Existing law, the Health Care Decisions Law, provides for the creation, form, and revocation of advance health care directives, and authorizes an adult having capacity to give an individual health care instruction. Under existing law, the advance health care directive of a patient in a skilled nursing facility is not effective unless a patient advocate or ombudsman signs the advance directive as a witness and declares that they are serving as a witness pursuant to this requirement. Existing law authorizes a witness who is a patient advocate or ombudsman to rely on the representations of the administrators or staff of the skilled nursing facility, or of family members, as convincing evidence of the identity of the patient, as specified. This bill would delete a patient advocate from the above-described witness duties, thus requiring that an ombudsman witness the advance health care directive of a patient in a skilled nursing facility.
Existing law provides for the licensure and regulation of drug testing laboratories and adult alcoholism or drug abuse recovery or treatment facilities and provides for the certification and regulation of adult alcoholism or drug abuse recovery or treatment programs by the State Department of Health Care Services and authorizes the department to enforce those provisions. Existing law authorizes a facility described above to offer transportation services to an individual who is seeking recovery or treatment services only if specified conditions are met, including, among other things, that any air transportation provided to the individual includes a return ticket that may be used by the individual upon discharge and that a return ticket not used by an individual upon discharge is made available to the individual upon request for a period of one year following the individual's discharge. This bill would require a laboratory, facility, or program described above that provides air transportation to provide a ticket for round-trip transportation. The bill would additionally require, as conditions on the provision of transportation services, that the cost of the recovery or treatment services are prohibitive for the individual without assistance from the laboratory, facility, or program, and would require the laboratory, facility, or program to obtain written acknowledgment by the individual that the transportation is not tied to insurance benefits or program participation, to document the purpose and cost of the transportation, to compile information related to the provision of transportation, and to annually publish the compiled information on its internet website. The bill would require a laboratory, facility, or program to retain the information for a minimum of 5 years and to provide that information to the department upon request. Existing law prohibits facilities and programs described above and related persons from giving or receiving remuneration or anything of value for the referral of a person who is seeking alcohol or other drug recovery or treatment services. This bill would additionally apply the prohibition described above to the inducement of a person seeking services and would clarify that the prohibition prohibits specified practices by facilities or programs, including, among others, influencing or inducing an individual to enter or stay in a treatment or recovery program and recruiting individuals for treatment, unless otherwise specified.
Existing law, the Sherman Food, Drug, and Cosmetic Law, provides for the regulation of various subjects relating to the manufacturing, processing, labeling, advertising, and sale of food, drugs, and cosmetics, under the administration and enforcement of the State Department of Public Health. A violation of these provisions is punishable as a misdemeanor. This bill would require a manufacturer of infant formula for sale or distribution in this state to test its final infant formula product for arsenic, cadmium, lead, and mercury at least once per month. The bill also would, commencing on January 1, 2028, require a brand owner, as defined, to provide information to consumers on its internet website or package label regarding specific information about its infant formula that includes, among other things, certain test results for arsenic, cadmium, lead, and mercury. The bill would specifically prohibit a person from selling in the state or manufacturing, delivering, holding, or offering for sale in the state any infant formula that does not comply with these requirements. The bill would require the manufacturer and brand owner to provide test results to the department upon request, as specified. By expanding the requirements relating to infant formula under the Sherman Food, Drug, and Cosmetic Law, the violation of which would be a crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care, and makes a willful violation of the act a crime. Existing law provides for the regulation of health insurers by the Department of Insurance. Existing law requires a pharmacy benefit manager contracting with a health care service plan or health insurer to secure a license from the Department of Managed Health Care on or after January 1, 2027, or the date on which the department has established the licensure process, whichever is later. This bill would require the department to maintain a public internet website displaying specified information for each licensed pharmacy benefit manager, including, among other things, the legal name, license number, and license expiration date.
Existing law establishes various healing arts boards within the Department of Consumer Affairs, including the Medical Board of California and the Dental Board of California, that license and regulate various healing arts licensees. Existing law, including the Medical Practice Act and the Dental Practice Act, deem certain violations by licensees to be unprofessional conduct subject to discipline by the licensee's licensing board. Existing law requires a physician and surgeon or dentist to refund to a patient any amount paid by the patient for services rendered that was subsequently paid to the physician and surgeon or dentist by a third-party payor and that constitutes a duplicate payment, as prescribed. Existing law requires that the above-described duplicate payment refund be paid, if requested by the patient, either within 30 days of that request or, if the duplicate payment has not been received, within 30 days of receipt of the duplicate payment by the physician and surgeon or dentist. Existing law requires, if the patient does not request a refund, a physician and surgeon or dentist who knows, or should have known, of the receipt of the duplicate payment to notify the patient, as prescribed, and to refund the payment within 30 days of that notification, except as specified. Existing law makes a violation of the above requirements unprofessional conduct subject to disciplinary proceedings as described above. This bill would reduce the duration for a physician and surgeon or dentist to refund a duplicate payment following patient request or patient notification to 21 days.
Existing law requires, among other things related to ensuring the safety of companion chatbots, an operator to prevent a companion chatbot on its companion chatbot platform from engaging with users unless the operator maintains a protocol for preventing the production of suicidal ideation, suicide, or self-harm content to the user, as specified. This bill, the Preventing AI User Self Endangerment (PAUSE) Act, would require an operator to adopt and make publicly available a policy governing its protocol for identifying and responding to credible crisis expressions and, for each companion chatbot an operator makes available to users in this state, implement a system for monitoring and detecting credible crisis expressions in user conversations with companion chatbots. The bill would require, if the monitoring system detects a credible crisis expression, the operator to take certain actions, including commence a crisis interruption pause, as specified. The bill would define "credible crisis expression" to mean a statement by a user of a companion chatbot that reasonably indicates, as determined through contextual analysis rather than keyword detection alone, intent to harm the user or others. This bill would require an operator of a companion chatbot to document certain information related to credible crisis expressions and crisis interruption pauses and, beginning January 1, 2028, annually report that information to the Office of Suicide Prevention. The bill would provide for its enforcement, as specified.
This bill designates May 2026 as Behavioral Health Awareness Month in California. It directs state agencies to acknowledge this month, likely through proclamations or public awareness campaigns. The measure does not change funding, laws, or services but serves to highlight the importance of mental and behavioral health.
Existing law, the Medical Practice Act, provides for the licensure and regulation of physicians and surgeons and licensed midwives by the Medical Board of California. A violation of the act is a crime. Existing law authorizes the board to establish a Physician and Surgeon Health and Wellness Program to support a physician and surgeon in their rehabilitation from substance abuse to ensure the physician and surgeon remains able to practice medicine in a manner that will not endanger the public health and safety and that will maintain the integrity of the medical profession. Existing law requires the board to contract with a third party for the program's administration in accordance with specified provisions of the Public Contract Code. Existing law provides that participation in the program shall not be a defense to any disciplinary action that may be taken by the board. Existing law requires the program to comply with the Uniform Standards Regarding Substance-Abusing Healing Arts Licensees adopted by the Substance Abuse Coordination Committee of the Department of Consumer Affairs. Existing law establishes the Physician and Surgeon Health and Wellness Program Account in the Contingent Fund of the Medical Board of California for the support of the program. This bill would revise and recast those provisions and would instead authorize the board to establish a Physician Health and Wellness Program to support, treat, monitor, and rehabilitate physicians and surgeons and other professionals licensed by the board with impairing physical and mental health conditions that may impact their ability to practice their profession in a reasonably safe, competent, and professional manner. The bill would require the administering entity to be a nonprofit entity and would require the contract with the administering entity to include procedures on specified topics. The bill would exempt the program from the Uniform Standards Regarding Substance-Abusing Healing Arts Licensees. The bill would exempt program records relating to current or former program participants from disclosure under the California Public Records Act, except as specified. The bill would authorize the board to establish advisory committees to assist in carrying out the duties of the administering entity, and would establish duties and responsibilities authorized to be performed by a committee. The bill would rename the Physician and Surgeon Health and Wellness Program Account as the Physician Health and Wellness Program Account, and would authorize the board to seek and use grant funds and gifts from public or private sources to pay any cost associated with the program. The bill would require the board to annually report to the Legislature and make available to the public the amount and source of funds. The bill would require a licensee to report a license to the administering entity or the board if they believe the licensee is impaired. By expanding the scope of a crime under the Medical Practice Act, the bill would impose a state-mandated local program. The bill would make a person who reports information or takes action in connection with the bill's provisions immune from civil liability for reporting information or taking the action, except as specified. The bill would make the program inapplicable to the Osteopathic Medical Board of California. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law, the Medical Practice Act, establishes the Medical Board of California within the Department of Consumer Affairs and sets forth its powers and duties relating to the licensure and regulation of the practice of medicine by physicians and surgeons. Existing law generally prohibits the practice of medicine without a physician's and surgeon's certificate issued by the board. Existing law authorizes a health care provider to deliver health care via telehealth to a patient pursuant to specified protocols and conditions. Existing law defines "telehealth" as the delivery of health care services and public health via information and communication technologies to facilitate the diagnosis, consultation, treatment, education, care management, and self-management of a patient's health care, and that telehealth includes synchronous interactions and asynchronous store and forward transfers. Existing law authorizes an eligible out-of-state physician and surgeon, as defined, to deliver health care via telehealth to an eligible patient. Existing law defines "eligible patient" as a person who, among other requirements, has a life-threatening disease or condition, as defined, and has not been accepted to participate in the clinical trial nearest to their home for the immediately life-threatening disease or condition, as specified, or in the medical judgment of a physician and surgeon, as defined, it is unreasonable for the patient to participate in that clinical trial due to the patient's current condition and state of disease. This bill would also include within the definition of "eligible patient" a patient whose immediately life-threatening disease or condition is in remission and the patient is continuing care for that condition with the previously established eligible out-of-state physician and surgeon, and would provide that those patients are not subject to the clinical trial requirement, as specified.
Existing law, the Pharmacy Law, provides for the licensure and regulation of pharmacies by the California State Board of Pharmacy, and makes a violation of the Pharmacy Law a misdemeanor. This bill would prohibit a pharmacy from engaging in the retail sale of cigarettes or tobacco products. Because a violation of this provision would be a crime, the bill would impose a state-mandated local program. Existing law, the Cigarette and Tobacco Products Licensing Act of 2023, requires a retailer to hold a license from the California Department of Tax and Fee Administration to engage in the sale of cigarettes or tobacco products for each retail location. Existing law requires the department to issue a license to a retailer upon receipt of a completed application and payment of required fees, unless certain circumstances apply. This bill would prohibit the department from issuing a license to a retailer if the retailer is a pharmacy or the application is for a retail location that contains a pharmacy. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
