Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income individuals receive health care services, under fee-for-service or managed care delivery systems. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing federal Medicaid law requires the state to publish an online directory of physicians and, at state option, other providers, as specified. Existing state law sets forth Medi-Cal managed care provisions relating to a Medi-Cal applicant or beneficiary being informed of the health care options available regarding methods of receiving Medi-Cal benefits, including through certain provider directories. The department has administratively created an online provider directory through an internet website known as Medi-Cal Managed Care Health Care Options. This bill would require, as part of the health care options information posted by the department, in the provider directory that lists accepted Medi-Cal managed care plans, through the Medi-Cal Managed Care Health Care Options internet website and any other applicable mechanisms, that the directory include skilled nursing facilities as one of the available searchable provider types. The bill would require that this provision be implemented in conjunction with implementation of the above-described provisions. The bill would require the department to annually update that provider directory to ensure that information is accurate and readily accessible to the public.
Existing law establishes various programs to address the needs of migrant agricultural families. Existing law also provides funding to enhance and maintain rural health services. This bill would establish the Virtual Health Hub for Rural Communities Pilot Program, and would require the State Department of Public Health to administer the program to expand access to health services for farmworkers in rural communities. The bill would require the department to distribute grants to partnerships of 2 separate community-based organizations, except as specified, to establish and deploy virtual health hubs, as defined, and to administer the program and to provide technical assistance to the grant recipients for any licensing or reporting requirements necessary to fulfill the program obligations. The bill would outline criteria for the grants and require the department to give priority to community-based organizations that meet specified criteria, including, but not limited to, a history of serving medically underserved communities. The bill would require the grant recipients, among other things, to deploy virtual health hubs in 2 rural communities based on farmworker population and access to health care and to submit specified information on the program to the department. Under the bill, the virtual health hubs would include, at a minimum, computers, Wi-Fi, cubicles for virtual visits, and exam rooms for telemedicine. The bill would create the Virtual Health Hub Fund and would condition implementation of these provisions on no General Fund moneys being used, there being a minimum of $2,000,000 in the fund, and the department posting a notice on its internet website. The bill would also require the department, 2 years after the notice is posted on the internet website, to submit a report to the Legislature and post to its internet website specified information provided by the grant recipients, including age ranges and type of health services accessed by the people served. The bill would repeal these provisions when specified conditions are met. The bill would make findings and declarations in support of its provisions.
Existing law prohibits a person from being tried or adjudged to punishment while that person is mentally incompetent. Existing law establishes a process by which a defendant's mental competency is evaluated. Existing law, in the case of a misdemeanor charge in which the defendant is found incompetent, requires the court to hold a hearing to determine if the defendant is eligible for diversion. Existing law requires, if the defendant is not eligible for diversion, the court to hold a hearing to determine whether the defendant will be referred to outpatient treatment, conservatorship, or the CARE program, or if the defendant's treatment plan will be modified. Existing law requires the court to dismiss the case if a defendant does not qualify for the above-described services. Existing law prohibits, except as specified, a person confined in a county jail from being administered any psychiatric medication without prior informed consent. Existing law authorizes a county department of mental health, or other designated county department, to involuntarily administer psychiatric medication to an inmate on a nonemergency basis only after the inmate is provided, among other things, a hearing before a superior court judge, a court-appointed commissioner or referee, or a court-appointed hearing officer. Existing law also provides for the involuntary administration of psychiatric medication to an inmate in an emergency situation. Existing law limits the duration during which an inmate can be involuntarily administered psychiatric medication on an emergency basis and requires that, except as specified, the inmate be provided the same due process protections they would be entitled to when psychiatric medication is involuntarily administered on a nonemergency basis. Existing law specifies that an emergency exists for these purposes when there is a sudden and marked change in an inmate's mental condition so that action is immediately necessary for the preservation of life or the prevention of serious bodily harm to the inmate or others and it is impractical, due to the seriousness of the emergency, to first obtain informed consent. This bill would, if an individual has been found incompetent to stand trial after having been charged with a misdemeanor, additionally authorize the administration of antipsychotic medication to the individual without their prior informed consent on an emergency basis when treatment is necessary to address the emergency condition and the medication is administered in the least restrictive manner, as specified. The bill would specify that a determination made pursuant to these provisions is valid for up to 72 hours if the medication is necessary to address the emergency condition, except as provided. The bill would require the court, prior to issuing an involuntary medication order after hearing, to find by clear and convincing evidence that, among other things, a psychiatrist or psychologist has determined that the individual has a serious mental health disorder that can be treated with antipsychotic medication, and there is no less intrusive alternative to the involuntary administration of antipsychotic medication, and involuntary administration of the medication is in the individual's best interest. The bill would require the court to review that order at least every 60 days and would require the psychiatrist to file an affidavit at that review, as specified. By expanding the crime of perjury, the bill would create a state-mandated local program. The bill would also enumerate certain rights for individuals, prior to the administration of involuntary medication pursuant to these provisions. The bill would make these provisions inoperative and would repeal them on January 1, 2030, subject to a later enacted statute. Existing law provides that if a person in charge of a county jail, city jail, or juvenile detention facility, or a judge, as specified, believes that a person in custody may have a mental health disorder, that person or judge may cause the prisoner to be taken to a facility for 72 hours of treatment and evaluation. The bill would prohibit certain factors, including the person's temporary access to food, clothing, and shelter, while transferred to a 72-hour facility for treatment and evaluation, from being a basis to conclude that the person is able to provide for their basic personal needs. 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 Nurse Anesthetists Act, provides for the certification and regulation of nurse anesthetists by the Board of Registered Nursing. Existing law requires the utilization of a nurse anesthetist to provide anesthesia services in an acute care facility to be approved by the acute care facility administration and the appropriate committee, as defined, and at the discretion of the physician, dentist, or podiatrist. Existing law makes a nurse anesthetist who is not an employee of an acute care facility subject to the bylaws of the facility. This bill would expressly provide that a nurse anesthetist is authorized to perform anesthesia services. The bill would define "anesthesia services" for purposes of the act to mean, among other things, preoperative, intraoperative, and postoperative care and pain management provided by a nurse anesthetist for patients receiving anesthesia pursuant to an order by a physician, dentist, or podiatrist for anesthesia services. Under the bill, an order by a physician, dentist, or podiatrist for anesthesia services for a specific patient would be deemed the authorization for the nurse anesthetist to select and implement the modality of anesthesia for the patient and to abort or modify the modality of anesthesia during the course of care. The bill would provide that the selection and administration of medication by a nurse anesthetist for preoperative, intraoperative, and postoperative care and for pain management purposes pursuant to an order by a physician, dentist, or podiatrist shall not constitute a prescription as that term is defined in a specified provision of federal law. The bill would state that the provisions of the Nurse Anesthetists Act are declaratory of existing law and of an advisory opinion, including specified case law.
Existing law provides for the licensure and regulation by the State Department of Public Health of health facilities, including general acute care hospitals, as defined. Existing law requires a health facility to allow a patient's domestic partner, the children of the patient's domestic partner, and the domestic partner of the patient's parent or child to visit unless no visitors are allowed, the facility reasonably determines that the presence of a particular visitor would endanger the health or safety of a patient, a member of the health facility staff, or other visitor to the health facility, or would significantly disrupt the operations of a facility, or the patient has indicated to the health facility staff that the patient does not want this person to visit. A violation of this provision is a misdemeanor. This bill would require a general acute care hospital to allow a patient with physical, intellectual, or developmental disabilities, a patient with cognitive impairment, including dementia, and a patient with another disability, as specified, to have a family or friend caregiver with them as needed, including outside standard visiting hours, unless specified conditions are met, including, but not limited to, that the hospital reasonably determines that the presence of a particular visitor would endanger the health or safety of the visitor, a patient, a member of the staff, or other visitor to the hospital, or would significantly disrupt the operations of the hospital. The bill would not prohibit a hospital from otherwise establishing reasonable restrictions upon visitation. The bill would authorize the hospital to impose legitimate health and safety requirements on visitors, as specified. The bill would specify that its provisions do not prohibit restrictions to patient visitation policies implemented during a state of emergency declared by the Governor, a health emergency declared by the State Public Health Officer, or a local health emergency declared by a local health officer, as specified. The bill would specify that its provisions do not create any new civil or criminal liability, including, but not limited to, liability for any illness, infection, or injury experienced by a patient or visitor on the part of a hospital that complies with its requirements. By expanding the scope of 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.
(1) Existing law, the Mental Health Services Act (MHSA) , an initiative measure enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, established the Mental Health Services Oversight and Accountability Commission to oversee the implementation of the MHSA. Existing law specifies the composition of the 16-member commission, including the Attorney General or their designee, the Superintendent of Public Instruction or their designee, specified members of the Legislature, and 12 members appointed by the Governor, as prescribed. Existing law, the Behavioral Health Services Act (BHSA) , an initiative measure enacted by the voters as Proposition 1 at the March 5, 2024, statewide primary election, recast the MHSA by, among other things, renaming the commission to the Behavioral Health Services Oversight and Accountability Commission and changing its composition and duties. This bill would make technical changes to reflect the correct name of the commission. (2) Existing law provides for the licensure and regulation of health facilities by the State Department of Public Health. Existing law requires a health facility to develop, implement, and comply with a patient safety plan to improve the health and safety of patients and to reduce preventable patient safety events. Existing law requires a patient safety plan to contain specified elements, including, but not limited to, a reporting system for patient safety events that allows anyone involved to make a report of a patient safety event to the health facility and a process for a team of facility staff to conduct analyses related to root causes of patient safety events. Existing law, commencing January 1, 2026, and biannually thereafter, requires a health facility to submit a patient safety plan to the department. A violation of these provisions is a crime. This bill would instead require a health facility to submit a patient safety plan to the department biennially. The bill would also make technical corrections to those provisions. (3) Existing law establishes the State Department of Public Health and sets forth its powers and duties to license and administer health facilities, as defined, including skilled nursing facilities and intermediate care facilities. Existing law requires the department to prepare and maintain a list of approved training programs for nurse assistant certification, which are required to include a precertification training program consisting of at least 60 classroom hours of training on basic nursing skills, patient safety and rights, the social and psychological problems of patients, and elder abuse recognition and reporting and at least 100 hours of supervised and on-the-job training clinical practice. Existing law requires at least 2 hours of the 60 hours of classroom training and at least 4 hours of the 100 hours of the supervised clinical training to address the special needs of persons with developmental and mental disorders, including intellectual disability, Alzheimer's disease, cerebral palsy, epilepsy, dementia, Parkinson's disease, and mental illness. A violation of these provisions is a crime. This bill would require that at least 2 of the 60 hours of classroom training address the special needs of persons with Alzheimer's disease and related dementias. By changing the definition of a crime, this bill would impose a state-mandated local program. (4) Existing law requires a hospital, as defined, to maintain an understandable written policy regarding discount payments for financially qualified patients as well as a written charity care policy, and requires a hospital to negotiate the terms of a discount payment plan with an eligible patient, as specified. Existing law requires each hospital to provide patients with written notice, provided at the time of service, about the availability of the hospital's discount payment and charity care policies, and other additional information. This bill would authorize, with the exception of emergency room visits, a hospital to provide the written notice in either hard copy or, if the patient has previously consented to receive electronic communications, using the patient's preferred electronic notification method. The bill would require the written notice related to an emergency room visit to be provided in hard copy. The bill would require, if the notice is provided electronically, the notice to be sent separately from any other electronic communications and to prominently indicate in the subject line that the notice is related to the hospital's discount and charity care policies. (5) Existing law authorizes the State Department of Public Health to develop and administer a syndromic surveillance program and, subject to an appropriation, to either designate an existing system or to create a new system that would be required, at a minimum, to provide public health practitioners access to an electronic health system to rapidly collect, evaluate, share, and store syndromic surveillance data, as specified. This bill would make technical corrections to related provisions. (6) Existing law provides for the regulation of health insurers by the Department of Insurance. Existing law requires a large group disability insurance policy and a small group disability insurance policy, except as specified, issued, amended, or renewed on or after January 1, 2026, to provide coverage for the diagnosis and treatment of infertility and fertility services, as specified. This bill would instead require a large group health insurance policy and a small group health insurance policy, except as specified, to offer the above-described services. (7) Existing law requires an insurer to provide an insured with an annual written or electronic notice regarding the benefits of a behavioral health and wellness screening, as defined, for children and adolescents 8 to 18 years of age. This bill would make technical changes to those provisions. (8) Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law requires, commencing January 1, 2022, that Community-Based Adult Services (CBAS) continue to be available as a capitated benefit for a qualified Medi-Cal beneficiary under a comprehensive risk contract with an applicable Medi-Cal managed care plan. This bill would make a technical correction to this provision. (9) Existing law, subject to any necessary federal approvals, sets forth various Medi-Cal provisions relating to complex rehabilitation technology (CRT) , which is a form of durable medical equipment, including, but not limited to, complex rehabilitation manual and power wheelchairs. Existing law requires a CRT provider to comply with certain standards, including requiring a qualified rehabilitation technology professional to be physically present for the evaluation. This bill would make a technical correction to this provision. (10) 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. Existing law requires a manufacturer of baby food, as defined, for sale or distribution in this state to test a representative sample of each production aggregate of the manufacturer's final baby food product, at a proficient laboratory meeting certain criteria, for toxic elements, as specified. Existing law defines baby food as food packaged in jars, pouches, tubs, and boxes represented or purported to be specifically for babies and young children less than 2 years of age and excludes infant formula. This bill would clarify that baby food does not include dietary supplements, as defined. (11) 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.
(1) Existing law, the Massage Therapy Act, provides for the certification and regulation of massage professionals by the California Massage Therapy Council, which is a private nonprofit organization governed by a board of directors composed of 13 members. Existing law requires one member to be appointed by the office of the Chancellor of the California Community Colleges, and authorizes the California Association of Private Postsecondary Schools to appoint one member. Existing law requires one member to be a certified massage therapist or a certified massage practitioner who is a California resident who has practiced massage for at least 3 years before appointment and is selected by a specified professional society, association, or other entity the membership of which is composed of massage therapist professionals, and that chooses to participate in the council. This bill would remove the above-described appointment of one member by the office of the Chancellor of the California Community Colleges, and would limit the appointment authority of the California Association of Private Postsecondary Schools by requiring that their appointed member represent an approved massage school. The bill would add an additional member who is a certified massage therapist or a certified massage practitioner who is selected by a specified professional society, association, or other entity, as described above, and would make conforming changes related to that provision. Existing law authorizes the council to take any reasonable actions necessary to carry out the responsibilities and duties set forth in the Massage Therapy Act, including hiring staff. This bill would prohibit the total annual salary for any individual employed or contracted by the council from exceeding the annual salary provided to certain state officers during that fiscal year. Existing law requires the council to issue a certificate to practice massage therapy to an applicant who meets specified qualifications, including that the applicant has successfully completed at least 500 hours in the curricula in massage and related subjects, as specified, from approved schools. Existing law requires the council to determine whether the school from which an applicant has obtained their education meets the requirement of the Massage Therapy Act. If the council has any reason to question whether or not the applicant received that education from the school or schools that the applicant is claiming, existing law requires the council to investigate the facts to determine that the applicant received the education before issuing the certificate. This bill would authorize, instead of require, the council to conduct that investigation regarding the applicant's education, as described above. The bill would require an applicant who meets all of the other requirements for certification and who received the instruction described above at an approved school that was not under formal investigation at the time at which the applicant began instruction but was subsequently placed under investigation by the council to, as a condition of certification, have the opportunity for an interview or educational hearing, as specified, provided that their application for certification was submitted to the council no more than 90 days from the date of a final decision by the council to revoke the school's approval. The bill would require the council to issue a certificate to any applicant who successfully passes the interview or hearing, provided that the school at which the applicant completed the instruction was a school approved by the council within 90 days from the date the applicant submitted their application for certification and was considered to be in good standing, as specified, at the time the applicant passed the interview or hearing. Existing law, beginning January 1, 2027, also requires an applicant to pass a massage and bodywork competency assessment examination that meets generally recognized psychometric principles and standards and that is approved by the council, as specified. The bill would remove the requirement that an applicant pass a massage and bodywork competency assessment examination as described above, and would require an approved massage school, upon each student's completion of curriculum at the massage school, to provide notice to the student that the massage and bodywork competency assessment examination is not a requirement for certification but may be required for licensure or certification as a massage therapist in any other state. Existing law requires a certificate holder to notify the council within 30 days of any changes in the certificate holder's home address or the address of any massage establishment or other location where the certificate holder provides massage for compensation, except as specified. This bill would also require a certificate holder to notify the council within 30 days of any changes in the certificate holder's legal name. Existing law makes it a violation of the Massage Therapy Act for an applicant or certificate holder to commit certain acts, and makes the commission of those acts grounds for the council to deny an application for a certificate or to impose discipline on a certificate holder. Those acts include being convicted of any felony, misdemeanor, infraction, or municipal code violation, providing massage of female breasts without the written consent of the person receiving the massage and a referral from a licensed California health care provider, and dressing in certain attire or manners while engaged in the practice of massage for compensation, or while visible to clients in a massage establishment as specified. This bill would specify that the council may take action for a conviction, as described above, when the time for appeal has elapsed, the judgment of conviction has been affirmed on appeal, or an order granting probation is made suspending the imposition of sentence. The bill would define a "conviction" for these purposes to mean a judgment following a plea or verdict of guilty, a plea of nolo contendere, or a finding of guilt. The bill would also revise and recast the above-described acts that are considered a violation of the Massage Therapy Act. In this regard, the bill would remove the requirement of a referral from a licensed California health care provider to provide massage of female breasts. The bill would remove the list of prohibited attire or manners of dressing while engaged in the practice of massage for compensation, or while visible to clients in a massage establishment, except that the bill would maintain the prohibition on dressing in a manner that is deemed by the council to constitute unprofessional attire based on the custom and practice of the profession in California. The bill would also include among those specified acts that are considered a violation the determination of being a threat to public safety based on mental health reasons by a medical or mental health professional, or the rendering of a finding of not guilty in a criminal proceeding by reason of insanity. Existing law authorizes a board to deny a license on the grounds that the applicant has been convicted of a crime or was subject to formal discipline within the preceding 7 years from the date of application based on professional misconduct that is substantially related to the qualifications, functions, or duties of the business or profession for which the present application is made, as specified and subject to certain exceptions. This bill would require the denial of an initial certificate to practice massage therapy on the grounds that the applicant has been convicted of a crime or has been subject to formal discipline as provided under the act to be consistent with the above-described provisions authorizing a board to deny a license on certain grounds. Existing law requires the council to follow specified procedures for deciding upon and imposing the denial of a certificate or the discipline of a certificate holder under the Massage Therapy Act. Existing law requires, with certain exceptions, the council to provide an opportunity for the applicant or certificate holder to be heard, orally or in writing, not less than 5 days before the effective date of the denial or discipline, by a person or body authorized to decide whether the proposed denial or discipline should go into effect. This bill would require the person or body authorized to make that decision to be qualified. The bill would authorize an applicant or certificate holder to request an appeal of a final decision of the council to deny a certificate or discipline a certificate holder by submitting a request in writing within 30 days of the date of the final decision. In this regard, the bill would require a request to appeal a final decision to be considered by a committee of the board of directors within 120 days of the final decision, as specified. If a request to appeal is granted, the bill would require the appeal of the final decision to be heard at the next board of directors meeting, as specified, that is at least 120 days from the date that the request to appeal was granted, except as specified. The bill would require the council to notify the applicant or certificate holder of its right to request an appeal pursuant to these provisions at the time of the final decision. Existing law requires the council to develop policies, procedures, rules, or bylaws governing the requirements and processes for approving, denying approval of, imposing corrective action on, or unapproving schools from which applicants obtain their education, as specified. Existing law requires the council, on or before one year from the date the council receives an initial application for approval as a school, to approve the school, propose to deny approval of the school, or notify the school that corrective action is required, and authorizes the council to deny the application of a school that fails to adequately rectify the deficiencies. Existing law authorizes a school to appeal the council's final decision to deny approval of the school, and requires the appeal to be heard at the next board of directors meeting, as specified. This bill would require the council to notify the school of its right to appeal pursuant to these provisions at the time of the final decision. Existing law states the intent of the Legislature that, among other things, the Massage Therapy Act enables consumers and local government to more easily identify certified massage professionals and provide for consistent statewide certification and oversight of massage professionals. Existing law repeals the Massage Therapy Act on January 1, 2026. This bill would also state the intent of the Legislature that, among other things, both state and local regulation of massage therapy reflect the recognized status of certified massage professionals as health care providers. The bill would instead repeal the act on January 1, 2030. Existing law, the Bagley-Keene Open Meeting Act, requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to attend any meeting of a state body. The act imposes various requirements on a state body holding a meeting subject to the act, including, among other things, requiring the state body to provide notice of its meeting to any person who requests that notice in writing. The Massage Therapy Act requires meetings of the council to be subject to the rules of the Bagley-Keene Open Meeting Act, and authorizes the board to adopt additional policies and procedures that provide greater transparency to certificate holders and the public than required by the act. This bill would, except as otherwise provided in the Massage Therapy Act, require meetings of the council to be governed by either Rosenberg's Rules of Order or Robert's Rules of Order, Newly Revised. The bill would require the council to provide a meaningful opportunity for public participation in the adoption, amendment, or repeal of any policies, procedures, rules, or bylaws that substantially impact the rights, benefits, privileges, duties, obligations, or responsibilities of individuals or entities subject to certification or approval by the council, including, among other things, actions by the council to increase fees. In this regard, the bill would require the council, at a minimum, to publish the complete text of any policies, procedures, rules, or bylaws proposed for adoption, amendment, or repeal along with a summary of the changes being considered for a period of at least 45 calendar days before the adoption, amendment, or repeal, and to accept written public comments during the 45-day period and allow further public comment during a meeting held for these purposes. Existing law, the California Public Records Act, requires state and local agencies to make their records available for public inspection, unless an exemption from disclosure applies. This bill would require the council, beginning July 1, 2027, and to the extent practicable, to make the records of the council available for public inspection in a manner consistent with the California Public Records Act, as specified, and would authorize the council to charge for the direct costs of responding to requests for records, as specified. (2) Existing law establishes the California Private Postsecondary Education Act of 2009, which provides for student protections and regulatory oversight of private postsecondary educational institutions, as defined, in the state. The act is enforced by the Bureau for Private Postsecondary Education within the Department of Consumer Affairs. Existing law requires an institution with an approval to operate under the act that knows that it is being investigated by an oversight entity other than the bureau to report that investigation, as defined, to the bureau in writing within 30 days of the institution's first knowledge of the investigation, and requires an institution with an approval to operate under the act that is the subject of a judgment by, a regulatory action by, increased oversight or monitoring by, or a settlement with, any oversight entity other than the bureau to report it to the bureau within 30 days. Existing law defines "oversight entity" for these purposes to include, among other entities, a governmental agency. This bill would also include any private entity authorized pursuant to any provision of the Business and Professions Code to approve schools or educational programs for purposes of a professional certification as an "oversight entity" for the above-described purposes.
Existing law, the Pharmacy Law, establishes in the Department of Consumer Affairs the California State Board of Pharmacy to license and regulate the practice of pharmacy. Exiting law requires a pharmacist, when furnishing self-administered hormonal contraceptives, to follow specified standardized procedures or protocols developed and approved by both the board and the Medical Board of California in consultation with the American Congress of Obstetricians and Gynecologists, the California Pharmacists Association, and other appropriate entities. Existing law requires those standardized procedures or protocols to require that the patient use a self-screening tool that will identify related patient risk factors and that require the pharmacist to refer the patient for appropriate followup care, as specified. Existing law requires the pharmacist to provide the recipient of the drug with a standardized factsheet that includes the indications and contraindications for use of the drug, the appropriate method for using the drug, the need for medical followup, and other appropriate information. Existing law authorizes a pharmacist furnishing an FDA-approved, self-administered hormonal contraceptive pursuant to the above-described protocols to furnish, at the patient's request, up to a 12-month supply at one time. This bill would limit the application of those requirements to self-administered hormonal contraceptives that are prescription-only, and would authorize a pharmacist to furnish over-the-counter contraceptives without following those standardized procedures or protocols. The bill would additionally authorize a pharmacist to furnish up to a 12-month supply at one time of over-the-counter contraceptives at the patient's request. The bill would make related conforming changes. This bill would declare that it is to take effect immediately as an urgency statute.
(1) Existing law, the Medical Practice Act, establishes the Medical Board of California and sets forth its powers and duties relating to the licensure and regulation of physicians and surgeons. Existing law establishes the Osteopathic Medical Board of California and sets forth its powers and duties relating to the licensure and regulation of osteopathic physicians and surgeons consistent with the Osteopathic Act, as specified. This bill would require those boards to require each applicant to furnish a full set of fingerprints for purposes of conducting criminal history record checks. The bill would require the board to submit those fingerprint images and related information to the Department of Justice (DOJ) and would require the DOJ to charge a fee for those costs, as prescribed. Existing law requires medical school graduates, within 180 days after beginning a board-approved postgraduate program, to obtain a physician's and surgeon's postgraduate training license. Existing law requires each application to include either fingerprint cards or a copy of a completed Live Scan form from the applicant in order to establish the identity of the applicant and whether the applicant has a criminal conviction, in accordance with specified provisions. This bill would delete the above provisions on using that information in order to establish the applicant's identity and criminal conviction records. The bill would instead require those boards to submit to the DOJ fingerprint images and related information required by the DOJ of all applicants to determine whether the applicant has a criminal conviction record, as specified. The bill would require the DOJ to provide a state- and federal-level response, as described. Existing law requires each application for a medical license to contain specified information including either fingerprint cards or a copy of a completed Live Scan form from the applicant in order to establish the applicant's identity and criminal conviction records. This bill would delete the above provisions on using that information in order to establish the applicant's identity and criminal conviction records. The bill would instead require those boards to submit to the DOJ fingerprint images and related information required by the DOJ of all applicants to determine whether the applicant has a criminal conviction record, as specified. The bill would require the DOJ to provide a state- and federal-level response, as described. Existing law establishes a process for physicians who are not citizens but who meet certain postgraduate requirements to participate in professional activities of approved medical schools or academic medical centers, subject to completing an application process and submitting the requisite fees established by the board. This bill would require the board to submit to the DOJ fingerprint images and related information to determine if an applicant has a criminal conviction record, as specified. The bill would require the DOJ to provide a state- and federal-level response, as described. Existing law establishes a process for a person who does not immediately qualify for a physician's and surgeon's certificate and who is offered a full-time faculty position at a medical school or academic medical center to be granted a certificate to engage in the practice of medicine. Existing law requires an applicant to submit specified information to the board to qualify for the certificate. This bill would require the board to submit to the DOJ fingerprint images and related information to determine whether an applicant has a criminal conviction record, as specified. The bill would require the DOJ to provide a specified response, as described. Existing law establishes the Licensed Physicians from Mexico Program under which the Medical Board of California is required to issue a 3-year physician and surgeon's license to each licensed physician from Mexico who, among other requirements, passes a board review course with a score equivalent to that registered by United States applicants when passing a board review course for the United States certification examination in each of the physician's specialty areas. This bill would delete that requirement. The bill would also require the board to submit to the DOJ fingerprint images and related information to determine whether an applicant has a criminal conviction record, as specified. The bill would require the DOJ to provide a specified state- and federal-level response, as described. Existing law authorizes a person who meets specified eligibility requirements to apply for a special faculty permit to practice medicine only within a medical school or certain affiliated institution. Existing law requires the application for a special faculty permit to be on a form prescribed by the board and to include specified information regarding the applicant's qualifications. This bill would require the board to submit to the DOJ fingerprint images and related information to determine whether an applicant has a criminal conviction record, as specified. The bill would require the DOJ to provide a specified state- and federal-level response, as described. (2) Existing law, the Licensed Midwifery Practice Act of 1993, provides for the licensure and regulation of midwives by the Medical Board of California in accordance with specified procedures. This bill would require the board to submit to the DOJ fingerprint images and related information to determine whether an applicant has a criminal conviction record, as specified. The bill would require the DOJ to provide a specified state and federal response, as described. (3) Existing law, the Psychology Licensing Law, provides for the licensure and regulation of psychologists by the Board of Psychology. Existing law also establishes a process whereby a person who is registered with the board as a psychological associate may perform psychological functions in preparation for licensure as a psychologist. Existing law further establishes procedures for graduates and students who have completed certain psychoanalysis training to engage in psychoanalysis as an adjunct to teaching, training, or research, subject to meeting certain requirements. Existing law authorizes a person who is registered with the board as a psychological testing technician to administer and score standardized objective psychological and related tests, upon meeting specified application requirements. This bill would require the board to require the above-described applicants for licensure or registration under that law to undergo a fingerprint-based state and national criminal history background check. The bill would require the board to submit to the DOJ fingerprint images and related information for those individuals and would require the department to provide a state- and federal-level response, as described. (4) Existing law requires the Medical Board of California to promulgate regulations regarding qualifications for the registration of individuals as certified polysomnographic technologists, polysomnographic technicians, and polysomnographic trainees, in accordance with certain procedures. Under existing law, an individual seeking registration from the board under these provisions is subject to a state- and federal-level criminal offender record information search conducted through the DOJ, as specified. This bill would revise and recast the above-described criminal information requirements. The bill would require the board to submit to the DOJ fingerprint images and related information to determine whether an applicant has a criminal conviction record, as specified. The bill would also require the department to provide a state- and federal-level response, as described. (5) Existing law establishes the Board of Behavioral Sciences to license and regulate specified professionals, including marriage and family therapists and educational psychologists, among others. Existing law requires the board to keep an accurate record of all applicants for licensure and all individuals to whom it has issued a license. This bill would require the board to require an applicant for a marriage and family therapist licensure, registration as an associate marriage and family therapist, and other specified behavioral sciences professionals to undergo a fingerprint-based state and national criminal history background check. The bill would require the board to submit to the DOJ fingerprint images and related information to determine whether an applicant has a criminal conviction record, as specified. The bill would require the DOJ to provide a state- and federal-level response, as described. (6) Existing law, the Collateral Recovery Act, provides for the licensure and regulation of repossession agencies by the Bureau of Security and Investigative Services. This bill would require the bureau to require each applicant as a repossession agency licensee, qualified certificate holder, or registrant, as defined, to undergo a fingerprint-based state and national criminal history background check. The bill would require the bureau to submit to the DOJ fingerprint images and related information on applicants. The bill would require the DOJ to provide a state- and federal-level response, as prescribed. (7) Existing law, the Private Investigator Act, provides for the licensure and regulation of private investigators by the Bureau of Security and Investigative Services. This bill would require the bureau to require each applicant for a private investigator license and qualified manager, as defined, to undergo a fingerprint-based state and national criminal history background check. The bill would require the bureau to submit to the DOJ fingerprint images and related information on applicants. The bill would require the DOJ to provide a state- and federal-level response, as described. (8) Existing law, the Household Movers Act, provides for the licensure and regulation of household movers, including corporations and persons, as defined, by the Division of Household Movers established within the Bureau of Household Goods and Services. Existing law establishes a process for each applicant under that act to submit to the DOJ fingerprint images and related information as a prerequisite to the issuance of a permit to operate as a household mover. This bill would revise and recast those provisions. The bill would require the bureau to require each applicant for a permit as a household mover, as defined, to undergo a fingerprint-based state and national criminal history background check. The bill would require the bureau to submit to the DOJ fingerprint images and related information for the purposes of obtaining information as to state and federal convictions and arrests, as prescribed. (9) Existing law requires a fingerprint-based criminal history information check that is required pursuant to any statute to be requested from the DOJ. When a government agency or other entity requests such a criminal history check for purposes of employment, licensing, or certification, existing law requires the DOJ to disseminate specified information in response to the request, including information regarding convictions and arrests for which the applicant is presently awaiting trial. Existing law establishes the State Department of Education, under the administration of the Superintendent of Public Instruction, and assigns to it numerous duties relating to the governance and financing of the public elementary and secondary schools of this state. Existing law establishes the California School for the Deaf, Northern California, the California School for the Deaf, Southern California, and the California School for the Blind, known as the state special schools, under the administration of the department, and 3 related diagnostic centers under the administration of the Superintendent, as provided. This bill would authorize the department to require employees, prospective employees, volunteers, contractors, and subcontractors of the department, the state special schools, or the diagnostic centers to undergo a fingerprint-based state and national criminal history background check, as provided. (10) Existing law establishes the California State University, under the administration of the Trustees of the California State University, as one of the segments of public postsecondary education in the state. This bill would authorize the California State University to require employees, prospective employees, volunteers, contractors to undergo a fingerprint-based state and national criminal history background check, as provided. (11) The California Constitution provides that the University of California constitutes a public trust administered by the Regents of the University of California, a corporation in the form of a board, with full powers of organization and government, subject to legislative control only for specified purposes, including, among others, as may be necessary to ensure the security of its funds. This bill would expressly authorize the University of California to require background checks, to be completed by the DOJ as specified, during the final stages of the recruitment process for prospective staff employees, contractors, and volunteers. (12) Existing law requires the sheriff or other specified agency to furnish a classifiable set of fingerprints to the DOJ and to the Federal Bureau of Investigation (FBI) for every peace officer employed, except as provided. This bill would require a law enforcement agency, as defined, to require peace officers and prospective peace officers to undergo a criminal history background check and to submit fingerprint images and related information to the DOJ, as specified. The bill would require the DOJ to provide a state- or federal-level response, as described. By increasing the duties of local law enforcement agencies, this bill would impose a state-mandated local program. (13) Under the Yacht and Ship Brokers Act, the Division of Boating and Waterways in the Department of Parks and Recreation licenses the activities of brokers and salespersons engaged in the buying and selling of yachts and ships, as specified. The act authorizes the division to deny an application or suspend or revoke the license of a yacht broker or yacht salesperson who, within 4 years immediately preceding, has committed any of certain specified acts, including, among others, having been convicted of a felony or any crime involving moral turpitude or withholding information from the department that they at any time have been convicted of a felony or any crime involving moral turpitude. This bill would require the division to require an applicant for a yacht and ship broker or salesperson license to undergo a fingerprint-based state and national criminal history background check, as provided. (14) Existing law requires the DOJ to maintain state summary criminal history information, as defined, and to furnish this information to various state and local government officers, officials, and other prescribed entities, if needed in the course of their duties. Existing law makes it a crime for a person authorized by law to receive state summary criminal history information to knowingly furnish that information to a person who is not authorized to receive it. This bill would require the DOJ to inform the Joint Legislative Budget Committee, the Senate Standing Committee on Public Safety, and the Assembly Public Safety Committee, as specified, within 30 days of determining that a legislative enactment is likely to be needed, for an entity that is authorized to receive criminal history information, to reestablish or retain proper authorization for an applicant population. The bill would additionally prohibit the department from disseminating criminal history information, as specified. By expanding the scope of an existing crime, this bill would impose a state-mandated local program. This bill would require a criminal justice agency to submit fingerprint images and related information for a specified individual to the department if the individual is subject to a state or national criminal history background check, as specified. By expanding the scope of the crime of unlawful disclosure of state summary criminal history information, this bill would impose a state-mandated local program. This bill would require certain government entities, including, among others, the California State Summer School for the Arts and the Department of Fish and Wildlife, to submit fingerprint images and related information for various persons, including employees or prospective employees, to the DOJ, if the employees are subject to a state and national criminal history background check, as specified. The bill would also require a law enforcement agency, if it performs a background check, to submit fingerprint images and related information for a retiring or retired peace officer seeking an endorsement for the officer to carry a concealed and loaded firearm. (15) Existing law requires the DOJ to provide subsequent state or federal arrest or disposition notification to the State Department of Social Services, the Medical Board of California, the Osteopathic Medical Board of California, and other authorized entities to assist in, among other things, fulfilling employment, licensing, or certification duties. Existing law requires an entity, other than a law enforcement agency, as defined, to enter into a contract with the DOJ in order to receive notification of subsequent state or federal arrests or dispositions for licensing, employment, or certification purposes. Commencing January 1, 2028, this bill would no longer exempt law enforcement agencies from the contract requirement. Commencing January 1, 2028, the bill would also require authorized entities for each volunteer, as specified, to verify no less than every 6 months that the person is still a volunteer with the entity. 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. (17) This bill would, for the 2025–26 fiscal year, appropriate the sum of $10,000 to the DOJ for purposes of administering the above-described fingerprint requirements. (18) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
Existing law, the Pharmacy Law, establishes, in the Department of Consumer Affairs, the California State Board of Pharmacy to license and regulate the practice of pharmacy. Existing law authorizes a physician and surgeon, nurse practitioner, registered nurse, and specified other health care practitioners acting within the scope of their practice to use a self-screening tool to identify patient risk factors for the use of self-administered hormonal contraceptives by a patient and, after examination, to prescribe, furnish, or dispense self-administered hormonal contraceptives to the patient. This bill would, instead, make those provisions applicable to contraceptives. Existing law authorizes a pharmacist to furnish self-administered hormonal contraceptives in accordance with standardized procedures or protocols developed and approved by both the California State Board of Pharmacy and the Medical Board of California, in consultation with specified other entities. This bill would authorize a pharmacist to also furnish federal Food and Drug Administration-approved nonhormonal contraceptives in accordance with those standardized procedures or protocols. The bill would require a pharmacist, for each federal Food and Drug Administration-approved nonhormonal contraceptives initiated, to provide the recipient with a standardized fact sheet, as specified. Existing law prohibits a pharmacist, pharmacist's employer, or pharmacist's agent from directly charging a patient a separate consultation fee for emergency contraception drug therapy services and requires the pharmacist to disclose the total retail price of the emergency contraception drug therapy. Existing law makes those provisions inoperative for dedicated emergency contraception drugs if these drugs are reclassified as over-the-counter products by the federal Food and Drug Administration. This bill would delete those provisions. Existing law requires a pharmacist to dispense, at a patient's request, up to a 12-month supply of an FDA-approved, self-administered hormonal contraceptive. This bill would, instead, make those provisions applicable to contraceptives. This bill would make related conforming changes.
