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 establishes various healing arts boards within the Department of Consumer Affairs, including the Medical Board of California and the Dental Board of California, that license and regulate various healing arts licensees. Existing law, including the Medical Practice Act and the Dental Practice Act, deem certain violations by licensees to be unprofessional conduct subject to discipline by the licensee's licensing board. Existing law requires a physician and surgeon or dentist to refund to a patient any amount paid by the patient for services rendered that was subsequently paid to the physician and surgeon or dentist by a third-party payor and that constitutes a duplicate payment, as prescribed. Existing law requires that the above-described duplicate payment refund be paid, if requested by the patient, either within 30 days of that request or, if the duplicate payment has not been received, within 30 days of receipt of the duplicate payment by the physician and surgeon or dentist. Existing law requires, if the patient does not request a refund, a physician and surgeon or dentist who knows, or should have known, of the receipt of the duplicate payment to notify the patient, as prescribed, and to refund the payment within 30 days of that notification, except as specified. Existing law makes a violation of the above requirements unprofessional conduct subject to disciplinary proceedings as described above. This bill would reduce the duration for a physician and surgeon or dentist to refund a duplicate payment following patient request or patient notification to 21 days.
Existing law 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.
This bill designates June 2026 as Congenital Cytomegalovirus Awareness Month to highlight information about the virus. It directly affects public health officials, healthcare providers, and community organizations who may organize events or distribute educational materials during this time. The primary mechanism is a formal declaration that establishes the specific month for this awareness campaign. The measure does not alter laws or funding but serves to recognize the importance of the issue through official state recognition.
This bill designates May 2026 as Behavioral Health Awareness Month in California. It directs state agencies to acknowledge this month, likely through proclamations or public awareness campaigns. The measure does not change funding, laws, or services but serves to highlight the importance of mental and behavioral health.
Existing law, the Medical Practice Act, provides for the licensure and regulation of physicians and surgeons and licensed midwives by the Medical Board of California. A violation of the act is a crime. Existing law authorizes the board to establish a Physician and Surgeon Health and Wellness Program to support a physician and surgeon in their rehabilitation from substance abuse to ensure the physician and surgeon remains able to practice medicine in a manner that will not endanger the public health and safety and that will maintain the integrity of the medical profession. Existing law requires the board to contract with a third party for the program's administration in accordance with specified provisions of the Public Contract Code. Existing law provides that participation in the program shall not be a defense to any disciplinary action that may be taken by the board. Existing law requires the program to comply with the Uniform Standards Regarding Substance-Abusing Healing Arts Licensees adopted by the Substance Abuse Coordination Committee of the Department of Consumer Affairs. Existing law establishes the Physician and Surgeon Health and Wellness Program Account in the Contingent Fund of the Medical Board of California for the support of the program. This bill would revise and recast those provisions and would instead authorize the board to establish a Physician Health and Wellness Program to support, treat, monitor, and rehabilitate physicians and surgeons and other professionals licensed by the board with impairing physical and mental health conditions that may impact their ability to practice their profession in a reasonably safe, competent, and professional manner. The bill would require the administering entity to be a nonprofit entity and would require the contract with the administering entity to include procedures on specified topics. The bill would exempt the program from the Uniform Standards Regarding Substance-Abusing Healing Arts Licensees. The bill would exempt program records relating to current or former program participants from disclosure under the California Public Records Act, except as specified. The bill would authorize the board to establish advisory committees to assist in carrying out the duties of the administering entity, and would establish duties and responsibilities authorized to be performed by a committee. The bill would rename the Physician and Surgeon Health and Wellness Program Account as the Physician Health and Wellness Program Account, and would authorize the board to seek and use grant funds and gifts from public or private sources to pay any cost associated with the program. The bill would require the board to annually report to the Legislature and make available to the public the amount and source of funds. The bill would require a licensee to report a license to the administering entity or the board if they believe the licensee is impaired. By expanding the scope of a crime under the Medical Practice Act, the bill would impose a state-mandated local program. The bill would make a person who reports information or takes action in connection with the bill's provisions immune from civil liability for reporting information or taking the action, except as specified. The bill would make the program inapplicable to the Osteopathic Medical Board of California. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law, the Medical Practice Act, establishes the Medical Board of California within the Department of Consumer Affairs and sets forth its powers and duties relating to the licensure and regulation of the practice of medicine by physicians and surgeons. Existing law generally prohibits the practice of medicine without a physician's and surgeon's certificate issued by the board. Existing law authorizes a health care provider to deliver health care via telehealth to a patient pursuant to specified protocols and conditions. Existing law defines "telehealth" as the delivery of health care services and public health via information and communication technologies to facilitate the diagnosis, consultation, treatment, education, care management, and self-management of a patient's health care, and that telehealth includes synchronous interactions and asynchronous store and forward transfers. Existing law authorizes an eligible out-of-state physician and surgeon, as defined, to deliver health care via telehealth to an eligible patient. Existing law defines "eligible patient" as a person who, among other requirements, has a life-threatening disease or condition, as defined, and has not been accepted to participate in the clinical trial nearest to their home for the immediately life-threatening disease or condition, as specified, or in the medical judgment of a physician and surgeon, as defined, it is unreasonable for the patient to participate in that clinical trial due to the patient's current condition and state of disease. This bill would also include within the definition of "eligible patient" a patient whose immediately life-threatening disease or condition is in remission and the patient is continuing care for that condition with the previously established eligible out-of-state physician and surgeon, and would provide that those patients are not subject to the clinical trial requirement, as specified.
Existing law, the Pharmacy Law, provides for the licensure and regulation of pharmacies by the California State Board of Pharmacy, and makes a violation of the Pharmacy Law a misdemeanor. This bill would prohibit a pharmacy from engaging in the retail sale of cigarettes or tobacco products. Because a violation of this provision would be a crime, the bill would impose a state-mandated local program. Existing law, the Cigarette and Tobacco Products Licensing Act of 2023, requires a retailer to hold a license from the California Department of Tax and Fee Administration to engage in the sale of cigarettes or tobacco products for each retail location. Existing law requires the department to issue a license to a retailer upon receipt of a completed application and payment of required fees, unless certain circumstances apply. This bill would prohibit the department from issuing a license to a retailer if the retailer is a pharmacy or the application is for a retail location that contains a pharmacy. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
This bill designates the week of May 3 through May 9, 2026, as Youth Mental Health Awareness Week in California. It directly affects state officials and the public by officially recognizing this specific time period to highlight mental health issues among young people. The measure does not change laws or allocate funding but serves to raise awareness through an official state designation. Once enacted, this resolution allows for public events and discussions focused on youth mental health during the specified dates.
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.