the4 intent of the Legislature to establish an annual reporting5 requirement to compel these boards to provide information about6 the methods of evaluating education training and experience7 obtained in military service in order to meet the needs of the8 upcoming wave of armed service members returning to civilian9 life

10 SEC 2 Section 7102 is added to the Business and Professions11 Code to read12 7102 (a) By January 12014 and annually thereafter every13 healing arts board described in this division shall issue a written14 report to the Department of Veterans Affairs and to the Legislature15 that clearly details the methods of evaluating the education16 training and experience obtained in military service and whether17 that education training and experience is applicable to the boards18 requirements for licensure This written report shall include but19 not be limited to quantitative information about the number of20 service members who have applied for and have used their military21 education training and experience to fulfill the boards22 requirements for licensure23 (b) (1) The requirement to submit a report to the Legislature24 under subdivision (a) shall be inoperative on January 1 201825 pursuant to Section 102315 of the Government Code26 (2) A report to the Legislature shall be submitted in compliance27 with Section 9795 of the Government Code

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98

  • Page 1
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      • AGENDA ITEM 4
      • DISCUSSION AND POSSIBLE ACTION REGARDING PENDING LEGISLATION
      • ~l
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        • Images
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                  • AB 171 Assembly Bill- Status
                  • Page 1 of 1
                  • httpwww1eginfocagovpub11-12lbillasmab_0 151-0200ab _171_ bill_20120306 _status 652012
                      • Page 3
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                          • ASSEMBLY BILL
                          • No 171
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                                                                                          • AB 386 Assembly Bill - Status
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                                                                                                                          • AB 518 Assembly Bill - Status
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                                                                                                                                                                                          • AB 958 Assembly Bill- Status
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Page 47: DISCUSSION ANDPOSSIBLE ACTION REGARDING PENDING … · 2012-06-14  · Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of2010 (PublicLaw 111-152)

AB 800 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 800Huber

Boards and commissions time reporting

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to add Section 1156410 to the Government Coderelating to boards and commissions

httpwwwleginfocagovpubI11-12billasmlab_0751-0800ab _800_ bill_20120201_status 652012

-

AB 958 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 958Bill Berryhill

Regulatory boards limitations periods

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to Art IV Sec 10(e) of theFrom committee Filed with the Chiefto Joint Rule 56BUSINESS PROFESSIONS AND CONSUMER PROTECTION

TITLE An act to add Section 1105 to and to repeal Sections16702 22305 296005 3137 375051 498205499032 5561 5661 76865 988420 and 98898 of theBusiness and Professions Code relating to regulatoryboards

httpwwwleginfocagovpub11-12lbillasmlab_0951-1 OOOab_958 _bill_ 20120202_ status 652012

AB 1003 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 1003Smyth

Professional and vocational licenses

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to professional and vocational licenses

httpwwwleginfocagovpubll-12Ibillasmlab_l00l-l 050ab_1003 _bill_2012020 I_statu 652012

-

AB 1205 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1205AUTHOR(S) Bill BerryhillTOPIC Licensed behavior analysts+LAST AMENDED DATE 04042011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to amend Section 499018 of and to add Chapter52 (commencing with Section 252971) to Division 2 ofthe Business and Professions Code relating to healingarts

httpwwwleginfocagovpub11-12billasmab _120 1-1250ab_1205 _bill_20 120201_statu 652012

AB 1435 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1435AUTHOR(S) Dickinson (Coauthors Alejo Buchanan and Hill) TOPIC Child abuse reporting athletic personnelHOUSE LOCATION SEN+LAST AMENDED DATE OS252012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredState-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS for

LASTLAST

APPROPRIATIONSOS252012

Do pass as amendedAyes 17 Noes OOPASS

TITLE An act to amend Section 111657 of the Penal Coderelating to child abuse reporting

httpwww1eginfocagovpub11-12lbiIVasmab_140 1-1450ab _1435 _bill~0120601_statu 652012

AMENDED IN ASSEMBLY MAY 25 2012

AMENDED IN ASSEMBLY MARCH 21 2012

AMENDED IN ASSEMBLY MARCH 142012

AMENDED IN ASSEMBLY FEBRUARY 29 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1435

Introduced by Assembly Member Dickinson(Coauthors Assembly Members Alejo Buchanan and Hill)

January 4 2012

An act to amend Section 111657 of the Penal Code relating to childabuse reporting

LEGISLATIVE COUNSELS DIGEST

AB 1435 as amended Dickinson Child abuse reporting athleticpersonnel

Existing law the Child Abuse and Neglect Reporting Act requiresa mandated reporter as defined to report whenever he or she in his orher professional capacity or within the scope of his or her employmenthas knowledge of or observed a child whom the mandated reporterknows or reasonably suspects has been the victim of child abuse orneglect Failure to report an incident is a crime punishable byimprisonment in a county jail for a period of up to 6 months a fine ofup to $1000 or by both that imprisonment and fine

This bill would add athletic coaches athletic administrators andathletic directors employed by a public or private organization to thelist of individuals who are mandated reporters The bill otlld reqtlirean ptlblie or pri v ate orgflftizationernplo ing flftathletieeoaen Mhletie

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~

AB 1435 -2-

ftdministrator or Mhletie direetor to hftve provided initiftl trftining byJflfttlM) I 2014 on speeified mfttters relMing to ehiM a-bttse ftftdnegleetfor those employees On ftftd ftfter lftnuftry 12014 the bill vvottld reeJtlireinitiftl trftining to be pro vided IV ithin 6 months of the dMe ftn indi vidttftlbeeomes employed in thM eftlfteiry The bill vvouM require theseindividuftls to eomplete eontifttling tminmg every 2 yeMs

By imposing the reporting requirements on a new class of personsfor whom failure to report specified conduct is a crime ftftdby imposingne~ trftining reeJtlirements on publie oIgftfiiZMions ineluding loeftlgOvernment entities this bill would impose a state-mandated localprogram

The Cftlifomift Constittltion reqtlires the stMe to reimbtlfse loeftlftgeneies ftnd sehool distriets for eertftin eosts mftftdMed by the stftteStftttltory pItYvisions esffiblish proeedtlfes for mftkffigthftt reimbtlfsement

This bill hould pro vide thM 4vith regMd to eertftin mftftdfttes noIeimbtlfsement is reeJtlired by this ftet for ft speeified reftson

Vith regftM to ftny other mftndMeS this bill vv0tlM pro vide thM if theCommission on StMe ~bndtltes determines thM the bill eontftins eostsso mftndftted by the stftte reimbttIsement for those eosts shftll be mftdeptlfStlftnt to the stftttltory pro visions noted ttbo ve

The California Constitution requires the state to reimburse localagencies and school districts for certain costs mandated by the stateStatutory provisions establish procedures for making thatreimbursement

This bill would provide that no reimbursement is required by this actfor a specified reason

Vote majority Appropriation no Fiscal committee yesState-mandated local program yes

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 111657 of the Penal Code is amended2 to read3 111657 (a) As used in this article mandated reporter is4 defined as any of the following5 (1) A teacher6 (2) An instructional aide7 (3) A teachers aide or teachers assistant employed by any8 public or private schooL9 (4) A classified employee of any public schooL

95

T

5

10

15

20

25

30

35

40

-3- AB 1435

1 (5) An administrative officer or supervisor of child welfare and2 attendance or a certificated pupil personnel employee of any public3 or private school4 (6) An administrator of a public or private day camp

(7) An administrator or employee of a public or private youth6 center youth recreation program or youth organization7 (8) An administrator or employee of a public or private8 organization whose duties require direct contact and supervision9 of children

(9) Any employee of a county office of education or the State11 Department of Education whose duties bring the employee into12 contact with children on a regular basis13 (10) A licensee an administrator or an employee of a licensed14 community care or child day care facility

(11) A Head Start program teacher16 (12) A licensing worker or licensing evaluator employed by a17 licensing agency as defined in Section 111651118 (13) A public assistance worker19 (14) An employee of a child care institution including but not

limited to foster parents group home personnel and personnel of21 residential care facilities22 (15) A social worker probation officer or parole officer23 (16) An employee of a school district police or security24 department

(17) Any person who is an administrator or presenter of or a26 counselor in a child abuse prevention program in any public or27 private school28 (18) A district attorney investigator inspector or local child29 support agency caseworker unless the investigator inspector or

caseworker is working with an attorney appointed pursuant to31 Section 317 of the Welfare and Institutions Code to represent a32 mmor33 (19) A peace officer as defined in Chapter 45 (commencing34 with Section 830) of Title 3 of Part 2 who is not otherwise

described in this section36 (20) A firefighter except for volunteer firefighters37 (21) A physician and surgeon psychiatrist psychologist dentist38 resident intern podiatrist chiropractor licensed nurse dental39 hygienist optometrist marriage and family therapist clinical social

worker professional clinical counselor or any other person who

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101112131415161718192021222324252627282930313233343536373839

AB 1435 -4-

is currently licensed under Division 2 (commencing with Section500) of the Business and Professions Code

(22) Any emergency medical technician I or II paramedic orother person certified pursuant to Division 25 (commencing withSection 1797) of the Health and Safety Code

(23) A psychological assistant registered pursuant to Section2913 of the Business and Professions Code

(24) A marriage and family therapist trainee as defined insubdivision (c) of Section 498003 of the Business and ProfessionsCode

(25) An unlicensed marriage and family therapist internregistered under Section 498044 of the Business and ProfessionsCode

(26) A state or county public health employee who treats a minorfor venereal disease or any other condition

(27) A coroner(28) A medical examiner or any other person who performs

autopsies(29) A commercial film and photographic print processor as

specified in subdivision (e) of Section 11166 As used in thisarticle commercial film and photographic print processor meansany person who develops exposed photographic film into negativesslides or prints or who makes prints from negatives or slides forcompensation The term includes any employee of such a personit does not include a person who develops film or makes prints fora public agency

(30) A child visitation monitor As used in this article childvisitation monitor means any person who for financialcompensation acts as monitor of a visit between a child and anyother person when the monitoring of that visit has been orderedby a court of law

(31) An animal control officer or humane society officer Forthe purposes ofthis article the following terms have the followingmeanings

(A) Animal control officer means any person employed by acity county or city and county for the purpose of enforcing animalcontrol laws or regulations

(B) Humane society officer means any person appointed oremployed by a public or private entity as a humane officer who is

95

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10111213141516171819202122232425262728293031323334353637383940

-5- AB 1435

qualified pursuant to Section 14502 or 14503 of the CorporationsCode

(32) A clergy member as specified in subdivision (d) of Section11166 As used in this article clergy member means a priestminister rabbi religious practitioner or similar functionary of achurch temple or recognized denomination or organization

(33) Any custodian of records of a clergy member as specifiedin this section and subdivision (d) of Section 11166

(34) Any employee of any police department county sheriffsdepartment county probation department or county welfaredepartment

(35) An employee or volunteer of a Court Appointed SpecialAdvocate program as defined in Rule 1424 ofthe California Rulesof Court

(36) A custodial officer as defined in Section 8315(37) Any person providing services to a minor child under

Section 12300 or 123001 of the Welfare and Institutions Code(38) An alcohol and drug counselor As used in this article an

alcohol and drug counselor is a person providing counselingtherapy or other clinical services for a state licensed or certifieddrug alcohol or drug and alcohol treatment program Howeveralcohol or drug abuse or both alcohol and drug abuse is not inand of itself a sufficient basis for reporting child abuse or neglect

(39) A clinical counselor trainee as defined in subdivision (g)of Section 499912 of the Business and Professions Code

(40) A clinical counselor intern registered under Section 499942of the Business and Professions Code

(41) An athletic coach athletic administrator or athletic directoremployed by a public or private organization including but notlimited to schools and instittttions of higher e6ueation thatprovidekindergarten or any of grades 1 to 12 inclusive

(b) Except as provided in paragraph (35) of subdivision (a)volunteers of public or private organizations whose duties requiredirect contact with and supervision of children are not mandatedreporters but are encouraged to obtain training in the identificationand reporting of child abuse and neglect and are further encouragedto report known or suspected instances of child abuse or neglectto an agency specified in Section 111659

(c) Employers are strongly encouraged to provide theiremployees who are mandated reporters with training in the duties

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101112131415161718192021222324252627282930313233343536373839

AB 1435 -6-

imposed by this article This training shall include training in childabuse and neglect identification and training in child abuse andneglect reporting Whether or not employers provide theiremployees with training in child abuse and neglect identificationand reporting the employers shall provide their employees whoare mandated reporters with the statement required pursuant tosubdivision (a) of Section 111665

(d) School districts that do not train their employees specifiedin subdivision (a) in the duties of mandated reporters under thechild abuse reporting laws shall report to the State Department ofEducation the reasons why this training is not provided

(e) Unless otherwise specifically provided the absence oftraining shall not excuse a mandated reporter from the dutiesimposed by this article

(f) Public and private organizations are encouraged to providetheir volunteers whose duties require direct contact with andsupervision of children with training in the identification andreporting of child abuse and neglect

(g) (1) On 6r befure Jttmtary 1 2014 ttll) pttblie 6r privflie6rganizttti6ftemp16ing ttft Mhletie e6tteh Mhletie ttdmimstrltt6r6r Mhletie direet6r ttSspeeified ift pMttgrttph (41) 6f sttbdivisi6ft(tt) shttll pr6 vide iftitittl trttining f6r th6se empl~ ees 6n thefull6vvingmtttters

(A) The identifiettti6n 6f ehild ttbttse ttnd negleet(D) Aeti vities thttt e6ftstitttte inltppr6prittte ttftd illegttl e6ntttet

betiveen tt 6tlth ltftd ltft ttthietie e6tteh Mhletie ttdmiftistrttt6r 6rttthietie direet6r

(6) The resp6nsibilities 6f tt pers6n identified lIStt mttndfliedrep6rter in this seeti6n ineIttding btl ft6t limited t6 ttll 6f thefull6 vving

(i) T6 ~h6m tt rep6rt is reqtlired t6 be mttde(ii) The inf6rmttti6n thttt is reqttired t6 be ifte1ttdedin tt rep6rt(iii) The time vvithiftvvhieha mandated rep6rter is reqttired t6

file tt rep6rt(2) Initittl training shall be pr6vided b perS6ftSkn6vvledgeltble

ift the identifiettti6n 6fehild aettse ttnd negleet inltppf6prittte ltftdillegal e6ntaet bem eena 6ttth and ltftadttIt ltftdstatttt6ry rep6rtingreqttiremeftts ltftdshttll e6nsist 6ftw6 h6ttrs 6felassr66m 6r 6therinteraetive trainiftg ltftdedttettti6n

95

-7- AB 1435

1 (h) Commeneing on fmd aftel Jfmtlftry12014 fmofgfmization2 speeified in sttbdivision (g) shaHpro ide initial training within six3 months of the date that fm individtutl beeomes empleryed as an4 Mhletie eoaeh athletie administrator or athletie direetor ttnless5 the indi idttal reeei ed training Hithin tw0 years prior to the date6 the indi idtlal is empleryed An Mhletie eoaeh athletie7 administrator or athletie direetor Hho has leeeied initial training8 ptlfStlafttto sttbdiision (g) shall eomplete eontifttling training9 thereafter onee eery two years eonsisting of one hottf of

10 elassroom or other interaeti e training fmd edtteation11 SEC 2 No reimbtlrsement is reqtlired by this aet pttfStlafttto12 Seetion 6 ofArtiele )GIlD of the California Constitution for eertain13 eosts that may be inetllTed by a loeal ageney or sehool distriet14 beeatlse ift that regard this aet ereates a nev erime or infraetion15 eliminates a erime or infraetion or ehfmges the penalty fOfa erime16 or inflaetion Hithin the meaning of Seetion 17556 of the17 Goemment Code or ehanges the definition ofa elime Hithin the18 meaning of Seetion 6 of Aniele XIII D of the Califomia19 Constitution20 IIo~eer if the Commission on State Mfmdates determines that21 this aet eontainsother eosts mfmdated by the state reimbttfsement22 to loeal ageneies fmd sehool distliets for those eosts shall be made23 ptlfStlafttto Part 7 (eommeneing Hith Seetion 17500) of Division24 4 of Title 2 of the Goemment Code25 SEC 2 No reimbursement is required by this act pursuant to26 Section 6 of Article XIII B of the California Constitution because27 the only costs that may be incurred by a local agency or school28 district will be incurred because this act creates a new crime or29 infraction eliminates a crime or infraction or changes thepenalty30 for a crime or infraction within the meaning of Section 17556 of31 the Government Code or changes the definition of a crime within32 the meaning of Section 6 of Article XIII B of the California33 Constitution

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AB 1904 Assembly Bill Status

MEASURE AUTHOR(S)TOPIC

HOUSE

CURRENT BILL STATUS

AB No 1904Block Butler and

Professions and vocationslicenses

LOCATION

Cookmilitary spouses temporary

TYPE OF BILL

SEN

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyAppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpub11-12billasmab _1901-1950ab _1904_ bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes Noes OOPASS17

An act to add Section 1155 to the Business andProfessions Code relating to professions and vocationsand making an appropriation therefor

-

AB 1588 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1588AUTHOR(S) Atkins (Principal coauthors Cook and Nielsen)

(Coauthors Block Beth Gaines Pan V Manuel PerezWilliams and Yamada)

TOPIC Professions and vocations reservist licensees fees andcontinuing education

HOUSE LOCATION SEN+LAST AMENDED DATE 03052012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS forLAST

LAST

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

TITLE An act to add Section 1143 to the Business andProfessions Code relating to professions and vocations

htlpllwwwleginfocagovpubll-12Ibillasmlab _1551-1600ab _1588 _bill_20120601_statu 652012

middot

AMENDED IN ASSEMBLY MARCH 5 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1588

Introduced by Assembly Member Atkins(Principal coauthors Assembly Members Cook and Nielsen)

(Coauthors Assembly Members Block Beth Gaines PanV Manuel Perez Williams and Yamada)

February 6 2012

An act to add Section 1143 to the Business and Professions Coderelating to professions and vocations

LEGISLATIVE COUNSELS DIGEST

AB 1588 as amended Atkins Professions and vocations reservistlicensees fees and continuing education

Existing law provides for the regulation of various professions andvocations by boards commissions or bureaus within the Departmentof Consumer Affairs and for the licensure or registration of individualsin that regard Existing law authorizes any licensee whose licenseexpired while he or she was on active duty as a member of the CaliforniaNational Guard or the United States Armed Forces to reinstate his orher license without examination or penalty if certain requirements aremet

This bill would require the boards commissions or bureaus describedabove to waive the renewal fees and continuing education requirementsif either is applicable of any licensee or registrant who is a reservistcalled to active duty as a member of the United States Military Reserveor the California National Guard if certain requirements are met

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

98

AB 1588 -2-

Thepeople of the State of Califomi a do enact asfollows

1 SECTION 1 Section 1143 is added to the Business and2 Professions Code to read3 1143 Notwithstanding any other provision oflaw everyboard4 commission or bureau within the department shall waive the5 renewal fees and continuing education requirements if either is6 applicable for any licensee or registrant who is a reservist called7 to active duty as a member of the United States Military Reserve8 or the California National Guard if all of the following9 requirements are met

10 (a) The licensee or registrant was in good standing with the11 board commission or bureau at the time the reservist was called12 to active duty13 (b) The renewal fees or continuing education requirements are14 waived only for the period during which the reservist is on active15 duty service16 (c) The active duty reservist or the active duty reservists spouse17 or registered domestic partner provides written notice satisfactory18 to the board commission or bureau that substantiates the19 reservists active duty service

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98

AB 1896 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1896AUTHOR(S) ChesbroTOPIC Tribal health programs health care practitionersHOUSE LOCATION SEN+LAST AMENDED DATE 03272012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATIONCOMM ACTION DATECOMM ACTIONCOMM VOTE SUMMARY

ASM

05172012Referred to Com on B P amp EDBUSINESS PROFESSIONS AND CONSUMER PROTECTION04102012

Do passAyes 09 Noes OOPASS

TITLE An act to amend the heading of Article 10 (commencingwith Section 710) of Chapter 1 of Division 2 of and toadd Section 719 to the Business and Professions Coderelating to healing arts

httpwwwleginfocagovpubI11-12lbillasmab_1851-1900ab_1896_bill_20120517 _statu 652012

-

AMENDED IN ASSEMBLY MARCH 27 2012

CALIFORNIA LEGISLATURE-20II-12 REGULAR SESSION

ASSEMBLY BILL No 1896

Introduced by Assembly Member Chesbro

February 222012

An act to amend the heading of Article 10 (commencing with Section710) of Chapter 1 of Division 2 of and to add Section 719 to theBusiness and Professions Code relating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1896 as amended Chesbro Tribal health programs health carepractitioners

Under existing federal law licensed health professionals employedby a tribal health program are required to be exempt if licensed in anystate from the licensing requirements of the state in which the tribalhealth program performs specified services A tribal health program isdefined as an Indian tribe or tribal organization that operates any healthprogram service function activity or facility funded in whole or partby the Indian Health Service

Existing law provides for the licensure and regulation of health carepractitioners by various healing arts boards within the Department ofConsumer Affairs

This bill would codify that federal requirement by specifying that aperson who is licensed as a health care practitioner in any other stateand is employed by a tribal health program is exempt from any statelicensing requirement with respect to acts authorized under thepersonslicense where the tribal health program performs specified services

Vote majority Appropriation no Fiscal committee noState-mandated local program no

98

AD 1896 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 The heading of Article 10 (commencing with2 Section 710) of Chapter 1 of Division 2 of the Business and3 Professions Code is amended to read456789

101112131415161718192021

Article 10 Federal Personnel and Tribal Health Programs

SEC 2 Section 719 is added to the Business and ProfessionsCode to read

719 (a) A person who is licensed as a health care practitionerin any other state and is employed by a tribal health program asdefined in Section 1603 of Title 25 of the United States Code shallbe exempt from any licensing requirement described in this divisionwith respect to acts authorized under the persons license wherethe tribal health program performs the services described in thecontract or compact of the tribal health program under the IndianSelf-Determination and Education Assistance Act (25 USC Sec450 et seq)

(b) For purposes of this section health care practitioner meansany person who engages in acts that are the subject of licensureor regulation under this division or Ml) initiative 8et referred to inthis division the law of any other state

o

98

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1904

Introduced by Assembly Members Block Butler and Cook

February 222012

An act to add Section 1155 to the Business and Professions Coderelating to professions and vocations and making an appropriationtherefor

LEGISLATIVE COUNSELS DIGEST

AB 1904 as introduced Block Professions and vocations militaryspouses temporary licenses

Existing law provides for the licensure and regulation of variousprofessions and vocations by boards within the Department of ConsumerAffairs Existing law provides for the issuance of reciprocal licenses incertain fields where the applicant among other requirements has alicense to practice within that field in another jurisdiction as specifiedUnder existing law licensing fees imposed by certain boards withinthe department are deposited in funds that are continuously appropriated

This bill would authorize a board within the department to issue atemporary license to an applicant who among other requirements holdsan equivalent license in another jurisdiction as specified and is marriedto or in a legal union with an active duty member of the Armed Forcesofthe United States who is assigned to a duty station in California underofficial active duty military orders The bill would require a board toexpedite the process for issuing these temporary licenses The bill wouldrequire the applicant to pay any fees required by the board and wouldrequire that those fees be deposited in the fund used by the board toadminister its licensing program To the extent that the bill would

99

AB 1904 -2-

increase the amount of money deposited into a continuously appropriatedfund the bill would make an appropriation

Vote majority Appropriation yes Fiscal committee yesState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 1155 is added to the Business and2 Professions Code to read3 1155 (a) A board within the department may issue a4 temporary license to an applicant who meets all of the following5 requirements6 (l) Submits an application in the manner prescribed by the7 board8 (2) Supplies evidence satisfactory to the board that the applicant9 is married to or in a domestic partnership or other legal union

10 with an active duty member of the Armed Forces of the United11 States who is assigned to a duty station in this state under official12 active duty military orders13 (3) Holds a current license in another state district or territory14 of the United States with the requirements that the board determines15 are substantially equivalent to those established under this code16 for that occupation17 (4) Has not committed an act in anyjurisdiction that would have18 constituted grounds for denial suspension or revocation of the19 license under this code at the time the act was committed20 (5) Has not been disciplined by a licensing entity in another21 jurisdiction and is not the subject of an unresolved complaint22 review procedure or disciplinary proceeding conducted by a23 licensing entity in another jurisdiction24 (6) Pays any fees required by the board Those fees shall be25 deposited in the applicable fund or account used by the board to26 administer its licensing program27 (7) Submits fingerprints and any applicable fingerprinting fee28 in the manner required of an applicant for a regular license29 (b) A board shall expedite the procedure for issuing a temporary30 license pursuant to this section31 (c) A temporary license issued under this section shall be valid32 for 180 days except that the license may at the discretion of the

99

-3- AB 1904

I board be extended for an additional180-day period on application2 of the license holder3 (d) A board may adopt regulations necessary to administer this4 section

o

99

AB 1932 Assembly Bill Status

MEASURE AUTHOR(S)TOPICHOUSE+LAST

CURRENT BILL STATUS

AB No 1932Gorell (Coauthor Cook)

United States armed services healing arts boardsLOCATION SENAMENDED DATE 04172012

TYPE OF BILL

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpubI11-12Ibillasmab_1901-1950ab_1932_bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

An act to add Section 7102 to the Business andProfessions Code relating to healing arts

-

AMENDED IN ASSEMBLY APRIL 172012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1932

Introduced by Assembly Member-Ceek Gorell(Coauthor Assembly Member Cook)

February 222012

An act to add Section 7102 to the Business and Professions Coderelating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1932 as amended euroook Gorell United States armed serviceshealing arts boards

Existing law provides for the licensure and regulation of varioushealing arts professions and vocations by boards within the Departmentof Consumer Affairs Existing law requires the rules and regulations ofthese healing arts boards to provide for methods of evaluating educationtraining and experience obtained in military service if such training isapplicable to the requirements of the particular profession or vocationregulated by the board Under existing law the Department of VeteransAffairs has specified powers and duties relating to various programsserving veterans

This bill would require by January 12014 and annually thereafterevery healing arts board to issue a specified written report to theDepartment of Veterans Affairs and the Legislature as specified thatclearly details the methods of evaluating the education training andexperience obtained in military service and whether that educationtraining and experience is applicable to the boards requirements forlicensure The bill would declare the intent of the Legislature in thisregard

98

AB 1932 -2-

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 710 of the Business and Professions Code2 was enacted in 1969 and because healing arts boards have not3 demonstrated significant compliance with that section it is the4 intent of the Legislature to establish an annual reporting5 requirement to compel these boards to provide information about6 the methods of evaluating education training and experience7 obtained in military service in order to meet the needs of the8 upcoming wave of armed service members returning to civilian9 life

10 SEC 2 Section 7102 is added to the Business and Professions11 Code to read12 7102 (a) By January 12014 and annually thereafter every13 healing arts board described in this division shall issue a written14 report to the Department of Veterans Affairs and to the Legislature15 that clearly details the methods of evaluating the education16 training and experience obtained in military service and whether17 that education training and experience is applicable to the boards18 requirements for licensure This written report shall include but19 not be limited to quantitative information about the number of20 service members who have applied for and have used their military21 education training and experience to fulfill the boards22 requirements for licensure23 (b) (1) The requirement to submit a report to the Legislature24 under subdivision (a) shall be inoperative on January 1 201825 pursuant to Section 102315 of the Government Code26 (2) A report to the Legislature shall be submitted in compliance27 with Section 9795 of the Government Code

o

98

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      • AGENDA ITEM 4
      • DISCUSSION AND POSSIBLE ACTION REGARDING PENDING LEGISLATION
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Page 48: DISCUSSION ANDPOSSIBLE ACTION REGARDING PENDING … · 2012-06-14  · Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of2010 (PublicLaw 111-152)

AB 958 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 958Bill Berryhill

Regulatory boards limitations periods

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to Art IV Sec 10(e) of theFrom committee Filed with the Chiefto Joint Rule 56BUSINESS PROFESSIONS AND CONSUMER PROTECTION

TITLE An act to add Section 1105 to and to repeal Sections16702 22305 296005 3137 375051 498205499032 5561 5661 76865 988420 and 98898 of theBusiness and Professions Code relating to regulatoryboards

httpwwwleginfocagovpub11-12lbillasmlab_0951-1 OOOab_958 _bill_ 20120202_ status 652012

AB 1003 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 1003Smyth

Professional and vocational licenses

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to professional and vocational licenses

httpwwwleginfocagovpubll-12Ibillasmlab_l00l-l 050ab_1003 _bill_2012020 I_statu 652012

-

AB 1205 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1205AUTHOR(S) Bill BerryhillTOPIC Licensed behavior analysts+LAST AMENDED DATE 04042011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to amend Section 499018 of and to add Chapter52 (commencing with Section 252971) to Division 2 ofthe Business and Professions Code relating to healingarts

httpwwwleginfocagovpub11-12billasmab _120 1-1250ab_1205 _bill_20 120201_statu 652012

AB 1435 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1435AUTHOR(S) Dickinson (Coauthors Alejo Buchanan and Hill) TOPIC Child abuse reporting athletic personnelHOUSE LOCATION SEN+LAST AMENDED DATE OS252012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredState-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS for

LASTLAST

APPROPRIATIONSOS252012

Do pass as amendedAyes 17 Noes OOPASS

TITLE An act to amend Section 111657 of the Penal Coderelating to child abuse reporting

httpwww1eginfocagovpub11-12lbiIVasmab_140 1-1450ab _1435 _bill~0120601_statu 652012

AMENDED IN ASSEMBLY MAY 25 2012

AMENDED IN ASSEMBLY MARCH 21 2012

AMENDED IN ASSEMBLY MARCH 142012

AMENDED IN ASSEMBLY FEBRUARY 29 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1435

Introduced by Assembly Member Dickinson(Coauthors Assembly Members Alejo Buchanan and Hill)

January 4 2012

An act to amend Section 111657 of the Penal Code relating to childabuse reporting

LEGISLATIVE COUNSELS DIGEST

AB 1435 as amended Dickinson Child abuse reporting athleticpersonnel

Existing law the Child Abuse and Neglect Reporting Act requiresa mandated reporter as defined to report whenever he or she in his orher professional capacity or within the scope of his or her employmenthas knowledge of or observed a child whom the mandated reporterknows or reasonably suspects has been the victim of child abuse orneglect Failure to report an incident is a crime punishable byimprisonment in a county jail for a period of up to 6 months a fine ofup to $1000 or by both that imprisonment and fine

This bill would add athletic coaches athletic administrators andathletic directors employed by a public or private organization to thelist of individuals who are mandated reporters The bill otlld reqtlirean ptlblie or pri v ate orgflftizationernplo ing flftathletieeoaen Mhletie

95

~

AB 1435 -2-

ftdministrator or Mhletie direetor to hftve provided initiftl trftining byJflfttlM) I 2014 on speeified mfttters relMing to ehiM a-bttse ftftdnegleetfor those employees On ftftd ftfter lftnuftry 12014 the bill vvottld reeJtlireinitiftl trftining to be pro vided IV ithin 6 months of the dMe ftn indi vidttftlbeeomes employed in thM eftlfteiry The bill vvouM require theseindividuftls to eomplete eontifttling tminmg every 2 yeMs

By imposing the reporting requirements on a new class of personsfor whom failure to report specified conduct is a crime ftftdby imposingne~ trftining reeJtlirements on publie oIgftfiiZMions ineluding loeftlgOvernment entities this bill would impose a state-mandated localprogram

The Cftlifomift Constittltion reqtlires the stMe to reimbtlfse loeftlftgeneies ftnd sehool distriets for eertftin eosts mftftdMed by the stftteStftttltory pItYvisions esffiblish proeedtlfes for mftkffigthftt reimbtlfsement

This bill hould pro vide thM 4vith regMd to eertftin mftftdfttes noIeimbtlfsement is reeJtlired by this ftet for ft speeified reftson

Vith regftM to ftny other mftndMeS this bill vv0tlM pro vide thM if theCommission on StMe ~bndtltes determines thM the bill eontftins eostsso mftndftted by the stftte reimbttIsement for those eosts shftll be mftdeptlfStlftnt to the stftttltory pro visions noted ttbo ve

The California Constitution requires the state to reimburse localagencies and school districts for certain costs mandated by the stateStatutory provisions establish procedures for making thatreimbursement

This bill would provide that no reimbursement is required by this actfor a specified reason

Vote majority Appropriation no Fiscal committee yesState-mandated local program yes

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 111657 of the Penal Code is amended2 to read3 111657 (a) As used in this article mandated reporter is4 defined as any of the following5 (1) A teacher6 (2) An instructional aide7 (3) A teachers aide or teachers assistant employed by any8 public or private schooL9 (4) A classified employee of any public schooL

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10

15

20

25

30

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40

-3- AB 1435

1 (5) An administrative officer or supervisor of child welfare and2 attendance or a certificated pupil personnel employee of any public3 or private school4 (6) An administrator of a public or private day camp

(7) An administrator or employee of a public or private youth6 center youth recreation program or youth organization7 (8) An administrator or employee of a public or private8 organization whose duties require direct contact and supervision9 of children

(9) Any employee of a county office of education or the State11 Department of Education whose duties bring the employee into12 contact with children on a regular basis13 (10) A licensee an administrator or an employee of a licensed14 community care or child day care facility

(11) A Head Start program teacher16 (12) A licensing worker or licensing evaluator employed by a17 licensing agency as defined in Section 111651118 (13) A public assistance worker19 (14) An employee of a child care institution including but not

limited to foster parents group home personnel and personnel of21 residential care facilities22 (15) A social worker probation officer or parole officer23 (16) An employee of a school district police or security24 department

(17) Any person who is an administrator or presenter of or a26 counselor in a child abuse prevention program in any public or27 private school28 (18) A district attorney investigator inspector or local child29 support agency caseworker unless the investigator inspector or

caseworker is working with an attorney appointed pursuant to31 Section 317 of the Welfare and Institutions Code to represent a32 mmor33 (19) A peace officer as defined in Chapter 45 (commencing34 with Section 830) of Title 3 of Part 2 who is not otherwise

described in this section36 (20) A firefighter except for volunteer firefighters37 (21) A physician and surgeon psychiatrist psychologist dentist38 resident intern podiatrist chiropractor licensed nurse dental39 hygienist optometrist marriage and family therapist clinical social

worker professional clinical counselor or any other person who

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AB 1435 -4-

is currently licensed under Division 2 (commencing with Section500) of the Business and Professions Code

(22) Any emergency medical technician I or II paramedic orother person certified pursuant to Division 25 (commencing withSection 1797) of the Health and Safety Code

(23) A psychological assistant registered pursuant to Section2913 of the Business and Professions Code

(24) A marriage and family therapist trainee as defined insubdivision (c) of Section 498003 of the Business and ProfessionsCode

(25) An unlicensed marriage and family therapist internregistered under Section 498044 of the Business and ProfessionsCode

(26) A state or county public health employee who treats a minorfor venereal disease or any other condition

(27) A coroner(28) A medical examiner or any other person who performs

autopsies(29) A commercial film and photographic print processor as

specified in subdivision (e) of Section 11166 As used in thisarticle commercial film and photographic print processor meansany person who develops exposed photographic film into negativesslides or prints or who makes prints from negatives or slides forcompensation The term includes any employee of such a personit does not include a person who develops film or makes prints fora public agency

(30) A child visitation monitor As used in this article childvisitation monitor means any person who for financialcompensation acts as monitor of a visit between a child and anyother person when the monitoring of that visit has been orderedby a court of law

(31) An animal control officer or humane society officer Forthe purposes ofthis article the following terms have the followingmeanings

(A) Animal control officer means any person employed by acity county or city and county for the purpose of enforcing animalcontrol laws or regulations

(B) Humane society officer means any person appointed oremployed by a public or private entity as a humane officer who is

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-5- AB 1435

qualified pursuant to Section 14502 or 14503 of the CorporationsCode

(32) A clergy member as specified in subdivision (d) of Section11166 As used in this article clergy member means a priestminister rabbi religious practitioner or similar functionary of achurch temple or recognized denomination or organization

(33) Any custodian of records of a clergy member as specifiedin this section and subdivision (d) of Section 11166

(34) Any employee of any police department county sheriffsdepartment county probation department or county welfaredepartment

(35) An employee or volunteer of a Court Appointed SpecialAdvocate program as defined in Rule 1424 ofthe California Rulesof Court

(36) A custodial officer as defined in Section 8315(37) Any person providing services to a minor child under

Section 12300 or 123001 of the Welfare and Institutions Code(38) An alcohol and drug counselor As used in this article an

alcohol and drug counselor is a person providing counselingtherapy or other clinical services for a state licensed or certifieddrug alcohol or drug and alcohol treatment program Howeveralcohol or drug abuse or both alcohol and drug abuse is not inand of itself a sufficient basis for reporting child abuse or neglect

(39) A clinical counselor trainee as defined in subdivision (g)of Section 499912 of the Business and Professions Code

(40) A clinical counselor intern registered under Section 499942of the Business and Professions Code

(41) An athletic coach athletic administrator or athletic directoremployed by a public or private organization including but notlimited to schools and instittttions of higher e6ueation thatprovidekindergarten or any of grades 1 to 12 inclusive

(b) Except as provided in paragraph (35) of subdivision (a)volunteers of public or private organizations whose duties requiredirect contact with and supervision of children are not mandatedreporters but are encouraged to obtain training in the identificationand reporting of child abuse and neglect and are further encouragedto report known or suspected instances of child abuse or neglectto an agency specified in Section 111659

(c) Employers are strongly encouraged to provide theiremployees who are mandated reporters with training in the duties

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AB 1435 -6-

imposed by this article This training shall include training in childabuse and neglect identification and training in child abuse andneglect reporting Whether or not employers provide theiremployees with training in child abuse and neglect identificationand reporting the employers shall provide their employees whoare mandated reporters with the statement required pursuant tosubdivision (a) of Section 111665

(d) School districts that do not train their employees specifiedin subdivision (a) in the duties of mandated reporters under thechild abuse reporting laws shall report to the State Department ofEducation the reasons why this training is not provided

(e) Unless otherwise specifically provided the absence oftraining shall not excuse a mandated reporter from the dutiesimposed by this article

(f) Public and private organizations are encouraged to providetheir volunteers whose duties require direct contact with andsupervision of children with training in the identification andreporting of child abuse and neglect

(g) (1) On 6r befure Jttmtary 1 2014 ttll) pttblie 6r privflie6rganizttti6ftemp16ing ttft Mhletie e6tteh Mhletie ttdmimstrltt6r6r Mhletie direet6r ttSspeeified ift pMttgrttph (41) 6f sttbdivisi6ft(tt) shttll pr6 vide iftitittl trttining f6r th6se empl~ ees 6n thefull6vvingmtttters

(A) The identifiettti6n 6f ehild ttbttse ttnd negleet(D) Aeti vities thttt e6ftstitttte inltppr6prittte ttftd illegttl e6ntttet

betiveen tt 6tlth ltftd ltft ttthietie e6tteh Mhletie ttdmiftistrttt6r 6rttthietie direet6r

(6) The resp6nsibilities 6f tt pers6n identified lIStt mttndfliedrep6rter in this seeti6n ineIttding btl ft6t limited t6 ttll 6f thefull6 vving

(i) T6 ~h6m tt rep6rt is reqtlired t6 be mttde(ii) The inf6rmttti6n thttt is reqttired t6 be ifte1ttdedin tt rep6rt(iii) The time vvithiftvvhieha mandated rep6rter is reqttired t6

file tt rep6rt(2) Initittl training shall be pr6vided b perS6ftSkn6vvledgeltble

ift the identifiettti6n 6fehild aettse ttnd negleet inltppf6prittte ltftdillegal e6ntaet bem eena 6ttth and ltftadttIt ltftdstatttt6ry rep6rtingreqttiremeftts ltftdshttll e6nsist 6ftw6 h6ttrs 6felassr66m 6r 6therinteraetive trainiftg ltftdedttettti6n

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-7- AB 1435

1 (h) Commeneing on fmd aftel Jfmtlftry12014 fmofgfmization2 speeified in sttbdivision (g) shaHpro ide initial training within six3 months of the date that fm individtutl beeomes empleryed as an4 Mhletie eoaeh athletie administrator or athletie direetor ttnless5 the indi idttal reeei ed training Hithin tw0 years prior to the date6 the indi idtlal is empleryed An Mhletie eoaeh athletie7 administrator or athletie direetor Hho has leeeied initial training8 ptlfStlafttto sttbdiision (g) shall eomplete eontifttling training9 thereafter onee eery two years eonsisting of one hottf of

10 elassroom or other interaeti e training fmd edtteation11 SEC 2 No reimbtlrsement is reqtlired by this aet pttfStlafttto12 Seetion 6 ofArtiele )GIlD of the California Constitution for eertain13 eosts that may be inetllTed by a loeal ageney or sehool distriet14 beeatlse ift that regard this aet ereates a nev erime or infraetion15 eliminates a erime or infraetion or ehfmges the penalty fOfa erime16 or inflaetion Hithin the meaning of Seetion 17556 of the17 Goemment Code or ehanges the definition ofa elime Hithin the18 meaning of Seetion 6 of Aniele XIII D of the Califomia19 Constitution20 IIo~eer if the Commission on State Mfmdates determines that21 this aet eontainsother eosts mfmdated by the state reimbttfsement22 to loeal ageneies fmd sehool distliets for those eosts shall be made23 ptlfStlafttto Part 7 (eommeneing Hith Seetion 17500) of Division24 4 of Title 2 of the Goemment Code25 SEC 2 No reimbursement is required by this act pursuant to26 Section 6 of Article XIII B of the California Constitution because27 the only costs that may be incurred by a local agency or school28 district will be incurred because this act creates a new crime or29 infraction eliminates a crime or infraction or changes thepenalty30 for a crime or infraction within the meaning of Section 17556 of31 the Government Code or changes the definition of a crime within32 the meaning of Section 6 of Article XIII B of the California33 Constitution

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AB 1904 Assembly Bill Status

MEASURE AUTHOR(S)TOPIC

HOUSE

CURRENT BILL STATUS

AB No 1904Block Butler and

Professions and vocationslicenses

LOCATION

Cookmilitary spouses temporary

TYPE OF BILL

SEN

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyAppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpub11-12billasmab _1901-1950ab _1904_ bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes Noes OOPASS17

An act to add Section 1155 to the Business andProfessions Code relating to professions and vocationsand making an appropriation therefor

-

AB 1588 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1588AUTHOR(S) Atkins (Principal coauthors Cook and Nielsen)

(Coauthors Block Beth Gaines Pan V Manuel PerezWilliams and Yamada)

TOPIC Professions and vocations reservist licensees fees andcontinuing education

HOUSE LOCATION SEN+LAST AMENDED DATE 03052012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS forLAST

LAST

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

TITLE An act to add Section 1143 to the Business andProfessions Code relating to professions and vocations

htlpllwwwleginfocagovpubll-12Ibillasmlab _1551-1600ab _1588 _bill_20120601_statu 652012

middot

AMENDED IN ASSEMBLY MARCH 5 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1588

Introduced by Assembly Member Atkins(Principal coauthors Assembly Members Cook and Nielsen)

(Coauthors Assembly Members Block Beth Gaines PanV Manuel Perez Williams and Yamada)

February 6 2012

An act to add Section 1143 to the Business and Professions Coderelating to professions and vocations

LEGISLATIVE COUNSELS DIGEST

AB 1588 as amended Atkins Professions and vocations reservistlicensees fees and continuing education

Existing law provides for the regulation of various professions andvocations by boards commissions or bureaus within the Departmentof Consumer Affairs and for the licensure or registration of individualsin that regard Existing law authorizes any licensee whose licenseexpired while he or she was on active duty as a member of the CaliforniaNational Guard or the United States Armed Forces to reinstate his orher license without examination or penalty if certain requirements aremet

This bill would require the boards commissions or bureaus describedabove to waive the renewal fees and continuing education requirementsif either is applicable of any licensee or registrant who is a reservistcalled to active duty as a member of the United States Military Reserveor the California National Guard if certain requirements are met

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

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AB 1588 -2-

Thepeople of the State of Califomi a do enact asfollows

1 SECTION 1 Section 1143 is added to the Business and2 Professions Code to read3 1143 Notwithstanding any other provision oflaw everyboard4 commission or bureau within the department shall waive the5 renewal fees and continuing education requirements if either is6 applicable for any licensee or registrant who is a reservist called7 to active duty as a member of the United States Military Reserve8 or the California National Guard if all of the following9 requirements are met

10 (a) The licensee or registrant was in good standing with the11 board commission or bureau at the time the reservist was called12 to active duty13 (b) The renewal fees or continuing education requirements are14 waived only for the period during which the reservist is on active15 duty service16 (c) The active duty reservist or the active duty reservists spouse17 or registered domestic partner provides written notice satisfactory18 to the board commission or bureau that substantiates the19 reservists active duty service

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AB 1896 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1896AUTHOR(S) ChesbroTOPIC Tribal health programs health care practitionersHOUSE LOCATION SEN+LAST AMENDED DATE 03272012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATIONCOMM ACTION DATECOMM ACTIONCOMM VOTE SUMMARY

ASM

05172012Referred to Com on B P amp EDBUSINESS PROFESSIONS AND CONSUMER PROTECTION04102012

Do passAyes 09 Noes OOPASS

TITLE An act to amend the heading of Article 10 (commencingwith Section 710) of Chapter 1 of Division 2 of and toadd Section 719 to the Business and Professions Coderelating to healing arts

httpwwwleginfocagovpubI11-12lbillasmab_1851-1900ab_1896_bill_20120517 _statu 652012

-

AMENDED IN ASSEMBLY MARCH 27 2012

CALIFORNIA LEGISLATURE-20II-12 REGULAR SESSION

ASSEMBLY BILL No 1896

Introduced by Assembly Member Chesbro

February 222012

An act to amend the heading of Article 10 (commencing with Section710) of Chapter 1 of Division 2 of and to add Section 719 to theBusiness and Professions Code relating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1896 as amended Chesbro Tribal health programs health carepractitioners

Under existing federal law licensed health professionals employedby a tribal health program are required to be exempt if licensed in anystate from the licensing requirements of the state in which the tribalhealth program performs specified services A tribal health program isdefined as an Indian tribe or tribal organization that operates any healthprogram service function activity or facility funded in whole or partby the Indian Health Service

Existing law provides for the licensure and regulation of health carepractitioners by various healing arts boards within the Department ofConsumer Affairs

This bill would codify that federal requirement by specifying that aperson who is licensed as a health care practitioner in any other stateand is employed by a tribal health program is exempt from any statelicensing requirement with respect to acts authorized under thepersonslicense where the tribal health program performs specified services

Vote majority Appropriation no Fiscal committee noState-mandated local program no

98

AD 1896 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 The heading of Article 10 (commencing with2 Section 710) of Chapter 1 of Division 2 of the Business and3 Professions Code is amended to read456789

101112131415161718192021

Article 10 Federal Personnel and Tribal Health Programs

SEC 2 Section 719 is added to the Business and ProfessionsCode to read

719 (a) A person who is licensed as a health care practitionerin any other state and is employed by a tribal health program asdefined in Section 1603 of Title 25 of the United States Code shallbe exempt from any licensing requirement described in this divisionwith respect to acts authorized under the persons license wherethe tribal health program performs the services described in thecontract or compact of the tribal health program under the IndianSelf-Determination and Education Assistance Act (25 USC Sec450 et seq)

(b) For purposes of this section health care practitioner meansany person who engages in acts that are the subject of licensureor regulation under this division or Ml) initiative 8et referred to inthis division the law of any other state

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CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1904

Introduced by Assembly Members Block Butler and Cook

February 222012

An act to add Section 1155 to the Business and Professions Coderelating to professions and vocations and making an appropriationtherefor

LEGISLATIVE COUNSELS DIGEST

AB 1904 as introduced Block Professions and vocations militaryspouses temporary licenses

Existing law provides for the licensure and regulation of variousprofessions and vocations by boards within the Department of ConsumerAffairs Existing law provides for the issuance of reciprocal licenses incertain fields where the applicant among other requirements has alicense to practice within that field in another jurisdiction as specifiedUnder existing law licensing fees imposed by certain boards withinthe department are deposited in funds that are continuously appropriated

This bill would authorize a board within the department to issue atemporary license to an applicant who among other requirements holdsan equivalent license in another jurisdiction as specified and is marriedto or in a legal union with an active duty member of the Armed Forcesofthe United States who is assigned to a duty station in California underofficial active duty military orders The bill would require a board toexpedite the process for issuing these temporary licenses The bill wouldrequire the applicant to pay any fees required by the board and wouldrequire that those fees be deposited in the fund used by the board toadminister its licensing program To the extent that the bill would

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AB 1904 -2-

increase the amount of money deposited into a continuously appropriatedfund the bill would make an appropriation

Vote majority Appropriation yes Fiscal committee yesState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 1155 is added to the Business and2 Professions Code to read3 1155 (a) A board within the department may issue a4 temporary license to an applicant who meets all of the following5 requirements6 (l) Submits an application in the manner prescribed by the7 board8 (2) Supplies evidence satisfactory to the board that the applicant9 is married to or in a domestic partnership or other legal union

10 with an active duty member of the Armed Forces of the United11 States who is assigned to a duty station in this state under official12 active duty military orders13 (3) Holds a current license in another state district or territory14 of the United States with the requirements that the board determines15 are substantially equivalent to those established under this code16 for that occupation17 (4) Has not committed an act in anyjurisdiction that would have18 constituted grounds for denial suspension or revocation of the19 license under this code at the time the act was committed20 (5) Has not been disciplined by a licensing entity in another21 jurisdiction and is not the subject of an unresolved complaint22 review procedure or disciplinary proceeding conducted by a23 licensing entity in another jurisdiction24 (6) Pays any fees required by the board Those fees shall be25 deposited in the applicable fund or account used by the board to26 administer its licensing program27 (7) Submits fingerprints and any applicable fingerprinting fee28 in the manner required of an applicant for a regular license29 (b) A board shall expedite the procedure for issuing a temporary30 license pursuant to this section31 (c) A temporary license issued under this section shall be valid32 for 180 days except that the license may at the discretion of the

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-3- AB 1904

I board be extended for an additional180-day period on application2 of the license holder3 (d) A board may adopt regulations necessary to administer this4 section

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99

AB 1932 Assembly Bill Status

MEASURE AUTHOR(S)TOPICHOUSE+LAST

CURRENT BILL STATUS

AB No 1932Gorell (Coauthor Cook)

United States armed services healing arts boardsLOCATION SENAMENDED DATE 04172012

TYPE OF BILL

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpubI11-12Ibillasmab_1901-1950ab_1932_bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

An act to add Section 7102 to the Business andProfessions Code relating to healing arts

-

AMENDED IN ASSEMBLY APRIL 172012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1932

Introduced by Assembly Member-Ceek Gorell(Coauthor Assembly Member Cook)

February 222012

An act to add Section 7102 to the Business and Professions Coderelating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1932 as amended euroook Gorell United States armed serviceshealing arts boards

Existing law provides for the licensure and regulation of varioushealing arts professions and vocations by boards within the Departmentof Consumer Affairs Existing law requires the rules and regulations ofthese healing arts boards to provide for methods of evaluating educationtraining and experience obtained in military service if such training isapplicable to the requirements of the particular profession or vocationregulated by the board Under existing law the Department of VeteransAffairs has specified powers and duties relating to various programsserving veterans

This bill would require by January 12014 and annually thereafterevery healing arts board to issue a specified written report to theDepartment of Veterans Affairs and the Legislature as specified thatclearly details the methods of evaluating the education training andexperience obtained in military service and whether that educationtraining and experience is applicable to the boards requirements forlicensure The bill would declare the intent of the Legislature in thisregard

98

AB 1932 -2-

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 710 of the Business and Professions Code2 was enacted in 1969 and because healing arts boards have not3 demonstrated significant compliance with that section it is the4 intent of the Legislature to establish an annual reporting5 requirement to compel these boards to provide information about6 the methods of evaluating education training and experience7 obtained in military service in order to meet the needs of the8 upcoming wave of armed service members returning to civilian9 life

10 SEC 2 Section 7102 is added to the Business and Professions11 Code to read12 7102 (a) By January 12014 and annually thereafter every13 healing arts board described in this division shall issue a written14 report to the Department of Veterans Affairs and to the Legislature15 that clearly details the methods of evaluating the education16 training and experience obtained in military service and whether17 that education training and experience is applicable to the boards18 requirements for licensure This written report shall include but19 not be limited to quantitative information about the number of20 service members who have applied for and have used their military21 education training and experience to fulfill the boards22 requirements for licensure23 (b) (1) The requirement to submit a report to the Legislature24 under subdivision (a) shall be inoperative on January 1 201825 pursuant to Section 102315 of the Government Code26 (2) A report to the Legislature shall be submitted in compliance27 with Section 9795 of the Government Code

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      • AGENDA ITEM 4
      • DISCUSSION AND POSSIBLE ACTION REGARDING PENDING LEGISLATION
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                  • AB 171 Assembly Bill- Status
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                                                                                                                                                                                          • AB 958 Assembly Bill- Status
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Page 49: DISCUSSION ANDPOSSIBLE ACTION REGARDING PENDING … · 2012-06-14  · Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of2010 (PublicLaw 111-152)

AB 1003 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AUTHOR(S)TOPIC

AB No 1003Smyth

Professional and vocational licenses

TYPE OF BILL InactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATE 02012012LAST HIST ACTION Died at Desk

TITLE An act relating to professional and vocational licenses

httpwwwleginfocagovpubll-12Ibillasmlab_l00l-l 050ab_1003 _bill_2012020 I_statu 652012

-

AB 1205 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1205AUTHOR(S) Bill BerryhillTOPIC Licensed behavior analysts+LAST AMENDED DATE 04042011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to amend Section 499018 of and to add Chapter52 (commencing with Section 252971) to Division 2 ofthe Business and Professions Code relating to healingarts

httpwwwleginfocagovpub11-12billasmab _120 1-1250ab_1205 _bill_20 120201_statu 652012

AB 1435 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1435AUTHOR(S) Dickinson (Coauthors Alejo Buchanan and Hill) TOPIC Child abuse reporting athletic personnelHOUSE LOCATION SEN+LAST AMENDED DATE OS252012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredState-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS for

LASTLAST

APPROPRIATIONSOS252012

Do pass as amendedAyes 17 Noes OOPASS

TITLE An act to amend Section 111657 of the Penal Coderelating to child abuse reporting

httpwww1eginfocagovpub11-12lbiIVasmab_140 1-1450ab _1435 _bill~0120601_statu 652012

AMENDED IN ASSEMBLY MAY 25 2012

AMENDED IN ASSEMBLY MARCH 21 2012

AMENDED IN ASSEMBLY MARCH 142012

AMENDED IN ASSEMBLY FEBRUARY 29 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1435

Introduced by Assembly Member Dickinson(Coauthors Assembly Members Alejo Buchanan and Hill)

January 4 2012

An act to amend Section 111657 of the Penal Code relating to childabuse reporting

LEGISLATIVE COUNSELS DIGEST

AB 1435 as amended Dickinson Child abuse reporting athleticpersonnel

Existing law the Child Abuse and Neglect Reporting Act requiresa mandated reporter as defined to report whenever he or she in his orher professional capacity or within the scope of his or her employmenthas knowledge of or observed a child whom the mandated reporterknows or reasonably suspects has been the victim of child abuse orneglect Failure to report an incident is a crime punishable byimprisonment in a county jail for a period of up to 6 months a fine ofup to $1000 or by both that imprisonment and fine

This bill would add athletic coaches athletic administrators andathletic directors employed by a public or private organization to thelist of individuals who are mandated reporters The bill otlld reqtlirean ptlblie or pri v ate orgflftizationernplo ing flftathletieeoaen Mhletie

95

~

AB 1435 -2-

ftdministrator or Mhletie direetor to hftve provided initiftl trftining byJflfttlM) I 2014 on speeified mfttters relMing to ehiM a-bttse ftftdnegleetfor those employees On ftftd ftfter lftnuftry 12014 the bill vvottld reeJtlireinitiftl trftining to be pro vided IV ithin 6 months of the dMe ftn indi vidttftlbeeomes employed in thM eftlfteiry The bill vvouM require theseindividuftls to eomplete eontifttling tminmg every 2 yeMs

By imposing the reporting requirements on a new class of personsfor whom failure to report specified conduct is a crime ftftdby imposingne~ trftining reeJtlirements on publie oIgftfiiZMions ineluding loeftlgOvernment entities this bill would impose a state-mandated localprogram

The Cftlifomift Constittltion reqtlires the stMe to reimbtlfse loeftlftgeneies ftnd sehool distriets for eertftin eosts mftftdMed by the stftteStftttltory pItYvisions esffiblish proeedtlfes for mftkffigthftt reimbtlfsement

This bill hould pro vide thM 4vith regMd to eertftin mftftdfttes noIeimbtlfsement is reeJtlired by this ftet for ft speeified reftson

Vith regftM to ftny other mftndMeS this bill vv0tlM pro vide thM if theCommission on StMe ~bndtltes determines thM the bill eontftins eostsso mftndftted by the stftte reimbttIsement for those eosts shftll be mftdeptlfStlftnt to the stftttltory pro visions noted ttbo ve

The California Constitution requires the state to reimburse localagencies and school districts for certain costs mandated by the stateStatutory provisions establish procedures for making thatreimbursement

This bill would provide that no reimbursement is required by this actfor a specified reason

Vote majority Appropriation no Fiscal committee yesState-mandated local program yes

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 111657 of the Penal Code is amended2 to read3 111657 (a) As used in this article mandated reporter is4 defined as any of the following5 (1) A teacher6 (2) An instructional aide7 (3) A teachers aide or teachers assistant employed by any8 public or private schooL9 (4) A classified employee of any public schooL

95

T

5

10

15

20

25

30

35

40

-3- AB 1435

1 (5) An administrative officer or supervisor of child welfare and2 attendance or a certificated pupil personnel employee of any public3 or private school4 (6) An administrator of a public or private day camp

(7) An administrator or employee of a public or private youth6 center youth recreation program or youth organization7 (8) An administrator or employee of a public or private8 organization whose duties require direct contact and supervision9 of children

(9) Any employee of a county office of education or the State11 Department of Education whose duties bring the employee into12 contact with children on a regular basis13 (10) A licensee an administrator or an employee of a licensed14 community care or child day care facility

(11) A Head Start program teacher16 (12) A licensing worker or licensing evaluator employed by a17 licensing agency as defined in Section 111651118 (13) A public assistance worker19 (14) An employee of a child care institution including but not

limited to foster parents group home personnel and personnel of21 residential care facilities22 (15) A social worker probation officer or parole officer23 (16) An employee of a school district police or security24 department

(17) Any person who is an administrator or presenter of or a26 counselor in a child abuse prevention program in any public or27 private school28 (18) A district attorney investigator inspector or local child29 support agency caseworker unless the investigator inspector or

caseworker is working with an attorney appointed pursuant to31 Section 317 of the Welfare and Institutions Code to represent a32 mmor33 (19) A peace officer as defined in Chapter 45 (commencing34 with Section 830) of Title 3 of Part 2 who is not otherwise

described in this section36 (20) A firefighter except for volunteer firefighters37 (21) A physician and surgeon psychiatrist psychologist dentist38 resident intern podiatrist chiropractor licensed nurse dental39 hygienist optometrist marriage and family therapist clinical social

worker professional clinical counselor or any other person who

95

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101112131415161718192021222324252627282930313233343536373839

AB 1435 -4-

is currently licensed under Division 2 (commencing with Section500) of the Business and Professions Code

(22) Any emergency medical technician I or II paramedic orother person certified pursuant to Division 25 (commencing withSection 1797) of the Health and Safety Code

(23) A psychological assistant registered pursuant to Section2913 of the Business and Professions Code

(24) A marriage and family therapist trainee as defined insubdivision (c) of Section 498003 of the Business and ProfessionsCode

(25) An unlicensed marriage and family therapist internregistered under Section 498044 of the Business and ProfessionsCode

(26) A state or county public health employee who treats a minorfor venereal disease or any other condition

(27) A coroner(28) A medical examiner or any other person who performs

autopsies(29) A commercial film and photographic print processor as

specified in subdivision (e) of Section 11166 As used in thisarticle commercial film and photographic print processor meansany person who develops exposed photographic film into negativesslides or prints or who makes prints from negatives or slides forcompensation The term includes any employee of such a personit does not include a person who develops film or makes prints fora public agency

(30) A child visitation monitor As used in this article childvisitation monitor means any person who for financialcompensation acts as monitor of a visit between a child and anyother person when the monitoring of that visit has been orderedby a court of law

(31) An animal control officer or humane society officer Forthe purposes ofthis article the following terms have the followingmeanings

(A) Animal control officer means any person employed by acity county or city and county for the purpose of enforcing animalcontrol laws or regulations

(B) Humane society officer means any person appointed oremployed by a public or private entity as a humane officer who is

95

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10111213141516171819202122232425262728293031323334353637383940

-5- AB 1435

qualified pursuant to Section 14502 or 14503 of the CorporationsCode

(32) A clergy member as specified in subdivision (d) of Section11166 As used in this article clergy member means a priestminister rabbi religious practitioner or similar functionary of achurch temple or recognized denomination or organization

(33) Any custodian of records of a clergy member as specifiedin this section and subdivision (d) of Section 11166

(34) Any employee of any police department county sheriffsdepartment county probation department or county welfaredepartment

(35) An employee or volunteer of a Court Appointed SpecialAdvocate program as defined in Rule 1424 ofthe California Rulesof Court

(36) A custodial officer as defined in Section 8315(37) Any person providing services to a minor child under

Section 12300 or 123001 of the Welfare and Institutions Code(38) An alcohol and drug counselor As used in this article an

alcohol and drug counselor is a person providing counselingtherapy or other clinical services for a state licensed or certifieddrug alcohol or drug and alcohol treatment program Howeveralcohol or drug abuse or both alcohol and drug abuse is not inand of itself a sufficient basis for reporting child abuse or neglect

(39) A clinical counselor trainee as defined in subdivision (g)of Section 499912 of the Business and Professions Code

(40) A clinical counselor intern registered under Section 499942of the Business and Professions Code

(41) An athletic coach athletic administrator or athletic directoremployed by a public or private organization including but notlimited to schools and instittttions of higher e6ueation thatprovidekindergarten or any of grades 1 to 12 inclusive

(b) Except as provided in paragraph (35) of subdivision (a)volunteers of public or private organizations whose duties requiredirect contact with and supervision of children are not mandatedreporters but are encouraged to obtain training in the identificationand reporting of child abuse and neglect and are further encouragedto report known or suspected instances of child abuse or neglectto an agency specified in Section 111659

(c) Employers are strongly encouraged to provide theiremployees who are mandated reporters with training in the duties

95

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101112131415161718192021222324252627282930313233343536373839

AB 1435 -6-

imposed by this article This training shall include training in childabuse and neglect identification and training in child abuse andneglect reporting Whether or not employers provide theiremployees with training in child abuse and neglect identificationand reporting the employers shall provide their employees whoare mandated reporters with the statement required pursuant tosubdivision (a) of Section 111665

(d) School districts that do not train their employees specifiedin subdivision (a) in the duties of mandated reporters under thechild abuse reporting laws shall report to the State Department ofEducation the reasons why this training is not provided

(e) Unless otherwise specifically provided the absence oftraining shall not excuse a mandated reporter from the dutiesimposed by this article

(f) Public and private organizations are encouraged to providetheir volunteers whose duties require direct contact with andsupervision of children with training in the identification andreporting of child abuse and neglect

(g) (1) On 6r befure Jttmtary 1 2014 ttll) pttblie 6r privflie6rganizttti6ftemp16ing ttft Mhletie e6tteh Mhletie ttdmimstrltt6r6r Mhletie direet6r ttSspeeified ift pMttgrttph (41) 6f sttbdivisi6ft(tt) shttll pr6 vide iftitittl trttining f6r th6se empl~ ees 6n thefull6vvingmtttters

(A) The identifiettti6n 6f ehild ttbttse ttnd negleet(D) Aeti vities thttt e6ftstitttte inltppr6prittte ttftd illegttl e6ntttet

betiveen tt 6tlth ltftd ltft ttthietie e6tteh Mhletie ttdmiftistrttt6r 6rttthietie direet6r

(6) The resp6nsibilities 6f tt pers6n identified lIStt mttndfliedrep6rter in this seeti6n ineIttding btl ft6t limited t6 ttll 6f thefull6 vving

(i) T6 ~h6m tt rep6rt is reqtlired t6 be mttde(ii) The inf6rmttti6n thttt is reqttired t6 be ifte1ttdedin tt rep6rt(iii) The time vvithiftvvhieha mandated rep6rter is reqttired t6

file tt rep6rt(2) Initittl training shall be pr6vided b perS6ftSkn6vvledgeltble

ift the identifiettti6n 6fehild aettse ttnd negleet inltppf6prittte ltftdillegal e6ntaet bem eena 6ttth and ltftadttIt ltftdstatttt6ry rep6rtingreqttiremeftts ltftdshttll e6nsist 6ftw6 h6ttrs 6felassr66m 6r 6therinteraetive trainiftg ltftdedttettti6n

95

-7- AB 1435

1 (h) Commeneing on fmd aftel Jfmtlftry12014 fmofgfmization2 speeified in sttbdivision (g) shaHpro ide initial training within six3 months of the date that fm individtutl beeomes empleryed as an4 Mhletie eoaeh athletie administrator or athletie direetor ttnless5 the indi idttal reeei ed training Hithin tw0 years prior to the date6 the indi idtlal is empleryed An Mhletie eoaeh athletie7 administrator or athletie direetor Hho has leeeied initial training8 ptlfStlafttto sttbdiision (g) shall eomplete eontifttling training9 thereafter onee eery two years eonsisting of one hottf of

10 elassroom or other interaeti e training fmd edtteation11 SEC 2 No reimbtlrsement is reqtlired by this aet pttfStlafttto12 Seetion 6 ofArtiele )GIlD of the California Constitution for eertain13 eosts that may be inetllTed by a loeal ageney or sehool distriet14 beeatlse ift that regard this aet ereates a nev erime or infraetion15 eliminates a erime or infraetion or ehfmges the penalty fOfa erime16 or inflaetion Hithin the meaning of Seetion 17556 of the17 Goemment Code or ehanges the definition ofa elime Hithin the18 meaning of Seetion 6 of Aniele XIII D of the Califomia19 Constitution20 IIo~eer if the Commission on State Mfmdates determines that21 this aet eontainsother eosts mfmdated by the state reimbttfsement22 to loeal ageneies fmd sehool distliets for those eosts shall be made23 ptlfStlafttto Part 7 (eommeneing Hith Seetion 17500) of Division24 4 of Title 2 of the Goemment Code25 SEC 2 No reimbursement is required by this act pursuant to26 Section 6 of Article XIII B of the California Constitution because27 the only costs that may be incurred by a local agency or school28 district will be incurred because this act creates a new crime or29 infraction eliminates a crime or infraction or changes thepenalty30 for a crime or infraction within the meaning of Section 17556 of31 the Government Code or changes the definition of a crime within32 the meaning of Section 6 of Article XIII B of the California33 Constitution

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AB 1904 Assembly Bill Status

MEASURE AUTHOR(S)TOPIC

HOUSE

CURRENT BILL STATUS

AB No 1904Block Butler and

Professions and vocationslicenses

LOCATION

Cookmilitary spouses temporary

TYPE OF BILL

SEN

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyAppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpub11-12billasmab _1901-1950ab _1904_ bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes Noes OOPASS17

An act to add Section 1155 to the Business andProfessions Code relating to professions and vocationsand making an appropriation therefor

-

AB 1588 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1588AUTHOR(S) Atkins (Principal coauthors Cook and Nielsen)

(Coauthors Block Beth Gaines Pan V Manuel PerezWilliams and Yamada)

TOPIC Professions and vocations reservist licensees fees andcontinuing education

HOUSE LOCATION SEN+LAST AMENDED DATE 03052012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS forLAST

LAST

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

TITLE An act to add Section 1143 to the Business andProfessions Code relating to professions and vocations

htlpllwwwleginfocagovpubll-12Ibillasmlab _1551-1600ab _1588 _bill_20120601_statu 652012

middot

AMENDED IN ASSEMBLY MARCH 5 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1588

Introduced by Assembly Member Atkins(Principal coauthors Assembly Members Cook and Nielsen)

(Coauthors Assembly Members Block Beth Gaines PanV Manuel Perez Williams and Yamada)

February 6 2012

An act to add Section 1143 to the Business and Professions Coderelating to professions and vocations

LEGISLATIVE COUNSELS DIGEST

AB 1588 as amended Atkins Professions and vocations reservistlicensees fees and continuing education

Existing law provides for the regulation of various professions andvocations by boards commissions or bureaus within the Departmentof Consumer Affairs and for the licensure or registration of individualsin that regard Existing law authorizes any licensee whose licenseexpired while he or she was on active duty as a member of the CaliforniaNational Guard or the United States Armed Forces to reinstate his orher license without examination or penalty if certain requirements aremet

This bill would require the boards commissions or bureaus describedabove to waive the renewal fees and continuing education requirementsif either is applicable of any licensee or registrant who is a reservistcalled to active duty as a member of the United States Military Reserveor the California National Guard if certain requirements are met

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

98

AB 1588 -2-

Thepeople of the State of Califomi a do enact asfollows

1 SECTION 1 Section 1143 is added to the Business and2 Professions Code to read3 1143 Notwithstanding any other provision oflaw everyboard4 commission or bureau within the department shall waive the5 renewal fees and continuing education requirements if either is6 applicable for any licensee or registrant who is a reservist called7 to active duty as a member of the United States Military Reserve8 or the California National Guard if all of the following9 requirements are met

10 (a) The licensee or registrant was in good standing with the11 board commission or bureau at the time the reservist was called12 to active duty13 (b) The renewal fees or continuing education requirements are14 waived only for the period during which the reservist is on active15 duty service16 (c) The active duty reservist or the active duty reservists spouse17 or registered domestic partner provides written notice satisfactory18 to the board commission or bureau that substantiates the19 reservists active duty service

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AB 1896 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1896AUTHOR(S) ChesbroTOPIC Tribal health programs health care practitionersHOUSE LOCATION SEN+LAST AMENDED DATE 03272012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATIONCOMM ACTION DATECOMM ACTIONCOMM VOTE SUMMARY

ASM

05172012Referred to Com on B P amp EDBUSINESS PROFESSIONS AND CONSUMER PROTECTION04102012

Do passAyes 09 Noes OOPASS

TITLE An act to amend the heading of Article 10 (commencingwith Section 710) of Chapter 1 of Division 2 of and toadd Section 719 to the Business and Professions Coderelating to healing arts

httpwwwleginfocagovpubI11-12lbillasmab_1851-1900ab_1896_bill_20120517 _statu 652012

-

AMENDED IN ASSEMBLY MARCH 27 2012

CALIFORNIA LEGISLATURE-20II-12 REGULAR SESSION

ASSEMBLY BILL No 1896

Introduced by Assembly Member Chesbro

February 222012

An act to amend the heading of Article 10 (commencing with Section710) of Chapter 1 of Division 2 of and to add Section 719 to theBusiness and Professions Code relating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1896 as amended Chesbro Tribal health programs health carepractitioners

Under existing federal law licensed health professionals employedby a tribal health program are required to be exempt if licensed in anystate from the licensing requirements of the state in which the tribalhealth program performs specified services A tribal health program isdefined as an Indian tribe or tribal organization that operates any healthprogram service function activity or facility funded in whole or partby the Indian Health Service

Existing law provides for the licensure and regulation of health carepractitioners by various healing arts boards within the Department ofConsumer Affairs

This bill would codify that federal requirement by specifying that aperson who is licensed as a health care practitioner in any other stateand is employed by a tribal health program is exempt from any statelicensing requirement with respect to acts authorized under thepersonslicense where the tribal health program performs specified services

Vote majority Appropriation no Fiscal committee noState-mandated local program no

98

AD 1896 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 The heading of Article 10 (commencing with2 Section 710) of Chapter 1 of Division 2 of the Business and3 Professions Code is amended to read456789

101112131415161718192021

Article 10 Federal Personnel and Tribal Health Programs

SEC 2 Section 719 is added to the Business and ProfessionsCode to read

719 (a) A person who is licensed as a health care practitionerin any other state and is employed by a tribal health program asdefined in Section 1603 of Title 25 of the United States Code shallbe exempt from any licensing requirement described in this divisionwith respect to acts authorized under the persons license wherethe tribal health program performs the services described in thecontract or compact of the tribal health program under the IndianSelf-Determination and Education Assistance Act (25 USC Sec450 et seq)

(b) For purposes of this section health care practitioner meansany person who engages in acts that are the subject of licensureor regulation under this division or Ml) initiative 8et referred to inthis division the law of any other state

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98

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1904

Introduced by Assembly Members Block Butler and Cook

February 222012

An act to add Section 1155 to the Business and Professions Coderelating to professions and vocations and making an appropriationtherefor

LEGISLATIVE COUNSELS DIGEST

AB 1904 as introduced Block Professions and vocations militaryspouses temporary licenses

Existing law provides for the licensure and regulation of variousprofessions and vocations by boards within the Department of ConsumerAffairs Existing law provides for the issuance of reciprocal licenses incertain fields where the applicant among other requirements has alicense to practice within that field in another jurisdiction as specifiedUnder existing law licensing fees imposed by certain boards withinthe department are deposited in funds that are continuously appropriated

This bill would authorize a board within the department to issue atemporary license to an applicant who among other requirements holdsan equivalent license in another jurisdiction as specified and is marriedto or in a legal union with an active duty member of the Armed Forcesofthe United States who is assigned to a duty station in California underofficial active duty military orders The bill would require a board toexpedite the process for issuing these temporary licenses The bill wouldrequire the applicant to pay any fees required by the board and wouldrequire that those fees be deposited in the fund used by the board toadminister its licensing program To the extent that the bill would

99

AB 1904 -2-

increase the amount of money deposited into a continuously appropriatedfund the bill would make an appropriation

Vote majority Appropriation yes Fiscal committee yesState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 1155 is added to the Business and2 Professions Code to read3 1155 (a) A board within the department may issue a4 temporary license to an applicant who meets all of the following5 requirements6 (l) Submits an application in the manner prescribed by the7 board8 (2) Supplies evidence satisfactory to the board that the applicant9 is married to or in a domestic partnership or other legal union

10 with an active duty member of the Armed Forces of the United11 States who is assigned to a duty station in this state under official12 active duty military orders13 (3) Holds a current license in another state district or territory14 of the United States with the requirements that the board determines15 are substantially equivalent to those established under this code16 for that occupation17 (4) Has not committed an act in anyjurisdiction that would have18 constituted grounds for denial suspension or revocation of the19 license under this code at the time the act was committed20 (5) Has not been disciplined by a licensing entity in another21 jurisdiction and is not the subject of an unresolved complaint22 review procedure or disciplinary proceeding conducted by a23 licensing entity in another jurisdiction24 (6) Pays any fees required by the board Those fees shall be25 deposited in the applicable fund or account used by the board to26 administer its licensing program27 (7) Submits fingerprints and any applicable fingerprinting fee28 in the manner required of an applicant for a regular license29 (b) A board shall expedite the procedure for issuing a temporary30 license pursuant to this section31 (c) A temporary license issued under this section shall be valid32 for 180 days except that the license may at the discretion of the

99

-3- AB 1904

I board be extended for an additional180-day period on application2 of the license holder3 (d) A board may adopt regulations necessary to administer this4 section

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99

AB 1932 Assembly Bill Status

MEASURE AUTHOR(S)TOPICHOUSE+LAST

CURRENT BILL STATUS

AB No 1932Gorell (Coauthor Cook)

United States armed services healing arts boardsLOCATION SENAMENDED DATE 04172012

TYPE OF BILL

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpubI11-12Ibillasmab_1901-1950ab_1932_bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

An act to add Section 7102 to the Business andProfessions Code relating to healing arts

-

AMENDED IN ASSEMBLY APRIL 172012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1932

Introduced by Assembly Member-Ceek Gorell(Coauthor Assembly Member Cook)

February 222012

An act to add Section 7102 to the Business and Professions Coderelating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1932 as amended euroook Gorell United States armed serviceshealing arts boards

Existing law provides for the licensure and regulation of varioushealing arts professions and vocations by boards within the Departmentof Consumer Affairs Existing law requires the rules and regulations ofthese healing arts boards to provide for methods of evaluating educationtraining and experience obtained in military service if such training isapplicable to the requirements of the particular profession or vocationregulated by the board Under existing law the Department of VeteransAffairs has specified powers and duties relating to various programsserving veterans

This bill would require by January 12014 and annually thereafterevery healing arts board to issue a specified written report to theDepartment of Veterans Affairs and the Legislature as specified thatclearly details the methods of evaluating the education training andexperience obtained in military service and whether that educationtraining and experience is applicable to the boards requirements forlicensure The bill would declare the intent of the Legislature in thisregard

98

AB 1932 -2-

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 710 of the Business and Professions Code2 was enacted in 1969 and because healing arts boards have not3 demonstrated significant compliance with that section it is the4 intent of the Legislature to establish an annual reporting5 requirement to compel these boards to provide information about6 the methods of evaluating education training and experience7 obtained in military service in order to meet the needs of the8 upcoming wave of armed service members returning to civilian9 life

10 SEC 2 Section 7102 is added to the Business and Professions11 Code to read12 7102 (a) By January 12014 and annually thereafter every13 healing arts board described in this division shall issue a written14 report to the Department of Veterans Affairs and to the Legislature15 that clearly details the methods of evaluating the education16 training and experience obtained in military service and whether17 that education training and experience is applicable to the boards18 requirements for licensure This written report shall include but19 not be limited to quantitative information about the number of20 service members who have applied for and have used their military21 education training and experience to fulfill the boards22 requirements for licensure23 (b) (1) The requirement to submit a report to the Legislature24 under subdivision (a) shall be inoperative on January 1 201825 pursuant to Section 102315 of the Government Code26 (2) A report to the Legislature shall be submitted in compliance27 with Section 9795 of the Government Code

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Page 50: DISCUSSION ANDPOSSIBLE ACTION REGARDING PENDING … · 2012-06-14  · Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of2010 (PublicLaw 111-152)

AB 1205 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1205AUTHOR(S) Bill BerryhillTOPIC Licensed behavior analysts+LAST AMENDED DATE 04042011

TYPE OF BILLInactiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTION

ConstitutionClerk pursuant

COMM LOCATION ASM

02012012Died pursuant to ArtFrom committee Filedto Joint Rule 56APPROPRIATIONS

IV Sec 10(c) of thewith the Chief

TITLE An act to amend Section 499018 of and to add Chapter52 (commencing with Section 252971) to Division 2 ofthe Business and Professions Code relating to healingarts

httpwwwleginfocagovpub11-12billasmab _120 1-1250ab_1205 _bill_20 120201_statu 652012

AB 1435 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1435AUTHOR(S) Dickinson (Coauthors Alejo Buchanan and Hill) TOPIC Child abuse reporting athletic personnelHOUSE LOCATION SEN+LAST AMENDED DATE OS252012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredState-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS for

LASTLAST

APPROPRIATIONSOS252012

Do pass as amendedAyes 17 Noes OOPASS

TITLE An act to amend Section 111657 of the Penal Coderelating to child abuse reporting

httpwww1eginfocagovpub11-12lbiIVasmab_140 1-1450ab _1435 _bill~0120601_statu 652012

AMENDED IN ASSEMBLY MAY 25 2012

AMENDED IN ASSEMBLY MARCH 21 2012

AMENDED IN ASSEMBLY MARCH 142012

AMENDED IN ASSEMBLY FEBRUARY 29 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1435

Introduced by Assembly Member Dickinson(Coauthors Assembly Members Alejo Buchanan and Hill)

January 4 2012

An act to amend Section 111657 of the Penal Code relating to childabuse reporting

LEGISLATIVE COUNSELS DIGEST

AB 1435 as amended Dickinson Child abuse reporting athleticpersonnel

Existing law the Child Abuse and Neglect Reporting Act requiresa mandated reporter as defined to report whenever he or she in his orher professional capacity or within the scope of his or her employmenthas knowledge of or observed a child whom the mandated reporterknows or reasonably suspects has been the victim of child abuse orneglect Failure to report an incident is a crime punishable byimprisonment in a county jail for a period of up to 6 months a fine ofup to $1000 or by both that imprisonment and fine

This bill would add athletic coaches athletic administrators andathletic directors employed by a public or private organization to thelist of individuals who are mandated reporters The bill otlld reqtlirean ptlblie or pri v ate orgflftizationernplo ing flftathletieeoaen Mhletie

95

~

AB 1435 -2-

ftdministrator or Mhletie direetor to hftve provided initiftl trftining byJflfttlM) I 2014 on speeified mfttters relMing to ehiM a-bttse ftftdnegleetfor those employees On ftftd ftfter lftnuftry 12014 the bill vvottld reeJtlireinitiftl trftining to be pro vided IV ithin 6 months of the dMe ftn indi vidttftlbeeomes employed in thM eftlfteiry The bill vvouM require theseindividuftls to eomplete eontifttling tminmg every 2 yeMs

By imposing the reporting requirements on a new class of personsfor whom failure to report specified conduct is a crime ftftdby imposingne~ trftining reeJtlirements on publie oIgftfiiZMions ineluding loeftlgOvernment entities this bill would impose a state-mandated localprogram

The Cftlifomift Constittltion reqtlires the stMe to reimbtlfse loeftlftgeneies ftnd sehool distriets for eertftin eosts mftftdMed by the stftteStftttltory pItYvisions esffiblish proeedtlfes for mftkffigthftt reimbtlfsement

This bill hould pro vide thM 4vith regMd to eertftin mftftdfttes noIeimbtlfsement is reeJtlired by this ftet for ft speeified reftson

Vith regftM to ftny other mftndMeS this bill vv0tlM pro vide thM if theCommission on StMe ~bndtltes determines thM the bill eontftins eostsso mftndftted by the stftte reimbttIsement for those eosts shftll be mftdeptlfStlftnt to the stftttltory pro visions noted ttbo ve

The California Constitution requires the state to reimburse localagencies and school districts for certain costs mandated by the stateStatutory provisions establish procedures for making thatreimbursement

This bill would provide that no reimbursement is required by this actfor a specified reason

Vote majority Appropriation no Fiscal committee yesState-mandated local program yes

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 111657 of the Penal Code is amended2 to read3 111657 (a) As used in this article mandated reporter is4 defined as any of the following5 (1) A teacher6 (2) An instructional aide7 (3) A teachers aide or teachers assistant employed by any8 public or private schooL9 (4) A classified employee of any public schooL

95

T

5

10

15

20

25

30

35

40

-3- AB 1435

1 (5) An administrative officer or supervisor of child welfare and2 attendance or a certificated pupil personnel employee of any public3 or private school4 (6) An administrator of a public or private day camp

(7) An administrator or employee of a public or private youth6 center youth recreation program or youth organization7 (8) An administrator or employee of a public or private8 organization whose duties require direct contact and supervision9 of children

(9) Any employee of a county office of education or the State11 Department of Education whose duties bring the employee into12 contact with children on a regular basis13 (10) A licensee an administrator or an employee of a licensed14 community care or child day care facility

(11) A Head Start program teacher16 (12) A licensing worker or licensing evaluator employed by a17 licensing agency as defined in Section 111651118 (13) A public assistance worker19 (14) An employee of a child care institution including but not

limited to foster parents group home personnel and personnel of21 residential care facilities22 (15) A social worker probation officer or parole officer23 (16) An employee of a school district police or security24 department

(17) Any person who is an administrator or presenter of or a26 counselor in a child abuse prevention program in any public or27 private school28 (18) A district attorney investigator inspector or local child29 support agency caseworker unless the investigator inspector or

caseworker is working with an attorney appointed pursuant to31 Section 317 of the Welfare and Institutions Code to represent a32 mmor33 (19) A peace officer as defined in Chapter 45 (commencing34 with Section 830) of Title 3 of Part 2 who is not otherwise

described in this section36 (20) A firefighter except for volunteer firefighters37 (21) A physician and surgeon psychiatrist psychologist dentist38 resident intern podiatrist chiropractor licensed nurse dental39 hygienist optometrist marriage and family therapist clinical social

worker professional clinical counselor or any other person who

95

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101112131415161718192021222324252627282930313233343536373839

AB 1435 -4-

is currently licensed under Division 2 (commencing with Section500) of the Business and Professions Code

(22) Any emergency medical technician I or II paramedic orother person certified pursuant to Division 25 (commencing withSection 1797) of the Health and Safety Code

(23) A psychological assistant registered pursuant to Section2913 of the Business and Professions Code

(24) A marriage and family therapist trainee as defined insubdivision (c) of Section 498003 of the Business and ProfessionsCode

(25) An unlicensed marriage and family therapist internregistered under Section 498044 of the Business and ProfessionsCode

(26) A state or county public health employee who treats a minorfor venereal disease or any other condition

(27) A coroner(28) A medical examiner or any other person who performs

autopsies(29) A commercial film and photographic print processor as

specified in subdivision (e) of Section 11166 As used in thisarticle commercial film and photographic print processor meansany person who develops exposed photographic film into negativesslides or prints or who makes prints from negatives or slides forcompensation The term includes any employee of such a personit does not include a person who develops film or makes prints fora public agency

(30) A child visitation monitor As used in this article childvisitation monitor means any person who for financialcompensation acts as monitor of a visit between a child and anyother person when the monitoring of that visit has been orderedby a court of law

(31) An animal control officer or humane society officer Forthe purposes ofthis article the following terms have the followingmeanings

(A) Animal control officer means any person employed by acity county or city and county for the purpose of enforcing animalcontrol laws or regulations

(B) Humane society officer means any person appointed oremployed by a public or private entity as a humane officer who is

95

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10111213141516171819202122232425262728293031323334353637383940

-5- AB 1435

qualified pursuant to Section 14502 or 14503 of the CorporationsCode

(32) A clergy member as specified in subdivision (d) of Section11166 As used in this article clergy member means a priestminister rabbi religious practitioner or similar functionary of achurch temple or recognized denomination or organization

(33) Any custodian of records of a clergy member as specifiedin this section and subdivision (d) of Section 11166

(34) Any employee of any police department county sheriffsdepartment county probation department or county welfaredepartment

(35) An employee or volunteer of a Court Appointed SpecialAdvocate program as defined in Rule 1424 ofthe California Rulesof Court

(36) A custodial officer as defined in Section 8315(37) Any person providing services to a minor child under

Section 12300 or 123001 of the Welfare and Institutions Code(38) An alcohol and drug counselor As used in this article an

alcohol and drug counselor is a person providing counselingtherapy or other clinical services for a state licensed or certifieddrug alcohol or drug and alcohol treatment program Howeveralcohol or drug abuse or both alcohol and drug abuse is not inand of itself a sufficient basis for reporting child abuse or neglect

(39) A clinical counselor trainee as defined in subdivision (g)of Section 499912 of the Business and Professions Code

(40) A clinical counselor intern registered under Section 499942of the Business and Professions Code

(41) An athletic coach athletic administrator or athletic directoremployed by a public or private organization including but notlimited to schools and instittttions of higher e6ueation thatprovidekindergarten or any of grades 1 to 12 inclusive

(b) Except as provided in paragraph (35) of subdivision (a)volunteers of public or private organizations whose duties requiredirect contact with and supervision of children are not mandatedreporters but are encouraged to obtain training in the identificationand reporting of child abuse and neglect and are further encouragedto report known or suspected instances of child abuse or neglectto an agency specified in Section 111659

(c) Employers are strongly encouraged to provide theiremployees who are mandated reporters with training in the duties

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AB 1435 -6-

imposed by this article This training shall include training in childabuse and neglect identification and training in child abuse andneglect reporting Whether or not employers provide theiremployees with training in child abuse and neglect identificationand reporting the employers shall provide their employees whoare mandated reporters with the statement required pursuant tosubdivision (a) of Section 111665

(d) School districts that do not train their employees specifiedin subdivision (a) in the duties of mandated reporters under thechild abuse reporting laws shall report to the State Department ofEducation the reasons why this training is not provided

(e) Unless otherwise specifically provided the absence oftraining shall not excuse a mandated reporter from the dutiesimposed by this article

(f) Public and private organizations are encouraged to providetheir volunteers whose duties require direct contact with andsupervision of children with training in the identification andreporting of child abuse and neglect

(g) (1) On 6r befure Jttmtary 1 2014 ttll) pttblie 6r privflie6rganizttti6ftemp16ing ttft Mhletie e6tteh Mhletie ttdmimstrltt6r6r Mhletie direet6r ttSspeeified ift pMttgrttph (41) 6f sttbdivisi6ft(tt) shttll pr6 vide iftitittl trttining f6r th6se empl~ ees 6n thefull6vvingmtttters

(A) The identifiettti6n 6f ehild ttbttse ttnd negleet(D) Aeti vities thttt e6ftstitttte inltppr6prittte ttftd illegttl e6ntttet

betiveen tt 6tlth ltftd ltft ttthietie e6tteh Mhletie ttdmiftistrttt6r 6rttthietie direet6r

(6) The resp6nsibilities 6f tt pers6n identified lIStt mttndfliedrep6rter in this seeti6n ineIttding btl ft6t limited t6 ttll 6f thefull6 vving

(i) T6 ~h6m tt rep6rt is reqtlired t6 be mttde(ii) The inf6rmttti6n thttt is reqttired t6 be ifte1ttdedin tt rep6rt(iii) The time vvithiftvvhieha mandated rep6rter is reqttired t6

file tt rep6rt(2) Initittl training shall be pr6vided b perS6ftSkn6vvledgeltble

ift the identifiettti6n 6fehild aettse ttnd negleet inltppf6prittte ltftdillegal e6ntaet bem eena 6ttth and ltftadttIt ltftdstatttt6ry rep6rtingreqttiremeftts ltftdshttll e6nsist 6ftw6 h6ttrs 6felassr66m 6r 6therinteraetive trainiftg ltftdedttettti6n

95

-7- AB 1435

1 (h) Commeneing on fmd aftel Jfmtlftry12014 fmofgfmization2 speeified in sttbdivision (g) shaHpro ide initial training within six3 months of the date that fm individtutl beeomes empleryed as an4 Mhletie eoaeh athletie administrator or athletie direetor ttnless5 the indi idttal reeei ed training Hithin tw0 years prior to the date6 the indi idtlal is empleryed An Mhletie eoaeh athletie7 administrator or athletie direetor Hho has leeeied initial training8 ptlfStlafttto sttbdiision (g) shall eomplete eontifttling training9 thereafter onee eery two years eonsisting of one hottf of

10 elassroom or other interaeti e training fmd edtteation11 SEC 2 No reimbtlrsement is reqtlired by this aet pttfStlafttto12 Seetion 6 ofArtiele )GIlD of the California Constitution for eertain13 eosts that may be inetllTed by a loeal ageney or sehool distriet14 beeatlse ift that regard this aet ereates a nev erime or infraetion15 eliminates a erime or infraetion or ehfmges the penalty fOfa erime16 or inflaetion Hithin the meaning of Seetion 17556 of the17 Goemment Code or ehanges the definition ofa elime Hithin the18 meaning of Seetion 6 of Aniele XIII D of the Califomia19 Constitution20 IIo~eer if the Commission on State Mfmdates determines that21 this aet eontainsother eosts mfmdated by the state reimbttfsement22 to loeal ageneies fmd sehool distliets for those eosts shall be made23 ptlfStlafttto Part 7 (eommeneing Hith Seetion 17500) of Division24 4 of Title 2 of the Goemment Code25 SEC 2 No reimbursement is required by this act pursuant to26 Section 6 of Article XIII B of the California Constitution because27 the only costs that may be incurred by a local agency or school28 district will be incurred because this act creates a new crime or29 infraction eliminates a crime or infraction or changes thepenalty30 for a crime or infraction within the meaning of Section 17556 of31 the Government Code or changes the definition of a crime within32 the meaning of Section 6 of Article XIII B of the California33 Constitution

o

95

AB 1904 Assembly Bill Status

MEASURE AUTHOR(S)TOPIC

HOUSE

CURRENT BILL STATUS

AB No 1904Block Butler and

Professions and vocationslicenses

LOCATION

Cookmilitary spouses temporary

TYPE OF BILL

SEN

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyAppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpub11-12billasmab _1901-1950ab _1904_ bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes Noes OOPASS17

An act to add Section 1155 to the Business andProfessions Code relating to professions and vocationsand making an appropriation therefor

-

AB 1588 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1588AUTHOR(S) Atkins (Principal coauthors Cook and Nielsen)

(Coauthors Block Beth Gaines Pan V Manuel PerezWilliams and Yamada)

TOPIC Professions and vocations reservist licensees fees andcontinuing education

HOUSE LOCATION SEN+LAST AMENDED DATE 03052012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS forLAST

LAST

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

TITLE An act to add Section 1143 to the Business andProfessions Code relating to professions and vocations

htlpllwwwleginfocagovpubll-12Ibillasmlab _1551-1600ab _1588 _bill_20120601_statu 652012

middot

AMENDED IN ASSEMBLY MARCH 5 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1588

Introduced by Assembly Member Atkins(Principal coauthors Assembly Members Cook and Nielsen)

(Coauthors Assembly Members Block Beth Gaines PanV Manuel Perez Williams and Yamada)

February 6 2012

An act to add Section 1143 to the Business and Professions Coderelating to professions and vocations

LEGISLATIVE COUNSELS DIGEST

AB 1588 as amended Atkins Professions and vocations reservistlicensees fees and continuing education

Existing law provides for the regulation of various professions andvocations by boards commissions or bureaus within the Departmentof Consumer Affairs and for the licensure or registration of individualsin that regard Existing law authorizes any licensee whose licenseexpired while he or she was on active duty as a member of the CaliforniaNational Guard or the United States Armed Forces to reinstate his orher license without examination or penalty if certain requirements aremet

This bill would require the boards commissions or bureaus describedabove to waive the renewal fees and continuing education requirementsif either is applicable of any licensee or registrant who is a reservistcalled to active duty as a member of the United States Military Reserveor the California National Guard if certain requirements are met

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

98

AB 1588 -2-

Thepeople of the State of Califomi a do enact asfollows

1 SECTION 1 Section 1143 is added to the Business and2 Professions Code to read3 1143 Notwithstanding any other provision oflaw everyboard4 commission or bureau within the department shall waive the5 renewal fees and continuing education requirements if either is6 applicable for any licensee or registrant who is a reservist called7 to active duty as a member of the United States Military Reserve8 or the California National Guard if all of the following9 requirements are met

10 (a) The licensee or registrant was in good standing with the11 board commission or bureau at the time the reservist was called12 to active duty13 (b) The renewal fees or continuing education requirements are14 waived only for the period during which the reservist is on active15 duty service16 (c) The active duty reservist or the active duty reservists spouse17 or registered domestic partner provides written notice satisfactory18 to the board commission or bureau that substantiates the19 reservists active duty service

o

98

AB 1896 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1896AUTHOR(S) ChesbroTOPIC Tribal health programs health care practitionersHOUSE LOCATION SEN+LAST AMENDED DATE 03272012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATIONCOMM ACTION DATECOMM ACTIONCOMM VOTE SUMMARY

ASM

05172012Referred to Com on B P amp EDBUSINESS PROFESSIONS AND CONSUMER PROTECTION04102012

Do passAyes 09 Noes OOPASS

TITLE An act to amend the heading of Article 10 (commencingwith Section 710) of Chapter 1 of Division 2 of and toadd Section 719 to the Business and Professions Coderelating to healing arts

httpwwwleginfocagovpubI11-12lbillasmab_1851-1900ab_1896_bill_20120517 _statu 652012

-

AMENDED IN ASSEMBLY MARCH 27 2012

CALIFORNIA LEGISLATURE-20II-12 REGULAR SESSION

ASSEMBLY BILL No 1896

Introduced by Assembly Member Chesbro

February 222012

An act to amend the heading of Article 10 (commencing with Section710) of Chapter 1 of Division 2 of and to add Section 719 to theBusiness and Professions Code relating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1896 as amended Chesbro Tribal health programs health carepractitioners

Under existing federal law licensed health professionals employedby a tribal health program are required to be exempt if licensed in anystate from the licensing requirements of the state in which the tribalhealth program performs specified services A tribal health program isdefined as an Indian tribe or tribal organization that operates any healthprogram service function activity or facility funded in whole or partby the Indian Health Service

Existing law provides for the licensure and regulation of health carepractitioners by various healing arts boards within the Department ofConsumer Affairs

This bill would codify that federal requirement by specifying that aperson who is licensed as a health care practitioner in any other stateand is employed by a tribal health program is exempt from any statelicensing requirement with respect to acts authorized under thepersonslicense where the tribal health program performs specified services

Vote majority Appropriation no Fiscal committee noState-mandated local program no

98

AD 1896 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 The heading of Article 10 (commencing with2 Section 710) of Chapter 1 of Division 2 of the Business and3 Professions Code is amended to read456789

101112131415161718192021

Article 10 Federal Personnel and Tribal Health Programs

SEC 2 Section 719 is added to the Business and ProfessionsCode to read

719 (a) A person who is licensed as a health care practitionerin any other state and is employed by a tribal health program asdefined in Section 1603 of Title 25 of the United States Code shallbe exempt from any licensing requirement described in this divisionwith respect to acts authorized under the persons license wherethe tribal health program performs the services described in thecontract or compact of the tribal health program under the IndianSelf-Determination and Education Assistance Act (25 USC Sec450 et seq)

(b) For purposes of this section health care practitioner meansany person who engages in acts that are the subject of licensureor regulation under this division or Ml) initiative 8et referred to inthis division the law of any other state

o

98

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1904

Introduced by Assembly Members Block Butler and Cook

February 222012

An act to add Section 1155 to the Business and Professions Coderelating to professions and vocations and making an appropriationtherefor

LEGISLATIVE COUNSELS DIGEST

AB 1904 as introduced Block Professions and vocations militaryspouses temporary licenses

Existing law provides for the licensure and regulation of variousprofessions and vocations by boards within the Department of ConsumerAffairs Existing law provides for the issuance of reciprocal licenses incertain fields where the applicant among other requirements has alicense to practice within that field in another jurisdiction as specifiedUnder existing law licensing fees imposed by certain boards withinthe department are deposited in funds that are continuously appropriated

This bill would authorize a board within the department to issue atemporary license to an applicant who among other requirements holdsan equivalent license in another jurisdiction as specified and is marriedto or in a legal union with an active duty member of the Armed Forcesofthe United States who is assigned to a duty station in California underofficial active duty military orders The bill would require a board toexpedite the process for issuing these temporary licenses The bill wouldrequire the applicant to pay any fees required by the board and wouldrequire that those fees be deposited in the fund used by the board toadminister its licensing program To the extent that the bill would

99

AB 1904 -2-

increase the amount of money deposited into a continuously appropriatedfund the bill would make an appropriation

Vote majority Appropriation yes Fiscal committee yesState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 1155 is added to the Business and2 Professions Code to read3 1155 (a) A board within the department may issue a4 temporary license to an applicant who meets all of the following5 requirements6 (l) Submits an application in the manner prescribed by the7 board8 (2) Supplies evidence satisfactory to the board that the applicant9 is married to or in a domestic partnership or other legal union

10 with an active duty member of the Armed Forces of the United11 States who is assigned to a duty station in this state under official12 active duty military orders13 (3) Holds a current license in another state district or territory14 of the United States with the requirements that the board determines15 are substantially equivalent to those established under this code16 for that occupation17 (4) Has not committed an act in anyjurisdiction that would have18 constituted grounds for denial suspension or revocation of the19 license under this code at the time the act was committed20 (5) Has not been disciplined by a licensing entity in another21 jurisdiction and is not the subject of an unresolved complaint22 review procedure or disciplinary proceeding conducted by a23 licensing entity in another jurisdiction24 (6) Pays any fees required by the board Those fees shall be25 deposited in the applicable fund or account used by the board to26 administer its licensing program27 (7) Submits fingerprints and any applicable fingerprinting fee28 in the manner required of an applicant for a regular license29 (b) A board shall expedite the procedure for issuing a temporary30 license pursuant to this section31 (c) A temporary license issued under this section shall be valid32 for 180 days except that the license may at the discretion of the

99

-3- AB 1904

I board be extended for an additional180-day period on application2 of the license holder3 (d) A board may adopt regulations necessary to administer this4 section

o

99

AB 1932 Assembly Bill Status

MEASURE AUTHOR(S)TOPICHOUSE+LAST

CURRENT BILL STATUS

AB No 1932Gorell (Coauthor Cook)

United States armed services healing arts boardsLOCATION SENAMENDED DATE 04172012

TYPE OF BILL

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpubI11-12Ibillasmab_1901-1950ab_1932_bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

An act to add Section 7102 to the Business andProfessions Code relating to healing arts

-

AMENDED IN ASSEMBLY APRIL 172012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1932

Introduced by Assembly Member-Ceek Gorell(Coauthor Assembly Member Cook)

February 222012

An act to add Section 7102 to the Business and Professions Coderelating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1932 as amended euroook Gorell United States armed serviceshealing arts boards

Existing law provides for the licensure and regulation of varioushealing arts professions and vocations by boards within the Departmentof Consumer Affairs Existing law requires the rules and regulations ofthese healing arts boards to provide for methods of evaluating educationtraining and experience obtained in military service if such training isapplicable to the requirements of the particular profession or vocationregulated by the board Under existing law the Department of VeteransAffairs has specified powers and duties relating to various programsserving veterans

This bill would require by January 12014 and annually thereafterevery healing arts board to issue a specified written report to theDepartment of Veterans Affairs and the Legislature as specified thatclearly details the methods of evaluating the education training andexperience obtained in military service and whether that educationtraining and experience is applicable to the boards requirements forlicensure The bill would declare the intent of the Legislature in thisregard

98

AB 1932 -2-

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 710 of the Business and Professions Code2 was enacted in 1969 and because healing arts boards have not3 demonstrated significant compliance with that section it is the4 intent of the Legislature to establish an annual reporting5 requirement to compel these boards to provide information about6 the methods of evaluating education training and experience7 obtained in military service in order to meet the needs of the8 upcoming wave of armed service members returning to civilian9 life

10 SEC 2 Section 7102 is added to the Business and Professions11 Code to read12 7102 (a) By January 12014 and annually thereafter every13 healing arts board described in this division shall issue a written14 report to the Department of Veterans Affairs and to the Legislature15 that clearly details the methods of evaluating the education16 training and experience obtained in military service and whether17 that education training and experience is applicable to the boards18 requirements for licensure This written report shall include but19 not be limited to quantitative information about the number of20 service members who have applied for and have used their military21 education training and experience to fulfill the boards22 requirements for licensure23 (b) (1) The requirement to submit a report to the Legislature24 under subdivision (a) shall be inoperative on January 1 201825 pursuant to Section 102315 of the Government Code26 (2) A report to the Legislature shall be submitted in compliance27 with Section 9795 of the Government Code

o

98

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      • AGENDA ITEM 4
      • DISCUSSION AND POSSIBLE ACTION REGARDING PENDING LEGISLATION
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Page 51: DISCUSSION ANDPOSSIBLE ACTION REGARDING PENDING … · 2012-06-14  · Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of2010 (PublicLaw 111-152)

AB 1435 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1435AUTHOR(S) Dickinson (Coauthors Alejo Buchanan and Hill) TOPIC Child abuse reporting athletic personnelHOUSE LOCATION SEN+LAST AMENDED DATE OS252012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredState-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS for

LASTLAST

APPROPRIATIONSOS252012

Do pass as amendedAyes 17 Noes OOPASS

TITLE An act to amend Section 111657 of the Penal Coderelating to child abuse reporting

httpwww1eginfocagovpub11-12lbiIVasmab_140 1-1450ab _1435 _bill~0120601_statu 652012

AMENDED IN ASSEMBLY MAY 25 2012

AMENDED IN ASSEMBLY MARCH 21 2012

AMENDED IN ASSEMBLY MARCH 142012

AMENDED IN ASSEMBLY FEBRUARY 29 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1435

Introduced by Assembly Member Dickinson(Coauthors Assembly Members Alejo Buchanan and Hill)

January 4 2012

An act to amend Section 111657 of the Penal Code relating to childabuse reporting

LEGISLATIVE COUNSELS DIGEST

AB 1435 as amended Dickinson Child abuse reporting athleticpersonnel

Existing law the Child Abuse and Neglect Reporting Act requiresa mandated reporter as defined to report whenever he or she in his orher professional capacity or within the scope of his or her employmenthas knowledge of or observed a child whom the mandated reporterknows or reasonably suspects has been the victim of child abuse orneglect Failure to report an incident is a crime punishable byimprisonment in a county jail for a period of up to 6 months a fine ofup to $1000 or by both that imprisonment and fine

This bill would add athletic coaches athletic administrators andathletic directors employed by a public or private organization to thelist of individuals who are mandated reporters The bill otlld reqtlirean ptlblie or pri v ate orgflftizationernplo ing flftathletieeoaen Mhletie

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AB 1435 -2-

ftdministrator or Mhletie direetor to hftve provided initiftl trftining byJflfttlM) I 2014 on speeified mfttters relMing to ehiM a-bttse ftftdnegleetfor those employees On ftftd ftfter lftnuftry 12014 the bill vvottld reeJtlireinitiftl trftining to be pro vided IV ithin 6 months of the dMe ftn indi vidttftlbeeomes employed in thM eftlfteiry The bill vvouM require theseindividuftls to eomplete eontifttling tminmg every 2 yeMs

By imposing the reporting requirements on a new class of personsfor whom failure to report specified conduct is a crime ftftdby imposingne~ trftining reeJtlirements on publie oIgftfiiZMions ineluding loeftlgOvernment entities this bill would impose a state-mandated localprogram

The Cftlifomift Constittltion reqtlires the stMe to reimbtlfse loeftlftgeneies ftnd sehool distriets for eertftin eosts mftftdMed by the stftteStftttltory pItYvisions esffiblish proeedtlfes for mftkffigthftt reimbtlfsement

This bill hould pro vide thM 4vith regMd to eertftin mftftdfttes noIeimbtlfsement is reeJtlired by this ftet for ft speeified reftson

Vith regftM to ftny other mftndMeS this bill vv0tlM pro vide thM if theCommission on StMe ~bndtltes determines thM the bill eontftins eostsso mftndftted by the stftte reimbttIsement for those eosts shftll be mftdeptlfStlftnt to the stftttltory pro visions noted ttbo ve

The California Constitution requires the state to reimburse localagencies and school districts for certain costs mandated by the stateStatutory provisions establish procedures for making thatreimbursement

This bill would provide that no reimbursement is required by this actfor a specified reason

Vote majority Appropriation no Fiscal committee yesState-mandated local program yes

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 111657 of the Penal Code is amended2 to read3 111657 (a) As used in this article mandated reporter is4 defined as any of the following5 (1) A teacher6 (2) An instructional aide7 (3) A teachers aide or teachers assistant employed by any8 public or private schooL9 (4) A classified employee of any public schooL

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10

15

20

25

30

35

40

-3- AB 1435

1 (5) An administrative officer or supervisor of child welfare and2 attendance or a certificated pupil personnel employee of any public3 or private school4 (6) An administrator of a public or private day camp

(7) An administrator or employee of a public or private youth6 center youth recreation program or youth organization7 (8) An administrator or employee of a public or private8 organization whose duties require direct contact and supervision9 of children

(9) Any employee of a county office of education or the State11 Department of Education whose duties bring the employee into12 contact with children on a regular basis13 (10) A licensee an administrator or an employee of a licensed14 community care or child day care facility

(11) A Head Start program teacher16 (12) A licensing worker or licensing evaluator employed by a17 licensing agency as defined in Section 111651118 (13) A public assistance worker19 (14) An employee of a child care institution including but not

limited to foster parents group home personnel and personnel of21 residential care facilities22 (15) A social worker probation officer or parole officer23 (16) An employee of a school district police or security24 department

(17) Any person who is an administrator or presenter of or a26 counselor in a child abuse prevention program in any public or27 private school28 (18) A district attorney investigator inspector or local child29 support agency caseworker unless the investigator inspector or

caseworker is working with an attorney appointed pursuant to31 Section 317 of the Welfare and Institutions Code to represent a32 mmor33 (19) A peace officer as defined in Chapter 45 (commencing34 with Section 830) of Title 3 of Part 2 who is not otherwise

described in this section36 (20) A firefighter except for volunteer firefighters37 (21) A physician and surgeon psychiatrist psychologist dentist38 resident intern podiatrist chiropractor licensed nurse dental39 hygienist optometrist marriage and family therapist clinical social

worker professional clinical counselor or any other person who

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AB 1435 -4-

is currently licensed under Division 2 (commencing with Section500) of the Business and Professions Code

(22) Any emergency medical technician I or II paramedic orother person certified pursuant to Division 25 (commencing withSection 1797) of the Health and Safety Code

(23) A psychological assistant registered pursuant to Section2913 of the Business and Professions Code

(24) A marriage and family therapist trainee as defined insubdivision (c) of Section 498003 of the Business and ProfessionsCode

(25) An unlicensed marriage and family therapist internregistered under Section 498044 of the Business and ProfessionsCode

(26) A state or county public health employee who treats a minorfor venereal disease or any other condition

(27) A coroner(28) A medical examiner or any other person who performs

autopsies(29) A commercial film and photographic print processor as

specified in subdivision (e) of Section 11166 As used in thisarticle commercial film and photographic print processor meansany person who develops exposed photographic film into negativesslides or prints or who makes prints from negatives or slides forcompensation The term includes any employee of such a personit does not include a person who develops film or makes prints fora public agency

(30) A child visitation monitor As used in this article childvisitation monitor means any person who for financialcompensation acts as monitor of a visit between a child and anyother person when the monitoring of that visit has been orderedby a court of law

(31) An animal control officer or humane society officer Forthe purposes ofthis article the following terms have the followingmeanings

(A) Animal control officer means any person employed by acity county or city and county for the purpose of enforcing animalcontrol laws or regulations

(B) Humane society officer means any person appointed oremployed by a public or private entity as a humane officer who is

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-5- AB 1435

qualified pursuant to Section 14502 or 14503 of the CorporationsCode

(32) A clergy member as specified in subdivision (d) of Section11166 As used in this article clergy member means a priestminister rabbi religious practitioner or similar functionary of achurch temple or recognized denomination or organization

(33) Any custodian of records of a clergy member as specifiedin this section and subdivision (d) of Section 11166

(34) Any employee of any police department county sheriffsdepartment county probation department or county welfaredepartment

(35) An employee or volunteer of a Court Appointed SpecialAdvocate program as defined in Rule 1424 ofthe California Rulesof Court

(36) A custodial officer as defined in Section 8315(37) Any person providing services to a minor child under

Section 12300 or 123001 of the Welfare and Institutions Code(38) An alcohol and drug counselor As used in this article an

alcohol and drug counselor is a person providing counselingtherapy or other clinical services for a state licensed or certifieddrug alcohol or drug and alcohol treatment program Howeveralcohol or drug abuse or both alcohol and drug abuse is not inand of itself a sufficient basis for reporting child abuse or neglect

(39) A clinical counselor trainee as defined in subdivision (g)of Section 499912 of the Business and Professions Code

(40) A clinical counselor intern registered under Section 499942of the Business and Professions Code

(41) An athletic coach athletic administrator or athletic directoremployed by a public or private organization including but notlimited to schools and instittttions of higher e6ueation thatprovidekindergarten or any of grades 1 to 12 inclusive

(b) Except as provided in paragraph (35) of subdivision (a)volunteers of public or private organizations whose duties requiredirect contact with and supervision of children are not mandatedreporters but are encouraged to obtain training in the identificationand reporting of child abuse and neglect and are further encouragedto report known or suspected instances of child abuse or neglectto an agency specified in Section 111659

(c) Employers are strongly encouraged to provide theiremployees who are mandated reporters with training in the duties

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AB 1435 -6-

imposed by this article This training shall include training in childabuse and neglect identification and training in child abuse andneglect reporting Whether or not employers provide theiremployees with training in child abuse and neglect identificationand reporting the employers shall provide their employees whoare mandated reporters with the statement required pursuant tosubdivision (a) of Section 111665

(d) School districts that do not train their employees specifiedin subdivision (a) in the duties of mandated reporters under thechild abuse reporting laws shall report to the State Department ofEducation the reasons why this training is not provided

(e) Unless otherwise specifically provided the absence oftraining shall not excuse a mandated reporter from the dutiesimposed by this article

(f) Public and private organizations are encouraged to providetheir volunteers whose duties require direct contact with andsupervision of children with training in the identification andreporting of child abuse and neglect

(g) (1) On 6r befure Jttmtary 1 2014 ttll) pttblie 6r privflie6rganizttti6ftemp16ing ttft Mhletie e6tteh Mhletie ttdmimstrltt6r6r Mhletie direet6r ttSspeeified ift pMttgrttph (41) 6f sttbdivisi6ft(tt) shttll pr6 vide iftitittl trttining f6r th6se empl~ ees 6n thefull6vvingmtttters

(A) The identifiettti6n 6f ehild ttbttse ttnd negleet(D) Aeti vities thttt e6ftstitttte inltppr6prittte ttftd illegttl e6ntttet

betiveen tt 6tlth ltftd ltft ttthietie e6tteh Mhletie ttdmiftistrttt6r 6rttthietie direet6r

(6) The resp6nsibilities 6f tt pers6n identified lIStt mttndfliedrep6rter in this seeti6n ineIttding btl ft6t limited t6 ttll 6f thefull6 vving

(i) T6 ~h6m tt rep6rt is reqtlired t6 be mttde(ii) The inf6rmttti6n thttt is reqttired t6 be ifte1ttdedin tt rep6rt(iii) The time vvithiftvvhieha mandated rep6rter is reqttired t6

file tt rep6rt(2) Initittl training shall be pr6vided b perS6ftSkn6vvledgeltble

ift the identifiettti6n 6fehild aettse ttnd negleet inltppf6prittte ltftdillegal e6ntaet bem eena 6ttth and ltftadttIt ltftdstatttt6ry rep6rtingreqttiremeftts ltftdshttll e6nsist 6ftw6 h6ttrs 6felassr66m 6r 6therinteraetive trainiftg ltftdedttettti6n

95

-7- AB 1435

1 (h) Commeneing on fmd aftel Jfmtlftry12014 fmofgfmization2 speeified in sttbdivision (g) shaHpro ide initial training within six3 months of the date that fm individtutl beeomes empleryed as an4 Mhletie eoaeh athletie administrator or athletie direetor ttnless5 the indi idttal reeei ed training Hithin tw0 years prior to the date6 the indi idtlal is empleryed An Mhletie eoaeh athletie7 administrator or athletie direetor Hho has leeeied initial training8 ptlfStlafttto sttbdiision (g) shall eomplete eontifttling training9 thereafter onee eery two years eonsisting of one hottf of

10 elassroom or other interaeti e training fmd edtteation11 SEC 2 No reimbtlrsement is reqtlired by this aet pttfStlafttto12 Seetion 6 ofArtiele )GIlD of the California Constitution for eertain13 eosts that may be inetllTed by a loeal ageney or sehool distriet14 beeatlse ift that regard this aet ereates a nev erime or infraetion15 eliminates a erime or infraetion or ehfmges the penalty fOfa erime16 or inflaetion Hithin the meaning of Seetion 17556 of the17 Goemment Code or ehanges the definition ofa elime Hithin the18 meaning of Seetion 6 of Aniele XIII D of the Califomia19 Constitution20 IIo~eer if the Commission on State Mfmdates determines that21 this aet eontainsother eosts mfmdated by the state reimbttfsement22 to loeal ageneies fmd sehool distliets for those eosts shall be made23 ptlfStlafttto Part 7 (eommeneing Hith Seetion 17500) of Division24 4 of Title 2 of the Goemment Code25 SEC 2 No reimbursement is required by this act pursuant to26 Section 6 of Article XIII B of the California Constitution because27 the only costs that may be incurred by a local agency or school28 district will be incurred because this act creates a new crime or29 infraction eliminates a crime or infraction or changes thepenalty30 for a crime or infraction within the meaning of Section 17556 of31 the Government Code or changes the definition of a crime within32 the meaning of Section 6 of Article XIII B of the California33 Constitution

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AB 1904 Assembly Bill Status

MEASURE AUTHOR(S)TOPIC

HOUSE

CURRENT BILL STATUS

AB No 1904Block Butler and

Professions and vocationslicenses

LOCATION

Cookmilitary spouses temporary

TYPE OF BILL

SEN

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyAppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpub11-12billasmab _1901-1950ab _1904_ bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes Noes OOPASS17

An act to add Section 1155 to the Business andProfessions Code relating to professions and vocationsand making an appropriation therefor

-

AB 1588 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1588AUTHOR(S) Atkins (Principal coauthors Cook and Nielsen)

(Coauthors Block Beth Gaines Pan V Manuel PerezWilliams and Yamada)

TOPIC Professions and vocations reservist licensees fees andcontinuing education

HOUSE LOCATION SEN+LAST AMENDED DATE 03052012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS forLAST

LAST

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

TITLE An act to add Section 1143 to the Business andProfessions Code relating to professions and vocations

htlpllwwwleginfocagovpubll-12Ibillasmlab _1551-1600ab _1588 _bill_20120601_statu 652012

middot

AMENDED IN ASSEMBLY MARCH 5 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1588

Introduced by Assembly Member Atkins(Principal coauthors Assembly Members Cook and Nielsen)

(Coauthors Assembly Members Block Beth Gaines PanV Manuel Perez Williams and Yamada)

February 6 2012

An act to add Section 1143 to the Business and Professions Coderelating to professions and vocations

LEGISLATIVE COUNSELS DIGEST

AB 1588 as amended Atkins Professions and vocations reservistlicensees fees and continuing education

Existing law provides for the regulation of various professions andvocations by boards commissions or bureaus within the Departmentof Consumer Affairs and for the licensure or registration of individualsin that regard Existing law authorizes any licensee whose licenseexpired while he or she was on active duty as a member of the CaliforniaNational Guard or the United States Armed Forces to reinstate his orher license without examination or penalty if certain requirements aremet

This bill would require the boards commissions or bureaus describedabove to waive the renewal fees and continuing education requirementsif either is applicable of any licensee or registrant who is a reservistcalled to active duty as a member of the United States Military Reserveor the California National Guard if certain requirements are met

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

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AB 1588 -2-

Thepeople of the State of Califomi a do enact asfollows

1 SECTION 1 Section 1143 is added to the Business and2 Professions Code to read3 1143 Notwithstanding any other provision oflaw everyboard4 commission or bureau within the department shall waive the5 renewal fees and continuing education requirements if either is6 applicable for any licensee or registrant who is a reservist called7 to active duty as a member of the United States Military Reserve8 or the California National Guard if all of the following9 requirements are met

10 (a) The licensee or registrant was in good standing with the11 board commission or bureau at the time the reservist was called12 to active duty13 (b) The renewal fees or continuing education requirements are14 waived only for the period during which the reservist is on active15 duty service16 (c) The active duty reservist or the active duty reservists spouse17 or registered domestic partner provides written notice satisfactory18 to the board commission or bureau that substantiates the19 reservists active duty service

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AB 1896 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1896AUTHOR(S) ChesbroTOPIC Tribal health programs health care practitionersHOUSE LOCATION SEN+LAST AMENDED DATE 03272012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATIONCOMM ACTION DATECOMM ACTIONCOMM VOTE SUMMARY

ASM

05172012Referred to Com on B P amp EDBUSINESS PROFESSIONS AND CONSUMER PROTECTION04102012

Do passAyes 09 Noes OOPASS

TITLE An act to amend the heading of Article 10 (commencingwith Section 710) of Chapter 1 of Division 2 of and toadd Section 719 to the Business and Professions Coderelating to healing arts

httpwwwleginfocagovpubI11-12lbillasmab_1851-1900ab_1896_bill_20120517 _statu 652012

-

AMENDED IN ASSEMBLY MARCH 27 2012

CALIFORNIA LEGISLATURE-20II-12 REGULAR SESSION

ASSEMBLY BILL No 1896

Introduced by Assembly Member Chesbro

February 222012

An act to amend the heading of Article 10 (commencing with Section710) of Chapter 1 of Division 2 of and to add Section 719 to theBusiness and Professions Code relating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1896 as amended Chesbro Tribal health programs health carepractitioners

Under existing federal law licensed health professionals employedby a tribal health program are required to be exempt if licensed in anystate from the licensing requirements of the state in which the tribalhealth program performs specified services A tribal health program isdefined as an Indian tribe or tribal organization that operates any healthprogram service function activity or facility funded in whole or partby the Indian Health Service

Existing law provides for the licensure and regulation of health carepractitioners by various healing arts boards within the Department ofConsumer Affairs

This bill would codify that federal requirement by specifying that aperson who is licensed as a health care practitioner in any other stateand is employed by a tribal health program is exempt from any statelicensing requirement with respect to acts authorized under thepersonslicense where the tribal health program performs specified services

Vote majority Appropriation no Fiscal committee noState-mandated local program no

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AD 1896 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 The heading of Article 10 (commencing with2 Section 710) of Chapter 1 of Division 2 of the Business and3 Professions Code is amended to read456789

101112131415161718192021

Article 10 Federal Personnel and Tribal Health Programs

SEC 2 Section 719 is added to the Business and ProfessionsCode to read

719 (a) A person who is licensed as a health care practitionerin any other state and is employed by a tribal health program asdefined in Section 1603 of Title 25 of the United States Code shallbe exempt from any licensing requirement described in this divisionwith respect to acts authorized under the persons license wherethe tribal health program performs the services described in thecontract or compact of the tribal health program under the IndianSelf-Determination and Education Assistance Act (25 USC Sec450 et seq)

(b) For purposes of this section health care practitioner meansany person who engages in acts that are the subject of licensureor regulation under this division or Ml) initiative 8et referred to inthis division the law of any other state

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CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1904

Introduced by Assembly Members Block Butler and Cook

February 222012

An act to add Section 1155 to the Business and Professions Coderelating to professions and vocations and making an appropriationtherefor

LEGISLATIVE COUNSELS DIGEST

AB 1904 as introduced Block Professions and vocations militaryspouses temporary licenses

Existing law provides for the licensure and regulation of variousprofessions and vocations by boards within the Department of ConsumerAffairs Existing law provides for the issuance of reciprocal licenses incertain fields where the applicant among other requirements has alicense to practice within that field in another jurisdiction as specifiedUnder existing law licensing fees imposed by certain boards withinthe department are deposited in funds that are continuously appropriated

This bill would authorize a board within the department to issue atemporary license to an applicant who among other requirements holdsan equivalent license in another jurisdiction as specified and is marriedto or in a legal union with an active duty member of the Armed Forcesofthe United States who is assigned to a duty station in California underofficial active duty military orders The bill would require a board toexpedite the process for issuing these temporary licenses The bill wouldrequire the applicant to pay any fees required by the board and wouldrequire that those fees be deposited in the fund used by the board toadminister its licensing program To the extent that the bill would

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AB 1904 -2-

increase the amount of money deposited into a continuously appropriatedfund the bill would make an appropriation

Vote majority Appropriation yes Fiscal committee yesState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 1155 is added to the Business and2 Professions Code to read3 1155 (a) A board within the department may issue a4 temporary license to an applicant who meets all of the following5 requirements6 (l) Submits an application in the manner prescribed by the7 board8 (2) Supplies evidence satisfactory to the board that the applicant9 is married to or in a domestic partnership or other legal union

10 with an active duty member of the Armed Forces of the United11 States who is assigned to a duty station in this state under official12 active duty military orders13 (3) Holds a current license in another state district or territory14 of the United States with the requirements that the board determines15 are substantially equivalent to those established under this code16 for that occupation17 (4) Has not committed an act in anyjurisdiction that would have18 constituted grounds for denial suspension or revocation of the19 license under this code at the time the act was committed20 (5) Has not been disciplined by a licensing entity in another21 jurisdiction and is not the subject of an unresolved complaint22 review procedure or disciplinary proceeding conducted by a23 licensing entity in another jurisdiction24 (6) Pays any fees required by the board Those fees shall be25 deposited in the applicable fund or account used by the board to26 administer its licensing program27 (7) Submits fingerprints and any applicable fingerprinting fee28 in the manner required of an applicant for a regular license29 (b) A board shall expedite the procedure for issuing a temporary30 license pursuant to this section31 (c) A temporary license issued under this section shall be valid32 for 180 days except that the license may at the discretion of the

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-3- AB 1904

I board be extended for an additional180-day period on application2 of the license holder3 (d) A board may adopt regulations necessary to administer this4 section

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99

AB 1932 Assembly Bill Status

MEASURE AUTHOR(S)TOPICHOUSE+LAST

CURRENT BILL STATUS

AB No 1932Gorell (Coauthor Cook)

United States armed services healing arts boardsLOCATION SENAMENDED DATE 04172012

TYPE OF BILL

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpubI11-12Ibillasmab_1901-1950ab_1932_bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

An act to add Section 7102 to the Business andProfessions Code relating to healing arts

-

AMENDED IN ASSEMBLY APRIL 172012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1932

Introduced by Assembly Member-Ceek Gorell(Coauthor Assembly Member Cook)

February 222012

An act to add Section 7102 to the Business and Professions Coderelating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1932 as amended euroook Gorell United States armed serviceshealing arts boards

Existing law provides for the licensure and regulation of varioushealing arts professions and vocations by boards within the Departmentof Consumer Affairs Existing law requires the rules and regulations ofthese healing arts boards to provide for methods of evaluating educationtraining and experience obtained in military service if such training isapplicable to the requirements of the particular profession or vocationregulated by the board Under existing law the Department of VeteransAffairs has specified powers and duties relating to various programsserving veterans

This bill would require by January 12014 and annually thereafterevery healing arts board to issue a specified written report to theDepartment of Veterans Affairs and the Legislature as specified thatclearly details the methods of evaluating the education training andexperience obtained in military service and whether that educationtraining and experience is applicable to the boards requirements forlicensure The bill would declare the intent of the Legislature in thisregard

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AB 1932 -2-

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 710 of the Business and Professions Code2 was enacted in 1969 and because healing arts boards have not3 demonstrated significant compliance with that section it is the4 intent of the Legislature to establish an annual reporting5 requirement to compel these boards to provide information about6 the methods of evaluating education training and experience7 obtained in military service in order to meet the needs of the8 upcoming wave of armed service members returning to civilian9 life

10 SEC 2 Section 7102 is added to the Business and Professions11 Code to read12 7102 (a) By January 12014 and annually thereafter every13 healing arts board described in this division shall issue a written14 report to the Department of Veterans Affairs and to the Legislature15 that clearly details the methods of evaluating the education16 training and experience obtained in military service and whether17 that education training and experience is applicable to the boards18 requirements for licensure This written report shall include but19 not be limited to quantitative information about the number of20 service members who have applied for and have used their military21 education training and experience to fulfill the boards22 requirements for licensure23 (b) (1) The requirement to submit a report to the Legislature24 under subdivision (a) shall be inoperative on January 1 201825 pursuant to Section 102315 of the Government Code26 (2) A report to the Legislature shall be submitted in compliance27 with Section 9795 of the Government Code

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      • AGENDA ITEM 4
      • DISCUSSION AND POSSIBLE ACTION REGARDING PENDING LEGISLATION
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Page 52: DISCUSSION ANDPOSSIBLE ACTION REGARDING PENDING … · 2012-06-14  · Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of2010 (PublicLaw 111-152)

AMENDED IN ASSEMBLY MAY 25 2012

AMENDED IN ASSEMBLY MARCH 21 2012

AMENDED IN ASSEMBLY MARCH 142012

AMENDED IN ASSEMBLY FEBRUARY 29 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1435

Introduced by Assembly Member Dickinson(Coauthors Assembly Members Alejo Buchanan and Hill)

January 4 2012

An act to amend Section 111657 of the Penal Code relating to childabuse reporting

LEGISLATIVE COUNSELS DIGEST

AB 1435 as amended Dickinson Child abuse reporting athleticpersonnel

Existing law the Child Abuse and Neglect Reporting Act requiresa mandated reporter as defined to report whenever he or she in his orher professional capacity or within the scope of his or her employmenthas knowledge of or observed a child whom the mandated reporterknows or reasonably suspects has been the victim of child abuse orneglect Failure to report an incident is a crime punishable byimprisonment in a county jail for a period of up to 6 months a fine ofup to $1000 or by both that imprisonment and fine

This bill would add athletic coaches athletic administrators andathletic directors employed by a public or private organization to thelist of individuals who are mandated reporters The bill otlld reqtlirean ptlblie or pri v ate orgflftizationernplo ing flftathletieeoaen Mhletie

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~

AB 1435 -2-

ftdministrator or Mhletie direetor to hftve provided initiftl trftining byJflfttlM) I 2014 on speeified mfttters relMing to ehiM a-bttse ftftdnegleetfor those employees On ftftd ftfter lftnuftry 12014 the bill vvottld reeJtlireinitiftl trftining to be pro vided IV ithin 6 months of the dMe ftn indi vidttftlbeeomes employed in thM eftlfteiry The bill vvouM require theseindividuftls to eomplete eontifttling tminmg every 2 yeMs

By imposing the reporting requirements on a new class of personsfor whom failure to report specified conduct is a crime ftftdby imposingne~ trftining reeJtlirements on publie oIgftfiiZMions ineluding loeftlgOvernment entities this bill would impose a state-mandated localprogram

The Cftlifomift Constittltion reqtlires the stMe to reimbtlfse loeftlftgeneies ftnd sehool distriets for eertftin eosts mftftdMed by the stftteStftttltory pItYvisions esffiblish proeedtlfes for mftkffigthftt reimbtlfsement

This bill hould pro vide thM 4vith regMd to eertftin mftftdfttes noIeimbtlfsement is reeJtlired by this ftet for ft speeified reftson

Vith regftM to ftny other mftndMeS this bill vv0tlM pro vide thM if theCommission on StMe ~bndtltes determines thM the bill eontftins eostsso mftndftted by the stftte reimbttIsement for those eosts shftll be mftdeptlfStlftnt to the stftttltory pro visions noted ttbo ve

The California Constitution requires the state to reimburse localagencies and school districts for certain costs mandated by the stateStatutory provisions establish procedures for making thatreimbursement

This bill would provide that no reimbursement is required by this actfor a specified reason

Vote majority Appropriation no Fiscal committee yesState-mandated local program yes

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 111657 of the Penal Code is amended2 to read3 111657 (a) As used in this article mandated reporter is4 defined as any of the following5 (1) A teacher6 (2) An instructional aide7 (3) A teachers aide or teachers assistant employed by any8 public or private schooL9 (4) A classified employee of any public schooL

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5

10

15

20

25

30

35

40

-3- AB 1435

1 (5) An administrative officer or supervisor of child welfare and2 attendance or a certificated pupil personnel employee of any public3 or private school4 (6) An administrator of a public or private day camp

(7) An administrator or employee of a public or private youth6 center youth recreation program or youth organization7 (8) An administrator or employee of a public or private8 organization whose duties require direct contact and supervision9 of children

(9) Any employee of a county office of education or the State11 Department of Education whose duties bring the employee into12 contact with children on a regular basis13 (10) A licensee an administrator or an employee of a licensed14 community care or child day care facility

(11) A Head Start program teacher16 (12) A licensing worker or licensing evaluator employed by a17 licensing agency as defined in Section 111651118 (13) A public assistance worker19 (14) An employee of a child care institution including but not

limited to foster parents group home personnel and personnel of21 residential care facilities22 (15) A social worker probation officer or parole officer23 (16) An employee of a school district police or security24 department

(17) Any person who is an administrator or presenter of or a26 counselor in a child abuse prevention program in any public or27 private school28 (18) A district attorney investigator inspector or local child29 support agency caseworker unless the investigator inspector or

caseworker is working with an attorney appointed pursuant to31 Section 317 of the Welfare and Institutions Code to represent a32 mmor33 (19) A peace officer as defined in Chapter 45 (commencing34 with Section 830) of Title 3 of Part 2 who is not otherwise

described in this section36 (20) A firefighter except for volunteer firefighters37 (21) A physician and surgeon psychiatrist psychologist dentist38 resident intern podiatrist chiropractor licensed nurse dental39 hygienist optometrist marriage and family therapist clinical social

worker professional clinical counselor or any other person who

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101112131415161718192021222324252627282930313233343536373839

AB 1435 -4-

is currently licensed under Division 2 (commencing with Section500) of the Business and Professions Code

(22) Any emergency medical technician I or II paramedic orother person certified pursuant to Division 25 (commencing withSection 1797) of the Health and Safety Code

(23) A psychological assistant registered pursuant to Section2913 of the Business and Professions Code

(24) A marriage and family therapist trainee as defined insubdivision (c) of Section 498003 of the Business and ProfessionsCode

(25) An unlicensed marriage and family therapist internregistered under Section 498044 of the Business and ProfessionsCode

(26) A state or county public health employee who treats a minorfor venereal disease or any other condition

(27) A coroner(28) A medical examiner or any other person who performs

autopsies(29) A commercial film and photographic print processor as

specified in subdivision (e) of Section 11166 As used in thisarticle commercial film and photographic print processor meansany person who develops exposed photographic film into negativesslides or prints or who makes prints from negatives or slides forcompensation The term includes any employee of such a personit does not include a person who develops film or makes prints fora public agency

(30) A child visitation monitor As used in this article childvisitation monitor means any person who for financialcompensation acts as monitor of a visit between a child and anyother person when the monitoring of that visit has been orderedby a court of law

(31) An animal control officer or humane society officer Forthe purposes ofthis article the following terms have the followingmeanings

(A) Animal control officer means any person employed by acity county or city and county for the purpose of enforcing animalcontrol laws or regulations

(B) Humane society officer means any person appointed oremployed by a public or private entity as a humane officer who is

95

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10111213141516171819202122232425262728293031323334353637383940

-5- AB 1435

qualified pursuant to Section 14502 or 14503 of the CorporationsCode

(32) A clergy member as specified in subdivision (d) of Section11166 As used in this article clergy member means a priestminister rabbi religious practitioner or similar functionary of achurch temple or recognized denomination or organization

(33) Any custodian of records of a clergy member as specifiedin this section and subdivision (d) of Section 11166

(34) Any employee of any police department county sheriffsdepartment county probation department or county welfaredepartment

(35) An employee or volunteer of a Court Appointed SpecialAdvocate program as defined in Rule 1424 ofthe California Rulesof Court

(36) A custodial officer as defined in Section 8315(37) Any person providing services to a minor child under

Section 12300 or 123001 of the Welfare and Institutions Code(38) An alcohol and drug counselor As used in this article an

alcohol and drug counselor is a person providing counselingtherapy or other clinical services for a state licensed or certifieddrug alcohol or drug and alcohol treatment program Howeveralcohol or drug abuse or both alcohol and drug abuse is not inand of itself a sufficient basis for reporting child abuse or neglect

(39) A clinical counselor trainee as defined in subdivision (g)of Section 499912 of the Business and Professions Code

(40) A clinical counselor intern registered under Section 499942of the Business and Professions Code

(41) An athletic coach athletic administrator or athletic directoremployed by a public or private organization including but notlimited to schools and instittttions of higher e6ueation thatprovidekindergarten or any of grades 1 to 12 inclusive

(b) Except as provided in paragraph (35) of subdivision (a)volunteers of public or private organizations whose duties requiredirect contact with and supervision of children are not mandatedreporters but are encouraged to obtain training in the identificationand reporting of child abuse and neglect and are further encouragedto report known or suspected instances of child abuse or neglectto an agency specified in Section 111659

(c) Employers are strongly encouraged to provide theiremployees who are mandated reporters with training in the duties

95

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101112131415161718192021222324252627282930313233343536373839

AB 1435 -6-

imposed by this article This training shall include training in childabuse and neglect identification and training in child abuse andneglect reporting Whether or not employers provide theiremployees with training in child abuse and neglect identificationand reporting the employers shall provide their employees whoare mandated reporters with the statement required pursuant tosubdivision (a) of Section 111665

(d) School districts that do not train their employees specifiedin subdivision (a) in the duties of mandated reporters under thechild abuse reporting laws shall report to the State Department ofEducation the reasons why this training is not provided

(e) Unless otherwise specifically provided the absence oftraining shall not excuse a mandated reporter from the dutiesimposed by this article

(f) Public and private organizations are encouraged to providetheir volunteers whose duties require direct contact with andsupervision of children with training in the identification andreporting of child abuse and neglect

(g) (1) On 6r befure Jttmtary 1 2014 ttll) pttblie 6r privflie6rganizttti6ftemp16ing ttft Mhletie e6tteh Mhletie ttdmimstrltt6r6r Mhletie direet6r ttSspeeified ift pMttgrttph (41) 6f sttbdivisi6ft(tt) shttll pr6 vide iftitittl trttining f6r th6se empl~ ees 6n thefull6vvingmtttters

(A) The identifiettti6n 6f ehild ttbttse ttnd negleet(D) Aeti vities thttt e6ftstitttte inltppr6prittte ttftd illegttl e6ntttet

betiveen tt 6tlth ltftd ltft ttthietie e6tteh Mhletie ttdmiftistrttt6r 6rttthietie direet6r

(6) The resp6nsibilities 6f tt pers6n identified lIStt mttndfliedrep6rter in this seeti6n ineIttding btl ft6t limited t6 ttll 6f thefull6 vving

(i) T6 ~h6m tt rep6rt is reqtlired t6 be mttde(ii) The inf6rmttti6n thttt is reqttired t6 be ifte1ttdedin tt rep6rt(iii) The time vvithiftvvhieha mandated rep6rter is reqttired t6

file tt rep6rt(2) Initittl training shall be pr6vided b perS6ftSkn6vvledgeltble

ift the identifiettti6n 6fehild aettse ttnd negleet inltppf6prittte ltftdillegal e6ntaet bem eena 6ttth and ltftadttIt ltftdstatttt6ry rep6rtingreqttiremeftts ltftdshttll e6nsist 6ftw6 h6ttrs 6felassr66m 6r 6therinteraetive trainiftg ltftdedttettti6n

95

-7- AB 1435

1 (h) Commeneing on fmd aftel Jfmtlftry12014 fmofgfmization2 speeified in sttbdivision (g) shaHpro ide initial training within six3 months of the date that fm individtutl beeomes empleryed as an4 Mhletie eoaeh athletie administrator or athletie direetor ttnless5 the indi idttal reeei ed training Hithin tw0 years prior to the date6 the indi idtlal is empleryed An Mhletie eoaeh athletie7 administrator or athletie direetor Hho has leeeied initial training8 ptlfStlafttto sttbdiision (g) shall eomplete eontifttling training9 thereafter onee eery two years eonsisting of one hottf of

10 elassroom or other interaeti e training fmd edtteation11 SEC 2 No reimbtlrsement is reqtlired by this aet pttfStlafttto12 Seetion 6 ofArtiele )GIlD of the California Constitution for eertain13 eosts that may be inetllTed by a loeal ageney or sehool distriet14 beeatlse ift that regard this aet ereates a nev erime or infraetion15 eliminates a erime or infraetion or ehfmges the penalty fOfa erime16 or inflaetion Hithin the meaning of Seetion 17556 of the17 Goemment Code or ehanges the definition ofa elime Hithin the18 meaning of Seetion 6 of Aniele XIII D of the Califomia19 Constitution20 IIo~eer if the Commission on State Mfmdates determines that21 this aet eontainsother eosts mfmdated by the state reimbttfsement22 to loeal ageneies fmd sehool distliets for those eosts shall be made23 ptlfStlafttto Part 7 (eommeneing Hith Seetion 17500) of Division24 4 of Title 2 of the Goemment Code25 SEC 2 No reimbursement is required by this act pursuant to26 Section 6 of Article XIII B of the California Constitution because27 the only costs that may be incurred by a local agency or school28 district will be incurred because this act creates a new crime or29 infraction eliminates a crime or infraction or changes thepenalty30 for a crime or infraction within the meaning of Section 17556 of31 the Government Code or changes the definition of a crime within32 the meaning of Section 6 of Article XIII B of the California33 Constitution

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AB 1904 Assembly Bill Status

MEASURE AUTHOR(S)TOPIC

HOUSE

CURRENT BILL STATUS

AB No 1904Block Butler and

Professions and vocationslicenses

LOCATION

Cookmilitary spouses temporary

TYPE OF BILL

SEN

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyAppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpub11-12billasmab _1901-1950ab _1904_ bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes Noes OOPASS17

An act to add Section 1155 to the Business andProfessions Code relating to professions and vocationsand making an appropriation therefor

-

AB 1588 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1588AUTHOR(S) Atkins (Principal coauthors Cook and Nielsen)

(Coauthors Block Beth Gaines Pan V Manuel PerezWilliams and Yamada)

TOPIC Professions and vocations reservist licensees fees andcontinuing education

HOUSE LOCATION SEN+LAST AMENDED DATE 03052012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS forLAST

LAST

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

TITLE An act to add Section 1143 to the Business andProfessions Code relating to professions and vocations

htlpllwwwleginfocagovpubll-12Ibillasmlab _1551-1600ab _1588 _bill_20120601_statu 652012

middot

AMENDED IN ASSEMBLY MARCH 5 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1588

Introduced by Assembly Member Atkins(Principal coauthors Assembly Members Cook and Nielsen)

(Coauthors Assembly Members Block Beth Gaines PanV Manuel Perez Williams and Yamada)

February 6 2012

An act to add Section 1143 to the Business and Professions Coderelating to professions and vocations

LEGISLATIVE COUNSELS DIGEST

AB 1588 as amended Atkins Professions and vocations reservistlicensees fees and continuing education

Existing law provides for the regulation of various professions andvocations by boards commissions or bureaus within the Departmentof Consumer Affairs and for the licensure or registration of individualsin that regard Existing law authorizes any licensee whose licenseexpired while he or she was on active duty as a member of the CaliforniaNational Guard or the United States Armed Forces to reinstate his orher license without examination or penalty if certain requirements aremet

This bill would require the boards commissions or bureaus describedabove to waive the renewal fees and continuing education requirementsif either is applicable of any licensee or registrant who is a reservistcalled to active duty as a member of the United States Military Reserveor the California National Guard if certain requirements are met

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

98

AB 1588 -2-

Thepeople of the State of Califomi a do enact asfollows

1 SECTION 1 Section 1143 is added to the Business and2 Professions Code to read3 1143 Notwithstanding any other provision oflaw everyboard4 commission or bureau within the department shall waive the5 renewal fees and continuing education requirements if either is6 applicable for any licensee or registrant who is a reservist called7 to active duty as a member of the United States Military Reserve8 or the California National Guard if all of the following9 requirements are met

10 (a) The licensee or registrant was in good standing with the11 board commission or bureau at the time the reservist was called12 to active duty13 (b) The renewal fees or continuing education requirements are14 waived only for the period during which the reservist is on active15 duty service16 (c) The active duty reservist or the active duty reservists spouse17 or registered domestic partner provides written notice satisfactory18 to the board commission or bureau that substantiates the19 reservists active duty service

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AB 1896 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1896AUTHOR(S) ChesbroTOPIC Tribal health programs health care practitionersHOUSE LOCATION SEN+LAST AMENDED DATE 03272012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATIONCOMM ACTION DATECOMM ACTIONCOMM VOTE SUMMARY

ASM

05172012Referred to Com on B P amp EDBUSINESS PROFESSIONS AND CONSUMER PROTECTION04102012

Do passAyes 09 Noes OOPASS

TITLE An act to amend the heading of Article 10 (commencingwith Section 710) of Chapter 1 of Division 2 of and toadd Section 719 to the Business and Professions Coderelating to healing arts

httpwwwleginfocagovpubI11-12lbillasmab_1851-1900ab_1896_bill_20120517 _statu 652012

-

AMENDED IN ASSEMBLY MARCH 27 2012

CALIFORNIA LEGISLATURE-20II-12 REGULAR SESSION

ASSEMBLY BILL No 1896

Introduced by Assembly Member Chesbro

February 222012

An act to amend the heading of Article 10 (commencing with Section710) of Chapter 1 of Division 2 of and to add Section 719 to theBusiness and Professions Code relating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1896 as amended Chesbro Tribal health programs health carepractitioners

Under existing federal law licensed health professionals employedby a tribal health program are required to be exempt if licensed in anystate from the licensing requirements of the state in which the tribalhealth program performs specified services A tribal health program isdefined as an Indian tribe or tribal organization that operates any healthprogram service function activity or facility funded in whole or partby the Indian Health Service

Existing law provides for the licensure and regulation of health carepractitioners by various healing arts boards within the Department ofConsumer Affairs

This bill would codify that federal requirement by specifying that aperson who is licensed as a health care practitioner in any other stateand is employed by a tribal health program is exempt from any statelicensing requirement with respect to acts authorized under thepersonslicense where the tribal health program performs specified services

Vote majority Appropriation no Fiscal committee noState-mandated local program no

98

AD 1896 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 The heading of Article 10 (commencing with2 Section 710) of Chapter 1 of Division 2 of the Business and3 Professions Code is amended to read456789

101112131415161718192021

Article 10 Federal Personnel and Tribal Health Programs

SEC 2 Section 719 is added to the Business and ProfessionsCode to read

719 (a) A person who is licensed as a health care practitionerin any other state and is employed by a tribal health program asdefined in Section 1603 of Title 25 of the United States Code shallbe exempt from any licensing requirement described in this divisionwith respect to acts authorized under the persons license wherethe tribal health program performs the services described in thecontract or compact of the tribal health program under the IndianSelf-Determination and Education Assistance Act (25 USC Sec450 et seq)

(b) For purposes of this section health care practitioner meansany person who engages in acts that are the subject of licensureor regulation under this division or Ml) initiative 8et referred to inthis division the law of any other state

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CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1904

Introduced by Assembly Members Block Butler and Cook

February 222012

An act to add Section 1155 to the Business and Professions Coderelating to professions and vocations and making an appropriationtherefor

LEGISLATIVE COUNSELS DIGEST

AB 1904 as introduced Block Professions and vocations militaryspouses temporary licenses

Existing law provides for the licensure and regulation of variousprofessions and vocations by boards within the Department of ConsumerAffairs Existing law provides for the issuance of reciprocal licenses incertain fields where the applicant among other requirements has alicense to practice within that field in another jurisdiction as specifiedUnder existing law licensing fees imposed by certain boards withinthe department are deposited in funds that are continuously appropriated

This bill would authorize a board within the department to issue atemporary license to an applicant who among other requirements holdsan equivalent license in another jurisdiction as specified and is marriedto or in a legal union with an active duty member of the Armed Forcesofthe United States who is assigned to a duty station in California underofficial active duty military orders The bill would require a board toexpedite the process for issuing these temporary licenses The bill wouldrequire the applicant to pay any fees required by the board and wouldrequire that those fees be deposited in the fund used by the board toadminister its licensing program To the extent that the bill would

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AB 1904 -2-

increase the amount of money deposited into a continuously appropriatedfund the bill would make an appropriation

Vote majority Appropriation yes Fiscal committee yesState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 1155 is added to the Business and2 Professions Code to read3 1155 (a) A board within the department may issue a4 temporary license to an applicant who meets all of the following5 requirements6 (l) Submits an application in the manner prescribed by the7 board8 (2) Supplies evidence satisfactory to the board that the applicant9 is married to or in a domestic partnership or other legal union

10 with an active duty member of the Armed Forces of the United11 States who is assigned to a duty station in this state under official12 active duty military orders13 (3) Holds a current license in another state district or territory14 of the United States with the requirements that the board determines15 are substantially equivalent to those established under this code16 for that occupation17 (4) Has not committed an act in anyjurisdiction that would have18 constituted grounds for denial suspension or revocation of the19 license under this code at the time the act was committed20 (5) Has not been disciplined by a licensing entity in another21 jurisdiction and is not the subject of an unresolved complaint22 review procedure or disciplinary proceeding conducted by a23 licensing entity in another jurisdiction24 (6) Pays any fees required by the board Those fees shall be25 deposited in the applicable fund or account used by the board to26 administer its licensing program27 (7) Submits fingerprints and any applicable fingerprinting fee28 in the manner required of an applicant for a regular license29 (b) A board shall expedite the procedure for issuing a temporary30 license pursuant to this section31 (c) A temporary license issued under this section shall be valid32 for 180 days except that the license may at the discretion of the

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-3- AB 1904

I board be extended for an additional180-day period on application2 of the license holder3 (d) A board may adopt regulations necessary to administer this4 section

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AB 1932 Assembly Bill Status

MEASURE AUTHOR(S)TOPICHOUSE+LAST

CURRENT BILL STATUS

AB No 1932Gorell (Coauthor Cook)

United States armed services healing arts boardsLOCATION SENAMENDED DATE 04172012

TYPE OF BILL

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

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httpwwwleginfocagovpubI11-12Ibillasmab_1901-1950ab_1932_bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

An act to add Section 7102 to the Business andProfessions Code relating to healing arts

-

AMENDED IN ASSEMBLY APRIL 172012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1932

Introduced by Assembly Member-Ceek Gorell(Coauthor Assembly Member Cook)

February 222012

An act to add Section 7102 to the Business and Professions Coderelating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1932 as amended euroook Gorell United States armed serviceshealing arts boards

Existing law provides for the licensure and regulation of varioushealing arts professions and vocations by boards within the Departmentof Consumer Affairs Existing law requires the rules and regulations ofthese healing arts boards to provide for methods of evaluating educationtraining and experience obtained in military service if such training isapplicable to the requirements of the particular profession or vocationregulated by the board Under existing law the Department of VeteransAffairs has specified powers and duties relating to various programsserving veterans

This bill would require by January 12014 and annually thereafterevery healing arts board to issue a specified written report to theDepartment of Veterans Affairs and the Legislature as specified thatclearly details the methods of evaluating the education training andexperience obtained in military service and whether that educationtraining and experience is applicable to the boards requirements forlicensure The bill would declare the intent of the Legislature in thisregard

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AB 1932 -2-

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 710 of the Business and Professions Code2 was enacted in 1969 and because healing arts boards have not3 demonstrated significant compliance with that section it is the4 intent of the Legislature to establish an annual reporting5 requirement to compel these boards to provide information about6 the methods of evaluating education training and experience7 obtained in military service in order to meet the needs of the8 upcoming wave of armed service members returning to civilian9 life

10 SEC 2 Section 7102 is added to the Business and Professions11 Code to read12 7102 (a) By January 12014 and annually thereafter every13 healing arts board described in this division shall issue a written14 report to the Department of Veterans Affairs and to the Legislature15 that clearly details the methods of evaluating the education16 training and experience obtained in military service and whether17 that education training and experience is applicable to the boards18 requirements for licensure This written report shall include but19 not be limited to quantitative information about the number of20 service members who have applied for and have used their military21 education training and experience to fulfill the boards22 requirements for licensure23 (b) (1) The requirement to submit a report to the Legislature24 under subdivision (a) shall be inoperative on January 1 201825 pursuant to Section 102315 of the Government Code26 (2) A report to the Legislature shall be submitted in compliance27 with Section 9795 of the Government Code

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Page 53: DISCUSSION ANDPOSSIBLE ACTION REGARDING PENDING … · 2012-06-14  · Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of2010 (PublicLaw 111-152)

AB 1435 -2-

ftdministrator or Mhletie direetor to hftve provided initiftl trftining byJflfttlM) I 2014 on speeified mfttters relMing to ehiM a-bttse ftftdnegleetfor those employees On ftftd ftfter lftnuftry 12014 the bill vvottld reeJtlireinitiftl trftining to be pro vided IV ithin 6 months of the dMe ftn indi vidttftlbeeomes employed in thM eftlfteiry The bill vvouM require theseindividuftls to eomplete eontifttling tminmg every 2 yeMs

By imposing the reporting requirements on a new class of personsfor whom failure to report specified conduct is a crime ftftdby imposingne~ trftining reeJtlirements on publie oIgftfiiZMions ineluding loeftlgOvernment entities this bill would impose a state-mandated localprogram

The Cftlifomift Constittltion reqtlires the stMe to reimbtlfse loeftlftgeneies ftnd sehool distriets for eertftin eosts mftftdMed by the stftteStftttltory pItYvisions esffiblish proeedtlfes for mftkffigthftt reimbtlfsement

This bill hould pro vide thM 4vith regMd to eertftin mftftdfttes noIeimbtlfsement is reeJtlired by this ftet for ft speeified reftson

Vith regftM to ftny other mftndMeS this bill vv0tlM pro vide thM if theCommission on StMe ~bndtltes determines thM the bill eontftins eostsso mftndftted by the stftte reimbttIsement for those eosts shftll be mftdeptlfStlftnt to the stftttltory pro visions noted ttbo ve

The California Constitution requires the state to reimburse localagencies and school districts for certain costs mandated by the stateStatutory provisions establish procedures for making thatreimbursement

This bill would provide that no reimbursement is required by this actfor a specified reason

Vote majority Appropriation no Fiscal committee yesState-mandated local program yes

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 111657 of the Penal Code is amended2 to read3 111657 (a) As used in this article mandated reporter is4 defined as any of the following5 (1) A teacher6 (2) An instructional aide7 (3) A teachers aide or teachers assistant employed by any8 public or private schooL9 (4) A classified employee of any public schooL

95

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5

10

15

20

25

30

35

40

-3- AB 1435

1 (5) An administrative officer or supervisor of child welfare and2 attendance or a certificated pupil personnel employee of any public3 or private school4 (6) An administrator of a public or private day camp

(7) An administrator or employee of a public or private youth6 center youth recreation program or youth organization7 (8) An administrator or employee of a public or private8 organization whose duties require direct contact and supervision9 of children

(9) Any employee of a county office of education or the State11 Department of Education whose duties bring the employee into12 contact with children on a regular basis13 (10) A licensee an administrator or an employee of a licensed14 community care or child day care facility

(11) A Head Start program teacher16 (12) A licensing worker or licensing evaluator employed by a17 licensing agency as defined in Section 111651118 (13) A public assistance worker19 (14) An employee of a child care institution including but not

limited to foster parents group home personnel and personnel of21 residential care facilities22 (15) A social worker probation officer or parole officer23 (16) An employee of a school district police or security24 department

(17) Any person who is an administrator or presenter of or a26 counselor in a child abuse prevention program in any public or27 private school28 (18) A district attorney investigator inspector or local child29 support agency caseworker unless the investigator inspector or

caseworker is working with an attorney appointed pursuant to31 Section 317 of the Welfare and Institutions Code to represent a32 mmor33 (19) A peace officer as defined in Chapter 45 (commencing34 with Section 830) of Title 3 of Part 2 who is not otherwise

described in this section36 (20) A firefighter except for volunteer firefighters37 (21) A physician and surgeon psychiatrist psychologist dentist38 resident intern podiatrist chiropractor licensed nurse dental39 hygienist optometrist marriage and family therapist clinical social

worker professional clinical counselor or any other person who

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101112131415161718192021222324252627282930313233343536373839

AB 1435 -4-

is currently licensed under Division 2 (commencing with Section500) of the Business and Professions Code

(22) Any emergency medical technician I or II paramedic orother person certified pursuant to Division 25 (commencing withSection 1797) of the Health and Safety Code

(23) A psychological assistant registered pursuant to Section2913 of the Business and Professions Code

(24) A marriage and family therapist trainee as defined insubdivision (c) of Section 498003 of the Business and ProfessionsCode

(25) An unlicensed marriage and family therapist internregistered under Section 498044 of the Business and ProfessionsCode

(26) A state or county public health employee who treats a minorfor venereal disease or any other condition

(27) A coroner(28) A medical examiner or any other person who performs

autopsies(29) A commercial film and photographic print processor as

specified in subdivision (e) of Section 11166 As used in thisarticle commercial film and photographic print processor meansany person who develops exposed photographic film into negativesslides or prints or who makes prints from negatives or slides forcompensation The term includes any employee of such a personit does not include a person who develops film or makes prints fora public agency

(30) A child visitation monitor As used in this article childvisitation monitor means any person who for financialcompensation acts as monitor of a visit between a child and anyother person when the monitoring of that visit has been orderedby a court of law

(31) An animal control officer or humane society officer Forthe purposes ofthis article the following terms have the followingmeanings

(A) Animal control officer means any person employed by acity county or city and county for the purpose of enforcing animalcontrol laws or regulations

(B) Humane society officer means any person appointed oremployed by a public or private entity as a humane officer who is

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-5- AB 1435

qualified pursuant to Section 14502 or 14503 of the CorporationsCode

(32) A clergy member as specified in subdivision (d) of Section11166 As used in this article clergy member means a priestminister rabbi religious practitioner or similar functionary of achurch temple or recognized denomination or organization

(33) Any custodian of records of a clergy member as specifiedin this section and subdivision (d) of Section 11166

(34) Any employee of any police department county sheriffsdepartment county probation department or county welfaredepartment

(35) An employee or volunteer of a Court Appointed SpecialAdvocate program as defined in Rule 1424 ofthe California Rulesof Court

(36) A custodial officer as defined in Section 8315(37) Any person providing services to a minor child under

Section 12300 or 123001 of the Welfare and Institutions Code(38) An alcohol and drug counselor As used in this article an

alcohol and drug counselor is a person providing counselingtherapy or other clinical services for a state licensed or certifieddrug alcohol or drug and alcohol treatment program Howeveralcohol or drug abuse or both alcohol and drug abuse is not inand of itself a sufficient basis for reporting child abuse or neglect

(39) A clinical counselor trainee as defined in subdivision (g)of Section 499912 of the Business and Professions Code

(40) A clinical counselor intern registered under Section 499942of the Business and Professions Code

(41) An athletic coach athletic administrator or athletic directoremployed by a public or private organization including but notlimited to schools and instittttions of higher e6ueation thatprovidekindergarten or any of grades 1 to 12 inclusive

(b) Except as provided in paragraph (35) of subdivision (a)volunteers of public or private organizations whose duties requiredirect contact with and supervision of children are not mandatedreporters but are encouraged to obtain training in the identificationand reporting of child abuse and neglect and are further encouragedto report known or suspected instances of child abuse or neglectto an agency specified in Section 111659

(c) Employers are strongly encouraged to provide theiremployees who are mandated reporters with training in the duties

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AB 1435 -6-

imposed by this article This training shall include training in childabuse and neglect identification and training in child abuse andneglect reporting Whether or not employers provide theiremployees with training in child abuse and neglect identificationand reporting the employers shall provide their employees whoare mandated reporters with the statement required pursuant tosubdivision (a) of Section 111665

(d) School districts that do not train their employees specifiedin subdivision (a) in the duties of mandated reporters under thechild abuse reporting laws shall report to the State Department ofEducation the reasons why this training is not provided

(e) Unless otherwise specifically provided the absence oftraining shall not excuse a mandated reporter from the dutiesimposed by this article

(f) Public and private organizations are encouraged to providetheir volunteers whose duties require direct contact with andsupervision of children with training in the identification andreporting of child abuse and neglect

(g) (1) On 6r befure Jttmtary 1 2014 ttll) pttblie 6r privflie6rganizttti6ftemp16ing ttft Mhletie e6tteh Mhletie ttdmimstrltt6r6r Mhletie direet6r ttSspeeified ift pMttgrttph (41) 6f sttbdivisi6ft(tt) shttll pr6 vide iftitittl trttining f6r th6se empl~ ees 6n thefull6vvingmtttters

(A) The identifiettti6n 6f ehild ttbttse ttnd negleet(D) Aeti vities thttt e6ftstitttte inltppr6prittte ttftd illegttl e6ntttet

betiveen tt 6tlth ltftd ltft ttthietie e6tteh Mhletie ttdmiftistrttt6r 6rttthietie direet6r

(6) The resp6nsibilities 6f tt pers6n identified lIStt mttndfliedrep6rter in this seeti6n ineIttding btl ft6t limited t6 ttll 6f thefull6 vving

(i) T6 ~h6m tt rep6rt is reqtlired t6 be mttde(ii) The inf6rmttti6n thttt is reqttired t6 be ifte1ttdedin tt rep6rt(iii) The time vvithiftvvhieha mandated rep6rter is reqttired t6

file tt rep6rt(2) Initittl training shall be pr6vided b perS6ftSkn6vvledgeltble

ift the identifiettti6n 6fehild aettse ttnd negleet inltppf6prittte ltftdillegal e6ntaet bem eena 6ttth and ltftadttIt ltftdstatttt6ry rep6rtingreqttiremeftts ltftdshttll e6nsist 6ftw6 h6ttrs 6felassr66m 6r 6therinteraetive trainiftg ltftdedttettti6n

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-7- AB 1435

1 (h) Commeneing on fmd aftel Jfmtlftry12014 fmofgfmization2 speeified in sttbdivision (g) shaHpro ide initial training within six3 months of the date that fm individtutl beeomes empleryed as an4 Mhletie eoaeh athletie administrator or athletie direetor ttnless5 the indi idttal reeei ed training Hithin tw0 years prior to the date6 the indi idtlal is empleryed An Mhletie eoaeh athletie7 administrator or athletie direetor Hho has leeeied initial training8 ptlfStlafttto sttbdiision (g) shall eomplete eontifttling training9 thereafter onee eery two years eonsisting of one hottf of

10 elassroom or other interaeti e training fmd edtteation11 SEC 2 No reimbtlrsement is reqtlired by this aet pttfStlafttto12 Seetion 6 ofArtiele )GIlD of the California Constitution for eertain13 eosts that may be inetllTed by a loeal ageney or sehool distriet14 beeatlse ift that regard this aet ereates a nev erime or infraetion15 eliminates a erime or infraetion or ehfmges the penalty fOfa erime16 or inflaetion Hithin the meaning of Seetion 17556 of the17 Goemment Code or ehanges the definition ofa elime Hithin the18 meaning of Seetion 6 of Aniele XIII D of the Califomia19 Constitution20 IIo~eer if the Commission on State Mfmdates determines that21 this aet eontainsother eosts mfmdated by the state reimbttfsement22 to loeal ageneies fmd sehool distliets for those eosts shall be made23 ptlfStlafttto Part 7 (eommeneing Hith Seetion 17500) of Division24 4 of Title 2 of the Goemment Code25 SEC 2 No reimbursement is required by this act pursuant to26 Section 6 of Article XIII B of the California Constitution because27 the only costs that may be incurred by a local agency or school28 district will be incurred because this act creates a new crime or29 infraction eliminates a crime or infraction or changes thepenalty30 for a crime or infraction within the meaning of Section 17556 of31 the Government Code or changes the definition of a crime within32 the meaning of Section 6 of Article XIII B of the California33 Constitution

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95

AB 1904 Assembly Bill Status

MEASURE AUTHOR(S)TOPIC

HOUSE

CURRENT BILL STATUS

AB No 1904Block Butler and

Professions and vocationslicenses

LOCATION

Cookmilitary spouses temporary

TYPE OF BILL

SEN

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyAppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpub11-12billasmab _1901-1950ab _1904_ bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes Noes OOPASS17

An act to add Section 1155 to the Business andProfessions Code relating to professions and vocationsand making an appropriation therefor

-

AB 1588 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1588AUTHOR(S) Atkins (Principal coauthors Cook and Nielsen)

(Coauthors Block Beth Gaines Pan V Manuel PerezWilliams and Yamada)

TOPIC Professions and vocations reservist licensees fees andcontinuing education

HOUSE LOCATION SEN+LAST AMENDED DATE 03052012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS forLAST

LAST

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

TITLE An act to add Section 1143 to the Business andProfessions Code relating to professions and vocations

htlpllwwwleginfocagovpubll-12Ibillasmlab _1551-1600ab _1588 _bill_20120601_statu 652012

middot

AMENDED IN ASSEMBLY MARCH 5 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1588

Introduced by Assembly Member Atkins(Principal coauthors Assembly Members Cook and Nielsen)

(Coauthors Assembly Members Block Beth Gaines PanV Manuel Perez Williams and Yamada)

February 6 2012

An act to add Section 1143 to the Business and Professions Coderelating to professions and vocations

LEGISLATIVE COUNSELS DIGEST

AB 1588 as amended Atkins Professions and vocations reservistlicensees fees and continuing education

Existing law provides for the regulation of various professions andvocations by boards commissions or bureaus within the Departmentof Consumer Affairs and for the licensure or registration of individualsin that regard Existing law authorizes any licensee whose licenseexpired while he or she was on active duty as a member of the CaliforniaNational Guard or the United States Armed Forces to reinstate his orher license without examination or penalty if certain requirements aremet

This bill would require the boards commissions or bureaus describedabove to waive the renewal fees and continuing education requirementsif either is applicable of any licensee or registrant who is a reservistcalled to active duty as a member of the United States Military Reserveor the California National Guard if certain requirements are met

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

98

AB 1588 -2-

Thepeople of the State of Califomi a do enact asfollows

1 SECTION 1 Section 1143 is added to the Business and2 Professions Code to read3 1143 Notwithstanding any other provision oflaw everyboard4 commission or bureau within the department shall waive the5 renewal fees and continuing education requirements if either is6 applicable for any licensee or registrant who is a reservist called7 to active duty as a member of the United States Military Reserve8 or the California National Guard if all of the following9 requirements are met

10 (a) The licensee or registrant was in good standing with the11 board commission or bureau at the time the reservist was called12 to active duty13 (b) The renewal fees or continuing education requirements are14 waived only for the period during which the reservist is on active15 duty service16 (c) The active duty reservist or the active duty reservists spouse17 or registered domestic partner provides written notice satisfactory18 to the board commission or bureau that substantiates the19 reservists active duty service

o

98

AB 1896 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1896AUTHOR(S) ChesbroTOPIC Tribal health programs health care practitionersHOUSE LOCATION SEN+LAST AMENDED DATE 03272012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATIONCOMM ACTION DATECOMM ACTIONCOMM VOTE SUMMARY

ASM

05172012Referred to Com on B P amp EDBUSINESS PROFESSIONS AND CONSUMER PROTECTION04102012

Do passAyes 09 Noes OOPASS

TITLE An act to amend the heading of Article 10 (commencingwith Section 710) of Chapter 1 of Division 2 of and toadd Section 719 to the Business and Professions Coderelating to healing arts

httpwwwleginfocagovpubI11-12lbillasmab_1851-1900ab_1896_bill_20120517 _statu 652012

-

AMENDED IN ASSEMBLY MARCH 27 2012

CALIFORNIA LEGISLATURE-20II-12 REGULAR SESSION

ASSEMBLY BILL No 1896

Introduced by Assembly Member Chesbro

February 222012

An act to amend the heading of Article 10 (commencing with Section710) of Chapter 1 of Division 2 of and to add Section 719 to theBusiness and Professions Code relating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1896 as amended Chesbro Tribal health programs health carepractitioners

Under existing federal law licensed health professionals employedby a tribal health program are required to be exempt if licensed in anystate from the licensing requirements of the state in which the tribalhealth program performs specified services A tribal health program isdefined as an Indian tribe or tribal organization that operates any healthprogram service function activity or facility funded in whole or partby the Indian Health Service

Existing law provides for the licensure and regulation of health carepractitioners by various healing arts boards within the Department ofConsumer Affairs

This bill would codify that federal requirement by specifying that aperson who is licensed as a health care practitioner in any other stateand is employed by a tribal health program is exempt from any statelicensing requirement with respect to acts authorized under thepersonslicense where the tribal health program performs specified services

Vote majority Appropriation no Fiscal committee noState-mandated local program no

98

AD 1896 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 The heading of Article 10 (commencing with2 Section 710) of Chapter 1 of Division 2 of the Business and3 Professions Code is amended to read456789

101112131415161718192021

Article 10 Federal Personnel and Tribal Health Programs

SEC 2 Section 719 is added to the Business and ProfessionsCode to read

719 (a) A person who is licensed as a health care practitionerin any other state and is employed by a tribal health program asdefined in Section 1603 of Title 25 of the United States Code shallbe exempt from any licensing requirement described in this divisionwith respect to acts authorized under the persons license wherethe tribal health program performs the services described in thecontract or compact of the tribal health program under the IndianSelf-Determination and Education Assistance Act (25 USC Sec450 et seq)

(b) For purposes of this section health care practitioner meansany person who engages in acts that are the subject of licensureor regulation under this division or Ml) initiative 8et referred to inthis division the law of any other state

o

98

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1904

Introduced by Assembly Members Block Butler and Cook

February 222012

An act to add Section 1155 to the Business and Professions Coderelating to professions and vocations and making an appropriationtherefor

LEGISLATIVE COUNSELS DIGEST

AB 1904 as introduced Block Professions and vocations militaryspouses temporary licenses

Existing law provides for the licensure and regulation of variousprofessions and vocations by boards within the Department of ConsumerAffairs Existing law provides for the issuance of reciprocal licenses incertain fields where the applicant among other requirements has alicense to practice within that field in another jurisdiction as specifiedUnder existing law licensing fees imposed by certain boards withinthe department are deposited in funds that are continuously appropriated

This bill would authorize a board within the department to issue atemporary license to an applicant who among other requirements holdsan equivalent license in another jurisdiction as specified and is marriedto or in a legal union with an active duty member of the Armed Forcesofthe United States who is assigned to a duty station in California underofficial active duty military orders The bill would require a board toexpedite the process for issuing these temporary licenses The bill wouldrequire the applicant to pay any fees required by the board and wouldrequire that those fees be deposited in the fund used by the board toadminister its licensing program To the extent that the bill would

99

AB 1904 -2-

increase the amount of money deposited into a continuously appropriatedfund the bill would make an appropriation

Vote majority Appropriation yes Fiscal committee yesState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 1155 is added to the Business and2 Professions Code to read3 1155 (a) A board within the department may issue a4 temporary license to an applicant who meets all of the following5 requirements6 (l) Submits an application in the manner prescribed by the7 board8 (2) Supplies evidence satisfactory to the board that the applicant9 is married to or in a domestic partnership or other legal union

10 with an active duty member of the Armed Forces of the United11 States who is assigned to a duty station in this state under official12 active duty military orders13 (3) Holds a current license in another state district or territory14 of the United States with the requirements that the board determines15 are substantially equivalent to those established under this code16 for that occupation17 (4) Has not committed an act in anyjurisdiction that would have18 constituted grounds for denial suspension or revocation of the19 license under this code at the time the act was committed20 (5) Has not been disciplined by a licensing entity in another21 jurisdiction and is not the subject of an unresolved complaint22 review procedure or disciplinary proceeding conducted by a23 licensing entity in another jurisdiction24 (6) Pays any fees required by the board Those fees shall be25 deposited in the applicable fund or account used by the board to26 administer its licensing program27 (7) Submits fingerprints and any applicable fingerprinting fee28 in the manner required of an applicant for a regular license29 (b) A board shall expedite the procedure for issuing a temporary30 license pursuant to this section31 (c) A temporary license issued under this section shall be valid32 for 180 days except that the license may at the discretion of the

99

-3- AB 1904

I board be extended for an additional180-day period on application2 of the license holder3 (d) A board may adopt regulations necessary to administer this4 section

o

99

AB 1932 Assembly Bill Status

MEASURE AUTHOR(S)TOPICHOUSE+LAST

CURRENT BILL STATUS

AB No 1932Gorell (Coauthor Cook)

United States armed services healing arts boardsLOCATION SENAMENDED DATE 04172012

TYPE OF BILL

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpubI11-12Ibillasmab_1901-1950ab_1932_bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

An act to add Section 7102 to the Business andProfessions Code relating to healing arts

-

AMENDED IN ASSEMBLY APRIL 172012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1932

Introduced by Assembly Member-Ceek Gorell(Coauthor Assembly Member Cook)

February 222012

An act to add Section 7102 to the Business and Professions Coderelating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1932 as amended euroook Gorell United States armed serviceshealing arts boards

Existing law provides for the licensure and regulation of varioushealing arts professions and vocations by boards within the Departmentof Consumer Affairs Existing law requires the rules and regulations ofthese healing arts boards to provide for methods of evaluating educationtraining and experience obtained in military service if such training isapplicable to the requirements of the particular profession or vocationregulated by the board Under existing law the Department of VeteransAffairs has specified powers and duties relating to various programsserving veterans

This bill would require by January 12014 and annually thereafterevery healing arts board to issue a specified written report to theDepartment of Veterans Affairs and the Legislature as specified thatclearly details the methods of evaluating the education training andexperience obtained in military service and whether that educationtraining and experience is applicable to the boards requirements forlicensure The bill would declare the intent of the Legislature in thisregard

98

AB 1932 -2-

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 710 of the Business and Professions Code2 was enacted in 1969 and because healing arts boards have not3 demonstrated significant compliance with that section it is the4 intent of the Legislature to establish an annual reporting5 requirement to compel these boards to provide information about6 the methods of evaluating education training and experience7 obtained in military service in order to meet the needs of the8 upcoming wave of armed service members returning to civilian9 life

10 SEC 2 Section 7102 is added to the Business and Professions11 Code to read12 7102 (a) By January 12014 and annually thereafter every13 healing arts board described in this division shall issue a written14 report to the Department of Veterans Affairs and to the Legislature15 that clearly details the methods of evaluating the education16 training and experience obtained in military service and whether17 that education training and experience is applicable to the boards18 requirements for licensure This written report shall include but19 not be limited to quantitative information about the number of20 service members who have applied for and have used their military21 education training and experience to fulfill the boards22 requirements for licensure23 (b) (1) The requirement to submit a report to the Legislature24 under subdivision (a) shall be inoperative on January 1 201825 pursuant to Section 102315 of the Government Code26 (2) A report to the Legislature shall be submitted in compliance27 with Section 9795 of the Government Code

o

98

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      • AGENDA ITEM 4
      • DISCUSSION AND POSSIBLE ACTION REGARDING PENDING LEGISLATION
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10

15

20

25

30

35

40

-3- AB 1435

1 (5) An administrative officer or supervisor of child welfare and2 attendance or a certificated pupil personnel employee of any public3 or private school4 (6) An administrator of a public or private day camp

(7) An administrator or employee of a public or private youth6 center youth recreation program or youth organization7 (8) An administrator or employee of a public or private8 organization whose duties require direct contact and supervision9 of children

(9) Any employee of a county office of education or the State11 Department of Education whose duties bring the employee into12 contact with children on a regular basis13 (10) A licensee an administrator or an employee of a licensed14 community care or child day care facility

(11) A Head Start program teacher16 (12) A licensing worker or licensing evaluator employed by a17 licensing agency as defined in Section 111651118 (13) A public assistance worker19 (14) An employee of a child care institution including but not

limited to foster parents group home personnel and personnel of21 residential care facilities22 (15) A social worker probation officer or parole officer23 (16) An employee of a school district police or security24 department

(17) Any person who is an administrator or presenter of or a26 counselor in a child abuse prevention program in any public or27 private school28 (18) A district attorney investigator inspector or local child29 support agency caseworker unless the investigator inspector or

caseworker is working with an attorney appointed pursuant to31 Section 317 of the Welfare and Institutions Code to represent a32 mmor33 (19) A peace officer as defined in Chapter 45 (commencing34 with Section 830) of Title 3 of Part 2 who is not otherwise

described in this section36 (20) A firefighter except for volunteer firefighters37 (21) A physician and surgeon psychiatrist psychologist dentist38 resident intern podiatrist chiropractor licensed nurse dental39 hygienist optometrist marriage and family therapist clinical social

worker professional clinical counselor or any other person who

95

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101112131415161718192021222324252627282930313233343536373839

AB 1435 -4-

is currently licensed under Division 2 (commencing with Section500) of the Business and Professions Code

(22) Any emergency medical technician I or II paramedic orother person certified pursuant to Division 25 (commencing withSection 1797) of the Health and Safety Code

(23) A psychological assistant registered pursuant to Section2913 of the Business and Professions Code

(24) A marriage and family therapist trainee as defined insubdivision (c) of Section 498003 of the Business and ProfessionsCode

(25) An unlicensed marriage and family therapist internregistered under Section 498044 of the Business and ProfessionsCode

(26) A state or county public health employee who treats a minorfor venereal disease or any other condition

(27) A coroner(28) A medical examiner or any other person who performs

autopsies(29) A commercial film and photographic print processor as

specified in subdivision (e) of Section 11166 As used in thisarticle commercial film and photographic print processor meansany person who develops exposed photographic film into negativesslides or prints or who makes prints from negatives or slides forcompensation The term includes any employee of such a personit does not include a person who develops film or makes prints fora public agency

(30) A child visitation monitor As used in this article childvisitation monitor means any person who for financialcompensation acts as monitor of a visit between a child and anyother person when the monitoring of that visit has been orderedby a court of law

(31) An animal control officer or humane society officer Forthe purposes ofthis article the following terms have the followingmeanings

(A) Animal control officer means any person employed by acity county or city and county for the purpose of enforcing animalcontrol laws or regulations

(B) Humane society officer means any person appointed oremployed by a public or private entity as a humane officer who is

95

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-5- AB 1435

qualified pursuant to Section 14502 or 14503 of the CorporationsCode

(32) A clergy member as specified in subdivision (d) of Section11166 As used in this article clergy member means a priestminister rabbi religious practitioner or similar functionary of achurch temple or recognized denomination or organization

(33) Any custodian of records of a clergy member as specifiedin this section and subdivision (d) of Section 11166

(34) Any employee of any police department county sheriffsdepartment county probation department or county welfaredepartment

(35) An employee or volunteer of a Court Appointed SpecialAdvocate program as defined in Rule 1424 ofthe California Rulesof Court

(36) A custodial officer as defined in Section 8315(37) Any person providing services to a minor child under

Section 12300 or 123001 of the Welfare and Institutions Code(38) An alcohol and drug counselor As used in this article an

alcohol and drug counselor is a person providing counselingtherapy or other clinical services for a state licensed or certifieddrug alcohol or drug and alcohol treatment program Howeveralcohol or drug abuse or both alcohol and drug abuse is not inand of itself a sufficient basis for reporting child abuse or neglect

(39) A clinical counselor trainee as defined in subdivision (g)of Section 499912 of the Business and Professions Code

(40) A clinical counselor intern registered under Section 499942of the Business and Professions Code

(41) An athletic coach athletic administrator or athletic directoremployed by a public or private organization including but notlimited to schools and instittttions of higher e6ueation thatprovidekindergarten or any of grades 1 to 12 inclusive

(b) Except as provided in paragraph (35) of subdivision (a)volunteers of public or private organizations whose duties requiredirect contact with and supervision of children are not mandatedreporters but are encouraged to obtain training in the identificationand reporting of child abuse and neglect and are further encouragedto report known or suspected instances of child abuse or neglectto an agency specified in Section 111659

(c) Employers are strongly encouraged to provide theiremployees who are mandated reporters with training in the duties

95

123456789

101112131415161718192021222324252627282930313233343536373839

AB 1435 -6-

imposed by this article This training shall include training in childabuse and neglect identification and training in child abuse andneglect reporting Whether or not employers provide theiremployees with training in child abuse and neglect identificationand reporting the employers shall provide their employees whoare mandated reporters with the statement required pursuant tosubdivision (a) of Section 111665

(d) School districts that do not train their employees specifiedin subdivision (a) in the duties of mandated reporters under thechild abuse reporting laws shall report to the State Department ofEducation the reasons why this training is not provided

(e) Unless otherwise specifically provided the absence oftraining shall not excuse a mandated reporter from the dutiesimposed by this article

(f) Public and private organizations are encouraged to providetheir volunteers whose duties require direct contact with andsupervision of children with training in the identification andreporting of child abuse and neglect

(g) (1) On 6r befure Jttmtary 1 2014 ttll) pttblie 6r privflie6rganizttti6ftemp16ing ttft Mhletie e6tteh Mhletie ttdmimstrltt6r6r Mhletie direet6r ttSspeeified ift pMttgrttph (41) 6f sttbdivisi6ft(tt) shttll pr6 vide iftitittl trttining f6r th6se empl~ ees 6n thefull6vvingmtttters

(A) The identifiettti6n 6f ehild ttbttse ttnd negleet(D) Aeti vities thttt e6ftstitttte inltppr6prittte ttftd illegttl e6ntttet

betiveen tt 6tlth ltftd ltft ttthietie e6tteh Mhletie ttdmiftistrttt6r 6rttthietie direet6r

(6) The resp6nsibilities 6f tt pers6n identified lIStt mttndfliedrep6rter in this seeti6n ineIttding btl ft6t limited t6 ttll 6f thefull6 vving

(i) T6 ~h6m tt rep6rt is reqtlired t6 be mttde(ii) The inf6rmttti6n thttt is reqttired t6 be ifte1ttdedin tt rep6rt(iii) The time vvithiftvvhieha mandated rep6rter is reqttired t6

file tt rep6rt(2) Initittl training shall be pr6vided b perS6ftSkn6vvledgeltble

ift the identifiettti6n 6fehild aettse ttnd negleet inltppf6prittte ltftdillegal e6ntaet bem eena 6ttth and ltftadttIt ltftdstatttt6ry rep6rtingreqttiremeftts ltftdshttll e6nsist 6ftw6 h6ttrs 6felassr66m 6r 6therinteraetive trainiftg ltftdedttettti6n

95

-7- AB 1435

1 (h) Commeneing on fmd aftel Jfmtlftry12014 fmofgfmization2 speeified in sttbdivision (g) shaHpro ide initial training within six3 months of the date that fm individtutl beeomes empleryed as an4 Mhletie eoaeh athletie administrator or athletie direetor ttnless5 the indi idttal reeei ed training Hithin tw0 years prior to the date6 the indi idtlal is empleryed An Mhletie eoaeh athletie7 administrator or athletie direetor Hho has leeeied initial training8 ptlfStlafttto sttbdiision (g) shall eomplete eontifttling training9 thereafter onee eery two years eonsisting of one hottf of

10 elassroom or other interaeti e training fmd edtteation11 SEC 2 No reimbtlrsement is reqtlired by this aet pttfStlafttto12 Seetion 6 ofArtiele )GIlD of the California Constitution for eertain13 eosts that may be inetllTed by a loeal ageney or sehool distriet14 beeatlse ift that regard this aet ereates a nev erime or infraetion15 eliminates a erime or infraetion or ehfmges the penalty fOfa erime16 or inflaetion Hithin the meaning of Seetion 17556 of the17 Goemment Code or ehanges the definition ofa elime Hithin the18 meaning of Seetion 6 of Aniele XIII D of the Califomia19 Constitution20 IIo~eer if the Commission on State Mfmdates determines that21 this aet eontainsother eosts mfmdated by the state reimbttfsement22 to loeal ageneies fmd sehool distliets for those eosts shall be made23 ptlfStlafttto Part 7 (eommeneing Hith Seetion 17500) of Division24 4 of Title 2 of the Goemment Code25 SEC 2 No reimbursement is required by this act pursuant to26 Section 6 of Article XIII B of the California Constitution because27 the only costs that may be incurred by a local agency or school28 district will be incurred because this act creates a new crime or29 infraction eliminates a crime or infraction or changes thepenalty30 for a crime or infraction within the meaning of Section 17556 of31 the Government Code or changes the definition of a crime within32 the meaning of Section 6 of Article XIII B of the California33 Constitution

o

95

AB 1904 Assembly Bill Status

MEASURE AUTHOR(S)TOPIC

HOUSE

CURRENT BILL STATUS

AB No 1904Block Butler and

Professions and vocationslicenses

LOCATION

Cookmilitary spouses temporary

TYPE OF BILL

SEN

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyAppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpub11-12billasmab _1901-1950ab _1904_ bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes Noes OOPASS17

An act to add Section 1155 to the Business andProfessions Code relating to professions and vocationsand making an appropriation therefor

-

AB 1588 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1588AUTHOR(S) Atkins (Principal coauthors Cook and Nielsen)

(Coauthors Block Beth Gaines Pan V Manuel PerezWilliams and Yamada)

TOPIC Professions and vocations reservist licensees fees andcontinuing education

HOUSE LOCATION SEN+LAST AMENDED DATE 03052012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS forLAST

LAST

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

TITLE An act to add Section 1143 to the Business andProfessions Code relating to professions and vocations

htlpllwwwleginfocagovpubll-12Ibillasmlab _1551-1600ab _1588 _bill_20120601_statu 652012

middot

AMENDED IN ASSEMBLY MARCH 5 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1588

Introduced by Assembly Member Atkins(Principal coauthors Assembly Members Cook and Nielsen)

(Coauthors Assembly Members Block Beth Gaines PanV Manuel Perez Williams and Yamada)

February 6 2012

An act to add Section 1143 to the Business and Professions Coderelating to professions and vocations

LEGISLATIVE COUNSELS DIGEST

AB 1588 as amended Atkins Professions and vocations reservistlicensees fees and continuing education

Existing law provides for the regulation of various professions andvocations by boards commissions or bureaus within the Departmentof Consumer Affairs and for the licensure or registration of individualsin that regard Existing law authorizes any licensee whose licenseexpired while he or she was on active duty as a member of the CaliforniaNational Guard or the United States Armed Forces to reinstate his orher license without examination or penalty if certain requirements aremet

This bill would require the boards commissions or bureaus describedabove to waive the renewal fees and continuing education requirementsif either is applicable of any licensee or registrant who is a reservistcalled to active duty as a member of the United States Military Reserveor the California National Guard if certain requirements are met

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

98

AB 1588 -2-

Thepeople of the State of Califomi a do enact asfollows

1 SECTION 1 Section 1143 is added to the Business and2 Professions Code to read3 1143 Notwithstanding any other provision oflaw everyboard4 commission or bureau within the department shall waive the5 renewal fees and continuing education requirements if either is6 applicable for any licensee or registrant who is a reservist called7 to active duty as a member of the United States Military Reserve8 or the California National Guard if all of the following9 requirements are met

10 (a) The licensee or registrant was in good standing with the11 board commission or bureau at the time the reservist was called12 to active duty13 (b) The renewal fees or continuing education requirements are14 waived only for the period during which the reservist is on active15 duty service16 (c) The active duty reservist or the active duty reservists spouse17 or registered domestic partner provides written notice satisfactory18 to the board commission or bureau that substantiates the19 reservists active duty service

o

98

AB 1896 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1896AUTHOR(S) ChesbroTOPIC Tribal health programs health care practitionersHOUSE LOCATION SEN+LAST AMENDED DATE 03272012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATIONCOMM ACTION DATECOMM ACTIONCOMM VOTE SUMMARY

ASM

05172012Referred to Com on B P amp EDBUSINESS PROFESSIONS AND CONSUMER PROTECTION04102012

Do passAyes 09 Noes OOPASS

TITLE An act to amend the heading of Article 10 (commencingwith Section 710) of Chapter 1 of Division 2 of and toadd Section 719 to the Business and Professions Coderelating to healing arts

httpwwwleginfocagovpubI11-12lbillasmab_1851-1900ab_1896_bill_20120517 _statu 652012

-

AMENDED IN ASSEMBLY MARCH 27 2012

CALIFORNIA LEGISLATURE-20II-12 REGULAR SESSION

ASSEMBLY BILL No 1896

Introduced by Assembly Member Chesbro

February 222012

An act to amend the heading of Article 10 (commencing with Section710) of Chapter 1 of Division 2 of and to add Section 719 to theBusiness and Professions Code relating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1896 as amended Chesbro Tribal health programs health carepractitioners

Under existing federal law licensed health professionals employedby a tribal health program are required to be exempt if licensed in anystate from the licensing requirements of the state in which the tribalhealth program performs specified services A tribal health program isdefined as an Indian tribe or tribal organization that operates any healthprogram service function activity or facility funded in whole or partby the Indian Health Service

Existing law provides for the licensure and regulation of health carepractitioners by various healing arts boards within the Department ofConsumer Affairs

This bill would codify that federal requirement by specifying that aperson who is licensed as a health care practitioner in any other stateand is employed by a tribal health program is exempt from any statelicensing requirement with respect to acts authorized under thepersonslicense where the tribal health program performs specified services

Vote majority Appropriation no Fiscal committee noState-mandated local program no

98

AD 1896 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 The heading of Article 10 (commencing with2 Section 710) of Chapter 1 of Division 2 of the Business and3 Professions Code is amended to read456789

101112131415161718192021

Article 10 Federal Personnel and Tribal Health Programs

SEC 2 Section 719 is added to the Business and ProfessionsCode to read

719 (a) A person who is licensed as a health care practitionerin any other state and is employed by a tribal health program asdefined in Section 1603 of Title 25 of the United States Code shallbe exempt from any licensing requirement described in this divisionwith respect to acts authorized under the persons license wherethe tribal health program performs the services described in thecontract or compact of the tribal health program under the IndianSelf-Determination and Education Assistance Act (25 USC Sec450 et seq)

(b) For purposes of this section health care practitioner meansany person who engages in acts that are the subject of licensureor regulation under this division or Ml) initiative 8et referred to inthis division the law of any other state

o

98

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1904

Introduced by Assembly Members Block Butler and Cook

February 222012

An act to add Section 1155 to the Business and Professions Coderelating to professions and vocations and making an appropriationtherefor

LEGISLATIVE COUNSELS DIGEST

AB 1904 as introduced Block Professions and vocations militaryspouses temporary licenses

Existing law provides for the licensure and regulation of variousprofessions and vocations by boards within the Department of ConsumerAffairs Existing law provides for the issuance of reciprocal licenses incertain fields where the applicant among other requirements has alicense to practice within that field in another jurisdiction as specifiedUnder existing law licensing fees imposed by certain boards withinthe department are deposited in funds that are continuously appropriated

This bill would authorize a board within the department to issue atemporary license to an applicant who among other requirements holdsan equivalent license in another jurisdiction as specified and is marriedto or in a legal union with an active duty member of the Armed Forcesofthe United States who is assigned to a duty station in California underofficial active duty military orders The bill would require a board toexpedite the process for issuing these temporary licenses The bill wouldrequire the applicant to pay any fees required by the board and wouldrequire that those fees be deposited in the fund used by the board toadminister its licensing program To the extent that the bill would

99

AB 1904 -2-

increase the amount of money deposited into a continuously appropriatedfund the bill would make an appropriation

Vote majority Appropriation yes Fiscal committee yesState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 1155 is added to the Business and2 Professions Code to read3 1155 (a) A board within the department may issue a4 temporary license to an applicant who meets all of the following5 requirements6 (l) Submits an application in the manner prescribed by the7 board8 (2) Supplies evidence satisfactory to the board that the applicant9 is married to or in a domestic partnership or other legal union

10 with an active duty member of the Armed Forces of the United11 States who is assigned to a duty station in this state under official12 active duty military orders13 (3) Holds a current license in another state district or territory14 of the United States with the requirements that the board determines15 are substantially equivalent to those established under this code16 for that occupation17 (4) Has not committed an act in anyjurisdiction that would have18 constituted grounds for denial suspension or revocation of the19 license under this code at the time the act was committed20 (5) Has not been disciplined by a licensing entity in another21 jurisdiction and is not the subject of an unresolved complaint22 review procedure or disciplinary proceeding conducted by a23 licensing entity in another jurisdiction24 (6) Pays any fees required by the board Those fees shall be25 deposited in the applicable fund or account used by the board to26 administer its licensing program27 (7) Submits fingerprints and any applicable fingerprinting fee28 in the manner required of an applicant for a regular license29 (b) A board shall expedite the procedure for issuing a temporary30 license pursuant to this section31 (c) A temporary license issued under this section shall be valid32 for 180 days except that the license may at the discretion of the

99

-3- AB 1904

I board be extended for an additional180-day period on application2 of the license holder3 (d) A board may adopt regulations necessary to administer this4 section

o

99

AB 1932 Assembly Bill Status

MEASURE AUTHOR(S)TOPICHOUSE+LAST

CURRENT BILL STATUS

AB No 1932Gorell (Coauthor Cook)

United States armed services healing arts boardsLOCATION SENAMENDED DATE 04172012

TYPE OF BILL

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpubI11-12Ibillasmab_1901-1950ab_1932_bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

An act to add Section 7102 to the Business andProfessions Code relating to healing arts

-

AMENDED IN ASSEMBLY APRIL 172012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1932

Introduced by Assembly Member-Ceek Gorell(Coauthor Assembly Member Cook)

February 222012

An act to add Section 7102 to the Business and Professions Coderelating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1932 as amended euroook Gorell United States armed serviceshealing arts boards

Existing law provides for the licensure and regulation of varioushealing arts professions and vocations by boards within the Departmentof Consumer Affairs Existing law requires the rules and regulations ofthese healing arts boards to provide for methods of evaluating educationtraining and experience obtained in military service if such training isapplicable to the requirements of the particular profession or vocationregulated by the board Under existing law the Department of VeteransAffairs has specified powers and duties relating to various programsserving veterans

This bill would require by January 12014 and annually thereafterevery healing arts board to issue a specified written report to theDepartment of Veterans Affairs and the Legislature as specified thatclearly details the methods of evaluating the education training andexperience obtained in military service and whether that educationtraining and experience is applicable to the boards requirements forlicensure The bill would declare the intent of the Legislature in thisregard

98

AB 1932 -2-

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 710 of the Business and Professions Code2 was enacted in 1969 and because healing arts boards have not3 demonstrated significant compliance with that section it is the4 intent of the Legislature to establish an annual reporting5 requirement to compel these boards to provide information about6 the methods of evaluating education training and experience7 obtained in military service in order to meet the needs of the8 upcoming wave of armed service members returning to civilian9 life

10 SEC 2 Section 7102 is added to the Business and Professions11 Code to read12 7102 (a) By January 12014 and annually thereafter every13 healing arts board described in this division shall issue a written14 report to the Department of Veterans Affairs and to the Legislature15 that clearly details the methods of evaluating the education16 training and experience obtained in military service and whether17 that education training and experience is applicable to the boards18 requirements for licensure This written report shall include but19 not be limited to quantitative information about the number of20 service members who have applied for and have used their military21 education training and experience to fulfill the boards22 requirements for licensure23 (b) (1) The requirement to submit a report to the Legislature24 under subdivision (a) shall be inoperative on January 1 201825 pursuant to Section 102315 of the Government Code26 (2) A report to the Legislature shall be submitted in compliance27 with Section 9795 of the Government Code

o

98

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      • AGENDA ITEM 4
      • DISCUSSION AND POSSIBLE ACTION REGARDING PENDING LEGISLATION
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AB 1435 -4-

is currently licensed under Division 2 (commencing with Section500) of the Business and Professions Code

(22) Any emergency medical technician I or II paramedic orother person certified pursuant to Division 25 (commencing withSection 1797) of the Health and Safety Code

(23) A psychological assistant registered pursuant to Section2913 of the Business and Professions Code

(24) A marriage and family therapist trainee as defined insubdivision (c) of Section 498003 of the Business and ProfessionsCode

(25) An unlicensed marriage and family therapist internregistered under Section 498044 of the Business and ProfessionsCode

(26) A state or county public health employee who treats a minorfor venereal disease or any other condition

(27) A coroner(28) A medical examiner or any other person who performs

autopsies(29) A commercial film and photographic print processor as

specified in subdivision (e) of Section 11166 As used in thisarticle commercial film and photographic print processor meansany person who develops exposed photographic film into negativesslides or prints or who makes prints from negatives or slides forcompensation The term includes any employee of such a personit does not include a person who develops film or makes prints fora public agency

(30) A child visitation monitor As used in this article childvisitation monitor means any person who for financialcompensation acts as monitor of a visit between a child and anyother person when the monitoring of that visit has been orderedby a court of law

(31) An animal control officer or humane society officer Forthe purposes ofthis article the following terms have the followingmeanings

(A) Animal control officer means any person employed by acity county or city and county for the purpose of enforcing animalcontrol laws or regulations

(B) Humane society officer means any person appointed oremployed by a public or private entity as a humane officer who is

95

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-5- AB 1435

qualified pursuant to Section 14502 or 14503 of the CorporationsCode

(32) A clergy member as specified in subdivision (d) of Section11166 As used in this article clergy member means a priestminister rabbi religious practitioner or similar functionary of achurch temple or recognized denomination or organization

(33) Any custodian of records of a clergy member as specifiedin this section and subdivision (d) of Section 11166

(34) Any employee of any police department county sheriffsdepartment county probation department or county welfaredepartment

(35) An employee or volunteer of a Court Appointed SpecialAdvocate program as defined in Rule 1424 ofthe California Rulesof Court

(36) A custodial officer as defined in Section 8315(37) Any person providing services to a minor child under

Section 12300 or 123001 of the Welfare and Institutions Code(38) An alcohol and drug counselor As used in this article an

alcohol and drug counselor is a person providing counselingtherapy or other clinical services for a state licensed or certifieddrug alcohol or drug and alcohol treatment program Howeveralcohol or drug abuse or both alcohol and drug abuse is not inand of itself a sufficient basis for reporting child abuse or neglect

(39) A clinical counselor trainee as defined in subdivision (g)of Section 499912 of the Business and Professions Code

(40) A clinical counselor intern registered under Section 499942of the Business and Professions Code

(41) An athletic coach athletic administrator or athletic directoremployed by a public or private organization including but notlimited to schools and instittttions of higher e6ueation thatprovidekindergarten or any of grades 1 to 12 inclusive

(b) Except as provided in paragraph (35) of subdivision (a)volunteers of public or private organizations whose duties requiredirect contact with and supervision of children are not mandatedreporters but are encouraged to obtain training in the identificationand reporting of child abuse and neglect and are further encouragedto report known or suspected instances of child abuse or neglectto an agency specified in Section 111659

(c) Employers are strongly encouraged to provide theiremployees who are mandated reporters with training in the duties

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AB 1435 -6-

imposed by this article This training shall include training in childabuse and neglect identification and training in child abuse andneglect reporting Whether or not employers provide theiremployees with training in child abuse and neglect identificationand reporting the employers shall provide their employees whoare mandated reporters with the statement required pursuant tosubdivision (a) of Section 111665

(d) School districts that do not train their employees specifiedin subdivision (a) in the duties of mandated reporters under thechild abuse reporting laws shall report to the State Department ofEducation the reasons why this training is not provided

(e) Unless otherwise specifically provided the absence oftraining shall not excuse a mandated reporter from the dutiesimposed by this article

(f) Public and private organizations are encouraged to providetheir volunteers whose duties require direct contact with andsupervision of children with training in the identification andreporting of child abuse and neglect

(g) (1) On 6r befure Jttmtary 1 2014 ttll) pttblie 6r privflie6rganizttti6ftemp16ing ttft Mhletie e6tteh Mhletie ttdmimstrltt6r6r Mhletie direet6r ttSspeeified ift pMttgrttph (41) 6f sttbdivisi6ft(tt) shttll pr6 vide iftitittl trttining f6r th6se empl~ ees 6n thefull6vvingmtttters

(A) The identifiettti6n 6f ehild ttbttse ttnd negleet(D) Aeti vities thttt e6ftstitttte inltppr6prittte ttftd illegttl e6ntttet

betiveen tt 6tlth ltftd ltft ttthietie e6tteh Mhletie ttdmiftistrttt6r 6rttthietie direet6r

(6) The resp6nsibilities 6f tt pers6n identified lIStt mttndfliedrep6rter in this seeti6n ineIttding btl ft6t limited t6 ttll 6f thefull6 vving

(i) T6 ~h6m tt rep6rt is reqtlired t6 be mttde(ii) The inf6rmttti6n thttt is reqttired t6 be ifte1ttdedin tt rep6rt(iii) The time vvithiftvvhieha mandated rep6rter is reqttired t6

file tt rep6rt(2) Initittl training shall be pr6vided b perS6ftSkn6vvledgeltble

ift the identifiettti6n 6fehild aettse ttnd negleet inltppf6prittte ltftdillegal e6ntaet bem eena 6ttth and ltftadttIt ltftdstatttt6ry rep6rtingreqttiremeftts ltftdshttll e6nsist 6ftw6 h6ttrs 6felassr66m 6r 6therinteraetive trainiftg ltftdedttettti6n

95

-7- AB 1435

1 (h) Commeneing on fmd aftel Jfmtlftry12014 fmofgfmization2 speeified in sttbdivision (g) shaHpro ide initial training within six3 months of the date that fm individtutl beeomes empleryed as an4 Mhletie eoaeh athletie administrator or athletie direetor ttnless5 the indi idttal reeei ed training Hithin tw0 years prior to the date6 the indi idtlal is empleryed An Mhletie eoaeh athletie7 administrator or athletie direetor Hho has leeeied initial training8 ptlfStlafttto sttbdiision (g) shall eomplete eontifttling training9 thereafter onee eery two years eonsisting of one hottf of

10 elassroom or other interaeti e training fmd edtteation11 SEC 2 No reimbtlrsement is reqtlired by this aet pttfStlafttto12 Seetion 6 ofArtiele )GIlD of the California Constitution for eertain13 eosts that may be inetllTed by a loeal ageney or sehool distriet14 beeatlse ift that regard this aet ereates a nev erime or infraetion15 eliminates a erime or infraetion or ehfmges the penalty fOfa erime16 or inflaetion Hithin the meaning of Seetion 17556 of the17 Goemment Code or ehanges the definition ofa elime Hithin the18 meaning of Seetion 6 of Aniele XIII D of the Califomia19 Constitution20 IIo~eer if the Commission on State Mfmdates determines that21 this aet eontainsother eosts mfmdated by the state reimbttfsement22 to loeal ageneies fmd sehool distliets for those eosts shall be made23 ptlfStlafttto Part 7 (eommeneing Hith Seetion 17500) of Division24 4 of Title 2 of the Goemment Code25 SEC 2 No reimbursement is required by this act pursuant to26 Section 6 of Article XIII B of the California Constitution because27 the only costs that may be incurred by a local agency or school28 district will be incurred because this act creates a new crime or29 infraction eliminates a crime or infraction or changes thepenalty30 for a crime or infraction within the meaning of Section 17556 of31 the Government Code or changes the definition of a crime within32 the meaning of Section 6 of Article XIII B of the California33 Constitution

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AB 1904 Assembly Bill Status

MEASURE AUTHOR(S)TOPIC

HOUSE

CURRENT BILL STATUS

AB No 1904Block Butler and

Professions and vocationslicenses

LOCATION

Cookmilitary spouses temporary

TYPE OF BILL

SEN

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyAppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpub11-12billasmab _1901-1950ab _1904_ bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes Noes OOPASS17

An act to add Section 1155 to the Business andProfessions Code relating to professions and vocationsand making an appropriation therefor

-

AB 1588 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1588AUTHOR(S) Atkins (Principal coauthors Cook and Nielsen)

(Coauthors Block Beth Gaines Pan V Manuel PerezWilliams and Yamada)

TOPIC Professions and vocations reservist licensees fees andcontinuing education

HOUSE LOCATION SEN+LAST AMENDED DATE 03052012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS forLAST

LAST

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

TITLE An act to add Section 1143 to the Business andProfessions Code relating to professions and vocations

htlpllwwwleginfocagovpubll-12Ibillasmlab _1551-1600ab _1588 _bill_20120601_statu 652012

middot

AMENDED IN ASSEMBLY MARCH 5 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1588

Introduced by Assembly Member Atkins(Principal coauthors Assembly Members Cook and Nielsen)

(Coauthors Assembly Members Block Beth Gaines PanV Manuel Perez Williams and Yamada)

February 6 2012

An act to add Section 1143 to the Business and Professions Coderelating to professions and vocations

LEGISLATIVE COUNSELS DIGEST

AB 1588 as amended Atkins Professions and vocations reservistlicensees fees and continuing education

Existing law provides for the regulation of various professions andvocations by boards commissions or bureaus within the Departmentof Consumer Affairs and for the licensure or registration of individualsin that regard Existing law authorizes any licensee whose licenseexpired while he or she was on active duty as a member of the CaliforniaNational Guard or the United States Armed Forces to reinstate his orher license without examination or penalty if certain requirements aremet

This bill would require the boards commissions or bureaus describedabove to waive the renewal fees and continuing education requirementsif either is applicable of any licensee or registrant who is a reservistcalled to active duty as a member of the United States Military Reserveor the California National Guard if certain requirements are met

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

98

AB 1588 -2-

Thepeople of the State of Califomi a do enact asfollows

1 SECTION 1 Section 1143 is added to the Business and2 Professions Code to read3 1143 Notwithstanding any other provision oflaw everyboard4 commission or bureau within the department shall waive the5 renewal fees and continuing education requirements if either is6 applicable for any licensee or registrant who is a reservist called7 to active duty as a member of the United States Military Reserve8 or the California National Guard if all of the following9 requirements are met

10 (a) The licensee or registrant was in good standing with the11 board commission or bureau at the time the reservist was called12 to active duty13 (b) The renewal fees or continuing education requirements are14 waived only for the period during which the reservist is on active15 duty service16 (c) The active duty reservist or the active duty reservists spouse17 or registered domestic partner provides written notice satisfactory18 to the board commission or bureau that substantiates the19 reservists active duty service

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AB 1896 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1896AUTHOR(S) ChesbroTOPIC Tribal health programs health care practitionersHOUSE LOCATION SEN+LAST AMENDED DATE 03272012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATIONCOMM ACTION DATECOMM ACTIONCOMM VOTE SUMMARY

ASM

05172012Referred to Com on B P amp EDBUSINESS PROFESSIONS AND CONSUMER PROTECTION04102012

Do passAyes 09 Noes OOPASS

TITLE An act to amend the heading of Article 10 (commencingwith Section 710) of Chapter 1 of Division 2 of and toadd Section 719 to the Business and Professions Coderelating to healing arts

httpwwwleginfocagovpubI11-12lbillasmab_1851-1900ab_1896_bill_20120517 _statu 652012

-

AMENDED IN ASSEMBLY MARCH 27 2012

CALIFORNIA LEGISLATURE-20II-12 REGULAR SESSION

ASSEMBLY BILL No 1896

Introduced by Assembly Member Chesbro

February 222012

An act to amend the heading of Article 10 (commencing with Section710) of Chapter 1 of Division 2 of and to add Section 719 to theBusiness and Professions Code relating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1896 as amended Chesbro Tribal health programs health carepractitioners

Under existing federal law licensed health professionals employedby a tribal health program are required to be exempt if licensed in anystate from the licensing requirements of the state in which the tribalhealth program performs specified services A tribal health program isdefined as an Indian tribe or tribal organization that operates any healthprogram service function activity or facility funded in whole or partby the Indian Health Service

Existing law provides for the licensure and regulation of health carepractitioners by various healing arts boards within the Department ofConsumer Affairs

This bill would codify that federal requirement by specifying that aperson who is licensed as a health care practitioner in any other stateand is employed by a tribal health program is exempt from any statelicensing requirement with respect to acts authorized under thepersonslicense where the tribal health program performs specified services

Vote majority Appropriation no Fiscal committee noState-mandated local program no

98

AD 1896 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 The heading of Article 10 (commencing with2 Section 710) of Chapter 1 of Division 2 of the Business and3 Professions Code is amended to read456789

101112131415161718192021

Article 10 Federal Personnel and Tribal Health Programs

SEC 2 Section 719 is added to the Business and ProfessionsCode to read

719 (a) A person who is licensed as a health care practitionerin any other state and is employed by a tribal health program asdefined in Section 1603 of Title 25 of the United States Code shallbe exempt from any licensing requirement described in this divisionwith respect to acts authorized under the persons license wherethe tribal health program performs the services described in thecontract or compact of the tribal health program under the IndianSelf-Determination and Education Assistance Act (25 USC Sec450 et seq)

(b) For purposes of this section health care practitioner meansany person who engages in acts that are the subject of licensureor regulation under this division or Ml) initiative 8et referred to inthis division the law of any other state

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CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1904

Introduced by Assembly Members Block Butler and Cook

February 222012

An act to add Section 1155 to the Business and Professions Coderelating to professions and vocations and making an appropriationtherefor

LEGISLATIVE COUNSELS DIGEST

AB 1904 as introduced Block Professions and vocations militaryspouses temporary licenses

Existing law provides for the licensure and regulation of variousprofessions and vocations by boards within the Department of ConsumerAffairs Existing law provides for the issuance of reciprocal licenses incertain fields where the applicant among other requirements has alicense to practice within that field in another jurisdiction as specifiedUnder existing law licensing fees imposed by certain boards withinthe department are deposited in funds that are continuously appropriated

This bill would authorize a board within the department to issue atemporary license to an applicant who among other requirements holdsan equivalent license in another jurisdiction as specified and is marriedto or in a legal union with an active duty member of the Armed Forcesofthe United States who is assigned to a duty station in California underofficial active duty military orders The bill would require a board toexpedite the process for issuing these temporary licenses The bill wouldrequire the applicant to pay any fees required by the board and wouldrequire that those fees be deposited in the fund used by the board toadminister its licensing program To the extent that the bill would

99

AB 1904 -2-

increase the amount of money deposited into a continuously appropriatedfund the bill would make an appropriation

Vote majority Appropriation yes Fiscal committee yesState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 1155 is added to the Business and2 Professions Code to read3 1155 (a) A board within the department may issue a4 temporary license to an applicant who meets all of the following5 requirements6 (l) Submits an application in the manner prescribed by the7 board8 (2) Supplies evidence satisfactory to the board that the applicant9 is married to or in a domestic partnership or other legal union

10 with an active duty member of the Armed Forces of the United11 States who is assigned to a duty station in this state under official12 active duty military orders13 (3) Holds a current license in another state district or territory14 of the United States with the requirements that the board determines15 are substantially equivalent to those established under this code16 for that occupation17 (4) Has not committed an act in anyjurisdiction that would have18 constituted grounds for denial suspension or revocation of the19 license under this code at the time the act was committed20 (5) Has not been disciplined by a licensing entity in another21 jurisdiction and is not the subject of an unresolved complaint22 review procedure or disciplinary proceeding conducted by a23 licensing entity in another jurisdiction24 (6) Pays any fees required by the board Those fees shall be25 deposited in the applicable fund or account used by the board to26 administer its licensing program27 (7) Submits fingerprints and any applicable fingerprinting fee28 in the manner required of an applicant for a regular license29 (b) A board shall expedite the procedure for issuing a temporary30 license pursuant to this section31 (c) A temporary license issued under this section shall be valid32 for 180 days except that the license may at the discretion of the

99

-3- AB 1904

I board be extended for an additional180-day period on application2 of the license holder3 (d) A board may adopt regulations necessary to administer this4 section

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99

AB 1932 Assembly Bill Status

MEASURE AUTHOR(S)TOPICHOUSE+LAST

CURRENT BILL STATUS

AB No 1932Gorell (Coauthor Cook)

United States armed services healing arts boardsLOCATION SENAMENDED DATE 04172012

TYPE OF BILL

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpubI11-12Ibillasmab_1901-1950ab_1932_bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

An act to add Section 7102 to the Business andProfessions Code relating to healing arts

-

AMENDED IN ASSEMBLY APRIL 172012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1932

Introduced by Assembly Member-Ceek Gorell(Coauthor Assembly Member Cook)

February 222012

An act to add Section 7102 to the Business and Professions Coderelating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1932 as amended euroook Gorell United States armed serviceshealing arts boards

Existing law provides for the licensure and regulation of varioushealing arts professions and vocations by boards within the Departmentof Consumer Affairs Existing law requires the rules and regulations ofthese healing arts boards to provide for methods of evaluating educationtraining and experience obtained in military service if such training isapplicable to the requirements of the particular profession or vocationregulated by the board Under existing law the Department of VeteransAffairs has specified powers and duties relating to various programsserving veterans

This bill would require by January 12014 and annually thereafterevery healing arts board to issue a specified written report to theDepartment of Veterans Affairs and the Legislature as specified thatclearly details the methods of evaluating the education training andexperience obtained in military service and whether that educationtraining and experience is applicable to the boards requirements forlicensure The bill would declare the intent of the Legislature in thisregard

98

AB 1932 -2-

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 710 of the Business and Professions Code2 was enacted in 1969 and because healing arts boards have not3 demonstrated significant compliance with that section it is the4 intent of the Legislature to establish an annual reporting5 requirement to compel these boards to provide information about6 the methods of evaluating education training and experience7 obtained in military service in order to meet the needs of the8 upcoming wave of armed service members returning to civilian9 life

10 SEC 2 Section 7102 is added to the Business and Professions11 Code to read12 7102 (a) By January 12014 and annually thereafter every13 healing arts board described in this division shall issue a written14 report to the Department of Veterans Affairs and to the Legislature15 that clearly details the methods of evaluating the education16 training and experience obtained in military service and whether17 that education training and experience is applicable to the boards18 requirements for licensure This written report shall include but19 not be limited to quantitative information about the number of20 service members who have applied for and have used their military21 education training and experience to fulfill the boards22 requirements for licensure23 (b) (1) The requirement to submit a report to the Legislature24 under subdivision (a) shall be inoperative on January 1 201825 pursuant to Section 102315 of the Government Code26 (2) A report to the Legislature shall be submitted in compliance27 with Section 9795 of the Government Code

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-5- AB 1435

qualified pursuant to Section 14502 or 14503 of the CorporationsCode

(32) A clergy member as specified in subdivision (d) of Section11166 As used in this article clergy member means a priestminister rabbi religious practitioner or similar functionary of achurch temple or recognized denomination or organization

(33) Any custodian of records of a clergy member as specifiedin this section and subdivision (d) of Section 11166

(34) Any employee of any police department county sheriffsdepartment county probation department or county welfaredepartment

(35) An employee or volunteer of a Court Appointed SpecialAdvocate program as defined in Rule 1424 ofthe California Rulesof Court

(36) A custodial officer as defined in Section 8315(37) Any person providing services to a minor child under

Section 12300 or 123001 of the Welfare and Institutions Code(38) An alcohol and drug counselor As used in this article an

alcohol and drug counselor is a person providing counselingtherapy or other clinical services for a state licensed or certifieddrug alcohol or drug and alcohol treatment program Howeveralcohol or drug abuse or both alcohol and drug abuse is not inand of itself a sufficient basis for reporting child abuse or neglect

(39) A clinical counselor trainee as defined in subdivision (g)of Section 499912 of the Business and Professions Code

(40) A clinical counselor intern registered under Section 499942of the Business and Professions Code

(41) An athletic coach athletic administrator or athletic directoremployed by a public or private organization including but notlimited to schools and instittttions of higher e6ueation thatprovidekindergarten or any of grades 1 to 12 inclusive

(b) Except as provided in paragraph (35) of subdivision (a)volunteers of public or private organizations whose duties requiredirect contact with and supervision of children are not mandatedreporters but are encouraged to obtain training in the identificationand reporting of child abuse and neglect and are further encouragedto report known or suspected instances of child abuse or neglectto an agency specified in Section 111659

(c) Employers are strongly encouraged to provide theiremployees who are mandated reporters with training in the duties

95

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AB 1435 -6-

imposed by this article This training shall include training in childabuse and neglect identification and training in child abuse andneglect reporting Whether or not employers provide theiremployees with training in child abuse and neglect identificationand reporting the employers shall provide their employees whoare mandated reporters with the statement required pursuant tosubdivision (a) of Section 111665

(d) School districts that do not train their employees specifiedin subdivision (a) in the duties of mandated reporters under thechild abuse reporting laws shall report to the State Department ofEducation the reasons why this training is not provided

(e) Unless otherwise specifically provided the absence oftraining shall not excuse a mandated reporter from the dutiesimposed by this article

(f) Public and private organizations are encouraged to providetheir volunteers whose duties require direct contact with andsupervision of children with training in the identification andreporting of child abuse and neglect

(g) (1) On 6r befure Jttmtary 1 2014 ttll) pttblie 6r privflie6rganizttti6ftemp16ing ttft Mhletie e6tteh Mhletie ttdmimstrltt6r6r Mhletie direet6r ttSspeeified ift pMttgrttph (41) 6f sttbdivisi6ft(tt) shttll pr6 vide iftitittl trttining f6r th6se empl~ ees 6n thefull6vvingmtttters

(A) The identifiettti6n 6f ehild ttbttse ttnd negleet(D) Aeti vities thttt e6ftstitttte inltppr6prittte ttftd illegttl e6ntttet

betiveen tt 6tlth ltftd ltft ttthietie e6tteh Mhletie ttdmiftistrttt6r 6rttthietie direet6r

(6) The resp6nsibilities 6f tt pers6n identified lIStt mttndfliedrep6rter in this seeti6n ineIttding btl ft6t limited t6 ttll 6f thefull6 vving

(i) T6 ~h6m tt rep6rt is reqtlired t6 be mttde(ii) The inf6rmttti6n thttt is reqttired t6 be ifte1ttdedin tt rep6rt(iii) The time vvithiftvvhieha mandated rep6rter is reqttired t6

file tt rep6rt(2) Initittl training shall be pr6vided b perS6ftSkn6vvledgeltble

ift the identifiettti6n 6fehild aettse ttnd negleet inltppf6prittte ltftdillegal e6ntaet bem eena 6ttth and ltftadttIt ltftdstatttt6ry rep6rtingreqttiremeftts ltftdshttll e6nsist 6ftw6 h6ttrs 6felassr66m 6r 6therinteraetive trainiftg ltftdedttettti6n

95

-7- AB 1435

1 (h) Commeneing on fmd aftel Jfmtlftry12014 fmofgfmization2 speeified in sttbdivision (g) shaHpro ide initial training within six3 months of the date that fm individtutl beeomes empleryed as an4 Mhletie eoaeh athletie administrator or athletie direetor ttnless5 the indi idttal reeei ed training Hithin tw0 years prior to the date6 the indi idtlal is empleryed An Mhletie eoaeh athletie7 administrator or athletie direetor Hho has leeeied initial training8 ptlfStlafttto sttbdiision (g) shall eomplete eontifttling training9 thereafter onee eery two years eonsisting of one hottf of

10 elassroom or other interaeti e training fmd edtteation11 SEC 2 No reimbtlrsement is reqtlired by this aet pttfStlafttto12 Seetion 6 ofArtiele )GIlD of the California Constitution for eertain13 eosts that may be inetllTed by a loeal ageney or sehool distriet14 beeatlse ift that regard this aet ereates a nev erime or infraetion15 eliminates a erime or infraetion or ehfmges the penalty fOfa erime16 or inflaetion Hithin the meaning of Seetion 17556 of the17 Goemment Code or ehanges the definition ofa elime Hithin the18 meaning of Seetion 6 of Aniele XIII D of the Califomia19 Constitution20 IIo~eer if the Commission on State Mfmdates determines that21 this aet eontainsother eosts mfmdated by the state reimbttfsement22 to loeal ageneies fmd sehool distliets for those eosts shall be made23 ptlfStlafttto Part 7 (eommeneing Hith Seetion 17500) of Division24 4 of Title 2 of the Goemment Code25 SEC 2 No reimbursement is required by this act pursuant to26 Section 6 of Article XIII B of the California Constitution because27 the only costs that may be incurred by a local agency or school28 district will be incurred because this act creates a new crime or29 infraction eliminates a crime or infraction or changes thepenalty30 for a crime or infraction within the meaning of Section 17556 of31 the Government Code or changes the definition of a crime within32 the meaning of Section 6 of Article XIII B of the California33 Constitution

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95

AB 1904 Assembly Bill Status

MEASURE AUTHOR(S)TOPIC

HOUSE

CURRENT BILL STATUS

AB No 1904Block Butler and

Professions and vocationslicenses

LOCATION

Cookmilitary spouses temporary

TYPE OF BILL

SEN

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyAppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpub11-12billasmab _1901-1950ab _1904_ bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes Noes OOPASS17

An act to add Section 1155 to the Business andProfessions Code relating to professions and vocationsand making an appropriation therefor

-

AB 1588 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1588AUTHOR(S) Atkins (Principal coauthors Cook and Nielsen)

(Coauthors Block Beth Gaines Pan V Manuel PerezWilliams and Yamada)

TOPIC Professions and vocations reservist licensees fees andcontinuing education

HOUSE LOCATION SEN+LAST AMENDED DATE 03052012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS forLAST

LAST

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

TITLE An act to add Section 1143 to the Business andProfessions Code relating to professions and vocations

htlpllwwwleginfocagovpubll-12Ibillasmlab _1551-1600ab _1588 _bill_20120601_statu 652012

middot

AMENDED IN ASSEMBLY MARCH 5 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1588

Introduced by Assembly Member Atkins(Principal coauthors Assembly Members Cook and Nielsen)

(Coauthors Assembly Members Block Beth Gaines PanV Manuel Perez Williams and Yamada)

February 6 2012

An act to add Section 1143 to the Business and Professions Coderelating to professions and vocations

LEGISLATIVE COUNSELS DIGEST

AB 1588 as amended Atkins Professions and vocations reservistlicensees fees and continuing education

Existing law provides for the regulation of various professions andvocations by boards commissions or bureaus within the Departmentof Consumer Affairs and for the licensure or registration of individualsin that regard Existing law authorizes any licensee whose licenseexpired while he or she was on active duty as a member of the CaliforniaNational Guard or the United States Armed Forces to reinstate his orher license without examination or penalty if certain requirements aremet

This bill would require the boards commissions or bureaus describedabove to waive the renewal fees and continuing education requirementsif either is applicable of any licensee or registrant who is a reservistcalled to active duty as a member of the United States Military Reserveor the California National Guard if certain requirements are met

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

98

AB 1588 -2-

Thepeople of the State of Califomi a do enact asfollows

1 SECTION 1 Section 1143 is added to the Business and2 Professions Code to read3 1143 Notwithstanding any other provision oflaw everyboard4 commission or bureau within the department shall waive the5 renewal fees and continuing education requirements if either is6 applicable for any licensee or registrant who is a reservist called7 to active duty as a member of the United States Military Reserve8 or the California National Guard if all of the following9 requirements are met

10 (a) The licensee or registrant was in good standing with the11 board commission or bureau at the time the reservist was called12 to active duty13 (b) The renewal fees or continuing education requirements are14 waived only for the period during which the reservist is on active15 duty service16 (c) The active duty reservist or the active duty reservists spouse17 or registered domestic partner provides written notice satisfactory18 to the board commission or bureau that substantiates the19 reservists active duty service

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98

AB 1896 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1896AUTHOR(S) ChesbroTOPIC Tribal health programs health care practitionersHOUSE LOCATION SEN+LAST AMENDED DATE 03272012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATIONCOMM ACTION DATECOMM ACTIONCOMM VOTE SUMMARY

ASM

05172012Referred to Com on B P amp EDBUSINESS PROFESSIONS AND CONSUMER PROTECTION04102012

Do passAyes 09 Noes OOPASS

TITLE An act to amend the heading of Article 10 (commencingwith Section 710) of Chapter 1 of Division 2 of and toadd Section 719 to the Business and Professions Coderelating to healing arts

httpwwwleginfocagovpubI11-12lbillasmab_1851-1900ab_1896_bill_20120517 _statu 652012

-

AMENDED IN ASSEMBLY MARCH 27 2012

CALIFORNIA LEGISLATURE-20II-12 REGULAR SESSION

ASSEMBLY BILL No 1896

Introduced by Assembly Member Chesbro

February 222012

An act to amend the heading of Article 10 (commencing with Section710) of Chapter 1 of Division 2 of and to add Section 719 to theBusiness and Professions Code relating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1896 as amended Chesbro Tribal health programs health carepractitioners

Under existing federal law licensed health professionals employedby a tribal health program are required to be exempt if licensed in anystate from the licensing requirements of the state in which the tribalhealth program performs specified services A tribal health program isdefined as an Indian tribe or tribal organization that operates any healthprogram service function activity or facility funded in whole or partby the Indian Health Service

Existing law provides for the licensure and regulation of health carepractitioners by various healing arts boards within the Department ofConsumer Affairs

This bill would codify that federal requirement by specifying that aperson who is licensed as a health care practitioner in any other stateand is employed by a tribal health program is exempt from any statelicensing requirement with respect to acts authorized under thepersonslicense where the tribal health program performs specified services

Vote majority Appropriation no Fiscal committee noState-mandated local program no

98

AD 1896 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 The heading of Article 10 (commencing with2 Section 710) of Chapter 1 of Division 2 of the Business and3 Professions Code is amended to read456789

101112131415161718192021

Article 10 Federal Personnel and Tribal Health Programs

SEC 2 Section 719 is added to the Business and ProfessionsCode to read

719 (a) A person who is licensed as a health care practitionerin any other state and is employed by a tribal health program asdefined in Section 1603 of Title 25 of the United States Code shallbe exempt from any licensing requirement described in this divisionwith respect to acts authorized under the persons license wherethe tribal health program performs the services described in thecontract or compact of the tribal health program under the IndianSelf-Determination and Education Assistance Act (25 USC Sec450 et seq)

(b) For purposes of this section health care practitioner meansany person who engages in acts that are the subject of licensureor regulation under this division or Ml) initiative 8et referred to inthis division the law of any other state

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98

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1904

Introduced by Assembly Members Block Butler and Cook

February 222012

An act to add Section 1155 to the Business and Professions Coderelating to professions and vocations and making an appropriationtherefor

LEGISLATIVE COUNSELS DIGEST

AB 1904 as introduced Block Professions and vocations militaryspouses temporary licenses

Existing law provides for the licensure and regulation of variousprofessions and vocations by boards within the Department of ConsumerAffairs Existing law provides for the issuance of reciprocal licenses incertain fields where the applicant among other requirements has alicense to practice within that field in another jurisdiction as specifiedUnder existing law licensing fees imposed by certain boards withinthe department are deposited in funds that are continuously appropriated

This bill would authorize a board within the department to issue atemporary license to an applicant who among other requirements holdsan equivalent license in another jurisdiction as specified and is marriedto or in a legal union with an active duty member of the Armed Forcesofthe United States who is assigned to a duty station in California underofficial active duty military orders The bill would require a board toexpedite the process for issuing these temporary licenses The bill wouldrequire the applicant to pay any fees required by the board and wouldrequire that those fees be deposited in the fund used by the board toadminister its licensing program To the extent that the bill would

99

AB 1904 -2-

increase the amount of money deposited into a continuously appropriatedfund the bill would make an appropriation

Vote majority Appropriation yes Fiscal committee yesState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 1155 is added to the Business and2 Professions Code to read3 1155 (a) A board within the department may issue a4 temporary license to an applicant who meets all of the following5 requirements6 (l) Submits an application in the manner prescribed by the7 board8 (2) Supplies evidence satisfactory to the board that the applicant9 is married to or in a domestic partnership or other legal union

10 with an active duty member of the Armed Forces of the United11 States who is assigned to a duty station in this state under official12 active duty military orders13 (3) Holds a current license in another state district or territory14 of the United States with the requirements that the board determines15 are substantially equivalent to those established under this code16 for that occupation17 (4) Has not committed an act in anyjurisdiction that would have18 constituted grounds for denial suspension or revocation of the19 license under this code at the time the act was committed20 (5) Has not been disciplined by a licensing entity in another21 jurisdiction and is not the subject of an unresolved complaint22 review procedure or disciplinary proceeding conducted by a23 licensing entity in another jurisdiction24 (6) Pays any fees required by the board Those fees shall be25 deposited in the applicable fund or account used by the board to26 administer its licensing program27 (7) Submits fingerprints and any applicable fingerprinting fee28 in the manner required of an applicant for a regular license29 (b) A board shall expedite the procedure for issuing a temporary30 license pursuant to this section31 (c) A temporary license issued under this section shall be valid32 for 180 days except that the license may at the discretion of the

99

-3- AB 1904

I board be extended for an additional180-day period on application2 of the license holder3 (d) A board may adopt regulations necessary to administer this4 section

o

99

AB 1932 Assembly Bill Status

MEASURE AUTHOR(S)TOPICHOUSE+LAST

CURRENT BILL STATUS

AB No 1932Gorell (Coauthor Cook)

United States armed services healing arts boardsLOCATION SENAMENDED DATE 04172012

TYPE OF BILL

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpubI11-12Ibillasmab_1901-1950ab_1932_bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

An act to add Section 7102 to the Business andProfessions Code relating to healing arts

-

AMENDED IN ASSEMBLY APRIL 172012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1932

Introduced by Assembly Member-Ceek Gorell(Coauthor Assembly Member Cook)

February 222012

An act to add Section 7102 to the Business and Professions Coderelating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1932 as amended euroook Gorell United States armed serviceshealing arts boards

Existing law provides for the licensure and regulation of varioushealing arts professions and vocations by boards within the Departmentof Consumer Affairs Existing law requires the rules and regulations ofthese healing arts boards to provide for methods of evaluating educationtraining and experience obtained in military service if such training isapplicable to the requirements of the particular profession or vocationregulated by the board Under existing law the Department of VeteransAffairs has specified powers and duties relating to various programsserving veterans

This bill would require by January 12014 and annually thereafterevery healing arts board to issue a specified written report to theDepartment of Veterans Affairs and the Legislature as specified thatclearly details the methods of evaluating the education training andexperience obtained in military service and whether that educationtraining and experience is applicable to the boards requirements forlicensure The bill would declare the intent of the Legislature in thisregard

98

AB 1932 -2-

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 710 of the Business and Professions Code2 was enacted in 1969 and because healing arts boards have not3 demonstrated significant compliance with that section it is the4 intent of the Legislature to establish an annual reporting5 requirement to compel these boards to provide information about6 the methods of evaluating education training and experience7 obtained in military service in order to meet the needs of the8 upcoming wave of armed service members returning to civilian9 life

10 SEC 2 Section 7102 is added to the Business and Professions11 Code to read12 7102 (a) By January 12014 and annually thereafter every13 healing arts board described in this division shall issue a written14 report to the Department of Veterans Affairs and to the Legislature15 that clearly details the methods of evaluating the education16 training and experience obtained in military service and whether17 that education training and experience is applicable to the boards18 requirements for licensure This written report shall include but19 not be limited to quantitative information about the number of20 service members who have applied for and have used their military21 education training and experience to fulfill the boards22 requirements for licensure23 (b) (1) The requirement to submit a report to the Legislature24 under subdivision (a) shall be inoperative on January 1 201825 pursuant to Section 102315 of the Government Code26 (2) A report to the Legislature shall be submitted in compliance27 with Section 9795 of the Government Code

o

98

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      • AGENDA ITEM 4
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101112131415161718192021222324252627282930313233343536373839

AB 1435 -6-

imposed by this article This training shall include training in childabuse and neglect identification and training in child abuse andneglect reporting Whether or not employers provide theiremployees with training in child abuse and neglect identificationand reporting the employers shall provide their employees whoare mandated reporters with the statement required pursuant tosubdivision (a) of Section 111665

(d) School districts that do not train their employees specifiedin subdivision (a) in the duties of mandated reporters under thechild abuse reporting laws shall report to the State Department ofEducation the reasons why this training is not provided

(e) Unless otherwise specifically provided the absence oftraining shall not excuse a mandated reporter from the dutiesimposed by this article

(f) Public and private organizations are encouraged to providetheir volunteers whose duties require direct contact with andsupervision of children with training in the identification andreporting of child abuse and neglect

(g) (1) On 6r befure Jttmtary 1 2014 ttll) pttblie 6r privflie6rganizttti6ftemp16ing ttft Mhletie e6tteh Mhletie ttdmimstrltt6r6r Mhletie direet6r ttSspeeified ift pMttgrttph (41) 6f sttbdivisi6ft(tt) shttll pr6 vide iftitittl trttining f6r th6se empl~ ees 6n thefull6vvingmtttters

(A) The identifiettti6n 6f ehild ttbttse ttnd negleet(D) Aeti vities thttt e6ftstitttte inltppr6prittte ttftd illegttl e6ntttet

betiveen tt 6tlth ltftd ltft ttthietie e6tteh Mhletie ttdmiftistrttt6r 6rttthietie direet6r

(6) The resp6nsibilities 6f tt pers6n identified lIStt mttndfliedrep6rter in this seeti6n ineIttding btl ft6t limited t6 ttll 6f thefull6 vving

(i) T6 ~h6m tt rep6rt is reqtlired t6 be mttde(ii) The inf6rmttti6n thttt is reqttired t6 be ifte1ttdedin tt rep6rt(iii) The time vvithiftvvhieha mandated rep6rter is reqttired t6

file tt rep6rt(2) Initittl training shall be pr6vided b perS6ftSkn6vvledgeltble

ift the identifiettti6n 6fehild aettse ttnd negleet inltppf6prittte ltftdillegal e6ntaet bem eena 6ttth and ltftadttIt ltftdstatttt6ry rep6rtingreqttiremeftts ltftdshttll e6nsist 6ftw6 h6ttrs 6felassr66m 6r 6therinteraetive trainiftg ltftdedttettti6n

95

-7- AB 1435

1 (h) Commeneing on fmd aftel Jfmtlftry12014 fmofgfmization2 speeified in sttbdivision (g) shaHpro ide initial training within six3 months of the date that fm individtutl beeomes empleryed as an4 Mhletie eoaeh athletie administrator or athletie direetor ttnless5 the indi idttal reeei ed training Hithin tw0 years prior to the date6 the indi idtlal is empleryed An Mhletie eoaeh athletie7 administrator or athletie direetor Hho has leeeied initial training8 ptlfStlafttto sttbdiision (g) shall eomplete eontifttling training9 thereafter onee eery two years eonsisting of one hottf of

10 elassroom or other interaeti e training fmd edtteation11 SEC 2 No reimbtlrsement is reqtlired by this aet pttfStlafttto12 Seetion 6 ofArtiele )GIlD of the California Constitution for eertain13 eosts that may be inetllTed by a loeal ageney or sehool distriet14 beeatlse ift that regard this aet ereates a nev erime or infraetion15 eliminates a erime or infraetion or ehfmges the penalty fOfa erime16 or inflaetion Hithin the meaning of Seetion 17556 of the17 Goemment Code or ehanges the definition ofa elime Hithin the18 meaning of Seetion 6 of Aniele XIII D of the Califomia19 Constitution20 IIo~eer if the Commission on State Mfmdates determines that21 this aet eontainsother eosts mfmdated by the state reimbttfsement22 to loeal ageneies fmd sehool distliets for those eosts shall be made23 ptlfStlafttto Part 7 (eommeneing Hith Seetion 17500) of Division24 4 of Title 2 of the Goemment Code25 SEC 2 No reimbursement is required by this act pursuant to26 Section 6 of Article XIII B of the California Constitution because27 the only costs that may be incurred by a local agency or school28 district will be incurred because this act creates a new crime or29 infraction eliminates a crime or infraction or changes thepenalty30 for a crime or infraction within the meaning of Section 17556 of31 the Government Code or changes the definition of a crime within32 the meaning of Section 6 of Article XIII B of the California33 Constitution

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95

AB 1904 Assembly Bill Status

MEASURE AUTHOR(S)TOPIC

HOUSE

CURRENT BILL STATUS

AB No 1904Block Butler and

Professions and vocationslicenses

LOCATION

Cookmilitary spouses temporary

TYPE OF BILL

SEN

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyAppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpub11-12billasmab _1901-1950ab _1904_ bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes Noes OOPASS17

An act to add Section 1155 to the Business andProfessions Code relating to professions and vocationsand making an appropriation therefor

-

AB 1588 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1588AUTHOR(S) Atkins (Principal coauthors Cook and Nielsen)

(Coauthors Block Beth Gaines Pan V Manuel PerezWilliams and Yamada)

TOPIC Professions and vocations reservist licensees fees andcontinuing education

HOUSE LOCATION SEN+LAST AMENDED DATE 03052012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS forLAST

LAST

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

TITLE An act to add Section 1143 to the Business andProfessions Code relating to professions and vocations

htlpllwwwleginfocagovpubll-12Ibillasmlab _1551-1600ab _1588 _bill_20120601_statu 652012

middot

AMENDED IN ASSEMBLY MARCH 5 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1588

Introduced by Assembly Member Atkins(Principal coauthors Assembly Members Cook and Nielsen)

(Coauthors Assembly Members Block Beth Gaines PanV Manuel Perez Williams and Yamada)

February 6 2012

An act to add Section 1143 to the Business and Professions Coderelating to professions and vocations

LEGISLATIVE COUNSELS DIGEST

AB 1588 as amended Atkins Professions and vocations reservistlicensees fees and continuing education

Existing law provides for the regulation of various professions andvocations by boards commissions or bureaus within the Departmentof Consumer Affairs and for the licensure or registration of individualsin that regard Existing law authorizes any licensee whose licenseexpired while he or she was on active duty as a member of the CaliforniaNational Guard or the United States Armed Forces to reinstate his orher license without examination or penalty if certain requirements aremet

This bill would require the boards commissions or bureaus describedabove to waive the renewal fees and continuing education requirementsif either is applicable of any licensee or registrant who is a reservistcalled to active duty as a member of the United States Military Reserveor the California National Guard if certain requirements are met

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

98

AB 1588 -2-

Thepeople of the State of Califomi a do enact asfollows

1 SECTION 1 Section 1143 is added to the Business and2 Professions Code to read3 1143 Notwithstanding any other provision oflaw everyboard4 commission or bureau within the department shall waive the5 renewal fees and continuing education requirements if either is6 applicable for any licensee or registrant who is a reservist called7 to active duty as a member of the United States Military Reserve8 or the California National Guard if all of the following9 requirements are met

10 (a) The licensee or registrant was in good standing with the11 board commission or bureau at the time the reservist was called12 to active duty13 (b) The renewal fees or continuing education requirements are14 waived only for the period during which the reservist is on active15 duty service16 (c) The active duty reservist or the active duty reservists spouse17 or registered domestic partner provides written notice satisfactory18 to the board commission or bureau that substantiates the19 reservists active duty service

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98

AB 1896 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1896AUTHOR(S) ChesbroTOPIC Tribal health programs health care practitionersHOUSE LOCATION SEN+LAST AMENDED DATE 03272012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATIONCOMM ACTION DATECOMM ACTIONCOMM VOTE SUMMARY

ASM

05172012Referred to Com on B P amp EDBUSINESS PROFESSIONS AND CONSUMER PROTECTION04102012

Do passAyes 09 Noes OOPASS

TITLE An act to amend the heading of Article 10 (commencingwith Section 710) of Chapter 1 of Division 2 of and toadd Section 719 to the Business and Professions Coderelating to healing arts

httpwwwleginfocagovpubI11-12lbillasmab_1851-1900ab_1896_bill_20120517 _statu 652012

-

AMENDED IN ASSEMBLY MARCH 27 2012

CALIFORNIA LEGISLATURE-20II-12 REGULAR SESSION

ASSEMBLY BILL No 1896

Introduced by Assembly Member Chesbro

February 222012

An act to amend the heading of Article 10 (commencing with Section710) of Chapter 1 of Division 2 of and to add Section 719 to theBusiness and Professions Code relating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1896 as amended Chesbro Tribal health programs health carepractitioners

Under existing federal law licensed health professionals employedby a tribal health program are required to be exempt if licensed in anystate from the licensing requirements of the state in which the tribalhealth program performs specified services A tribal health program isdefined as an Indian tribe or tribal organization that operates any healthprogram service function activity or facility funded in whole or partby the Indian Health Service

Existing law provides for the licensure and regulation of health carepractitioners by various healing arts boards within the Department ofConsumer Affairs

This bill would codify that federal requirement by specifying that aperson who is licensed as a health care practitioner in any other stateand is employed by a tribal health program is exempt from any statelicensing requirement with respect to acts authorized under thepersonslicense where the tribal health program performs specified services

Vote majority Appropriation no Fiscal committee noState-mandated local program no

98

AD 1896 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 The heading of Article 10 (commencing with2 Section 710) of Chapter 1 of Division 2 of the Business and3 Professions Code is amended to read456789

101112131415161718192021

Article 10 Federal Personnel and Tribal Health Programs

SEC 2 Section 719 is added to the Business and ProfessionsCode to read

719 (a) A person who is licensed as a health care practitionerin any other state and is employed by a tribal health program asdefined in Section 1603 of Title 25 of the United States Code shallbe exempt from any licensing requirement described in this divisionwith respect to acts authorized under the persons license wherethe tribal health program performs the services described in thecontract or compact of the tribal health program under the IndianSelf-Determination and Education Assistance Act (25 USC Sec450 et seq)

(b) For purposes of this section health care practitioner meansany person who engages in acts that are the subject of licensureor regulation under this division or Ml) initiative 8et referred to inthis division the law of any other state

o

98

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1904

Introduced by Assembly Members Block Butler and Cook

February 222012

An act to add Section 1155 to the Business and Professions Coderelating to professions and vocations and making an appropriationtherefor

LEGISLATIVE COUNSELS DIGEST

AB 1904 as introduced Block Professions and vocations militaryspouses temporary licenses

Existing law provides for the licensure and regulation of variousprofessions and vocations by boards within the Department of ConsumerAffairs Existing law provides for the issuance of reciprocal licenses incertain fields where the applicant among other requirements has alicense to practice within that field in another jurisdiction as specifiedUnder existing law licensing fees imposed by certain boards withinthe department are deposited in funds that are continuously appropriated

This bill would authorize a board within the department to issue atemporary license to an applicant who among other requirements holdsan equivalent license in another jurisdiction as specified and is marriedto or in a legal union with an active duty member of the Armed Forcesofthe United States who is assigned to a duty station in California underofficial active duty military orders The bill would require a board toexpedite the process for issuing these temporary licenses The bill wouldrequire the applicant to pay any fees required by the board and wouldrequire that those fees be deposited in the fund used by the board toadminister its licensing program To the extent that the bill would

99

AB 1904 -2-

increase the amount of money deposited into a continuously appropriatedfund the bill would make an appropriation

Vote majority Appropriation yes Fiscal committee yesState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 1155 is added to the Business and2 Professions Code to read3 1155 (a) A board within the department may issue a4 temporary license to an applicant who meets all of the following5 requirements6 (l) Submits an application in the manner prescribed by the7 board8 (2) Supplies evidence satisfactory to the board that the applicant9 is married to or in a domestic partnership or other legal union

10 with an active duty member of the Armed Forces of the United11 States who is assigned to a duty station in this state under official12 active duty military orders13 (3) Holds a current license in another state district or territory14 of the United States with the requirements that the board determines15 are substantially equivalent to those established under this code16 for that occupation17 (4) Has not committed an act in anyjurisdiction that would have18 constituted grounds for denial suspension or revocation of the19 license under this code at the time the act was committed20 (5) Has not been disciplined by a licensing entity in another21 jurisdiction and is not the subject of an unresolved complaint22 review procedure or disciplinary proceeding conducted by a23 licensing entity in another jurisdiction24 (6) Pays any fees required by the board Those fees shall be25 deposited in the applicable fund or account used by the board to26 administer its licensing program27 (7) Submits fingerprints and any applicable fingerprinting fee28 in the manner required of an applicant for a regular license29 (b) A board shall expedite the procedure for issuing a temporary30 license pursuant to this section31 (c) A temporary license issued under this section shall be valid32 for 180 days except that the license may at the discretion of the

99

-3- AB 1904

I board be extended for an additional180-day period on application2 of the license holder3 (d) A board may adopt regulations necessary to administer this4 section

o

99

AB 1932 Assembly Bill Status

MEASURE AUTHOR(S)TOPICHOUSE+LAST

CURRENT BILL STATUS

AB No 1932Gorell (Coauthor Cook)

United States armed services healing arts boardsLOCATION SENAMENDED DATE 04172012

TYPE OF BILL

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpubI11-12Ibillasmab_1901-1950ab_1932_bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

An act to add Section 7102 to the Business andProfessions Code relating to healing arts

-

AMENDED IN ASSEMBLY APRIL 172012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1932

Introduced by Assembly Member-Ceek Gorell(Coauthor Assembly Member Cook)

February 222012

An act to add Section 7102 to the Business and Professions Coderelating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1932 as amended euroook Gorell United States armed serviceshealing arts boards

Existing law provides for the licensure and regulation of varioushealing arts professions and vocations by boards within the Departmentof Consumer Affairs Existing law requires the rules and regulations ofthese healing arts boards to provide for methods of evaluating educationtraining and experience obtained in military service if such training isapplicable to the requirements of the particular profession or vocationregulated by the board Under existing law the Department of VeteransAffairs has specified powers and duties relating to various programsserving veterans

This bill would require by January 12014 and annually thereafterevery healing arts board to issue a specified written report to theDepartment of Veterans Affairs and the Legislature as specified thatclearly details the methods of evaluating the education training andexperience obtained in military service and whether that educationtraining and experience is applicable to the boards requirements forlicensure The bill would declare the intent of the Legislature in thisregard

98

AB 1932 -2-

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 710 of the Business and Professions Code2 was enacted in 1969 and because healing arts boards have not3 demonstrated significant compliance with that section it is the4 intent of the Legislature to establish an annual reporting5 requirement to compel these boards to provide information about6 the methods of evaluating education training and experience7 obtained in military service in order to meet the needs of the8 upcoming wave of armed service members returning to civilian9 life

10 SEC 2 Section 7102 is added to the Business and Professions11 Code to read12 7102 (a) By January 12014 and annually thereafter every13 healing arts board described in this division shall issue a written14 report to the Department of Veterans Affairs and to the Legislature15 that clearly details the methods of evaluating the education16 training and experience obtained in military service and whether17 that education training and experience is applicable to the boards18 requirements for licensure This written report shall include but19 not be limited to quantitative information about the number of20 service members who have applied for and have used their military21 education training and experience to fulfill the boards22 requirements for licensure23 (b) (1) The requirement to submit a report to the Legislature24 under subdivision (a) shall be inoperative on January 1 201825 pursuant to Section 102315 of the Government Code26 (2) A report to the Legislature shall be submitted in compliance27 with Section 9795 of the Government Code

o

98

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      • AGENDA ITEM 4
      • DISCUSSION AND POSSIBLE ACTION REGARDING PENDING LEGISLATION
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                  • AB 171 Assembly Bill- Status
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Page 58: DISCUSSION ANDPOSSIBLE ACTION REGARDING PENDING … · 2012-06-14  · Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of2010 (PublicLaw 111-152)

-7- AB 1435

1 (h) Commeneing on fmd aftel Jfmtlftry12014 fmofgfmization2 speeified in sttbdivision (g) shaHpro ide initial training within six3 months of the date that fm individtutl beeomes empleryed as an4 Mhletie eoaeh athletie administrator or athletie direetor ttnless5 the indi idttal reeei ed training Hithin tw0 years prior to the date6 the indi idtlal is empleryed An Mhletie eoaeh athletie7 administrator or athletie direetor Hho has leeeied initial training8 ptlfStlafttto sttbdiision (g) shall eomplete eontifttling training9 thereafter onee eery two years eonsisting of one hottf of

10 elassroom or other interaeti e training fmd edtteation11 SEC 2 No reimbtlrsement is reqtlired by this aet pttfStlafttto12 Seetion 6 ofArtiele )GIlD of the California Constitution for eertain13 eosts that may be inetllTed by a loeal ageney or sehool distriet14 beeatlse ift that regard this aet ereates a nev erime or infraetion15 eliminates a erime or infraetion or ehfmges the penalty fOfa erime16 or inflaetion Hithin the meaning of Seetion 17556 of the17 Goemment Code or ehanges the definition ofa elime Hithin the18 meaning of Seetion 6 of Aniele XIII D of the Califomia19 Constitution20 IIo~eer if the Commission on State Mfmdates determines that21 this aet eontainsother eosts mfmdated by the state reimbttfsement22 to loeal ageneies fmd sehool distliets for those eosts shall be made23 ptlfStlafttto Part 7 (eommeneing Hith Seetion 17500) of Division24 4 of Title 2 of the Goemment Code25 SEC 2 No reimbursement is required by this act pursuant to26 Section 6 of Article XIII B of the California Constitution because27 the only costs that may be incurred by a local agency or school28 district will be incurred because this act creates a new crime or29 infraction eliminates a crime or infraction or changes thepenalty30 for a crime or infraction within the meaning of Section 17556 of31 the Government Code or changes the definition of a crime within32 the meaning of Section 6 of Article XIII B of the California33 Constitution

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95

AB 1904 Assembly Bill Status

MEASURE AUTHOR(S)TOPIC

HOUSE

CURRENT BILL STATUS

AB No 1904Block Butler and

Professions and vocationslicenses

LOCATION

Cookmilitary spouses temporary

TYPE OF BILL

SEN

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyAppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpub11-12billasmab _1901-1950ab _1904_ bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes Noes OOPASS17

An act to add Section 1155 to the Business andProfessions Code relating to professions and vocationsand making an appropriation therefor

-

AB 1588 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1588AUTHOR(S) Atkins (Principal coauthors Cook and Nielsen)

(Coauthors Block Beth Gaines Pan V Manuel PerezWilliams and Yamada)

TOPIC Professions and vocations reservist licensees fees andcontinuing education

HOUSE LOCATION SEN+LAST AMENDED DATE 03052012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS forLAST

LAST

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

TITLE An act to add Section 1143 to the Business andProfessions Code relating to professions and vocations

htlpllwwwleginfocagovpubll-12Ibillasmlab _1551-1600ab _1588 _bill_20120601_statu 652012

middot

AMENDED IN ASSEMBLY MARCH 5 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1588

Introduced by Assembly Member Atkins(Principal coauthors Assembly Members Cook and Nielsen)

(Coauthors Assembly Members Block Beth Gaines PanV Manuel Perez Williams and Yamada)

February 6 2012

An act to add Section 1143 to the Business and Professions Coderelating to professions and vocations

LEGISLATIVE COUNSELS DIGEST

AB 1588 as amended Atkins Professions and vocations reservistlicensees fees and continuing education

Existing law provides for the regulation of various professions andvocations by boards commissions or bureaus within the Departmentof Consumer Affairs and for the licensure or registration of individualsin that regard Existing law authorizes any licensee whose licenseexpired while he or she was on active duty as a member of the CaliforniaNational Guard or the United States Armed Forces to reinstate his orher license without examination or penalty if certain requirements aremet

This bill would require the boards commissions or bureaus describedabove to waive the renewal fees and continuing education requirementsif either is applicable of any licensee or registrant who is a reservistcalled to active duty as a member of the United States Military Reserveor the California National Guard if certain requirements are met

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

98

AB 1588 -2-

Thepeople of the State of Califomi a do enact asfollows

1 SECTION 1 Section 1143 is added to the Business and2 Professions Code to read3 1143 Notwithstanding any other provision oflaw everyboard4 commission or bureau within the department shall waive the5 renewal fees and continuing education requirements if either is6 applicable for any licensee or registrant who is a reservist called7 to active duty as a member of the United States Military Reserve8 or the California National Guard if all of the following9 requirements are met

10 (a) The licensee or registrant was in good standing with the11 board commission or bureau at the time the reservist was called12 to active duty13 (b) The renewal fees or continuing education requirements are14 waived only for the period during which the reservist is on active15 duty service16 (c) The active duty reservist or the active duty reservists spouse17 or registered domestic partner provides written notice satisfactory18 to the board commission or bureau that substantiates the19 reservists active duty service

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98

AB 1896 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1896AUTHOR(S) ChesbroTOPIC Tribal health programs health care practitionersHOUSE LOCATION SEN+LAST AMENDED DATE 03272012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATIONCOMM ACTION DATECOMM ACTIONCOMM VOTE SUMMARY

ASM

05172012Referred to Com on B P amp EDBUSINESS PROFESSIONS AND CONSUMER PROTECTION04102012

Do passAyes 09 Noes OOPASS

TITLE An act to amend the heading of Article 10 (commencingwith Section 710) of Chapter 1 of Division 2 of and toadd Section 719 to the Business and Professions Coderelating to healing arts

httpwwwleginfocagovpubI11-12lbillasmab_1851-1900ab_1896_bill_20120517 _statu 652012

-

AMENDED IN ASSEMBLY MARCH 27 2012

CALIFORNIA LEGISLATURE-20II-12 REGULAR SESSION

ASSEMBLY BILL No 1896

Introduced by Assembly Member Chesbro

February 222012

An act to amend the heading of Article 10 (commencing with Section710) of Chapter 1 of Division 2 of and to add Section 719 to theBusiness and Professions Code relating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1896 as amended Chesbro Tribal health programs health carepractitioners

Under existing federal law licensed health professionals employedby a tribal health program are required to be exempt if licensed in anystate from the licensing requirements of the state in which the tribalhealth program performs specified services A tribal health program isdefined as an Indian tribe or tribal organization that operates any healthprogram service function activity or facility funded in whole or partby the Indian Health Service

Existing law provides for the licensure and regulation of health carepractitioners by various healing arts boards within the Department ofConsumer Affairs

This bill would codify that federal requirement by specifying that aperson who is licensed as a health care practitioner in any other stateand is employed by a tribal health program is exempt from any statelicensing requirement with respect to acts authorized under thepersonslicense where the tribal health program performs specified services

Vote majority Appropriation no Fiscal committee noState-mandated local program no

98

AD 1896 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 The heading of Article 10 (commencing with2 Section 710) of Chapter 1 of Division 2 of the Business and3 Professions Code is amended to read456789

101112131415161718192021

Article 10 Federal Personnel and Tribal Health Programs

SEC 2 Section 719 is added to the Business and ProfessionsCode to read

719 (a) A person who is licensed as a health care practitionerin any other state and is employed by a tribal health program asdefined in Section 1603 of Title 25 of the United States Code shallbe exempt from any licensing requirement described in this divisionwith respect to acts authorized under the persons license wherethe tribal health program performs the services described in thecontract or compact of the tribal health program under the IndianSelf-Determination and Education Assistance Act (25 USC Sec450 et seq)

(b) For purposes of this section health care practitioner meansany person who engages in acts that are the subject of licensureor regulation under this division or Ml) initiative 8et referred to inthis division the law of any other state

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98

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1904

Introduced by Assembly Members Block Butler and Cook

February 222012

An act to add Section 1155 to the Business and Professions Coderelating to professions and vocations and making an appropriationtherefor

LEGISLATIVE COUNSELS DIGEST

AB 1904 as introduced Block Professions and vocations militaryspouses temporary licenses

Existing law provides for the licensure and regulation of variousprofessions and vocations by boards within the Department of ConsumerAffairs Existing law provides for the issuance of reciprocal licenses incertain fields where the applicant among other requirements has alicense to practice within that field in another jurisdiction as specifiedUnder existing law licensing fees imposed by certain boards withinthe department are deposited in funds that are continuously appropriated

This bill would authorize a board within the department to issue atemporary license to an applicant who among other requirements holdsan equivalent license in another jurisdiction as specified and is marriedto or in a legal union with an active duty member of the Armed Forcesofthe United States who is assigned to a duty station in California underofficial active duty military orders The bill would require a board toexpedite the process for issuing these temporary licenses The bill wouldrequire the applicant to pay any fees required by the board and wouldrequire that those fees be deposited in the fund used by the board toadminister its licensing program To the extent that the bill would

99

AB 1904 -2-

increase the amount of money deposited into a continuously appropriatedfund the bill would make an appropriation

Vote majority Appropriation yes Fiscal committee yesState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 1155 is added to the Business and2 Professions Code to read3 1155 (a) A board within the department may issue a4 temporary license to an applicant who meets all of the following5 requirements6 (l) Submits an application in the manner prescribed by the7 board8 (2) Supplies evidence satisfactory to the board that the applicant9 is married to or in a domestic partnership or other legal union

10 with an active duty member of the Armed Forces of the United11 States who is assigned to a duty station in this state under official12 active duty military orders13 (3) Holds a current license in another state district or territory14 of the United States with the requirements that the board determines15 are substantially equivalent to those established under this code16 for that occupation17 (4) Has not committed an act in anyjurisdiction that would have18 constituted grounds for denial suspension or revocation of the19 license under this code at the time the act was committed20 (5) Has not been disciplined by a licensing entity in another21 jurisdiction and is not the subject of an unresolved complaint22 review procedure or disciplinary proceeding conducted by a23 licensing entity in another jurisdiction24 (6) Pays any fees required by the board Those fees shall be25 deposited in the applicable fund or account used by the board to26 administer its licensing program27 (7) Submits fingerprints and any applicable fingerprinting fee28 in the manner required of an applicant for a regular license29 (b) A board shall expedite the procedure for issuing a temporary30 license pursuant to this section31 (c) A temporary license issued under this section shall be valid32 for 180 days except that the license may at the discretion of the

99

-3- AB 1904

I board be extended for an additional180-day period on application2 of the license holder3 (d) A board may adopt regulations necessary to administer this4 section

o

99

AB 1932 Assembly Bill Status

MEASURE AUTHOR(S)TOPICHOUSE+LAST

CURRENT BILL STATUS

AB No 1932Gorell (Coauthor Cook)

United States armed services healing arts boardsLOCATION SENAMENDED DATE 04172012

TYPE OF BILL

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpubI11-12Ibillasmab_1901-1950ab_1932_bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

An act to add Section 7102 to the Business andProfessions Code relating to healing arts

-

AMENDED IN ASSEMBLY APRIL 172012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1932

Introduced by Assembly Member-Ceek Gorell(Coauthor Assembly Member Cook)

February 222012

An act to add Section 7102 to the Business and Professions Coderelating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1932 as amended euroook Gorell United States armed serviceshealing arts boards

Existing law provides for the licensure and regulation of varioushealing arts professions and vocations by boards within the Departmentof Consumer Affairs Existing law requires the rules and regulations ofthese healing arts boards to provide for methods of evaluating educationtraining and experience obtained in military service if such training isapplicable to the requirements of the particular profession or vocationregulated by the board Under existing law the Department of VeteransAffairs has specified powers and duties relating to various programsserving veterans

This bill would require by January 12014 and annually thereafterevery healing arts board to issue a specified written report to theDepartment of Veterans Affairs and the Legislature as specified thatclearly details the methods of evaluating the education training andexperience obtained in military service and whether that educationtraining and experience is applicable to the boards requirements forlicensure The bill would declare the intent of the Legislature in thisregard

98

AB 1932 -2-

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 710 of the Business and Professions Code2 was enacted in 1969 and because healing arts boards have not3 demonstrated significant compliance with that section it is the4 intent of the Legislature to establish an annual reporting5 requirement to compel these boards to provide information about6 the methods of evaluating education training and experience7 obtained in military service in order to meet the needs of the8 upcoming wave of armed service members returning to civilian9 life

10 SEC 2 Section 7102 is added to the Business and Professions11 Code to read12 7102 (a) By January 12014 and annually thereafter every13 healing arts board described in this division shall issue a written14 report to the Department of Veterans Affairs and to the Legislature15 that clearly details the methods of evaluating the education16 training and experience obtained in military service and whether17 that education training and experience is applicable to the boards18 requirements for licensure This written report shall include but19 not be limited to quantitative information about the number of20 service members who have applied for and have used their military21 education training and experience to fulfill the boards22 requirements for licensure23 (b) (1) The requirement to submit a report to the Legislature24 under subdivision (a) shall be inoperative on January 1 201825 pursuant to Section 102315 of the Government Code26 (2) A report to the Legislature shall be submitted in compliance27 with Section 9795 of the Government Code

o

98

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Page 59: DISCUSSION ANDPOSSIBLE ACTION REGARDING PENDING … · 2012-06-14  · Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of2010 (PublicLaw 111-152)

AB 1904 Assembly Bill Status

MEASURE AUTHOR(S)TOPIC

HOUSE

CURRENT BILL STATUS

AB No 1904Block Butler and

Professions and vocationslicenses

LOCATION

Cookmilitary spouses temporary

TYPE OF BILL

SEN

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyAppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpub11-12billasmab _1901-1950ab _1904_ bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes Noes OOPASS17

An act to add Section 1155 to the Business andProfessions Code relating to professions and vocationsand making an appropriation therefor

-

AB 1588 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1588AUTHOR(S) Atkins (Principal coauthors Cook and Nielsen)

(Coauthors Block Beth Gaines Pan V Manuel PerezWilliams and Yamada)

TOPIC Professions and vocations reservist licensees fees andcontinuing education

HOUSE LOCATION SEN+LAST AMENDED DATE 03052012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS forLAST

LAST

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

TITLE An act to add Section 1143 to the Business andProfessions Code relating to professions and vocations

htlpllwwwleginfocagovpubll-12Ibillasmlab _1551-1600ab _1588 _bill_20120601_statu 652012

middot

AMENDED IN ASSEMBLY MARCH 5 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1588

Introduced by Assembly Member Atkins(Principal coauthors Assembly Members Cook and Nielsen)

(Coauthors Assembly Members Block Beth Gaines PanV Manuel Perez Williams and Yamada)

February 6 2012

An act to add Section 1143 to the Business and Professions Coderelating to professions and vocations

LEGISLATIVE COUNSELS DIGEST

AB 1588 as amended Atkins Professions and vocations reservistlicensees fees and continuing education

Existing law provides for the regulation of various professions andvocations by boards commissions or bureaus within the Departmentof Consumer Affairs and for the licensure or registration of individualsin that regard Existing law authorizes any licensee whose licenseexpired while he or she was on active duty as a member of the CaliforniaNational Guard or the United States Armed Forces to reinstate his orher license without examination or penalty if certain requirements aremet

This bill would require the boards commissions or bureaus describedabove to waive the renewal fees and continuing education requirementsif either is applicable of any licensee or registrant who is a reservistcalled to active duty as a member of the United States Military Reserveor the California National Guard if certain requirements are met

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

98

AB 1588 -2-

Thepeople of the State of Califomi a do enact asfollows

1 SECTION 1 Section 1143 is added to the Business and2 Professions Code to read3 1143 Notwithstanding any other provision oflaw everyboard4 commission or bureau within the department shall waive the5 renewal fees and continuing education requirements if either is6 applicable for any licensee or registrant who is a reservist called7 to active duty as a member of the United States Military Reserve8 or the California National Guard if all of the following9 requirements are met

10 (a) The licensee or registrant was in good standing with the11 board commission or bureau at the time the reservist was called12 to active duty13 (b) The renewal fees or continuing education requirements are14 waived only for the period during which the reservist is on active15 duty service16 (c) The active duty reservist or the active duty reservists spouse17 or registered domestic partner provides written notice satisfactory18 to the board commission or bureau that substantiates the19 reservists active duty service

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98

AB 1896 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1896AUTHOR(S) ChesbroTOPIC Tribal health programs health care practitionersHOUSE LOCATION SEN+LAST AMENDED DATE 03272012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATIONCOMM ACTION DATECOMM ACTIONCOMM VOTE SUMMARY

ASM

05172012Referred to Com on B P amp EDBUSINESS PROFESSIONS AND CONSUMER PROTECTION04102012

Do passAyes 09 Noes OOPASS

TITLE An act to amend the heading of Article 10 (commencingwith Section 710) of Chapter 1 of Division 2 of and toadd Section 719 to the Business and Professions Coderelating to healing arts

httpwwwleginfocagovpubI11-12lbillasmab_1851-1900ab_1896_bill_20120517 _statu 652012

-

AMENDED IN ASSEMBLY MARCH 27 2012

CALIFORNIA LEGISLATURE-20II-12 REGULAR SESSION

ASSEMBLY BILL No 1896

Introduced by Assembly Member Chesbro

February 222012

An act to amend the heading of Article 10 (commencing with Section710) of Chapter 1 of Division 2 of and to add Section 719 to theBusiness and Professions Code relating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1896 as amended Chesbro Tribal health programs health carepractitioners

Under existing federal law licensed health professionals employedby a tribal health program are required to be exempt if licensed in anystate from the licensing requirements of the state in which the tribalhealth program performs specified services A tribal health program isdefined as an Indian tribe or tribal organization that operates any healthprogram service function activity or facility funded in whole or partby the Indian Health Service

Existing law provides for the licensure and regulation of health carepractitioners by various healing arts boards within the Department ofConsumer Affairs

This bill would codify that federal requirement by specifying that aperson who is licensed as a health care practitioner in any other stateand is employed by a tribal health program is exempt from any statelicensing requirement with respect to acts authorized under thepersonslicense where the tribal health program performs specified services

Vote majority Appropriation no Fiscal committee noState-mandated local program no

98

AD 1896 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 The heading of Article 10 (commencing with2 Section 710) of Chapter 1 of Division 2 of the Business and3 Professions Code is amended to read456789

101112131415161718192021

Article 10 Federal Personnel and Tribal Health Programs

SEC 2 Section 719 is added to the Business and ProfessionsCode to read

719 (a) A person who is licensed as a health care practitionerin any other state and is employed by a tribal health program asdefined in Section 1603 of Title 25 of the United States Code shallbe exempt from any licensing requirement described in this divisionwith respect to acts authorized under the persons license wherethe tribal health program performs the services described in thecontract or compact of the tribal health program under the IndianSelf-Determination and Education Assistance Act (25 USC Sec450 et seq)

(b) For purposes of this section health care practitioner meansany person who engages in acts that are the subject of licensureor regulation under this division or Ml) initiative 8et referred to inthis division the law of any other state

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98

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1904

Introduced by Assembly Members Block Butler and Cook

February 222012

An act to add Section 1155 to the Business and Professions Coderelating to professions and vocations and making an appropriationtherefor

LEGISLATIVE COUNSELS DIGEST

AB 1904 as introduced Block Professions and vocations militaryspouses temporary licenses

Existing law provides for the licensure and regulation of variousprofessions and vocations by boards within the Department of ConsumerAffairs Existing law provides for the issuance of reciprocal licenses incertain fields where the applicant among other requirements has alicense to practice within that field in another jurisdiction as specifiedUnder existing law licensing fees imposed by certain boards withinthe department are deposited in funds that are continuously appropriated

This bill would authorize a board within the department to issue atemporary license to an applicant who among other requirements holdsan equivalent license in another jurisdiction as specified and is marriedto or in a legal union with an active duty member of the Armed Forcesofthe United States who is assigned to a duty station in California underofficial active duty military orders The bill would require a board toexpedite the process for issuing these temporary licenses The bill wouldrequire the applicant to pay any fees required by the board and wouldrequire that those fees be deposited in the fund used by the board toadminister its licensing program To the extent that the bill would

99

AB 1904 -2-

increase the amount of money deposited into a continuously appropriatedfund the bill would make an appropriation

Vote majority Appropriation yes Fiscal committee yesState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 1155 is added to the Business and2 Professions Code to read3 1155 (a) A board within the department may issue a4 temporary license to an applicant who meets all of the following5 requirements6 (l) Submits an application in the manner prescribed by the7 board8 (2) Supplies evidence satisfactory to the board that the applicant9 is married to or in a domestic partnership or other legal union

10 with an active duty member of the Armed Forces of the United11 States who is assigned to a duty station in this state under official12 active duty military orders13 (3) Holds a current license in another state district or territory14 of the United States with the requirements that the board determines15 are substantially equivalent to those established under this code16 for that occupation17 (4) Has not committed an act in anyjurisdiction that would have18 constituted grounds for denial suspension or revocation of the19 license under this code at the time the act was committed20 (5) Has not been disciplined by a licensing entity in another21 jurisdiction and is not the subject of an unresolved complaint22 review procedure or disciplinary proceeding conducted by a23 licensing entity in another jurisdiction24 (6) Pays any fees required by the board Those fees shall be25 deposited in the applicable fund or account used by the board to26 administer its licensing program27 (7) Submits fingerprints and any applicable fingerprinting fee28 in the manner required of an applicant for a regular license29 (b) A board shall expedite the procedure for issuing a temporary30 license pursuant to this section31 (c) A temporary license issued under this section shall be valid32 for 180 days except that the license may at the discretion of the

99

-3- AB 1904

I board be extended for an additional180-day period on application2 of the license holder3 (d) A board may adopt regulations necessary to administer this4 section

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99

AB 1932 Assembly Bill Status

MEASURE AUTHOR(S)TOPICHOUSE+LAST

CURRENT BILL STATUS

AB No 1932Gorell (Coauthor Cook)

United States armed services healing arts boardsLOCATION SENAMENDED DATE 04172012

TYPE OF BILL

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpubI11-12Ibillasmab_1901-1950ab_1932_bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

An act to add Section 7102 to the Business andProfessions Code relating to healing arts

-

AMENDED IN ASSEMBLY APRIL 172012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1932

Introduced by Assembly Member-Ceek Gorell(Coauthor Assembly Member Cook)

February 222012

An act to add Section 7102 to the Business and Professions Coderelating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1932 as amended euroook Gorell United States armed serviceshealing arts boards

Existing law provides for the licensure and regulation of varioushealing arts professions and vocations by boards within the Departmentof Consumer Affairs Existing law requires the rules and regulations ofthese healing arts boards to provide for methods of evaluating educationtraining and experience obtained in military service if such training isapplicable to the requirements of the particular profession or vocationregulated by the board Under existing law the Department of VeteransAffairs has specified powers and duties relating to various programsserving veterans

This bill would require by January 12014 and annually thereafterevery healing arts board to issue a specified written report to theDepartment of Veterans Affairs and the Legislature as specified thatclearly details the methods of evaluating the education training andexperience obtained in military service and whether that educationtraining and experience is applicable to the boards requirements forlicensure The bill would declare the intent of the Legislature in thisregard

98

AB 1932 -2-

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 710 of the Business and Professions Code2 was enacted in 1969 and because healing arts boards have not3 demonstrated significant compliance with that section it is the4 intent of the Legislature to establish an annual reporting5 requirement to compel these boards to provide information about6 the methods of evaluating education training and experience7 obtained in military service in order to meet the needs of the8 upcoming wave of armed service members returning to civilian9 life

10 SEC 2 Section 7102 is added to the Business and Professions11 Code to read12 7102 (a) By January 12014 and annually thereafter every13 healing arts board described in this division shall issue a written14 report to the Department of Veterans Affairs and to the Legislature15 that clearly details the methods of evaluating the education16 training and experience obtained in military service and whether17 that education training and experience is applicable to the boards18 requirements for licensure This written report shall include but19 not be limited to quantitative information about the number of20 service members who have applied for and have used their military21 education training and experience to fulfill the boards22 requirements for licensure23 (b) (1) The requirement to submit a report to the Legislature24 under subdivision (a) shall be inoperative on January 1 201825 pursuant to Section 102315 of the Government Code26 (2) A report to the Legislature shall be submitted in compliance27 with Section 9795 of the Government Code

o

98

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      • AGENDA ITEM 4
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                                                                                                                                                                                                                                                  • middot AB 1588 Assembly Bill- Status
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AB 1588 Assembly Bill- Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1588AUTHOR(S) Atkins (Principal coauthors Cook and Nielsen)

(Coauthors Block Beth Gaines Pan V Manuel PerezWilliams and Yamada)

TOPIC Professions and vocations reservist licensees fees andcontinuing education

HOUSE LOCATION SEN+LAST AMENDED DATE 03052012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

COMMCOMMCOMMCOMM

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

05312012In Senate Read first time To Com on RLS forLAST

LAST

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

TITLE An act to add Section 1143 to the Business andProfessions Code relating to professions and vocations

htlpllwwwleginfocagovpubll-12Ibillasmlab _1551-1600ab _1588 _bill_20120601_statu 652012

middot

AMENDED IN ASSEMBLY MARCH 5 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1588

Introduced by Assembly Member Atkins(Principal coauthors Assembly Members Cook and Nielsen)

(Coauthors Assembly Members Block Beth Gaines PanV Manuel Perez Williams and Yamada)

February 6 2012

An act to add Section 1143 to the Business and Professions Coderelating to professions and vocations

LEGISLATIVE COUNSELS DIGEST

AB 1588 as amended Atkins Professions and vocations reservistlicensees fees and continuing education

Existing law provides for the regulation of various professions andvocations by boards commissions or bureaus within the Departmentof Consumer Affairs and for the licensure or registration of individualsin that regard Existing law authorizes any licensee whose licenseexpired while he or she was on active duty as a member of the CaliforniaNational Guard or the United States Armed Forces to reinstate his orher license without examination or penalty if certain requirements aremet

This bill would require the boards commissions or bureaus describedabove to waive the renewal fees and continuing education requirementsif either is applicable of any licensee or registrant who is a reservistcalled to active duty as a member of the United States Military Reserveor the California National Guard if certain requirements are met

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

98

AB 1588 -2-

Thepeople of the State of Califomi a do enact asfollows

1 SECTION 1 Section 1143 is added to the Business and2 Professions Code to read3 1143 Notwithstanding any other provision oflaw everyboard4 commission or bureau within the department shall waive the5 renewal fees and continuing education requirements if either is6 applicable for any licensee or registrant who is a reservist called7 to active duty as a member of the United States Military Reserve8 or the California National Guard if all of the following9 requirements are met

10 (a) The licensee or registrant was in good standing with the11 board commission or bureau at the time the reservist was called12 to active duty13 (b) The renewal fees or continuing education requirements are14 waived only for the period during which the reservist is on active15 duty service16 (c) The active duty reservist or the active duty reservists spouse17 or registered domestic partner provides written notice satisfactory18 to the board commission or bureau that substantiates the19 reservists active duty service

o

98

AB 1896 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1896AUTHOR(S) ChesbroTOPIC Tribal health programs health care practitionersHOUSE LOCATION SEN+LAST AMENDED DATE 03272012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATIONCOMM ACTION DATECOMM ACTIONCOMM VOTE SUMMARY

ASM

05172012Referred to Com on B P amp EDBUSINESS PROFESSIONS AND CONSUMER PROTECTION04102012

Do passAyes 09 Noes OOPASS

TITLE An act to amend the heading of Article 10 (commencingwith Section 710) of Chapter 1 of Division 2 of and toadd Section 719 to the Business and Professions Coderelating to healing arts

httpwwwleginfocagovpubI11-12lbillasmab_1851-1900ab_1896_bill_20120517 _statu 652012

-

AMENDED IN ASSEMBLY MARCH 27 2012

CALIFORNIA LEGISLATURE-20II-12 REGULAR SESSION

ASSEMBLY BILL No 1896

Introduced by Assembly Member Chesbro

February 222012

An act to amend the heading of Article 10 (commencing with Section710) of Chapter 1 of Division 2 of and to add Section 719 to theBusiness and Professions Code relating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1896 as amended Chesbro Tribal health programs health carepractitioners

Under existing federal law licensed health professionals employedby a tribal health program are required to be exempt if licensed in anystate from the licensing requirements of the state in which the tribalhealth program performs specified services A tribal health program isdefined as an Indian tribe or tribal organization that operates any healthprogram service function activity or facility funded in whole or partby the Indian Health Service

Existing law provides for the licensure and regulation of health carepractitioners by various healing arts boards within the Department ofConsumer Affairs

This bill would codify that federal requirement by specifying that aperson who is licensed as a health care practitioner in any other stateand is employed by a tribal health program is exempt from any statelicensing requirement with respect to acts authorized under thepersonslicense where the tribal health program performs specified services

Vote majority Appropriation no Fiscal committee noState-mandated local program no

98

AD 1896 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 The heading of Article 10 (commencing with2 Section 710) of Chapter 1 of Division 2 of the Business and3 Professions Code is amended to read456789

101112131415161718192021

Article 10 Federal Personnel and Tribal Health Programs

SEC 2 Section 719 is added to the Business and ProfessionsCode to read

719 (a) A person who is licensed as a health care practitionerin any other state and is employed by a tribal health program asdefined in Section 1603 of Title 25 of the United States Code shallbe exempt from any licensing requirement described in this divisionwith respect to acts authorized under the persons license wherethe tribal health program performs the services described in thecontract or compact of the tribal health program under the IndianSelf-Determination and Education Assistance Act (25 USC Sec450 et seq)

(b) For purposes of this section health care practitioner meansany person who engages in acts that are the subject of licensureor regulation under this division or Ml) initiative 8et referred to inthis division the law of any other state

o

98

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1904

Introduced by Assembly Members Block Butler and Cook

February 222012

An act to add Section 1155 to the Business and Professions Coderelating to professions and vocations and making an appropriationtherefor

LEGISLATIVE COUNSELS DIGEST

AB 1904 as introduced Block Professions and vocations militaryspouses temporary licenses

Existing law provides for the licensure and regulation of variousprofessions and vocations by boards within the Department of ConsumerAffairs Existing law provides for the issuance of reciprocal licenses incertain fields where the applicant among other requirements has alicense to practice within that field in another jurisdiction as specifiedUnder existing law licensing fees imposed by certain boards withinthe department are deposited in funds that are continuously appropriated

This bill would authorize a board within the department to issue atemporary license to an applicant who among other requirements holdsan equivalent license in another jurisdiction as specified and is marriedto or in a legal union with an active duty member of the Armed Forcesofthe United States who is assigned to a duty station in California underofficial active duty military orders The bill would require a board toexpedite the process for issuing these temporary licenses The bill wouldrequire the applicant to pay any fees required by the board and wouldrequire that those fees be deposited in the fund used by the board toadminister its licensing program To the extent that the bill would

99

AB 1904 -2-

increase the amount of money deposited into a continuously appropriatedfund the bill would make an appropriation

Vote majority Appropriation yes Fiscal committee yesState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 1155 is added to the Business and2 Professions Code to read3 1155 (a) A board within the department may issue a4 temporary license to an applicant who meets all of the following5 requirements6 (l) Submits an application in the manner prescribed by the7 board8 (2) Supplies evidence satisfactory to the board that the applicant9 is married to or in a domestic partnership or other legal union

10 with an active duty member of the Armed Forces of the United11 States who is assigned to a duty station in this state under official12 active duty military orders13 (3) Holds a current license in another state district or territory14 of the United States with the requirements that the board determines15 are substantially equivalent to those established under this code16 for that occupation17 (4) Has not committed an act in anyjurisdiction that would have18 constituted grounds for denial suspension or revocation of the19 license under this code at the time the act was committed20 (5) Has not been disciplined by a licensing entity in another21 jurisdiction and is not the subject of an unresolved complaint22 review procedure or disciplinary proceeding conducted by a23 licensing entity in another jurisdiction24 (6) Pays any fees required by the board Those fees shall be25 deposited in the applicable fund or account used by the board to26 administer its licensing program27 (7) Submits fingerprints and any applicable fingerprinting fee28 in the manner required of an applicant for a regular license29 (b) A board shall expedite the procedure for issuing a temporary30 license pursuant to this section31 (c) A temporary license issued under this section shall be valid32 for 180 days except that the license may at the discretion of the

99

-3- AB 1904

I board be extended for an additional180-day period on application2 of the license holder3 (d) A board may adopt regulations necessary to administer this4 section

o

99

AB 1932 Assembly Bill Status

MEASURE AUTHOR(S)TOPICHOUSE+LAST

CURRENT BILL STATUS

AB No 1932Gorell (Coauthor Cook)

United States armed services healing arts boardsLOCATION SENAMENDED DATE 04172012

TYPE OF BILL

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpubI11-12Ibillasmab_1901-1950ab_1932_bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

An act to add Section 7102 to the Business andProfessions Code relating to healing arts

-

AMENDED IN ASSEMBLY APRIL 172012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1932

Introduced by Assembly Member-Ceek Gorell(Coauthor Assembly Member Cook)

February 222012

An act to add Section 7102 to the Business and Professions Coderelating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1932 as amended euroook Gorell United States armed serviceshealing arts boards

Existing law provides for the licensure and regulation of varioushealing arts professions and vocations by boards within the Departmentof Consumer Affairs Existing law requires the rules and regulations ofthese healing arts boards to provide for methods of evaluating educationtraining and experience obtained in military service if such training isapplicable to the requirements of the particular profession or vocationregulated by the board Under existing law the Department of VeteransAffairs has specified powers and duties relating to various programsserving veterans

This bill would require by January 12014 and annually thereafterevery healing arts board to issue a specified written report to theDepartment of Veterans Affairs and the Legislature as specified thatclearly details the methods of evaluating the education training andexperience obtained in military service and whether that educationtraining and experience is applicable to the boards requirements forlicensure The bill would declare the intent of the Legislature in thisregard

98

AB 1932 -2-

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 710 of the Business and Professions Code2 was enacted in 1969 and because healing arts boards have not3 demonstrated significant compliance with that section it is the4 intent of the Legislature to establish an annual reporting5 requirement to compel these boards to provide information about6 the methods of evaluating education training and experience7 obtained in military service in order to meet the needs of the8 upcoming wave of armed service members returning to civilian9 life

10 SEC 2 Section 7102 is added to the Business and Professions11 Code to read12 7102 (a) By January 12014 and annually thereafter every13 healing arts board described in this division shall issue a written14 report to the Department of Veterans Affairs and to the Legislature15 that clearly details the methods of evaluating the education16 training and experience obtained in military service and whether17 that education training and experience is applicable to the boards18 requirements for licensure This written report shall include but19 not be limited to quantitative information about the number of20 service members who have applied for and have used their military21 education training and experience to fulfill the boards22 requirements for licensure23 (b) (1) The requirement to submit a report to the Legislature24 under subdivision (a) shall be inoperative on January 1 201825 pursuant to Section 102315 of the Government Code26 (2) A report to the Legislature shall be submitted in compliance27 with Section 9795 of the Government Code

o

98

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      • AGENDA ITEM 4
      • DISCUSSION AND POSSIBLE ACTION REGARDING PENDING LEGISLATION
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                                                                                                                                                                                          • AB 958 Assembly Bill- Status
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Page 61: DISCUSSION ANDPOSSIBLE ACTION REGARDING PENDING … · 2012-06-14  · Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of2010 (PublicLaw 111-152)

AMENDED IN ASSEMBLY MARCH 5 2012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1588

Introduced by Assembly Member Atkins(Principal coauthors Assembly Members Cook and Nielsen)

(Coauthors Assembly Members Block Beth Gaines PanV Manuel Perez Williams and Yamada)

February 6 2012

An act to add Section 1143 to the Business and Professions Coderelating to professions and vocations

LEGISLATIVE COUNSELS DIGEST

AB 1588 as amended Atkins Professions and vocations reservistlicensees fees and continuing education

Existing law provides for the regulation of various professions andvocations by boards commissions or bureaus within the Departmentof Consumer Affairs and for the licensure or registration of individualsin that regard Existing law authorizes any licensee whose licenseexpired while he or she was on active duty as a member of the CaliforniaNational Guard or the United States Armed Forces to reinstate his orher license without examination or penalty if certain requirements aremet

This bill would require the boards commissions or bureaus describedabove to waive the renewal fees and continuing education requirementsif either is applicable of any licensee or registrant who is a reservistcalled to active duty as a member of the United States Military Reserveor the California National Guard if certain requirements are met

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

98

AB 1588 -2-

Thepeople of the State of Califomi a do enact asfollows

1 SECTION 1 Section 1143 is added to the Business and2 Professions Code to read3 1143 Notwithstanding any other provision oflaw everyboard4 commission or bureau within the department shall waive the5 renewal fees and continuing education requirements if either is6 applicable for any licensee or registrant who is a reservist called7 to active duty as a member of the United States Military Reserve8 or the California National Guard if all of the following9 requirements are met

10 (a) The licensee or registrant was in good standing with the11 board commission or bureau at the time the reservist was called12 to active duty13 (b) The renewal fees or continuing education requirements are14 waived only for the period during which the reservist is on active15 duty service16 (c) The active duty reservist or the active duty reservists spouse17 or registered domestic partner provides written notice satisfactory18 to the board commission or bureau that substantiates the19 reservists active duty service

o

98

AB 1896 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1896AUTHOR(S) ChesbroTOPIC Tribal health programs health care practitionersHOUSE LOCATION SEN+LAST AMENDED DATE 03272012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATIONCOMM ACTION DATECOMM ACTIONCOMM VOTE SUMMARY

ASM

05172012Referred to Com on B P amp EDBUSINESS PROFESSIONS AND CONSUMER PROTECTION04102012

Do passAyes 09 Noes OOPASS

TITLE An act to amend the heading of Article 10 (commencingwith Section 710) of Chapter 1 of Division 2 of and toadd Section 719 to the Business and Professions Coderelating to healing arts

httpwwwleginfocagovpubI11-12lbillasmab_1851-1900ab_1896_bill_20120517 _statu 652012

-

AMENDED IN ASSEMBLY MARCH 27 2012

CALIFORNIA LEGISLATURE-20II-12 REGULAR SESSION

ASSEMBLY BILL No 1896

Introduced by Assembly Member Chesbro

February 222012

An act to amend the heading of Article 10 (commencing with Section710) of Chapter 1 of Division 2 of and to add Section 719 to theBusiness and Professions Code relating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1896 as amended Chesbro Tribal health programs health carepractitioners

Under existing federal law licensed health professionals employedby a tribal health program are required to be exempt if licensed in anystate from the licensing requirements of the state in which the tribalhealth program performs specified services A tribal health program isdefined as an Indian tribe or tribal organization that operates any healthprogram service function activity or facility funded in whole or partby the Indian Health Service

Existing law provides for the licensure and regulation of health carepractitioners by various healing arts boards within the Department ofConsumer Affairs

This bill would codify that federal requirement by specifying that aperson who is licensed as a health care practitioner in any other stateand is employed by a tribal health program is exempt from any statelicensing requirement with respect to acts authorized under thepersonslicense where the tribal health program performs specified services

Vote majority Appropriation no Fiscal committee noState-mandated local program no

98

AD 1896 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 The heading of Article 10 (commencing with2 Section 710) of Chapter 1 of Division 2 of the Business and3 Professions Code is amended to read456789

101112131415161718192021

Article 10 Federal Personnel and Tribal Health Programs

SEC 2 Section 719 is added to the Business and ProfessionsCode to read

719 (a) A person who is licensed as a health care practitionerin any other state and is employed by a tribal health program asdefined in Section 1603 of Title 25 of the United States Code shallbe exempt from any licensing requirement described in this divisionwith respect to acts authorized under the persons license wherethe tribal health program performs the services described in thecontract or compact of the tribal health program under the IndianSelf-Determination and Education Assistance Act (25 USC Sec450 et seq)

(b) For purposes of this section health care practitioner meansany person who engages in acts that are the subject of licensureor regulation under this division or Ml) initiative 8et referred to inthis division the law of any other state

o

98

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1904

Introduced by Assembly Members Block Butler and Cook

February 222012

An act to add Section 1155 to the Business and Professions Coderelating to professions and vocations and making an appropriationtherefor

LEGISLATIVE COUNSELS DIGEST

AB 1904 as introduced Block Professions and vocations militaryspouses temporary licenses

Existing law provides for the licensure and regulation of variousprofessions and vocations by boards within the Department of ConsumerAffairs Existing law provides for the issuance of reciprocal licenses incertain fields where the applicant among other requirements has alicense to practice within that field in another jurisdiction as specifiedUnder existing law licensing fees imposed by certain boards withinthe department are deposited in funds that are continuously appropriated

This bill would authorize a board within the department to issue atemporary license to an applicant who among other requirements holdsan equivalent license in another jurisdiction as specified and is marriedto or in a legal union with an active duty member of the Armed Forcesofthe United States who is assigned to a duty station in California underofficial active duty military orders The bill would require a board toexpedite the process for issuing these temporary licenses The bill wouldrequire the applicant to pay any fees required by the board and wouldrequire that those fees be deposited in the fund used by the board toadminister its licensing program To the extent that the bill would

99

AB 1904 -2-

increase the amount of money deposited into a continuously appropriatedfund the bill would make an appropriation

Vote majority Appropriation yes Fiscal committee yesState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 1155 is added to the Business and2 Professions Code to read3 1155 (a) A board within the department may issue a4 temporary license to an applicant who meets all of the following5 requirements6 (l) Submits an application in the manner prescribed by the7 board8 (2) Supplies evidence satisfactory to the board that the applicant9 is married to or in a domestic partnership or other legal union

10 with an active duty member of the Armed Forces of the United11 States who is assigned to a duty station in this state under official12 active duty military orders13 (3) Holds a current license in another state district or territory14 of the United States with the requirements that the board determines15 are substantially equivalent to those established under this code16 for that occupation17 (4) Has not committed an act in anyjurisdiction that would have18 constituted grounds for denial suspension or revocation of the19 license under this code at the time the act was committed20 (5) Has not been disciplined by a licensing entity in another21 jurisdiction and is not the subject of an unresolved complaint22 review procedure or disciplinary proceeding conducted by a23 licensing entity in another jurisdiction24 (6) Pays any fees required by the board Those fees shall be25 deposited in the applicable fund or account used by the board to26 administer its licensing program27 (7) Submits fingerprints and any applicable fingerprinting fee28 in the manner required of an applicant for a regular license29 (b) A board shall expedite the procedure for issuing a temporary30 license pursuant to this section31 (c) A temporary license issued under this section shall be valid32 for 180 days except that the license may at the discretion of the

99

-3- AB 1904

I board be extended for an additional180-day period on application2 of the license holder3 (d) A board may adopt regulations necessary to administer this4 section

o

99

AB 1932 Assembly Bill Status

MEASURE AUTHOR(S)TOPICHOUSE+LAST

CURRENT BILL STATUS

AB No 1932Gorell (Coauthor Cook)

United States armed services healing arts boardsLOCATION SENAMENDED DATE 04172012

TYPE OF BILL

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpubI11-12Ibillasmab_1901-1950ab_1932_bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

An act to add Section 7102 to the Business andProfessions Code relating to healing arts

-

AMENDED IN ASSEMBLY APRIL 172012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1932

Introduced by Assembly Member-Ceek Gorell(Coauthor Assembly Member Cook)

February 222012

An act to add Section 7102 to the Business and Professions Coderelating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1932 as amended euroook Gorell United States armed serviceshealing arts boards

Existing law provides for the licensure and regulation of varioushealing arts professions and vocations by boards within the Departmentof Consumer Affairs Existing law requires the rules and regulations ofthese healing arts boards to provide for methods of evaluating educationtraining and experience obtained in military service if such training isapplicable to the requirements of the particular profession or vocationregulated by the board Under existing law the Department of VeteransAffairs has specified powers and duties relating to various programsserving veterans

This bill would require by January 12014 and annually thereafterevery healing arts board to issue a specified written report to theDepartment of Veterans Affairs and the Legislature as specified thatclearly details the methods of evaluating the education training andexperience obtained in military service and whether that educationtraining and experience is applicable to the boards requirements forlicensure The bill would declare the intent of the Legislature in thisregard

98

AB 1932 -2-

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 710 of the Business and Professions Code2 was enacted in 1969 and because healing arts boards have not3 demonstrated significant compliance with that section it is the4 intent of the Legislature to establish an annual reporting5 requirement to compel these boards to provide information about6 the methods of evaluating education training and experience7 obtained in military service in order to meet the needs of the8 upcoming wave of armed service members returning to civilian9 life

10 SEC 2 Section 7102 is added to the Business and Professions11 Code to read12 7102 (a) By January 12014 and annually thereafter every13 healing arts board described in this division shall issue a written14 report to the Department of Veterans Affairs and to the Legislature15 that clearly details the methods of evaluating the education16 training and experience obtained in military service and whether17 that education training and experience is applicable to the boards18 requirements for licensure This written report shall include but19 not be limited to quantitative information about the number of20 service members who have applied for and have used their military21 education training and experience to fulfill the boards22 requirements for licensure23 (b) (1) The requirement to submit a report to the Legislature24 under subdivision (a) shall be inoperative on January 1 201825 pursuant to Section 102315 of the Government Code26 (2) A report to the Legislature shall be submitted in compliance27 with Section 9795 of the Government Code

o

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Page 62: DISCUSSION ANDPOSSIBLE ACTION REGARDING PENDING … · 2012-06-14  · Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of2010 (PublicLaw 111-152)

AB 1588 -2-

Thepeople of the State of Califomi a do enact asfollows

1 SECTION 1 Section 1143 is added to the Business and2 Professions Code to read3 1143 Notwithstanding any other provision oflaw everyboard4 commission or bureau within the department shall waive the5 renewal fees and continuing education requirements if either is6 applicable for any licensee or registrant who is a reservist called7 to active duty as a member of the United States Military Reserve8 or the California National Guard if all of the following9 requirements are met

10 (a) The licensee or registrant was in good standing with the11 board commission or bureau at the time the reservist was called12 to active duty13 (b) The renewal fees or continuing education requirements are14 waived only for the period during which the reservist is on active15 duty service16 (c) The active duty reservist or the active duty reservists spouse17 or registered domestic partner provides written notice satisfactory18 to the board commission or bureau that substantiates the19 reservists active duty service

o

98

AB 1896 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1896AUTHOR(S) ChesbroTOPIC Tribal health programs health care practitionersHOUSE LOCATION SEN+LAST AMENDED DATE 03272012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATIONCOMM ACTION DATECOMM ACTIONCOMM VOTE SUMMARY

ASM

05172012Referred to Com on B P amp EDBUSINESS PROFESSIONS AND CONSUMER PROTECTION04102012

Do passAyes 09 Noes OOPASS

TITLE An act to amend the heading of Article 10 (commencingwith Section 710) of Chapter 1 of Division 2 of and toadd Section 719 to the Business and Professions Coderelating to healing arts

httpwwwleginfocagovpubI11-12lbillasmab_1851-1900ab_1896_bill_20120517 _statu 652012

-

AMENDED IN ASSEMBLY MARCH 27 2012

CALIFORNIA LEGISLATURE-20II-12 REGULAR SESSION

ASSEMBLY BILL No 1896

Introduced by Assembly Member Chesbro

February 222012

An act to amend the heading of Article 10 (commencing with Section710) of Chapter 1 of Division 2 of and to add Section 719 to theBusiness and Professions Code relating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1896 as amended Chesbro Tribal health programs health carepractitioners

Under existing federal law licensed health professionals employedby a tribal health program are required to be exempt if licensed in anystate from the licensing requirements of the state in which the tribalhealth program performs specified services A tribal health program isdefined as an Indian tribe or tribal organization that operates any healthprogram service function activity or facility funded in whole or partby the Indian Health Service

Existing law provides for the licensure and regulation of health carepractitioners by various healing arts boards within the Department ofConsumer Affairs

This bill would codify that federal requirement by specifying that aperson who is licensed as a health care practitioner in any other stateand is employed by a tribal health program is exempt from any statelicensing requirement with respect to acts authorized under thepersonslicense where the tribal health program performs specified services

Vote majority Appropriation no Fiscal committee noState-mandated local program no

98

AD 1896 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 The heading of Article 10 (commencing with2 Section 710) of Chapter 1 of Division 2 of the Business and3 Professions Code is amended to read456789

101112131415161718192021

Article 10 Federal Personnel and Tribal Health Programs

SEC 2 Section 719 is added to the Business and ProfessionsCode to read

719 (a) A person who is licensed as a health care practitionerin any other state and is employed by a tribal health program asdefined in Section 1603 of Title 25 of the United States Code shallbe exempt from any licensing requirement described in this divisionwith respect to acts authorized under the persons license wherethe tribal health program performs the services described in thecontract or compact of the tribal health program under the IndianSelf-Determination and Education Assistance Act (25 USC Sec450 et seq)

(b) For purposes of this section health care practitioner meansany person who engages in acts that are the subject of licensureor regulation under this division or Ml) initiative 8et referred to inthis division the law of any other state

o

98

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1904

Introduced by Assembly Members Block Butler and Cook

February 222012

An act to add Section 1155 to the Business and Professions Coderelating to professions and vocations and making an appropriationtherefor

LEGISLATIVE COUNSELS DIGEST

AB 1904 as introduced Block Professions and vocations militaryspouses temporary licenses

Existing law provides for the licensure and regulation of variousprofessions and vocations by boards within the Department of ConsumerAffairs Existing law provides for the issuance of reciprocal licenses incertain fields where the applicant among other requirements has alicense to practice within that field in another jurisdiction as specifiedUnder existing law licensing fees imposed by certain boards withinthe department are deposited in funds that are continuously appropriated

This bill would authorize a board within the department to issue atemporary license to an applicant who among other requirements holdsan equivalent license in another jurisdiction as specified and is marriedto or in a legal union with an active duty member of the Armed Forcesofthe United States who is assigned to a duty station in California underofficial active duty military orders The bill would require a board toexpedite the process for issuing these temporary licenses The bill wouldrequire the applicant to pay any fees required by the board and wouldrequire that those fees be deposited in the fund used by the board toadminister its licensing program To the extent that the bill would

99

AB 1904 -2-

increase the amount of money deposited into a continuously appropriatedfund the bill would make an appropriation

Vote majority Appropriation yes Fiscal committee yesState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 1155 is added to the Business and2 Professions Code to read3 1155 (a) A board within the department may issue a4 temporary license to an applicant who meets all of the following5 requirements6 (l) Submits an application in the manner prescribed by the7 board8 (2) Supplies evidence satisfactory to the board that the applicant9 is married to or in a domestic partnership or other legal union

10 with an active duty member of the Armed Forces of the United11 States who is assigned to a duty station in this state under official12 active duty military orders13 (3) Holds a current license in another state district or territory14 of the United States with the requirements that the board determines15 are substantially equivalent to those established under this code16 for that occupation17 (4) Has not committed an act in anyjurisdiction that would have18 constituted grounds for denial suspension or revocation of the19 license under this code at the time the act was committed20 (5) Has not been disciplined by a licensing entity in another21 jurisdiction and is not the subject of an unresolved complaint22 review procedure or disciplinary proceeding conducted by a23 licensing entity in another jurisdiction24 (6) Pays any fees required by the board Those fees shall be25 deposited in the applicable fund or account used by the board to26 administer its licensing program27 (7) Submits fingerprints and any applicable fingerprinting fee28 in the manner required of an applicant for a regular license29 (b) A board shall expedite the procedure for issuing a temporary30 license pursuant to this section31 (c) A temporary license issued under this section shall be valid32 for 180 days except that the license may at the discretion of the

99

-3- AB 1904

I board be extended for an additional180-day period on application2 of the license holder3 (d) A board may adopt regulations necessary to administer this4 section

o

99

AB 1932 Assembly Bill Status

MEASURE AUTHOR(S)TOPICHOUSE+LAST

CURRENT BILL STATUS

AB No 1932Gorell (Coauthor Cook)

United States armed services healing arts boardsLOCATION SENAMENDED DATE 04172012

TYPE OF BILL

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpubI11-12Ibillasmab_1901-1950ab_1932_bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

An act to add Section 7102 to the Business andProfessions Code relating to healing arts

-

AMENDED IN ASSEMBLY APRIL 172012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1932

Introduced by Assembly Member-Ceek Gorell(Coauthor Assembly Member Cook)

February 222012

An act to add Section 7102 to the Business and Professions Coderelating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1932 as amended euroook Gorell United States armed serviceshealing arts boards

Existing law provides for the licensure and regulation of varioushealing arts professions and vocations by boards within the Departmentof Consumer Affairs Existing law requires the rules and regulations ofthese healing arts boards to provide for methods of evaluating educationtraining and experience obtained in military service if such training isapplicable to the requirements of the particular profession or vocationregulated by the board Under existing law the Department of VeteransAffairs has specified powers and duties relating to various programsserving veterans

This bill would require by January 12014 and annually thereafterevery healing arts board to issue a specified written report to theDepartment of Veterans Affairs and the Legislature as specified thatclearly details the methods of evaluating the education training andexperience obtained in military service and whether that educationtraining and experience is applicable to the boards requirements forlicensure The bill would declare the intent of the Legislature in thisregard

98

AB 1932 -2-

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 710 of the Business and Professions Code2 was enacted in 1969 and because healing arts boards have not3 demonstrated significant compliance with that section it is the4 intent of the Legislature to establish an annual reporting5 requirement to compel these boards to provide information about6 the methods of evaluating education training and experience7 obtained in military service in order to meet the needs of the8 upcoming wave of armed service members returning to civilian9 life

10 SEC 2 Section 7102 is added to the Business and Professions11 Code to read12 7102 (a) By January 12014 and annually thereafter every13 healing arts board described in this division shall issue a written14 report to the Department of Veterans Affairs and to the Legislature15 that clearly details the methods of evaluating the education16 training and experience obtained in military service and whether17 that education training and experience is applicable to the boards18 requirements for licensure This written report shall include but19 not be limited to quantitative information about the number of20 service members who have applied for and have used their military21 education training and experience to fulfill the boards22 requirements for licensure23 (b) (1) The requirement to submit a report to the Legislature24 under subdivision (a) shall be inoperative on January 1 201825 pursuant to Section 102315 of the Government Code26 (2) A report to the Legislature shall be submitted in compliance27 with Section 9795 of the Government Code

o

98

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Page 63: DISCUSSION ANDPOSSIBLE ACTION REGARDING PENDING … · 2012-06-14  · Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of2010 (PublicLaw 111-152)

AB 1896 Assembly Bill Status Page 1 of 1

CURRENT BILL STATUS

MEASURE AB No 1896AUTHOR(S) ChesbroTOPIC Tribal health programs health care practitionersHOUSE LOCATION SEN+LAST AMENDED DATE 03272012

TYPE OF BILLActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramNon-FiscalNon-Tax Levy

LAST HIST ACT DATELAST HIST ACTIONCOMM LOCATIONCOMM ACTION DATECOMM ACTIONCOMM VOTE SUMMARY

ASM

05172012Referred to Com on B P amp EDBUSINESS PROFESSIONS AND CONSUMER PROTECTION04102012

Do passAyes 09 Noes OOPASS

TITLE An act to amend the heading of Article 10 (commencingwith Section 710) of Chapter 1 of Division 2 of and toadd Section 719 to the Business and Professions Coderelating to healing arts

httpwwwleginfocagovpubI11-12lbillasmab_1851-1900ab_1896_bill_20120517 _statu 652012

-

AMENDED IN ASSEMBLY MARCH 27 2012

CALIFORNIA LEGISLATURE-20II-12 REGULAR SESSION

ASSEMBLY BILL No 1896

Introduced by Assembly Member Chesbro

February 222012

An act to amend the heading of Article 10 (commencing with Section710) of Chapter 1 of Division 2 of and to add Section 719 to theBusiness and Professions Code relating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1896 as amended Chesbro Tribal health programs health carepractitioners

Under existing federal law licensed health professionals employedby a tribal health program are required to be exempt if licensed in anystate from the licensing requirements of the state in which the tribalhealth program performs specified services A tribal health program isdefined as an Indian tribe or tribal organization that operates any healthprogram service function activity or facility funded in whole or partby the Indian Health Service

Existing law provides for the licensure and regulation of health carepractitioners by various healing arts boards within the Department ofConsumer Affairs

This bill would codify that federal requirement by specifying that aperson who is licensed as a health care practitioner in any other stateand is employed by a tribal health program is exempt from any statelicensing requirement with respect to acts authorized under thepersonslicense where the tribal health program performs specified services

Vote majority Appropriation no Fiscal committee noState-mandated local program no

98

AD 1896 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 The heading of Article 10 (commencing with2 Section 710) of Chapter 1 of Division 2 of the Business and3 Professions Code is amended to read456789

101112131415161718192021

Article 10 Federal Personnel and Tribal Health Programs

SEC 2 Section 719 is added to the Business and ProfessionsCode to read

719 (a) A person who is licensed as a health care practitionerin any other state and is employed by a tribal health program asdefined in Section 1603 of Title 25 of the United States Code shallbe exempt from any licensing requirement described in this divisionwith respect to acts authorized under the persons license wherethe tribal health program performs the services described in thecontract or compact of the tribal health program under the IndianSelf-Determination and Education Assistance Act (25 USC Sec450 et seq)

(b) For purposes of this section health care practitioner meansany person who engages in acts that are the subject of licensureor regulation under this division or Ml) initiative 8et referred to inthis division the law of any other state

o

98

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1904

Introduced by Assembly Members Block Butler and Cook

February 222012

An act to add Section 1155 to the Business and Professions Coderelating to professions and vocations and making an appropriationtherefor

LEGISLATIVE COUNSELS DIGEST

AB 1904 as introduced Block Professions and vocations militaryspouses temporary licenses

Existing law provides for the licensure and regulation of variousprofessions and vocations by boards within the Department of ConsumerAffairs Existing law provides for the issuance of reciprocal licenses incertain fields where the applicant among other requirements has alicense to practice within that field in another jurisdiction as specifiedUnder existing law licensing fees imposed by certain boards withinthe department are deposited in funds that are continuously appropriated

This bill would authorize a board within the department to issue atemporary license to an applicant who among other requirements holdsan equivalent license in another jurisdiction as specified and is marriedto or in a legal union with an active duty member of the Armed Forcesofthe United States who is assigned to a duty station in California underofficial active duty military orders The bill would require a board toexpedite the process for issuing these temporary licenses The bill wouldrequire the applicant to pay any fees required by the board and wouldrequire that those fees be deposited in the fund used by the board toadminister its licensing program To the extent that the bill would

99

AB 1904 -2-

increase the amount of money deposited into a continuously appropriatedfund the bill would make an appropriation

Vote majority Appropriation yes Fiscal committee yesState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 1155 is added to the Business and2 Professions Code to read3 1155 (a) A board within the department may issue a4 temporary license to an applicant who meets all of the following5 requirements6 (l) Submits an application in the manner prescribed by the7 board8 (2) Supplies evidence satisfactory to the board that the applicant9 is married to or in a domestic partnership or other legal union

10 with an active duty member of the Armed Forces of the United11 States who is assigned to a duty station in this state under official12 active duty military orders13 (3) Holds a current license in another state district or territory14 of the United States with the requirements that the board determines15 are substantially equivalent to those established under this code16 for that occupation17 (4) Has not committed an act in anyjurisdiction that would have18 constituted grounds for denial suspension or revocation of the19 license under this code at the time the act was committed20 (5) Has not been disciplined by a licensing entity in another21 jurisdiction and is not the subject of an unresolved complaint22 review procedure or disciplinary proceeding conducted by a23 licensing entity in another jurisdiction24 (6) Pays any fees required by the board Those fees shall be25 deposited in the applicable fund or account used by the board to26 administer its licensing program27 (7) Submits fingerprints and any applicable fingerprinting fee28 in the manner required of an applicant for a regular license29 (b) A board shall expedite the procedure for issuing a temporary30 license pursuant to this section31 (c) A temporary license issued under this section shall be valid32 for 180 days except that the license may at the discretion of the

99

-3- AB 1904

I board be extended for an additional180-day period on application2 of the license holder3 (d) A board may adopt regulations necessary to administer this4 section

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99

AB 1932 Assembly Bill Status

MEASURE AUTHOR(S)TOPICHOUSE+LAST

CURRENT BILL STATUS

AB No 1932Gorell (Coauthor Cook)

United States armed services healing arts boardsLOCATION SENAMENDED DATE 04172012

TYPE OF BILL

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

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APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

An act to add Section 7102 to the Business andProfessions Code relating to healing arts

-

AMENDED IN ASSEMBLY APRIL 172012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1932

Introduced by Assembly Member-Ceek Gorell(Coauthor Assembly Member Cook)

February 222012

An act to add Section 7102 to the Business and Professions Coderelating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1932 as amended euroook Gorell United States armed serviceshealing arts boards

Existing law provides for the licensure and regulation of varioushealing arts professions and vocations by boards within the Departmentof Consumer Affairs Existing law requires the rules and regulations ofthese healing arts boards to provide for methods of evaluating educationtraining and experience obtained in military service if such training isapplicable to the requirements of the particular profession or vocationregulated by the board Under existing law the Department of VeteransAffairs has specified powers and duties relating to various programsserving veterans

This bill would require by January 12014 and annually thereafterevery healing arts board to issue a specified written report to theDepartment of Veterans Affairs and the Legislature as specified thatclearly details the methods of evaluating the education training andexperience obtained in military service and whether that educationtraining and experience is applicable to the boards requirements forlicensure The bill would declare the intent of the Legislature in thisregard

98

AB 1932 -2-

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 710 of the Business and Professions Code2 was enacted in 1969 and because healing arts boards have not3 demonstrated significant compliance with that section it is the4 intent of the Legislature to establish an annual reporting5 requirement to compel these boards to provide information about6 the methods of evaluating education training and experience7 obtained in military service in order to meet the needs of the8 upcoming wave of armed service members returning to civilian9 life

10 SEC 2 Section 7102 is added to the Business and Professions11 Code to read12 7102 (a) By January 12014 and annually thereafter every13 healing arts board described in this division shall issue a written14 report to the Department of Veterans Affairs and to the Legislature15 that clearly details the methods of evaluating the education16 training and experience obtained in military service and whether17 that education training and experience is applicable to the boards18 requirements for licensure This written report shall include but19 not be limited to quantitative information about the number of20 service members who have applied for and have used their military21 education training and experience to fulfill the boards22 requirements for licensure23 (b) (1) The requirement to submit a report to the Legislature24 under subdivision (a) shall be inoperative on January 1 201825 pursuant to Section 102315 of the Government Code26 (2) A report to the Legislature shall be submitted in compliance27 with Section 9795 of the Government Code

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98

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AMENDED IN ASSEMBLY MARCH 27 2012

CALIFORNIA LEGISLATURE-20II-12 REGULAR SESSION

ASSEMBLY BILL No 1896

Introduced by Assembly Member Chesbro

February 222012

An act to amend the heading of Article 10 (commencing with Section710) of Chapter 1 of Division 2 of and to add Section 719 to theBusiness and Professions Code relating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1896 as amended Chesbro Tribal health programs health carepractitioners

Under existing federal law licensed health professionals employedby a tribal health program are required to be exempt if licensed in anystate from the licensing requirements of the state in which the tribalhealth program performs specified services A tribal health program isdefined as an Indian tribe or tribal organization that operates any healthprogram service function activity or facility funded in whole or partby the Indian Health Service

Existing law provides for the licensure and regulation of health carepractitioners by various healing arts boards within the Department ofConsumer Affairs

This bill would codify that federal requirement by specifying that aperson who is licensed as a health care practitioner in any other stateand is employed by a tribal health program is exempt from any statelicensing requirement with respect to acts authorized under thepersonslicense where the tribal health program performs specified services

Vote majority Appropriation no Fiscal committee noState-mandated local program no

98

AD 1896 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 The heading of Article 10 (commencing with2 Section 710) of Chapter 1 of Division 2 of the Business and3 Professions Code is amended to read456789

101112131415161718192021

Article 10 Federal Personnel and Tribal Health Programs

SEC 2 Section 719 is added to the Business and ProfessionsCode to read

719 (a) A person who is licensed as a health care practitionerin any other state and is employed by a tribal health program asdefined in Section 1603 of Title 25 of the United States Code shallbe exempt from any licensing requirement described in this divisionwith respect to acts authorized under the persons license wherethe tribal health program performs the services described in thecontract or compact of the tribal health program under the IndianSelf-Determination and Education Assistance Act (25 USC Sec450 et seq)

(b) For purposes of this section health care practitioner meansany person who engages in acts that are the subject of licensureor regulation under this division or Ml) initiative 8et referred to inthis division the law of any other state

o

98

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1904

Introduced by Assembly Members Block Butler and Cook

February 222012

An act to add Section 1155 to the Business and Professions Coderelating to professions and vocations and making an appropriationtherefor

LEGISLATIVE COUNSELS DIGEST

AB 1904 as introduced Block Professions and vocations militaryspouses temporary licenses

Existing law provides for the licensure and regulation of variousprofessions and vocations by boards within the Department of ConsumerAffairs Existing law provides for the issuance of reciprocal licenses incertain fields where the applicant among other requirements has alicense to practice within that field in another jurisdiction as specifiedUnder existing law licensing fees imposed by certain boards withinthe department are deposited in funds that are continuously appropriated

This bill would authorize a board within the department to issue atemporary license to an applicant who among other requirements holdsan equivalent license in another jurisdiction as specified and is marriedto or in a legal union with an active duty member of the Armed Forcesofthe United States who is assigned to a duty station in California underofficial active duty military orders The bill would require a board toexpedite the process for issuing these temporary licenses The bill wouldrequire the applicant to pay any fees required by the board and wouldrequire that those fees be deposited in the fund used by the board toadminister its licensing program To the extent that the bill would

99

AB 1904 -2-

increase the amount of money deposited into a continuously appropriatedfund the bill would make an appropriation

Vote majority Appropriation yes Fiscal committee yesState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 1155 is added to the Business and2 Professions Code to read3 1155 (a) A board within the department may issue a4 temporary license to an applicant who meets all of the following5 requirements6 (l) Submits an application in the manner prescribed by the7 board8 (2) Supplies evidence satisfactory to the board that the applicant9 is married to or in a domestic partnership or other legal union

10 with an active duty member of the Armed Forces of the United11 States who is assigned to a duty station in this state under official12 active duty military orders13 (3) Holds a current license in another state district or territory14 of the United States with the requirements that the board determines15 are substantially equivalent to those established under this code16 for that occupation17 (4) Has not committed an act in anyjurisdiction that would have18 constituted grounds for denial suspension or revocation of the19 license under this code at the time the act was committed20 (5) Has not been disciplined by a licensing entity in another21 jurisdiction and is not the subject of an unresolved complaint22 review procedure or disciplinary proceeding conducted by a23 licensing entity in another jurisdiction24 (6) Pays any fees required by the board Those fees shall be25 deposited in the applicable fund or account used by the board to26 administer its licensing program27 (7) Submits fingerprints and any applicable fingerprinting fee28 in the manner required of an applicant for a regular license29 (b) A board shall expedite the procedure for issuing a temporary30 license pursuant to this section31 (c) A temporary license issued under this section shall be valid32 for 180 days except that the license may at the discretion of the

99

-3- AB 1904

I board be extended for an additional180-day period on application2 of the license holder3 (d) A board may adopt regulations necessary to administer this4 section

o

99

AB 1932 Assembly Bill Status

MEASURE AUTHOR(S)TOPICHOUSE+LAST

CURRENT BILL STATUS

AB No 1932Gorell (Coauthor Cook)

United States armed services healing arts boardsLOCATION SENAMENDED DATE 04172012

TYPE OF BILL

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpubI11-12Ibillasmab_1901-1950ab_1932_bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

An act to add Section 7102 to the Business andProfessions Code relating to healing arts

-

AMENDED IN ASSEMBLY APRIL 172012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1932

Introduced by Assembly Member-Ceek Gorell(Coauthor Assembly Member Cook)

February 222012

An act to add Section 7102 to the Business and Professions Coderelating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1932 as amended euroook Gorell United States armed serviceshealing arts boards

Existing law provides for the licensure and regulation of varioushealing arts professions and vocations by boards within the Departmentof Consumer Affairs Existing law requires the rules and regulations ofthese healing arts boards to provide for methods of evaluating educationtraining and experience obtained in military service if such training isapplicable to the requirements of the particular profession or vocationregulated by the board Under existing law the Department of VeteransAffairs has specified powers and duties relating to various programsserving veterans

This bill would require by January 12014 and annually thereafterevery healing arts board to issue a specified written report to theDepartment of Veterans Affairs and the Legislature as specified thatclearly details the methods of evaluating the education training andexperience obtained in military service and whether that educationtraining and experience is applicable to the boards requirements forlicensure The bill would declare the intent of the Legislature in thisregard

98

AB 1932 -2-

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 710 of the Business and Professions Code2 was enacted in 1969 and because healing arts boards have not3 demonstrated significant compliance with that section it is the4 intent of the Legislature to establish an annual reporting5 requirement to compel these boards to provide information about6 the methods of evaluating education training and experience7 obtained in military service in order to meet the needs of the8 upcoming wave of armed service members returning to civilian9 life

10 SEC 2 Section 7102 is added to the Business and Professions11 Code to read12 7102 (a) By January 12014 and annually thereafter every13 healing arts board described in this division shall issue a written14 report to the Department of Veterans Affairs and to the Legislature15 that clearly details the methods of evaluating the education16 training and experience obtained in military service and whether17 that education training and experience is applicable to the boards18 requirements for licensure This written report shall include but19 not be limited to quantitative information about the number of20 service members who have applied for and have used their military21 education training and experience to fulfill the boards22 requirements for licensure23 (b) (1) The requirement to submit a report to the Legislature24 under subdivision (a) shall be inoperative on January 1 201825 pursuant to Section 102315 of the Government Code26 (2) A report to the Legislature shall be submitted in compliance27 with Section 9795 of the Government Code

o

98

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Page 65: DISCUSSION ANDPOSSIBLE ACTION REGARDING PENDING … · 2012-06-14  · Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of2010 (PublicLaw 111-152)

AD 1896 -2-

Thepeople of the State of California do enact asfollows

1 SECTION 1 The heading of Article 10 (commencing with2 Section 710) of Chapter 1 of Division 2 of the Business and3 Professions Code is amended to read456789

101112131415161718192021

Article 10 Federal Personnel and Tribal Health Programs

SEC 2 Section 719 is added to the Business and ProfessionsCode to read

719 (a) A person who is licensed as a health care practitionerin any other state and is employed by a tribal health program asdefined in Section 1603 of Title 25 of the United States Code shallbe exempt from any licensing requirement described in this divisionwith respect to acts authorized under the persons license wherethe tribal health program performs the services described in thecontract or compact of the tribal health program under the IndianSelf-Determination and Education Assistance Act (25 USC Sec450 et seq)

(b) For purposes of this section health care practitioner meansany person who engages in acts that are the subject of licensureor regulation under this division or Ml) initiative 8et referred to inthis division the law of any other state

o

98

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1904

Introduced by Assembly Members Block Butler and Cook

February 222012

An act to add Section 1155 to the Business and Professions Coderelating to professions and vocations and making an appropriationtherefor

LEGISLATIVE COUNSELS DIGEST

AB 1904 as introduced Block Professions and vocations militaryspouses temporary licenses

Existing law provides for the licensure and regulation of variousprofessions and vocations by boards within the Department of ConsumerAffairs Existing law provides for the issuance of reciprocal licenses incertain fields where the applicant among other requirements has alicense to practice within that field in another jurisdiction as specifiedUnder existing law licensing fees imposed by certain boards withinthe department are deposited in funds that are continuously appropriated

This bill would authorize a board within the department to issue atemporary license to an applicant who among other requirements holdsan equivalent license in another jurisdiction as specified and is marriedto or in a legal union with an active duty member of the Armed Forcesofthe United States who is assigned to a duty station in California underofficial active duty military orders The bill would require a board toexpedite the process for issuing these temporary licenses The bill wouldrequire the applicant to pay any fees required by the board and wouldrequire that those fees be deposited in the fund used by the board toadminister its licensing program To the extent that the bill would

99

AB 1904 -2-

increase the amount of money deposited into a continuously appropriatedfund the bill would make an appropriation

Vote majority Appropriation yes Fiscal committee yesState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 1155 is added to the Business and2 Professions Code to read3 1155 (a) A board within the department may issue a4 temporary license to an applicant who meets all of the following5 requirements6 (l) Submits an application in the manner prescribed by the7 board8 (2) Supplies evidence satisfactory to the board that the applicant9 is married to or in a domestic partnership or other legal union

10 with an active duty member of the Armed Forces of the United11 States who is assigned to a duty station in this state under official12 active duty military orders13 (3) Holds a current license in another state district or territory14 of the United States with the requirements that the board determines15 are substantially equivalent to those established under this code16 for that occupation17 (4) Has not committed an act in anyjurisdiction that would have18 constituted grounds for denial suspension or revocation of the19 license under this code at the time the act was committed20 (5) Has not been disciplined by a licensing entity in another21 jurisdiction and is not the subject of an unresolved complaint22 review procedure or disciplinary proceeding conducted by a23 licensing entity in another jurisdiction24 (6) Pays any fees required by the board Those fees shall be25 deposited in the applicable fund or account used by the board to26 administer its licensing program27 (7) Submits fingerprints and any applicable fingerprinting fee28 in the manner required of an applicant for a regular license29 (b) A board shall expedite the procedure for issuing a temporary30 license pursuant to this section31 (c) A temporary license issued under this section shall be valid32 for 180 days except that the license may at the discretion of the

99

-3- AB 1904

I board be extended for an additional180-day period on application2 of the license holder3 (d) A board may adopt regulations necessary to administer this4 section

o

99

AB 1932 Assembly Bill Status

MEASURE AUTHOR(S)TOPICHOUSE+LAST

CURRENT BILL STATUS

AB No 1932Gorell (Coauthor Cook)

United States armed services healing arts boardsLOCATION SENAMENDED DATE 04172012

TYPE OF BILL

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpubI11-12Ibillasmab_1901-1950ab_1932_bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

An act to add Section 7102 to the Business andProfessions Code relating to healing arts

-

AMENDED IN ASSEMBLY APRIL 172012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1932

Introduced by Assembly Member-Ceek Gorell(Coauthor Assembly Member Cook)

February 222012

An act to add Section 7102 to the Business and Professions Coderelating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1932 as amended euroook Gorell United States armed serviceshealing arts boards

Existing law provides for the licensure and regulation of varioushealing arts professions and vocations by boards within the Departmentof Consumer Affairs Existing law requires the rules and regulations ofthese healing arts boards to provide for methods of evaluating educationtraining and experience obtained in military service if such training isapplicable to the requirements of the particular profession or vocationregulated by the board Under existing law the Department of VeteransAffairs has specified powers and duties relating to various programsserving veterans

This bill would require by January 12014 and annually thereafterevery healing arts board to issue a specified written report to theDepartment of Veterans Affairs and the Legislature as specified thatclearly details the methods of evaluating the education training andexperience obtained in military service and whether that educationtraining and experience is applicable to the boards requirements forlicensure The bill would declare the intent of the Legislature in thisregard

98

AB 1932 -2-

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 710 of the Business and Professions Code2 was enacted in 1969 and because healing arts boards have not3 demonstrated significant compliance with that section it is the4 intent of the Legislature to establish an annual reporting5 requirement to compel these boards to provide information about6 the methods of evaluating education training and experience7 obtained in military service in order to meet the needs of the8 upcoming wave of armed service members returning to civilian9 life

10 SEC 2 Section 7102 is added to the Business and Professions11 Code to read12 7102 (a) By January 12014 and annually thereafter every13 healing arts board described in this division shall issue a written14 report to the Department of Veterans Affairs and to the Legislature15 that clearly details the methods of evaluating the education16 training and experience obtained in military service and whether17 that education training and experience is applicable to the boards18 requirements for licensure This written report shall include but19 not be limited to quantitative information about the number of20 service members who have applied for and have used their military21 education training and experience to fulfill the boards22 requirements for licensure23 (b) (1) The requirement to submit a report to the Legislature24 under subdivision (a) shall be inoperative on January 1 201825 pursuant to Section 102315 of the Government Code26 (2) A report to the Legislature shall be submitted in compliance27 with Section 9795 of the Government Code

o

98

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Page 66: DISCUSSION ANDPOSSIBLE ACTION REGARDING PENDING … · 2012-06-14  · Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of2010 (PublicLaw 111-152)

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1904

Introduced by Assembly Members Block Butler and Cook

February 222012

An act to add Section 1155 to the Business and Professions Coderelating to professions and vocations and making an appropriationtherefor

LEGISLATIVE COUNSELS DIGEST

AB 1904 as introduced Block Professions and vocations militaryspouses temporary licenses

Existing law provides for the licensure and regulation of variousprofessions and vocations by boards within the Department of ConsumerAffairs Existing law provides for the issuance of reciprocal licenses incertain fields where the applicant among other requirements has alicense to practice within that field in another jurisdiction as specifiedUnder existing law licensing fees imposed by certain boards withinthe department are deposited in funds that are continuously appropriated

This bill would authorize a board within the department to issue atemporary license to an applicant who among other requirements holdsan equivalent license in another jurisdiction as specified and is marriedto or in a legal union with an active duty member of the Armed Forcesofthe United States who is assigned to a duty station in California underofficial active duty military orders The bill would require a board toexpedite the process for issuing these temporary licenses The bill wouldrequire the applicant to pay any fees required by the board and wouldrequire that those fees be deposited in the fund used by the board toadminister its licensing program To the extent that the bill would

99

AB 1904 -2-

increase the amount of money deposited into a continuously appropriatedfund the bill would make an appropriation

Vote majority Appropriation yes Fiscal committee yesState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 1155 is added to the Business and2 Professions Code to read3 1155 (a) A board within the department may issue a4 temporary license to an applicant who meets all of the following5 requirements6 (l) Submits an application in the manner prescribed by the7 board8 (2) Supplies evidence satisfactory to the board that the applicant9 is married to or in a domestic partnership or other legal union

10 with an active duty member of the Armed Forces of the United11 States who is assigned to a duty station in this state under official12 active duty military orders13 (3) Holds a current license in another state district or territory14 of the United States with the requirements that the board determines15 are substantially equivalent to those established under this code16 for that occupation17 (4) Has not committed an act in anyjurisdiction that would have18 constituted grounds for denial suspension or revocation of the19 license under this code at the time the act was committed20 (5) Has not been disciplined by a licensing entity in another21 jurisdiction and is not the subject of an unresolved complaint22 review procedure or disciplinary proceeding conducted by a23 licensing entity in another jurisdiction24 (6) Pays any fees required by the board Those fees shall be25 deposited in the applicable fund or account used by the board to26 administer its licensing program27 (7) Submits fingerprints and any applicable fingerprinting fee28 in the manner required of an applicant for a regular license29 (b) A board shall expedite the procedure for issuing a temporary30 license pursuant to this section31 (c) A temporary license issued under this section shall be valid32 for 180 days except that the license may at the discretion of the

99

-3- AB 1904

I board be extended for an additional180-day period on application2 of the license holder3 (d) A board may adopt regulations necessary to administer this4 section

o

99

AB 1932 Assembly Bill Status

MEASURE AUTHOR(S)TOPICHOUSE+LAST

CURRENT BILL STATUS

AB No 1932Gorell (Coauthor Cook)

United States armed services healing arts boardsLOCATION SENAMENDED DATE 04172012

TYPE OF BILL

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpubI11-12Ibillasmab_1901-1950ab_1932_bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

An act to add Section 7102 to the Business andProfessions Code relating to healing arts

-

AMENDED IN ASSEMBLY APRIL 172012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1932

Introduced by Assembly Member-Ceek Gorell(Coauthor Assembly Member Cook)

February 222012

An act to add Section 7102 to the Business and Professions Coderelating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1932 as amended euroook Gorell United States armed serviceshealing arts boards

Existing law provides for the licensure and regulation of varioushealing arts professions and vocations by boards within the Departmentof Consumer Affairs Existing law requires the rules and regulations ofthese healing arts boards to provide for methods of evaluating educationtraining and experience obtained in military service if such training isapplicable to the requirements of the particular profession or vocationregulated by the board Under existing law the Department of VeteransAffairs has specified powers and duties relating to various programsserving veterans

This bill would require by January 12014 and annually thereafterevery healing arts board to issue a specified written report to theDepartment of Veterans Affairs and the Legislature as specified thatclearly details the methods of evaluating the education training andexperience obtained in military service and whether that educationtraining and experience is applicable to the boards requirements forlicensure The bill would declare the intent of the Legislature in thisregard

98

AB 1932 -2-

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 710 of the Business and Professions Code2 was enacted in 1969 and because healing arts boards have not3 demonstrated significant compliance with that section it is the4 intent of the Legislature to establish an annual reporting5 requirement to compel these boards to provide information about6 the methods of evaluating education training and experience7 obtained in military service in order to meet the needs of the8 upcoming wave of armed service members returning to civilian9 life

10 SEC 2 Section 7102 is added to the Business and Professions11 Code to read12 7102 (a) By January 12014 and annually thereafter every13 healing arts board described in this division shall issue a written14 report to the Department of Veterans Affairs and to the Legislature15 that clearly details the methods of evaluating the education16 training and experience obtained in military service and whether17 that education training and experience is applicable to the boards18 requirements for licensure This written report shall include but19 not be limited to quantitative information about the number of20 service members who have applied for and have used their military21 education training and experience to fulfill the boards22 requirements for licensure23 (b) (1) The requirement to submit a report to the Legislature24 under subdivision (a) shall be inoperative on January 1 201825 pursuant to Section 102315 of the Government Code26 (2) A report to the Legislature shall be submitted in compliance27 with Section 9795 of the Government Code

o

98

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      • AGENDA ITEM 4
      • DISCUSSION AND POSSIBLE ACTION REGARDING PENDING LEGISLATION
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                  • AB 171 Assembly Bill- Status
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                                                                                                                                                          • AB 783 Assembly Bill - Status
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                                                                                                                                                                                          • AB 958 Assembly Bill- Status
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                                                                                                                                                                                                                                                  • middot AB 1588 Assembly Bill- Status
                                                                                                                                                                                                                                                  • Page 1 of 1
                                                                                                                                                                                                                                                  • htlpllwwwleginfocagovpubll-12Ibillasmlab _1551-1600ab _1588 _ bill_ 20120601_statu 652012
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                                                                                                                                                                                                                                                                          • Page 1 of 1
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Page 67: DISCUSSION ANDPOSSIBLE ACTION REGARDING PENDING … · 2012-06-14  · Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of2010 (PublicLaw 111-152)

AB 1904 -2-

increase the amount of money deposited into a continuously appropriatedfund the bill would make an appropriation

Vote majority Appropriation yes Fiscal committee yesState-mandated local program no

The people of the State of California do enact asfollows

1 SECTION 1 Section 1155 is added to the Business and2 Professions Code to read3 1155 (a) A board within the department may issue a4 temporary license to an applicant who meets all of the following5 requirements6 (l) Submits an application in the manner prescribed by the7 board8 (2) Supplies evidence satisfactory to the board that the applicant9 is married to or in a domestic partnership or other legal union

10 with an active duty member of the Armed Forces of the United11 States who is assigned to a duty station in this state under official12 active duty military orders13 (3) Holds a current license in another state district or territory14 of the United States with the requirements that the board determines15 are substantially equivalent to those established under this code16 for that occupation17 (4) Has not committed an act in anyjurisdiction that would have18 constituted grounds for denial suspension or revocation of the19 license under this code at the time the act was committed20 (5) Has not been disciplined by a licensing entity in another21 jurisdiction and is not the subject of an unresolved complaint22 review procedure or disciplinary proceeding conducted by a23 licensing entity in another jurisdiction24 (6) Pays any fees required by the board Those fees shall be25 deposited in the applicable fund or account used by the board to26 administer its licensing program27 (7) Submits fingerprints and any applicable fingerprinting fee28 in the manner required of an applicant for a regular license29 (b) A board shall expedite the procedure for issuing a temporary30 license pursuant to this section31 (c) A temporary license issued under this section shall be valid32 for 180 days except that the license may at the discretion of the

99

-3- AB 1904

I board be extended for an additional180-day period on application2 of the license holder3 (d) A board may adopt regulations necessary to administer this4 section

o

99

AB 1932 Assembly Bill Status

MEASURE AUTHOR(S)TOPICHOUSE+LAST

CURRENT BILL STATUS

AB No 1932Gorell (Coauthor Cook)

United States armed services healing arts boardsLOCATION SENAMENDED DATE 04172012

TYPE OF BILL

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpubI11-12Ibillasmab_1901-1950ab_1932_bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

An act to add Section 7102 to the Business andProfessions Code relating to healing arts

-

AMENDED IN ASSEMBLY APRIL 172012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1932

Introduced by Assembly Member-Ceek Gorell(Coauthor Assembly Member Cook)

February 222012

An act to add Section 7102 to the Business and Professions Coderelating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1932 as amended euroook Gorell United States armed serviceshealing arts boards

Existing law provides for the licensure and regulation of varioushealing arts professions and vocations by boards within the Departmentof Consumer Affairs Existing law requires the rules and regulations ofthese healing arts boards to provide for methods of evaluating educationtraining and experience obtained in military service if such training isapplicable to the requirements of the particular profession or vocationregulated by the board Under existing law the Department of VeteransAffairs has specified powers and duties relating to various programsserving veterans

This bill would require by January 12014 and annually thereafterevery healing arts board to issue a specified written report to theDepartment of Veterans Affairs and the Legislature as specified thatclearly details the methods of evaluating the education training andexperience obtained in military service and whether that educationtraining and experience is applicable to the boards requirements forlicensure The bill would declare the intent of the Legislature in thisregard

98

AB 1932 -2-

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 710 of the Business and Professions Code2 was enacted in 1969 and because healing arts boards have not3 demonstrated significant compliance with that section it is the4 intent of the Legislature to establish an annual reporting5 requirement to compel these boards to provide information about6 the methods of evaluating education training and experience7 obtained in military service in order to meet the needs of the8 upcoming wave of armed service members returning to civilian9 life

10 SEC 2 Section 7102 is added to the Business and Professions11 Code to read12 7102 (a) By January 12014 and annually thereafter every13 healing arts board described in this division shall issue a written14 report to the Department of Veterans Affairs and to the Legislature15 that clearly details the methods of evaluating the education16 training and experience obtained in military service and whether17 that education training and experience is applicable to the boards18 requirements for licensure This written report shall include but19 not be limited to quantitative information about the number of20 service members who have applied for and have used their military21 education training and experience to fulfill the boards22 requirements for licensure23 (b) (1) The requirement to submit a report to the Legislature24 under subdivision (a) shall be inoperative on January 1 201825 pursuant to Section 102315 of the Government Code26 (2) A report to the Legislature shall be submitted in compliance27 with Section 9795 of the Government Code

o

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Page 68: DISCUSSION ANDPOSSIBLE ACTION REGARDING PENDING … · 2012-06-14  · Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of2010 (PublicLaw 111-152)

-3- AB 1904

I board be extended for an additional180-day period on application2 of the license holder3 (d) A board may adopt regulations necessary to administer this4 section

o

99

AB 1932 Assembly Bill Status

MEASURE AUTHOR(S)TOPICHOUSE+LAST

CURRENT BILL STATUS

AB No 1932Gorell (Coauthor Cook)

United States armed services healing arts boardsLOCATION SENAMENDED DATE 04172012

TYPE OF BILL

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpubI11-12Ibillasmab_1901-1950ab_1932_bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

An act to add Section 7102 to the Business andProfessions Code relating to healing arts

-

AMENDED IN ASSEMBLY APRIL 172012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1932

Introduced by Assembly Member-Ceek Gorell(Coauthor Assembly Member Cook)

February 222012

An act to add Section 7102 to the Business and Professions Coderelating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1932 as amended euroook Gorell United States armed serviceshealing arts boards

Existing law provides for the licensure and regulation of varioushealing arts professions and vocations by boards within the Departmentof Consumer Affairs Existing law requires the rules and regulations ofthese healing arts boards to provide for methods of evaluating educationtraining and experience obtained in military service if such training isapplicable to the requirements of the particular profession or vocationregulated by the board Under existing law the Department of VeteransAffairs has specified powers and duties relating to various programsserving veterans

This bill would require by January 12014 and annually thereafterevery healing arts board to issue a specified written report to theDepartment of Veterans Affairs and the Legislature as specified thatclearly details the methods of evaluating the education training andexperience obtained in military service and whether that educationtraining and experience is applicable to the boards requirements forlicensure The bill would declare the intent of the Legislature in thisregard

98

AB 1932 -2-

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 710 of the Business and Professions Code2 was enacted in 1969 and because healing arts boards have not3 demonstrated significant compliance with that section it is the4 intent of the Legislature to establish an annual reporting5 requirement to compel these boards to provide information about6 the methods of evaluating education training and experience7 obtained in military service in order to meet the needs of the8 upcoming wave of armed service members returning to civilian9 life

10 SEC 2 Section 7102 is added to the Business and Professions11 Code to read12 7102 (a) By January 12014 and annually thereafter every13 healing arts board described in this division shall issue a written14 report to the Department of Veterans Affairs and to the Legislature15 that clearly details the methods of evaluating the education16 training and experience obtained in military service and whether17 that education training and experience is applicable to the boards18 requirements for licensure This written report shall include but19 not be limited to quantitative information about the number of20 service members who have applied for and have used their military21 education training and experience to fulfill the boards22 requirements for licensure23 (b) (1) The requirement to submit a report to the Legislature24 under subdivision (a) shall be inoperative on January 1 201825 pursuant to Section 102315 of the Government Code26 (2) A report to the Legislature shall be submitted in compliance27 with Section 9795 of the Government Code

o

98

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                                                                                                                                                                                                                                                  • middot AB 1588 Assembly Bill- Status
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                                                                                                                                                                                                                                                  • htlpllwwwleginfocagovpubll-12Ibillasmlab _1551-1600ab _1588 _ bill_ 20120601_statu 652012
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                                                                                                                                                                                                                                                                          • httpwwwleginfocagovpubI11-12lbillasmab_1851-1900ab_1896_bill_20120517 _statu 652012
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                                                                                                                                                                                                                                                                                                                  • httpwwwleginfocagovpubI11-12Ibillasmab_1901-1950ab_1932_bill_20120604_statu 652012
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Page 69: DISCUSSION ANDPOSSIBLE ACTION REGARDING PENDING … · 2012-06-14  · Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of2010 (PublicLaw 111-152)

AB 1932 Assembly Bill Status

MEASURE AUTHOR(S)TOPICHOUSE+LAST

CURRENT BILL STATUS

AB No 1932Gorell (Coauthor Cook)

United States armed services healing arts boardsLOCATION SENAMENDED DATE 04172012

TYPE OF BILL

LASTLAST

COMMCOMMCOMMCOMM

TITLE

ActiveNon-UrgencyNon-AppropriationsMajority Vote RequiredNon-State-Mandated Local ProgramFiscalNon-Tax Levy

HIST ACT DATEHIST ACTION

assignmentLOCATION ASMACTION DATEACTIONVOTE SUMMARY

OS292012In Senate Read first time To Com on RLS for

Page 1 of 1

httpwwwleginfocagovpubI11-12Ibillasmab_1901-1950ab_1932_bill_20120604_statu 652012

APPROPRIATIONSOS252012

Do passAyes 17 Noes OOPASS

An act to add Section 7102 to the Business andProfessions Code relating to healing arts

-

AMENDED IN ASSEMBLY APRIL 172012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1932

Introduced by Assembly Member-Ceek Gorell(Coauthor Assembly Member Cook)

February 222012

An act to add Section 7102 to the Business and Professions Coderelating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1932 as amended euroook Gorell United States armed serviceshealing arts boards

Existing law provides for the licensure and regulation of varioushealing arts professions and vocations by boards within the Departmentof Consumer Affairs Existing law requires the rules and regulations ofthese healing arts boards to provide for methods of evaluating educationtraining and experience obtained in military service if such training isapplicable to the requirements of the particular profession or vocationregulated by the board Under existing law the Department of VeteransAffairs has specified powers and duties relating to various programsserving veterans

This bill would require by January 12014 and annually thereafterevery healing arts board to issue a specified written report to theDepartment of Veterans Affairs and the Legislature as specified thatclearly details the methods of evaluating the education training andexperience obtained in military service and whether that educationtraining and experience is applicable to the boards requirements forlicensure The bill would declare the intent of the Legislature in thisregard

98

AB 1932 -2-

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 710 of the Business and Professions Code2 was enacted in 1969 and because healing arts boards have not3 demonstrated significant compliance with that section it is the4 intent of the Legislature to establish an annual reporting5 requirement to compel these boards to provide information about6 the methods of evaluating education training and experience7 obtained in military service in order to meet the needs of the8 upcoming wave of armed service members returning to civilian9 life

10 SEC 2 Section 7102 is added to the Business and Professions11 Code to read12 7102 (a) By January 12014 and annually thereafter every13 healing arts board described in this division shall issue a written14 report to the Department of Veterans Affairs and to the Legislature15 that clearly details the methods of evaluating the education16 training and experience obtained in military service and whether17 that education training and experience is applicable to the boards18 requirements for licensure This written report shall include but19 not be limited to quantitative information about the number of20 service members who have applied for and have used their military21 education training and experience to fulfill the boards22 requirements for licensure23 (b) (1) The requirement to submit a report to the Legislature24 under subdivision (a) shall be inoperative on January 1 201825 pursuant to Section 102315 of the Government Code26 (2) A report to the Legislature shall be submitted in compliance27 with Section 9795 of the Government Code

o

98

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Page 70: DISCUSSION ANDPOSSIBLE ACTION REGARDING PENDING … · 2012-06-14  · Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of2010 (PublicLaw 111-152)

AMENDED IN ASSEMBLY APRIL 172012

CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION

ASSEMBLY BILL No 1932

Introduced by Assembly Member-Ceek Gorell(Coauthor Assembly Member Cook)

February 222012

An act to add Section 7102 to the Business and Professions Coderelating to healing arts

LEGISLATIVE COUNSELS DIGEST

AB 1932 as amended euroook Gorell United States armed serviceshealing arts boards

Existing law provides for the licensure and regulation of varioushealing arts professions and vocations by boards within the Departmentof Consumer Affairs Existing law requires the rules and regulations ofthese healing arts boards to provide for methods of evaluating educationtraining and experience obtained in military service if such training isapplicable to the requirements of the particular profession or vocationregulated by the board Under existing law the Department of VeteransAffairs has specified powers and duties relating to various programsserving veterans

This bill would require by January 12014 and annually thereafterevery healing arts board to issue a specified written report to theDepartment of Veterans Affairs and the Legislature as specified thatclearly details the methods of evaluating the education training andexperience obtained in military service and whether that educationtraining and experience is applicable to the boards requirements forlicensure The bill would declare the intent of the Legislature in thisregard

98

AB 1932 -2-

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 710 of the Business and Professions Code2 was enacted in 1969 and because healing arts boards have not3 demonstrated significant compliance with that section it is the4 intent of the Legislature to establish an annual reporting5 requirement to compel these boards to provide information about6 the methods of evaluating education training and experience7 obtained in military service in order to meet the needs of the8 upcoming wave of armed service members returning to civilian9 life

10 SEC 2 Section 7102 is added to the Business and Professions11 Code to read12 7102 (a) By January 12014 and annually thereafter every13 healing arts board described in this division shall issue a written14 report to the Department of Veterans Affairs and to the Legislature15 that clearly details the methods of evaluating the education16 training and experience obtained in military service and whether17 that education training and experience is applicable to the boards18 requirements for licensure This written report shall include but19 not be limited to quantitative information about the number of20 service members who have applied for and have used their military21 education training and experience to fulfill the boards22 requirements for licensure23 (b) (1) The requirement to submit a report to the Legislature24 under subdivision (a) shall be inoperative on January 1 201825 pursuant to Section 102315 of the Government Code26 (2) A report to the Legislature shall be submitted in compliance27 with Section 9795 of the Government Code

o

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Page 71: DISCUSSION ANDPOSSIBLE ACTION REGARDING PENDING … · 2012-06-14  · Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of2010 (PublicLaw 111-152)

AB 1932 -2-

Vote majority Appropriation no Fiscal committee yesState-mandated local program no

Thepeople of the State of California do enact asfollows

1 SECTION 1 Section 710 of the Business and Professions Code2 was enacted in 1969 and because healing arts boards have not3 demonstrated significant compliance with that section it is the4 intent of the Legislature to establish an annual reporting5 requirement to compel these boards to provide information about6 the methods of evaluating education training and experience7 obtained in military service in order to meet the needs of the8 upcoming wave of armed service members returning to civilian9 life

10 SEC 2 Section 7102 is added to the Business and Professions11 Code to read12 7102 (a) By January 12014 and annually thereafter every13 healing arts board described in this division shall issue a written14 report to the Department of Veterans Affairs and to the Legislature15 that clearly details the methods of evaluating the education16 training and experience obtained in military service and whether17 that education training and experience is applicable to the boards18 requirements for licensure This written report shall include but19 not be limited to quantitative information about the number of20 service members who have applied for and have used their military21 education training and experience to fulfill the boards22 requirements for licensure23 (b) (1) The requirement to submit a report to the Legislature24 under subdivision (a) shall be inoperative on January 1 201825 pursuant to Section 102315 of the Government Code26 (2) A report to the Legislature shall be submitted in compliance27 with Section 9795 of the Government Code

o

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                                                                                                  • AB 439 Assembly Bill - Status
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                                                                                                  • httpwwwleginfocagovpub11-12billasmab_0401-0450ab _439 _bill_20120509 _status 652012
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                                                                                                          • No 439
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                                                                                                                          • AB 518 Assembly Bill - Status
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                                                                                                                          • httpwwwleginfocagovpubll-12Ibillasmab_ 0501-0550ab_518_bill_2011 0615 _status 652012
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                                                                                                                                  • No 518
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                                                                                                                                                  • AB 608 Assembly Bill - Status
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                                                                                                                                                  • httpwww1eginfocagovpubII-12Ibillasmab_0601-0650ab _608_ bill_ 20120201_status 652012
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                                                                                                                                                          • AB 783 Assembly Bill - Status
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                                                                                                                                                          • httpwwwleginfocagovpub11-12billasmab_0751-0800ab_783_bill_20111115_status 652012
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                                                                                                                                                                  • No 783
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                                                                                                                                                                                  • AB 800 Assembly Bill - Status
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                                                                                                                                                                                  • httpwwwleginfocagovpubI11-12billasmlab_0751-0800ab _800_ bill_ 20120201_status 652012
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                                                                                                                                                                                          • AB 958 Assembly Bill- Status
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                                                                                                                                                                                          • httpwwwleginfocagovpub11-12lbillasmlab_0951-1 OOOab _958 _ bill_ 20120202_ status 652012
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                                                                                                                                                                                                  • AB 1003 Assembly Bill - Status
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                                                                                                                                                                                                  • httpwwwleginfocagovpubll-12Ibillasmlab_l00l-l 050ab _1003 _ bill_ 201 2020 I_statu 652012
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                                                                                                                                                                                                          • AB 1205 Assembly Bill- Status
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                                                                                                                                                                                                          • httpwwwleginfocagovpub11-12billasmab _120 1-1250ab _1205 _ bill_ 20 120201_statu 652012
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                                                                                                                                                                                                                  • AB 1435 Assembly Bill- Status
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                                                                                                                                                                                                                  • httpwww1eginfocagovpub11-12lbiIVasmab_140 1-1450ab _1435 _ bill~0120601_statu 652012
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                                                                                                                                                                                                                          • No 1435
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                                                                                                                                                                                                                                          • AB 1904 Assembly Bill - Status
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                                                                                                                                                                                                                                          • httpwwwleginfocagovpub11-12billasmab _1901-1950ab _1904_ bill_ 20120604_statu 652012
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                                                                                                                                                                                                                                                  • middot AB 1588 Assembly Bill- Status
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                                                                                                                                                                                                                                                  • htlpllwwwleginfocagovpubll-12Ibillasmlab _1551-1600ab _1588 _ bill_ 20120601_statu 652012
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                                                                                                                                                                                                                                                          • No 1588
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                                                                                                                                                                                                                                                                          • AB 1896 Assembly Bill - Status
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                                                                                                                                                                                                                                                                          • httpwwwleginfocagovpubI11-12lbillasmab_1851-1900ab_1896_bill_20120517 _statu 652012
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                                                                                                                                                                                                                                                                                  • No 1896
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                                                                                                                                                                                                                                                                                                  • No 1904
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                                                                                                                                                                                                                                                                                                                  • AB 1932 Assembly Bill - Status
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                                                                                                                                                                                                                                                                                                                  • httpwwwleginfocagovpubI11-12Ibillasmab_1901-1950ab_1932_bill_20120604_statu 652012
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                                                                                                                                                                                                                                                                                                                          • No 1932
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