(1) Existing law, the Nursing Practice Act, establishes the Board of Registered Nursing to license and regulate the practice of nursing. Existing law requires an applicant for licensure as a registered nurse to comply with specified education and other requirements. This bill would also require an applicant for licensure as a registered nurse to undergo a fingerprint-based state and national criminal history background check, would require the board to submit to the Department of Justice (department) fingerprint images and related information for applicants, and would require the department to provide a state- and federal-level response, as specified. (2) Existing law requires the department to maintain state summary criminal history information, as defined, and to furnish this information to various state and local government officers and officials, as well as other prescribed entities, including, among others, a city, county, city and county, or district, if needed in the course of their duties. Existing law authorizes the Attorney General to furnish state summary criminal history information and, if authorized, federal-level criminal history information, upon a showing of a compelling need, to specified entities, including, among others, peace officers of the United States, other states, or territories or possessions of the United States. Existing law makes it a misdemeanor to furnish criminal history information to a person who is not authorized by law to receive it. This bill would instead make those provisions applicable to a city, county, city and county, or governmental district. The bill would also authorize the Attorney General to provide that information to peace officers of tribes in other states under the same conditions. The bill would prescribe a procedure by which a city, county, city and county, or governmental district submit fingerprint images and related information to the department. The bill would make a release of information by the department under these provisions subject to specified federal regulations. By expanding access to criminal history information, this bill would expand a crime and therefore impose a state-mandated local program. (3) Existing law requires employees, prospective employees, volunteers, contractors, and subcontractors of a criminal justice agency to undergo a fingerprint-based state and national criminal history background check. Existing law requires the department to provide a state- and federal-level response, as specified. This bill would make that provision, with regard to a volunteer, contractor, or subcontractor, only applicable to a volunteer, contractor, or subcontractor who either provides services for the administration of criminal justice or has direct or remote access to the criminal justice agency's systems or unescorted access to a criminal justice agency's facilities. (4) Existing law requires employees of entities that have contracts with a private school or heritage school and provide services, including schoolsite administrative or grounds, landscape maintenance, and instruction, to provide their fingerprints to the department, as specified. Existing law requires employees of an entity that contracts with a local educational agency to complete a criminal background check, as specified. Under existing law, a county, city, city and county, or special district is required to have specified prospective employees or volunteers complete a background check that inquires as to whether the applicant has been convicted of certain offenses. Existing law also requires the submission of fingerprints to the department for certifying a massage professional, licensing a professional fiduciary, registering a tax preparer, confirming the appointment of a humane officer, working for a bank or its affiliates, and licensing an escrow agent, as specified. Existing law requires the department to ascertain whether the individual whose fingerprints were submitted has been arrested or convicted of a crime and notify the employer if the person has been convicted of specified felonies. Existing law authorizes the department to notify specified entities of pending criminal proceedings. This bill would instead require those background checks to be submitted pursuant to the provisions above and would make conforming changes. (5) Existing law authorizes a human resource agency, as defined, or a nonprofit corporation or other organization specified by the Attorney General that employs or uses the services of volunteers in positions in which the volunteer or employee has supervisory or disciplinary power over a child or children to request from the department records of all convictions or any arrest pending adjudication involving specified offenses of a person who applies for a license, employment, or volunteer position in which they would have supervisory or disciplinary power over a minor or any person under their care. This bill would revise and recast those provisions to instead allow a qualified entity, as defined, to require a covered individual, as defined, to undergo a fingerprint-based state and national criminal history background check and would authorize a qualified entity to get a subsequent arrest notification pursuant to the provisions above. By expanding access to criminal history information, this bill would expand a crime and therefore impose a state-mandated local program. The bill would make any statutory requirement for an entity to conduct a federal criminal history information check for licensing, certification, or employment purposes inapplicable until the Federal Bureau of Investigation authorizes the entity to conduct a federal criminal history information check, as specified. If the Federal Bureau of Investigation authorizes an entity to conduct a federal criminal history information check, the bill would require the entity to require an applicant, licensee, certified individual, or employee who did not previously undergo a federal criminal history information check to resubmit their fingerprints for that purpose. (6) Existing law requires an application used to determine the eligibility to own a firearm to include 2 copies of the applicant's fingerprints. This bill would instead require an applicant for a certificate of eligibility and a dangerous weapons license or permit issued by the department, including, among other weapons, an assault weapon or short-barreled shotgun, to submit to the department fingerprint images and related information for purposes of conducting a state and national criminal history background check, as specified, and for the purpose of determining if the applicant is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm. The bill would require the department to retain the fingerprint impressions for subsequent arrest notification, as specified. (7) Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, 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 the State Department of Health Care Services to screen all providers and designate each provider as "limited," "moderate," or "high" categorical risk. For all providers designated as a "high" categorical risk, existing law requires the State Department of Health Care Services, or its designee, to conduct a criminal background check and require specified individuals to submit a set of fingerprints within 30 days of the State Department of Health Care Services's request in a manner specified by the State Department of Health Care Services. This bill would instead add the State Department of Public Health in place of the State Department of Health Care Services's authority to have a designee for these purposes. The bill would require, as an alternative to the State Department of Health Care Services, the State Department of Public Health to prescribe the manner by which a person submits their fingerprints. (8) Existing law requires the State Department of Health Care Services to require that specified applicants, providers, and individuals submit fingerprint images and related information for purposes of a state and federal criminal background check and prescribes a procedure for the State Department of Health Care Services and the department to follow for these purposes. This bill would also add the State Department of Public Health to this requirement and procedure as an alternative to the State Department of Health Care Services and would instead require the information be submitted for specified individuals who are subject to a state and national criminal history background checks. The bill would define "applicant" and "provider" for these purposes. (9) Existing law requires the State Department of Social Services to license and regulate community care facilities, residential care facilities for persons with chronic, life-threatening illness, residential care facilities for the elderly, and childcare centers. Existing law requires the department to obtain a criminal record for all applicants for licenses for these facilities and services and specified other employees and officers of these facilities, including, among others, adults responsible for the administration or direct supervision of staff, a staff person, volunteer, or employee who has contact with clients, and, if the applicant is a firm, partnership, association, or corporation, the chief executive officer or other person serving in a like capacity. This bill would expand the list of individuals to include, among others, an administrator, supervisor, manager, or director of the facility, or an individual acting in those roles, an adult responsible for the operation of the facility, and a person with a 10% or greater financial interest in the applicant. The bill would clarify that a staff person, volunteer, or employee who has direct contact with clients includes adults and minors. The bill would also include limited liability companies in the list of applicant types to which these provisions apply. By expanding access to criminal history information, this bill would expand a crime and therefore impose a state-mandated local program. (10) Existing law authorizes specified governmental entities to require employees, prospective employees, volunteers, contractors, and subcontractors to undergo fingerprint-based state and national criminal history background checks. Existing law establishes the Business and Consumer Services Agency, the California Housing and Homelessness Agency, and the Housing Development and Finance Committee. Existing law sets forth the general responsibilities and roles of the California Housing Finance Agency, the California Housing and Homelessness Agency, the Department of Housing and Community Development, and the Housing Development and Finance Committee in carrying out state housing policies and programs. This bill would authorize the Housing Development and Finance Committee to require an employee, prospective employee, volunteer, contractor, or subcontractor to undergo a fingerprint-based state and national criminal history background check, as specified. The bill would require the department to provide a state- and federal-level response. By expanding access to criminal history information, this bill would expand a crime and therefore impose a state-mandated local program. (11) Existing law, the Yacht and Ship Brokers Act, prohibits a person from, among other things, acting as a broker or salesperson for the purchase or sale of a yacht without a license. The act authorizes the issuance of a temporary license to a salesperson under specified conditions. The act requires an applicant for a broker or salesperson license to undergo a fingerprint-based state and national criminal history background check. This bill would authorize a temporary license to be issued to a broker. The bill would also authorize the Deputy Director of Boating and Waterways to extend the term of a temporary license or issue a new temporary license to provide an applicant for a broker or salesperson license time to comply with the criminal history background requirement, as specified. (12) This bill would incorporate additional changes to Section 44237 of the Education Code proposed by SB 685 to be operative only if this bill and SB 685 are enacted and this bill is enacted last. (13) This bill would incorporate additional changes to Section 11105 of the Penal Code proposed by AB 2001 to be operative only if this bill and AB 2001 are enacted and this bill is enacted last. (14) 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. (15) This bill would declare that it is to take effect immediately as an urgency statute.
Existing law, the Nevaeh Youth Sports Safety Act, requires a youth sports organization to ensure, by January 1, 2028, that its athletes have access to an automated external defibrillator (AED) during any official practice or match. Existing law requires a youth sports organization, commencing January 1, 2028, to ensure that its AED is maintained and tested according to specified operation and maintenance guidelines. This bill would require, commencing January 1, 2028, a public or private local facility with a permanent sports infrastructure, as defined, to ensure that the youth sports organization has access to an AED procured and maintained by the facility during an official practice or match permitted by the facility, except as specified with respect to local educational agencies. The bill would require the youth sports organization, commencing January 1, 2028, to ensure there is access to an operational AED if an AED is not available at a public or private local facility where an official practice or match is taking place. The bill would additionally require a public or private local facility, commencing January 1, 2028, to ensure that its AED is maintained and tested according to specified operation and maintenance guidelines. The bill would require a public or private local facility to work in collaboration with the youth sports organization to ensure that any AED that is installed be accessible to youth sports organizations at the time of official practices or matches permitted by the facility. The bill would require a public or private local facility that has installed an AED to work with the youth sports organization to identify means to share the financial costs associated with ensuring the AED is maintained and accessible at the facility, or to identify means to share the financial costs associated with installing an AED at the facility.
Existing law requires a health facility, clinic, physician's office, or office of a group practice that uses generative artificial intelligence to generate written or verbal patient communications pertaining to patient clinical information, as defined, to ensure that those communications include both (1) a disclaimer that indicates to the patient that a communication was generated by generative artificial intelligence, as specified, and (2) clear instructions describing how a patient may contact a human health care provider, employee, or other appropriate person. Existing law exempts from this requirement a communication read and reviewed by a human licensed or certified health care provider. This bill would require developers and deployers, as defined, of an artificial intelligence system that produces a prediction, classification, recommendation, evaluation, or analysis that aids decisionmaking related to diagnosis or treatment, known as a clinical decision support system, to make reasonable efforts to identify clinical decision support systems developed for use by deployers that are known or have a reasonably foreseeable risk for biased impacts resulting from deployment of the system in health programs or activities. The bill would require developers to make a statement describing the intended uses and known or reasonably foreseeable risks associated with the use of the clinical decision support system and certain documentation available to deployers, as specified. The bill would require developers to make reasonable efforts to mitigate known or reasonably foreseeable risk for biased impacts resulting from use of the clinical decision support system in health programs or activities. The bill would require deployers to regularly monitor clinical decision support systems and take reasonable and proportionate steps to mitigate known or reasonably foreseeable risk of biased impacts. The bill would specify that a person, partnership, state or local governmental agency, or corporation may be both a developer and a deployer.
Existing law states that it is the intent of the Legislature to maintain an ongoing program of birth defects monitoring statewide, and requires the State Public Health Officer to maintain a system for the collection of information related to birth defects, as specified. Existing law requires the officer to require general acute care hospitals and physician-owned or physician-operated clinics that regularly provide services for the diagnosis or treatment of birth defects, genetic counseling, or prenatal diagnostic services to make available to the department the medical records of children suspected or diagnosed as having birth defects, as specified. Existing law authorizes the department to enter into a contract for the establishment and implementation of the birth defects monitoring program. This bill would state that it is additionally the intent of the Legislature to authorize local health jurisdictions to initiate and maintain programs to monitor birth conditions, as defined, that are present during the 12-month period after an individual's birth in their local health jurisdictions. The bill would authorize a local health officer to maintain a system for the collection of specified information within their local health jurisdiction related to birth conditions. The bill would authorize a local health officer to issue a written order to providers and laboratories, as specified, in addition to the facilities listed above, within their local health jurisdiction to either make available or to report to the local health department information related to birth conditions, as specified. Existing law limits access to confidential information related to birth defects to authorized program staff and persons with a valid scientific interest, as specified, and prohibits that information from being admissible, disclosed, discoverable, or compelled to be produced in any civil, criminal, administrative, or other proceeding, as specified. Existing law provides that, except as otherwise provided by statute, all relevant evidence is admissible. The California Constitution provides for the Right to Truth-In-Evidence, which requires a 23 vote of the Legislature to exclude any relevant evidence from any criminal proceeding, as specified. This bill would expand the scope of the confidentiality provisions described above to include additional conditions, thereby prohibiting the use of additional information in criminal proceedings. Because that prohibition would affect the admissibility of relevant evidence in criminal proceedings, the bill would require a 23 vote of the Legislature.
Existing law, the Lanterman Developmental Disabilities Services Act, requires the State Department of Developmental Services (department) to contract with regional centers to provide services and supports to persons with developmental disabilities and their families. Under existing law, a person believed to have a developmental disability, and a person believed to have a high risk of parenting an infant with a developmental disability, is eligible for initial intake and assessment services in the regional centers. Existing law requires that initial intake take place within 15 days following a request for assistance. Existing law, commencing January 1, 2025, requires a regional center, by the end of that 15-day period, to either determine if the individual is eligible for regional center services or determine if additional assessment is needed. This bill would, for initial intakes involving a child welfare involved child or youth, as defined, require regional centers to facilitate a case conference within 15 working days following the initial request for assistance, as specified. The bill would prohibit the case conference requirement from resulting in any delay to the child welfare involved child's or youth's right to a timely intake, assessment, or eligibility determination. The bill would require the department and the State Department of Social Services to issue joint guidance to operationalize the case conference requirement by March 31, 2027. The bill would prohibit a determination not to provide additional assessment from being solely based on the age of the person when they received a diagnosis of a qualifying condition, as specified. The bill, commencing January 31, 2028, would require the department to annually post on its internet website specified data relating to initial intakes, including, among other data, the number of initial intakes, the timeliness of assessment and eligibility determinations, and the percentage of assessments resulting in eligibility by program.
Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services, 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 the department to establish a subacute care program in health facilities, as specified, to be available to patients in health facilities who meet subacute care criteria. Existing law requires that medical necessity for pediatric subacute care be substantiated by specified criteria. Existing regulations require a treatment authorization request for each admission to a subacute unit. If a provider substantiates that a patient meets any of the specified criteria for pediatric subacute care, this bill would prohibit a Medi-Cal managed care plan from imposing, or requiring the patient to meet, any additional criteria. If a standard form is developed by the department for purposes of authorization and reauthorization of pediatric or adult subacute care services, the bill would require a Medi-Cal managed care plan to deem as sufficient and accept from a provider that standard form and would prohibit a plan from creating, or requiring a provider to submit, a separate form created by the plan or any other entity. The bill would prohibit a Medi-Cal managed care plan from requiring a subsequent treatment authorization request upon a patient's return from a bed hold for acute hospitalization. The bill would authorize the department to impose sanctions on Medi-Cal managed care plans for violations of these provisions, as specified.
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 the department to streamline and simplify existing Medi-Cal program procedures to improve access to lactation supports and breast pumps among Medi-Cal beneficiaries. This bill would require the department to, by July 1, 2027, issue updated Medi-Cal guidance that clarifies Medi-Cal coverage for lactation services. The bill would also require the guidance to, among other things, clarify Medi-Cal coverage policies for a continuum of lactation services, including health education related to lactation, basic lactation support, and clinical lactation consultation. The bill would require the department to seek stakeholder input on draft guidance prior to issuing the guidance. The bill would make the implementation of these provisions contingent to the extent that federal financial participation is available and any necessary federal approvals are obtained.
Existing law establishes the California Community Colleges, the California State University, the University of California, independent institutions of higher education, and private postsecondary educational institutions as the segments of postsecondary education in the state. This bill, which would be known as Sarah Shulze's Law, would require each campus of the California State University, each community college of a community college district, and each private postsecondary educational institution and independent institution of higher education that receives state financial assistance, and would request each campus of the University of California, to require a person who serves as a coach or trainer in an athletic program, as a condition of the person's employment or volunteer service, to complete a student mental health training on or before July 1, 2028, and every 2 years thereafter. The bill would require the training, at a minimum, to cover suicide prevention education and would authorize the training to be provided by an entity that offers free, online, or other types of training courses. By imposing new duties on community college districts, the 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law requires that, as a condition of parole, a prisoner who has a severe mental health disorder be treated by the State Department of State Hospitals if the prisoner meets certain requirements, including, among others, that the person in charge of treating the prisoner and a practicing psychiatrist or psychologist from the State Department of State Hospitals have evaluated the prisoner and that a chief psychiatrist of the Department of Corrections and Rehabilitation certify to the Board of Parole Hearings that by reason of the prisoner's severe mental health disorder, the prisoner represents a substantial danger of physical harm to others. Existing law allows a prisoner to request a hearing before the Board of Parole Hearings for the purpose of proving that they meet the criteria to be treated by the State Department of State Hospitals. Existing law authorizes a prisoner who disagrees with the determination of the Board of Parole Hearings to file a petition in court in the county in which they are incarcerated or are being treated for a hearing on whether they met the criteria. This bill would require a psychiatrist or psychologist, when determining whether a prisoner represents a substantial danger of physical harm to others, to consider, among other things, the prisoner's history of violence that was related to their severe mental health disorder. The bill would also authorize the court, upon stipulation of the petitioner, prosecuting attorney, and defense counsel in the county of commitment to state prison, to conduct a hearing in the county of commitment to state prison.
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 by, and funded pursuant to, federal Medicaid program provisions. Existing law sets forth a schedule of benefits covered under the Medi-Cal program, including acupuncture, but only to the extent that federal matching funds are provided for acupuncture. Under this bill, acupuncture would instead be a covered Medi-Cal benefit subject to utilization controls and the availability of federal financial participation. The bill would, if federal financial participation is not available for coverage of acupuncture services, make acupuncture a covered benefit subject to an appropriation and utilization controls. This bill would incorporate additional changes to Section 14132 of the Welfare and Institutions Code proposed by AB 1949 and AB 350 to be operative only if this bill and either or both AB 1949 and AB 350 are enacted and this bill is enacted last.
