Healthcare

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 authorizes a court to grant pretrial diversion to a defendant suffering from a mental disorder, on an accusatory pleading alleging the commission of a misdemeanor or felony offense, in order to allow the defendant to undergo mental health treatment. Existing law provides that a defendant is eligible for diversion if they have been diagnosed with certain mental disorders and the court finds that the mental disorder was a significant factor in the commission of the charged offense, unless there is clear and convincing evidence that the disorder was not a motivating, causal, or contributing factor to the defendant's involvement in the alleged offense. Existing law prohibits defendants charged with specified offenses, including murder, from being placed in this diversion program. This bill would require that the diagnosis or rediagnosis with a mental disorder be within 5 years before the alleged offense. Existing law makes a defendant suitable for this diversion program if, among other criteria, a qualified mental health expert opines that the defendant's symptoms of the mental disorder that caused, contributed to, or motivated the criminal behavior, would respond to mental health treatment and the defendant will not pose an unreasonable risk of danger to public safety if treated in the community, as specified. The bill would revise that standard and instead require the court to find that the defendant will not pose a substantial and undue risk to the physical safety of another person if treated in the community. The bill would require the mental health expert's opinion to include that the proposed mental health diversion plan is clinically appropriate to address the symptoms of the defendant's mental disorder, as specified. The bill would require the court to state the reasons for denial on the record.

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 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.

This bill designates May 2026 as Lyme Disease Awareness Month to highlight the importance of recognizing and preventing the disease. It does not change laws or allocate funding but serves as a formal proclamation to encourage public education and awareness during that time. The measure directly affects state officials and the general public by setting aside a specific month for focus on Lyme disease prevention.

This bill designates the week of May 11 to May 15, 2026, as Student Mental Health Awareness Week throughout California. The measure requires state agencies and institutions to acknowledge this specific timeframe to highlight the importance of student mental well-being. By officially recognizing these dates, the legislation aims to encourage public focus on mental health resources for students during that period. It does not allocate funding or mandate specific programs, but rather serves to raise awareness through formal designation.

This bill designates May 2026 as Maternal Mental Health Awareness Month to highlight the importance of mental health support for mothers. It is a non-binding resolution that does not change laws or allocate funding but serves to raise public awareness through official proclamation. The measure affects the state by encouraging community focus on this topic during the designated month without imposing new requirements on individuals or organizations.