CMA New Health Laws 2024

Significant new California laws of interest to physicians for 2024 The California Legislature had an active year, passing many new laws affecting health care. In particular, there was a strong focus on reproductive health, Medi-Cal, and professional licensing issues. Below is a list of the most significant new health laws of interest to physicians.

ALLIED HEALTH PROFESSIONALS .............................................................................................. 4 AB 1070 (Low) – Physician Assistants: Physician Supervision: Exceptions ........................................................................ 4 AB 716 (Boerner) – Ground Medical Transportation ...................................................................................................................... 4 AB 767 (Gipson) – Community Paramedicine or Triage to Alternate Destination Act ............................................... 4 SB 612 (Ochoa Bogh) – Speech-Language Pathologists ............................................................................................................ 4

BEHAVIORAL HEALTH .................................................................................................................... 5 SB 43 (Eggman) – Behavioral Health .................................................................................................................................................... 5 SB 326 (Eggman) – The Behavioral Health Services Act ............................................................................................................. 5 SB 805 (Portantino) – Health Care Coverage: Pervasive Developmental Disorders or Autism.............................. 5

CONFIDENTIAL INFORMATION ................................................................................................... 5 AB 352 (Bauer-Kahan) – Health Information .................................................................................................................................... 5 AB 1697 (Schiavo) – Uniform Electronic Transactions Act ......................................................................................................... 6

CONSENT ........................................................................................................................................... 6 AB 1029 (Pellerin) – Advance Health Care Directive Form ........................................................................................................ 6 AB 665 (Carillo) – Minors: Consent to Mental Health Services ................................................................................................. 6 AB 816 (Haney) – Minors: Consent to Medical Care ....................................................................................................................... 7 AB 48 (Aguiar-Curry) – Nursing Facility Resident Informed Consent Protection Act................................................. 7

CORPORATE BAR .............................................................................................................................. 7 AB 242 (Wood) – Critical Access Hospitals: Employment .......................................................................................................... 7

DRUG PRESCRIBING AND DISPENSING ...................................................................................... 7 AB 1021 (Wicks) – Controlled Substances: Rescheduling ........................................................................................................... 7 AB 1557 (Flora) – Pharmacy: Electronic Prescriptions .................................................................................................................. 8 AB 1731 (Santiago) – CURES Database: Buprenorphine .............................................................................................................. 8 AB 663 (Haney) – Pharmacy: Mobile Units ......................................................................................................................................... 8 SB 786 (Portantino) – Prescription Drug Pricing ........................................................................................................................... 8

HEALTH CARE COVERAGE ............................................................................................................. 8 SB 421 (Limón) – Health Care Coverage: Cancer Treatment .................................................................................................... 8 SB 496 (Limón) – Biomarker Testing .................................................................................................................................................... 9 SB 621 (Caballero) – Health Care Coverage: Biosimilar Drugs ................................................................................................. 9 SB 770 (Wiener) – Health Care: Unified Health Care Financing ............................................................................................. 9

HEALTH CARE FACILITIES AND FINANCING ........................................................................... 9 AB 112 (Committee on Budget) – Distressed Hospital Loan Program ................................................................................. 9 AB 918 (Garcia) – Health Care District: County of Imperial ........................................................................................................ 9 AB 1309 (Reyes) – Long-Term Health Care Facilities: Admission Contracts ................................................................... 10 SB 137 (Committee on Budget and Fiscal Review) – Health Omnibus Trailer Bill ...................................................... 10 SB 302 (Stern) – Compassionate Access to Medical Cannabis Act ..................................................................................... 10

HEALTH INFORMATION TECHNOLOGY ................................................................................... 11 AB 40 (Rodriguez) – Emergency Medical Services ....................................................................................................................... 11

MANAGED CARE .............................................................................................................................. 11 AB 948 (Berman) – Prescription Drugs .............................................................................................................................................. 11

MEDI-CAL .......................................................................................................................................... 11 AB 118 (Committee on Budget) – Budget Act of 2023: Health ............................................................................................... 11 AB 119 (Committee on Budget) – Managed Care Organization Provider Tax ................................................................. 12 AB 1241 (Weber) – Medi-Cal: Telehealth ............................................................................................................................................. 12 AB 1481 (Boerner) – Medi-Cal: Presumptive Eligibility ................................................................................................................ 12 AB 425 (Alvarez) – Medi-Cal: Pharmacogenomic Testing ......................................................................................................... 13 AB 483 (Muratsuchi) – Local Educational Agency: Medi-Cal Billing Option ................................................................... 13 AB 847 (Rivas) – Medi-Cal: Pediatric Palliative Care Services ................................................................................................. 13

MEDICAL PRACTICE AND ETHICS ..............................................................................................13 AB 360 (Gipson) – Excited Delirium ...................................................................................................................................................... 13 AB 834 (Irwin) – Physicians and Surgeons and Doctors of Podiatric Medicine: Professional Partnerships ... 13 AB 1402 (Dahle) – Medical Evidentiary Examinations: Reimbursement .......................................................................... 14 SB 344 (Rubio) – Ken Maddy California Cancer Registry ......................................................................................................... 14 SB 652 (Umberg) – Evidence: Expert Testimony........................................................................................................................... 14

PROFESSIONAL LICENSING AND DISCIPLINE ........................................................................ 14 SB 143 (Committee on Budget) ............................................................................................................................................................. 14 AB 1369 (Bauer-Kahan) – Out-of-State Physicians and Surgeons: Telehealth: License Exemption.................... 15 AB 1395 (Garcia) – Licensed Physicians and Dentists from Mexico Pilot Program: Requirements ..................... 15 AB 1646 (Nguyen) – Physicians and Surgeons: Postgraduate Training: Guest Rotations............................................ 15 AB 470 (Valencia) – Continuing Medical Education: Physicians and Surgeons............................................................ 15 AB 633 (Patterson) – Nursing: Licensure: Retired Licenses ...................................................................................................... 15 SB 372 (Menjivar) – Department of Consumer Affairs: Licensee and Registrant Records: Name and Gender Changes .............................................................................................................................................................................................................. 15 SB 815 (Roth) – Healing Arts .................................................................................................................................................................... 16

PUBLIC HEALTH .............................................................................................................................. 17 AB 269 (Berman) – Public Health: COVID-19 Testing and Dispensing Sites .................................................................. 17 AB 461 (Ramos) – Student Safety: Fentanyl Test Strips ............................................................................................................. 17 AB 659 (Aguiar-Curry) – Cancer Prevention Act ........................................................................................................................... 17 AB 1166 (Bains) – Liability for Opioid Antagonist Administration......................................................................................... 18 AB 1283 (Chen) – Pupil Health: Emergency Stock Albuterol Inhalers ................................................................................ 18 AB 1651 (Sanchez) – Pupil Health: Emergency Medical Care: Epinephrine Auto-Injectors ..................................... 18 SB 234 (Portantino) – Opioid Antagonists: Stadiums, Concert Venues, and Amusement Parks ........................ 18

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REPORTING REQUIREMENTS ..................................................................................................... 19 AB 1417 (Wood) – Elder and Dependent Adult Abuse: Mandated Reporting ................................................................ 19 AB 1740 (Sanchez) – Human Trafficking: Notice: Pediatric Care Facilities ...................................................................... 19 SB 67 (Seyarto) – Controlled Substances: Overdose Reporting ............................................................................................ 19 SB 779 (Stern) – Primary Care Clinic Data Modernization Act .............................................................................................. 19

REPRODUCTIVE ISSUES ............................................................................................................... 20 AB 254 (Bauer-Kahan) – Confidentiality of Medical Information Act: Reproductive or Sexual Health Application Information ........................................................................................................................................................................... 20 AB 1194 (Carrillo) – California Privacy Act of 2020: Exemptions: Abortion Services ................................................... 20 AB 1707 (Pacheco) – Health Professionals and Facilities: Adverse Actions Based on Another State’s Law . 20 AB 1720 (Bauer-Kahan) – Clinics: Prenatal Screening ................................................................................................................. 21 AB 571 (Petrie-Norris) – Medical Malpractice Insurance ............................................................................................................ 21 AB 904 (Calderon) – Health Care Coverage: Doulas .................................................................................................................... 21 AB 1203 (Bains) – Sales and Use Taxes: Exemptions: Breast Pumps and Related Supplies .................................... 21 AB 1701 (Weber) – Black Infant Health: California Perinatal Equity Initiative ................................................................. 21 SB 345 (Skinner) – Health Care Services: Legally Protected Health Care Activities ................................................... 22 SB 385 (Atkins) – Physician Assistant Practice Act: Abortion by Aspiration: Training .............................................. 22 SB 487 (Atkins) – Abortion: Provider Protections ......................................................................................................................... 22 SB 667 (Dodd) – Healing Arts: Pregnancy and Childbirth ....................................................................................................... 22

WORKFORCE & OFFICE SAFETY ISSUES ................................................................................... 23 AB 1007 (Ortega) – Occupational Safety and Health Standards: Plume .......................................................................... 23 SB 428 (Blakespear) – Temporary Restraining Orders and Protective Orders: Employee Harassment .......... 23 SB 497 (Smallwood-Cuevas) – Protected Employee Conduct .............................................................................................. 23 SB 525 (Durazo) – Minimum Wages: Health Care Workers..................................................................................................... 23 SB 553 (Cortese) – Occupational Safety: Workplace Violence: Restraining Orders and Workplace Violence Prevention Plan ............................................................................................................................................................................................ 24 SB 848 (Rubio) – Employment: Leave for Reproductive Loss ............................................................................................... 24

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ALLIED HEALTH PROFESSIONALS AB 1070 (Low) – Physician Assistants: Physician Supervision: Exceptions CMA Position: Neutral Permits a physician and surgeon to supervise up to 8 physician assistants at one time if all the physician assistants are focused solely on performing in-home health evaluations to gather patient information and perform annual wellness visits or health evaluations that do not involve direct patient treatment or prescribing medication.

(Amends Business and Professions Code §3516)

AB 716 (Boerner) – Ground Medical Transportation Requires the Emergency Medical Services authority to annually report the allowable maximum rates for ground ambulance transportation services in each county. Limits the amount an enrollee or insured owes a noncontracting ground ambulance provider to the in-network cost-sharing amount, and prohibits a ground ambulance provider from billing an uninsured or self-pay patient more than the established Medi-Cal payment or Medicare fee-for-service amount, whichever is greater. Prohibits a noncontracting ground ambulance provider from sending a higher amount to collections. Require a plan or insurer to directly reimburse a noncontracting ground ambulance provider for ground ambulance services the difference between the in-network cost-sharing amount and an amount described, as specified, unless it reaches another agreement with the noncontracting ground ambulance provider.

(Adds Health and Safety Code §§1371.56, 1797.124, and 1797.233; Repeals Health and Safety Code §1367.11; Adds Insurance Code §10126.66; Repeals Insurance Code §10352)

AB 767 (Gipson) – Community Paramedicine or Triage to Alternate Destination Act CMA Position: Support Extends the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act until January 1, 2031. Expands the allowable community paramedicine services program specialties to include providing short-term, post discharge follow-up for persons recently discharged from a hospital due to a serious health condition, including collaboration with, and by providing referral to, home health services when eligible.

(Amends Health and Safety Code §§1797.273, 1815, 1834, 1836, 1841, 1842, and 1857)

SB 612 (Ochoa Bogh) – Speech-Language Pathologists Specifies that a licensed speech-language pathologist who holds a written verification that was issued before January 1, 2023, by a board-certified otolaryngologist stating that the licensed speech-language pathologist has performed a minimum of 25 supervised flexible fiber optic transnasal endoscopic procedures and is competent to perform those procedures, shall be deemed to meet specified requirements regarding flexible fiber optic transnasal endoscopic procedures, as provided.

(Amends Business and Professions Code §2530.2; Amends Education Code §56363)

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BEHAVIORAL HEALTH SB 43 (Eggman) – Behavioral Health CMA Position: Support Expands the definition of “gravely disabled” for purposes of either placing a person on an involuntary psychiatric hold or conservatorship. The new definition of “gravely disabled” includes individuals with either a severe substance use disorder or a co-occurring mental health disorder and a severe substance use disorder, and individuals who, due to a mental health disorder or one of the two above conditions, are unable to provide for their personal safety or necessary medical care.

(Amends Health and Safety Code §1799.111; Amends Welfare and Institutions Code §§5008, 5350, 5354, 5402; Adds Welfare and Institutions §5122)

SB 326 (Eggman) – The Behavioral Health Services Act CMA Position: Support If approved by the voters at the March 5, 2024, statewide primary election, this bill will recast the Mental Health Services Act (MHSA) renaming it the Behavioral Health Services Act (BHSA), expanding it to include treatment of substance use disorders, changing the county planning process, and expanding services for which counties and the state can use funds. This will revise the distribution of MHSA moneys, including allocating up to $36,000,000 to the department for behavioral health workforce funding.

(Amends, repeals, and adds Education Code §99277; Amends, repeals, and adds Health and Safety Code §131315; Amends, repeals, and adds Revenue and Taxation Code §19602.5; Amends, repeals, and adds Unemployment Insurance Code §1095.5; Amends Welfare and Institutions Code §§4090, 4094, 4096.5, 5675, and 5813.6; Amends and repeals Welfare and Institutions Code §§5840.5, 5840.8, 5846, 5847, 5848, 5878.2, 5895, and 5899; Amends, repeals, and adds Welfare and Institutions Code §§5604, 5604.1, 5604.2, 5604.3, 5604.5, 5610, 5613, 5614, 5664, 5771.1, 5805, 5806, 5813.5, 5830, 5835, 5835.2, 5840, 5840.6, 5840.7, 5845, 5845.5, 5848.5, 5849.1, 5849.2, 5849.3, 5852.5, 5868, 5878.1, 5878.3, 5881, 5886, 5890, 5891, 5891.5, 5892, 5892.1, 5892.5, 5893, 5897, 5898, 14197.7, and 14707.5; Adds Welfare and Institutions Code §§5831, 5845.1, and 14197.71; Adds Welfare and Institutions Code Part 4.1 (commencing with Section 5887),Division 5; Adds Welfare and Institutions Code Part 7,Division 5, Chapter 3 (commencing with Section 5963); Adds and repeals Welfare and Institutions Code §5892.3; Repeals Welfare and Institutions Code §5963.06)

SB 805 (Portantino) – Health Care Coverage: Pervasive Developmental Disorders or Autism Expands the criteria for a qualified autism service professional to include a psychological associate, an associate marriage and family therapist, an associate clinical social worker, or an associate professional clinical counselor, as specified. Requires those positions to meet the criteria for a Behavioral Health Professional, as provided.

(Amends Health and Safety Code §1374.73; Amends Insurance Code §10144.51; Adds 4686.4 Welfare and Institutions Code §4686.4)

CONFIDENTIAL INFORMATION AB 352 (Bauer-Kahan) – Health Information CMA Position: Support Requires specified businesses that electronically store or maintain medical information on the provision of sensitive services on behalf of a provider of health care, health care service plan, pharmaceutical company, contractor, or employer to develop capabilities, policies, and procedures, on or before July 1, 2024, to enable certain security features, including limiting user access privileges and segregating

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medical information related to gender affirming care, abortion and abortion-related services, and contraception, as specified. Prohibits a provider of health care, health care service plan, contractor, or employer from cooperating with any inquiry or investigation by, or from providing medical information to, an individual, agency, or department from another state or, to the extent permitted by federal law, to a federal law enforcement agency that would identify an individual or that is related to an individual seeking or obtaining an abortion or abortion-related services that are lawful under the laws of this state, unless the request for medical information is authorized in accordance with specified existing provisions of law. Exempts a provider of health care from liability for damages or from civil or enforcement actions relating to cooperating with, or providing medical information to, another state or a federal law enforcement agency before January 31, 2026, if the provider of health care is working diligently and in good faith to comply with the prohibition.

(Adds Civil Code §56.110; Amends Civil Code §56.101 and §56.108; Amends Health and Safety Code §130290)

AB 1697 (Schiavo) – Uniform Electronic Transactions Act Permits use of electronic signatures to authorize disclosure of medical information by a provider of health care, health care service plan, pharmaceutical company, or contractor. Permits electronic signatures for the disclosure of genetic test results contained in an applicant’s or enrollee’s medical records, by a health care service plan. Permits electronic signatures for an employer to disclose medical information and genetic test results. for electronic signatures to be valid, these authorizations must expire on the occurrence of a specified date or event.

(Amends Civil Code §§56.05, 56.11, 56.17, 56.21, and 1633.3)

CONSENT AB 1029 (Pellerin) – Advance Health Care Directive Form CMA Position: Neutral Confirms that a voluntary standalone psychiatric advance directive, as defined, may be executed in addition to or instead of a traditional advance health care directive. Clarifies long standing law to reflect prescribed limitations of the powers of a health care agent, conservator, or surrogate by expressly stating that a “health care decision” under an advance health care directive does not include consent by an individual’s agent, conservator, or surrogate to convulsive treatment, psychosurgery, sterilization, or abortion, and by modifying the statutory advance health care directive form to reflect that the individual's agent may not consent to a mental health facility or consent to convulsive treatment, psychosurgery, sterilization, or abortion for the individual.

(Adds Probate Code §4679; Amends Probate Code §§4617, 4701)

AB 665 (Carillo) – Minors: Consent to Mental Health Services CMA Position: Support Removes the requirement that a minor seeking to consent to mental health treatment or counseling on an outpatient basis, or to residential shelter services, must present a danger of serious physical or mental harm to themselves or to others or be the alleged victim of incest or child abuse.

(Amends, repeals, and adds Family Code §6924)

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AB 816 (Haney) – Minors: Consent to Medical Care CMA Position: Support Authorizes a minor who is 16 years of age or older to consent to replacement narcotic abuse treatment that uses buprenorphine at a physician’s office, clinic, or health facility, by a licensed physician and surgeon or other health care provider, as specified, whether the minor also has the consent of their parent or guardian. Authorizes a minor 16 years of age or older to consent to any other medications for opioid use disorder from a licensed narcotic treatment program as replacement narcotic therapy without the consent of the minor’s parent or guardian only if, and to the extent, expressly permitted by federal law.

(Amend Family Code §6929; Add Family Code §6929.1)

AB 48 (Aguiar-Curry) – Nursing Facility Resident Informed Consent Protection Act Expands the rights of every resident in nursing facilities and intermediate care facilities to receive information that is material to an individual's informed consent decision concerning whether to accept or refuse the administration of psychotherapeutic drugs. Includes the right to be free from psychotherapeutic drugs used for the purpose of resident discipline or convenience, or used as a chemical restraint except in an emergency. All residents of skilled nursing facilities, intermediate care facilities, and hospice facilities would have the right to appeal an involuntary transfer or discharge through the appeal process, as specified, regardless of a resident's payment source or the Medi-Cal or Medicare certification status of the facility in which the resident resides.

(Amends Health and Safety Code §1599.1; Adds Health and Safety Code §1599.15)

CORPORATE BAR AB 242 (Wood) – Critical Access Hospitals: Employment Eliminates the sunset date on the exception to the prohibition on charging for professional services for federally certified critical access hospitals that employ licensees and charge for professional services rendered by those licensees to patients under specified conditions, including that the medical staff concur by an affirmative vote that the licensee’s employment is in the best interest of the communities served by the hospital.

(Amends Business and Professions Code §2401)

DRUG PRESCRIBING AND DISPENSING AB 1021 (Wicks) – Controlled Substances: Rescheduling CMA Position: Support States that if any Schedule I controlled substance is federally rescheduled or exempted from the Controlled Substances Act, it will automatically become lawful for health professionals to prescribe, furnish, or dispense under California law.

(Adds Health and Safety Code §11150.3)

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AB 1557 (Flora) – Pharmacy: Electronic Prescriptions CMA Position: Support Authorizes a pharmacist located and licensed in California to, on behalf of a licensed health care facility, from a location outside of the facility, verify medication chart orders for appropriateness before administration consistent with federal requirements, as established in the health care facility’s policies and procedures. Requires a health care facility to maintain a record of pharmacist’s verification of a medication chart order. Deletes the provision making the authorization to electronically enter a controlled substance prescription inapplicable.

(Amends Business and Professions Code §4071.1)

AB 1731 (Santiago) – CURES Database: Buprenorphine CMA Position: Support Exempts a health care practitioner from the duty to consult the CURES database when the health care practitioner prescribes, orders, administers, or furnishes buprenorphine or other controlled substance containing buprenorphine in the emergency department of a general acute care hospital.

(Amends Health and Safety Code §11165.4)

AB 663 (Haney) – Pharmacy: Mobile Units Authorizes a county, city and county, or special hospital authority to operate one or more mobile units as an extension of a pharmacy license held by the county, city and county, or special hospital authority.

Requires the pharmacist-in-charge to determine the number of mobile units that are appropriate for a particular pharmacy license.

(Amends Business and Professions Code §4110.5)

SB 786 (Portantino) – Prescription Drug Pricing CMA Position: Support Prohibits a pharmacy benefit manager from discriminating against a covered entity or its pharmacy in connection with dispensing a drug subject to federal pricing requirements or preventing a covered entity from retaining the benefit of discounted pricing for those drugs.

(Adds Health and Safety Code Part 2, Division 107, Chapter 2.5, Article 3 (commencing with Section 127470))

HEALTH CARE COVERAGE SB 421 (Limón) – Health Care Coverage: Cancer Treatment CMA Position: Support Eliminates the sunset date on a requirement that individual and group health plans and insurance policies limit the copayment for an individual prescription of up to a 30-day supply of an orally administered anticancer medication covered under the contract or policy.

(Amends Health and Safety Code §1367.656; Amends Insurance Code §10123.206)

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SB 496 (Limón) – Biomarker Testing CMA Position: Support Requires a health care service plan contract or health insurance policy issued, amended, or renewed on or after July 1, 2024, to provide coverage for medically necessary biomarker testing, as prescribed, including whole genome sequencing, for the purposes of diagnosis, treatment, appropriate management, or ongoing monitoring of an enrollee’s or insured’s disease or condition to guide treatment decisions.

(Adds Health and Safety Code §1367.667; Adds Insurance Code §10123.209; Adds Welfare and Institutions Code §14132.09)

SB 621 (Caballero) – Health Care Coverage: Biosimilar Drugs CMA Position: Support Specifies that a plan, insurer, or utilization review organization is not prohibited from requiring an enrollee or insured to try a biosimilar before providing coverage for the equivalent branded prescription drug, but that the requirement to try biosimilar, generic, and interchangeable drugs does not prohibit or supersede a step therapy exception request.

(Amends Health and Safety §1367.206; Amends Insurance Code §10123.201)

SB 770 (Wiener) – Health Care: Unified Health Care Financing Directs the Secretary of the California Health and Human Services Agency to research, develop, and pursue discussions of a waiver framework in consultation with the federal government with the objective of a health care system that incorporates specified features and objectives, including, among others, a comprehensive package of medical, behavioral health, pharmaceutical, dental, and vision benefits, and the absence of cost sharing for essential services and treatments. Requires the secretary to engage specified stakeholders to provide input on topics related to discussions with the federal government and key design issues, as specified. Requires the secretary, no later than January 1, 2025, to provide an interim report to specified committees of the Legislature and propose statutory language to the chairs of those committees authorizing the development and submission of applications to the federal government for waivers necessary to implement a unified health care financing system.

(Adds Health and Safety Code Part 4 (commencing with Section 1000) Division 1)

HEALTH CARE FACILITIES AND FINANCING AB 112 (Committee on Budget) – Distressed Hospital Loan Program CMA Position: Support Establishes the Distressed Hospital Loan Program, until January 1, 2032, to provide loans to not-for-profit hospitals and public hospitals in significant financial distress or to governmental entities representing a closed hospital to prevent the closure of a hospital or facilitate the reopening of a closed hospital.

(Amends Health and Safety Code §128740; Adds and repeal Chapter 4, Part 6, Division 107 (commencing with §129380))

AB 918 (Garcia) – Health Care District: County of Imperial Establishes a local health care district in the County of Imperial, designated as the Imperial Valley Healthcare District, that includes all County of Imperial. Directs the Imperial Valley Healthcare District to maximize the use of its assets to provide direct health care services to individuals within the district (Adds Health and Safety Code Division 23 Chapter 11 (commencing with §32499.5))

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AB 1309 (Reyes) – Long-Term Health Care Facilities: Admission Contracts Requires that long term health care facilities provide, within 48 hours of the written notice of a facilityinitiated transfer or discharge, a copy of the resident’s discharge needs and discharge plan. Requires the facility to provide a copy of the resident’s discharge summary prior to the proposed transfer or discharge date and at no cost to the resident.

(Amends Health and Safety Code §1439.6 and 1599.78)

SB 137 (Committee on Budget and Fiscal Review) – Health Omnibus Trailer Bill Authorizes California Health and Human Services Agency to enter into partnerships regarding over-thecounter naloxone products to allow the development, manufacturing, or distribution of those products by any entity that is authorized to do so under federal or state law. Appropriates $56,239,000 from the Federal Trust Fund to the State Department of Health Care Services to expend Substance Abuse Prevention and Treatment Block Grant funds. Requires the appointment of the director and the chief medical officer of the Emergency Medical Services Authority to be subject to confirmation by the Senate; specifies that the offices of the director and the chief medical officer are held at the pleasure of the Governor. Revises the membership of the interdisciplinary team in psychiatric residential treatment facilities, including removing the nurse practitioner, replacing the mental health professional with a psychologist who has a master’s degree in clinical psychology or who has been certified, as specified, and requiring the social worker to be a psychiatric social worker. Authorizes, if the patient is a dependent or ward of the juvenile court who has been removed from the physical custody of their parents, legal guardian, or Indian custodian, and who is not under a conservatorship, disclosure of information or records without the consent of the patient or their guardian or conservator to the dependent’s or ward’s social worker or probation officer for the purposes of ensuring the dependent or ward receives all necessary services or referrals for transition out of a facility to a lower level of care. Also authorizes the disclosure of information and records to the department for the purpose of licensing and establishing regulations for psychiatric residential treatment facilities.

(Amends Health and Safety Code §§1751.70, 1753.1, 1797.101, 11833.02, 11833.04, and 105254; Adds Health and Safety Code §127697; Amends Welfare and Institutions Code §§4081 and 5328; Amends Section 1 of Chapter 589 of the Statutes of 202)

SB 302 (Stern) – Compassionate Access to Medical Cannabis Act Expands the Compassionate Access to Medical Cannabis Act or Ryan’s Law, which requires specified types of health care facilities to allow a terminally ill patient’s use of medicinal cannabis within the health care facility, to include patients over 65 years of age with chronic disease. Expands the definition of health care facility to include a home health agency and requires a health care facility permitting patient use of medicinal cannabis, as specified, to ensure a denial of admission to the health care facility is not because of the patient’s use of medicinal cannabis. Authorizes a health care facility to suspend compliance with these provisions if a regulatory agency, the United States Department of Justice, or the federal Centers for Medicare and Medicaid Services makes an inquiry about the health care facility’s activities.

(Amends Health and Safety Code §§1649.1, 1649.2, 1649.3, and 1649.6)

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HEALTH INFORMATION TECHNOLOGY AB 40 (Rodriguez) – Emergency Medical Services Requires the Emergency Medical Services Authority, on or before December 31, 2024 to develop and implement an electronic signature for use between the emergency department medical personnel at a receiving hospital and the transporting emergency medical personnel that captures the points in time when the ambulance arrives at the hospital emergency department bay and when transfer of care is executed for documentation of ambulance patient offload time. Requires every local EMS agency, by July 1, 2024, to develop a standard not to exceed 30 minutes, 90% of the time, for ambulance patient offload time and report the standardized time to the Emergency Medical Services Authority.

(Adds Health and Safety Code §§1797.120.5, 1797.120.6, and 1797.120.7)

MANAGED CARE AB 948 (Berman) – Prescription Drugs CMA Position: Support Requires a health care service plan or a health insurer, if there is a generic equivalent to a brand name drug, to ensure that an enrollee or insured is subject to the lowest cost sharing that would be applied, whether or not both the generic equivalent and the brand name drug are on the formulary.

(Amends Health and Safety Code §1342.73; Amends Insurance Code §10123.1932)

MEDI-CAL AB 118 (Committee on Budget) – Budget Act of 2023: Health for dates of service no sooner than January 1, 2024, or on the effective date of any necessary federal approvals, whichever is later, requires the reimbursement rates for primary care services, obstetric care services, doula services, and certain outpatient mental health services to be the greater of 87.5% of the lowest maximum allowance established by the federal Medicare Program for the same or similar services or the level of reimbursement. Requires the Department of Managed Health Care to annually review and revise the reimbursement rates, and to develop and implement a methodology for establishing rates or payments for the services. Payments would be supported by the managed care organization provider tax revenue or other state funds appropriated to the department as the state share for this purpose, including, but not limited to, funds transferred to the Medi-Cal Provider Payment Reserve Fund, and to the Healthcare Treatment Fund under the California Healthcare, Research and Prevention Tobacco Tax Act of 2016. Requires each Medi-Cal managed care plan to reimburse a network provider furnishing those services at least the amount the network provider would be paid for those services in the Medi-Cal feefor-service delivery system. Requires the Department of Managed Health Care to develop standard templates for the disclosure form and evidence of coverage, to include, among other things, standard definitions, benefit descriptions, and any other information that the director determines, consistent with the goals of providing fair disclosures of the provisions of a health care service plan. Requires the department to consult with the Department of Insurance and interested stakeholders in developing the

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standard templates. Requires health care service plans, beginning January 1, 2025, to use the standard templates for any disclosure form or evidence of coverage published or distributed, except as specified.

(Amends Code of Civil Procedure §1295; Amends Government Code §§12534, 16531.1, 53123.1.5, 53123.3, 53123.4, 53123.5, 100520.5, and 100800; Adds §53123.6 to the Government Code; Ameds Health and Safety Code §§27, 1352.1, 1363, 1367.041, 1367.24, 1374.724, 1417.2, 1797.100, 1797.101, 1862, 11830, 11831.12, 11831.6, 11831.7, 11833.01, 11833.05, 11836, 107065, 107075, 114850, 127691, 127692, 127693, 127696, 128560, and 129385; Adds Health and Safety Code §1363.3; Adds Health and Safety code Part 2, Division 10.5, Chapter 7.1 (commencing with §11832) and Chapter 7.2 (commencing with §11833); Repeals Health and Safety code §§11830.1, 11830.5, 11831.1, 11831.2, 11831.5, 11832, 11832.1, 11833, 114890, and 114895; Repeals and adds Health and Safety Code §§107070, 107165, and 107170; Amends Insurance Code §10144.57; Amends Penal Code §§1370 and 11105; Amends Revenue and Taxation Code §41136; Repeals and adds Revenue and Taxation Code §61035; Amends Welfare and Institutions Code, §§3200, 3201, 3203, 5402, 14005.7, 14005.9, 14005.12, 14005.13, 14005.21, 14005.26, 14005.32, 14005.41, 14005.42, 14009, 14011.65, 14011.7, 14011.8, 14015.12, 14016, 14019.4, 14021.6, 14054, 14064, 14094.5, 14094.7, 14094.11, 14094.12, 14094.17, 14105.075, 14105.192, 14105.194, 14110.8, 14132, 14132.24, 14132.56, 14132.95, 14132.99, 14146, 14146.5, 14154.5, 14169.81, 14184.102, 14184.200, 14184.201, 14184.403, 14717.1, 14717.2, and 15832; Amends and repeals Welfare and Institutions Code §§14006, 14006.01, 14006.1, 14006.15, 14006.2, 14006.6, and 14015; Amends, repeals, and adds Welfare and Institutions Code §§14005.11, 14005.20, 14005.40, 14005.401, 14006.3, 14006.4, 14006.5, 14007.9, 14009.6, 14009.7, 14011, 14013.3, 14051, 14051.5, 14100.5, 14148.04, and 14148.5; Adds Welfare and Institutions Code §§4046, 14005.95, 14051.7, 14051.8, 14105.076, 14105.200, 14105.201, and 14105.202)

AB 119 (Committee on Budget) – Managed Care Organization Provider Tax CMA Position: Support Restructures the MCO provider tax, including changes to the taxing tiers and tax amounts, for purposes of the tax periods of April 1, 2023, through December 31, 2023, and the 2024, 2025, and 2026 calendar years.

Creates the Managed Care Enrollment Fund to replace the Health Care Services Special Fund. Under the bill, moneys deposited into the fund would be available to the department for the purpose of funding the following subcomponents to support the Medi-Cal program: (1) the nonfederal share of increased capitation payments to Medi-Cal managed care plans; (2) the nonfederal share of Medi-Cal managed care rates for health care services; and (3) transfers to the Medi-Cal Provider Payment Reserve Fund, as established pursuant to specified provisions.

(Adds Welfare and Institutions Code Part 3, Division 9, Chapter 7, Article 7.1 (commencing with Section 14199.80); Repeals Welfare and Institutions Code §§14199.80, 14199.81, 14199.83, 14199.84, 14199.85, 14199.86, and 14199.87; Repeals Welfare and Institutions Code Part 3, Division 9, Chapter 7, Article 6.8 (commencing with Section 14199.60))

AB 1241 (Weber) – Medi-Cal: Telehealth Requires that a provider furnishing services through video or audio telehealth to maintain and follow protocols to offer those services in-person or offer a referral to, and a facilitation of, in-person care.

Specifies that the referral and facilitation arrangement would not require a provider to schedule an appointment with a different provider on behalf of a patient.

(Amends Welfare and Institutions Code §14132.725)

AB 1481 (Boerner) – Medi-Cal: Presumptive Eligibility CMA Position: Support Expands coverage policies of presumptive eligibility for pregnant individuals (now called Presumptive Eligibility for Pregnant People” (PE4PP)). Requires the Department of Health Care Services (DHCS) to ensure PE4PP patients have access to abortion services regardless of other health coverage.

(Amends Welfare and Institutions Code §§14011.66, 14148.03, 14148.1, 14148.3, 14148.7, and 14148.85)

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AB 425 (Alvarez) – Medi-Cal: Pharmacogenomic Testing Commencing on July 1, 2024, adds pharmacogenomic testing as a covered benefit under Medi- Cal. Defines pharmacogenomic testing as laboratory genetic testing that includes, but is not limited to, a panel test, to identify how a person’s genetics may impact the efficacy, toxicity, and safety of medications.

(Adds Welfare and Institutions Code §14132.11)

AB 483 (Muratsuchi) – Local Educational Agency: Medi-Cal Billing Option Requires the DHCS, when conducting an audit of a Medi-Cal Billing Option claim, to complete the audit and notify the local educational agency (LEA) of the findings within 18 months of the date that the Cost and Reimbursement Comparison Schedule (CRCS) is submitted. Requires the department to provide an interim settlement or final settlement within 12 months of the March 1 due date for the CRCS. Requires the department to update and distribute the program guide to all participating LEAs by July 1, 2024, as specified.

Requires the department’s summary of activities in the above-described report to also include training for LEAs and a summary of the number of audits conducted of Medi-Cal Billing Option claims, as specified.

(Amends Welfare and Institutions Code §14115.8)

AB 847 (Rivas) – Medi-Cal: Pediatric Palliative Care Services CMA Position: Support Authorizes extended eligibility, under Sophia’s Act, for pediatric hospice services and palliative care services for those individuals who have been determined eligible for those services prior to 21 years of age to after 21 years of age. to the extent that these provisions would alter the eligibility of individuals for these services, the bill would create a state-mandated local program.

(Adds Welfare and Institutions Code §14132.76)

MEDICAL PRACTICE AND ETHICS AB 360 (Gipson) – Excited Delirium CMA Position: Support Prohibits “excited delirium,” as defined, from being recognized as a valid medical diagnosis or cause of death in this state. Prohibits a coroner, medical examiner, physician, or physician assistant from stating on the certificate of death or in any report that the cause of death was excited delirium.

(Adds Evidence Code §1156.5; Adds Health and Safety Code Division 20, Chapter 3.5 (commencing with §24400))

AB 834 (Irwin) – Physicians and Surgeons and Doctors of Podiatric Medicine: Professional Partnerships Revises the provisions within the Medical Practice Act, which authorizes physicians and surgeons and doctors of podiatric medicine to establish a professional partnership or group that includes both physicians and surgeons and doctors of podiatric medicine, to allow a majority of the partners and partnership interests to be physicians and surgeons, osteopathic physicians and surgeons, or doctors of podiatric medicine.

(Amends Business and Professions Code §2416)

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AB 1402 (Dahle) – Medical Evidentiary Examinations: Reimbursement Requires victims of child physical abuse or neglect to have access to medical evidentiary examinations, free of charge, by Local Sexual Assault Response Teams (SART), Sexual Assault Forensic Examiner (SAFE) teams, or other qualified medical evidentiary examiners. Requires each county’s board of supervisors to authorize a designee to approve the SART, SAFE teams, or other qualified medical evidentiary examiners to receive reimbursement through the Office of Emergency Services for the performance of medical evidentiary examinations for victims of child physical abuse or neglect and to notify the office of this designation.

(Amends Penal Code §2416)

SB 344 (Rubio) – Ken Maddy California Cancer Registry CMA Position: Support Authorizes the Department of Public Health to require that the same pathology report be submitted more than once if deemed necessary by the department or its authorized representative and would require the department to notify a pathologist of any deficiencies should the department deem a pathologist noncompliant with this provision. Requires the department to provide the pathologist an opportunity to cure the deficiencies and would prohibit the department from imposing a fine or other penalty solely based on a pathologist's failure to comply with this provision.

(Amends Health and Safety Code §103885)

SB 652 (Umberg) – Evidence: Expert Testimony Creates additional requirements for expert opinions regarding medical causation. In a case in which an expert testifying about medical causation for the party bearing the burden of proof is required to testify that causation exists to a reasonable probability, would allow the party not bearing the burden of proof to offer the testimony of a contrary expert only if the expert can testify that a proffered alternative cause exists to a reasonable medical probability or that a matter cannot meet a reasonable degree of probability in the applicable field, as specified.

(Adds Evidence Code §801.1)

PROFESSIONAL LICENSING AND DISCIPLINE SB 143 (Committee on Budget) Requires a medical school graduate to obtain a physician’s and surgeon’s postgraduate training license within 180 days after beginning a board-approved postgraduate training program. Any postgraduate training license that expires after June 1, 2023, and before December 31, 2023, are now extended to March 31, 2024. Also extends that period applicants for a physician’s and surgeon’s license who received credit for 12 months of approved postgraduate training in another state or in Canada and who is accepted into an approved postgraduate training program in California to obtain their physician’s and surgeon’s license within 180 days after beginning the postgraduate training program.

(Amends Business and Professions Code §§2064.5, 2065, and 6219; Adds Business and Professions Code §§115.10 and 2064.6; Amends Government Code §§15490, 16344, and 65852.24; Adds and repeal Government Code §11133; Amends Health and Safety Code §§ 24213 and 34177.7; Amend, repeal, and add Health and Safety Code §25174; Add Health and Safety Code §§51528 and 51529; Add and repeal Section Health and Safety Code §25205.5.2; Amends Labor Code heading of Part 12 (commencing with Section 2695.1) of Division 2; Amends Labor Code §§107.7.2, 2695.3, and 2695.4; Amends Public Resources Code §716, Amends Revenue and Taxation Code §§17158.1 and 24311; Adds and repeal Revenue and Taxation Code §43101.1; Amends Unemployment Insurance Code §985)

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AB 1369 (Bauer-Kahan) – Out-of-State Physicians and Surgeons: Telehealth: License Exemption Authorizes a person licensed as a physician and surgeon in another state, as specified, to deliver health care via telehealth to an eligible patient who, among other requirements, has an immediately lifethreatening disease or condition, as specified.

(Adds Business and Professions Code §2052.5)

AB 1395 (Garcia) – Licensed Physicians and Dentists from Mexico Pilot Program: Requirements Authorizes the Medical Board of California to issue a 3-year nonrenewable license to an applicant who would otherwise be eligible for licensure under the Licensed Physicians and Dentists from Mexico Pilot Program but does not yet have an individual taxpayer identification number or social security number, according to specified conditions.

(Amends Business and Professional Code §853)

AB 1646 (Nguyen) – Physicians and Surgeons: Postgraduate Training: Guest Rotations Authorizes residents in out-of-state residency programs to participate in guest rotations at an approved postgraduate training program or a participating Accreditation Council for Graduate Medical Education (ACGME) accredited training site in California This change is intended to allow medical residents whose home states restrict reproductive health services to receive the training.

(Business and Professions Code §2065)

AB 470 (Valencia) – Continuing Medical Education: Physicians and Surgeons CMA Position: Sponsored Specifies that educational activities to fulfill the continuing education requirement for physicians and surgeons may also include activities that are designed to improve the quality of physician-patient communication.

(Amends Business and Professional Code §2190.1)

AB 633 (Patterson) – Nursing: Licensure: Retired Licenses Establishes a retired license for registered nurses allowing the licensee to provide limited nursing services, as specified, to the public free of charge in a public health program, under the supervision of an active licensed registered nurse. Requires the Board of Registered Nursing, upon application and payment of a fee established by the board, to issue a retired license to a registered nurse who meets prescribed qualifications.

(Adds Business and Professional Code §2811.1)

SB 372 (Menjivar) – Department of Consumer Affairs: Licensee and Registrant Records: Name and Gender Changes CMA Position: Support Requires a board within the Department of Consumer Affairs to update a licensee’s or registrant’s license or registration by replacing references to the former name or gender on the license or registration, as specified, if the Board receives documentation, as described, from the licensee or registrant demonstrating that the licensee or registrant’s legal name or gender has been changed. If the Board

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operates an online license verification system, the board is required to replace references to the licensee’s or registrant’s former name or gender with the individual’s current name or gender, as applicable, on the publicly viewable information displayed on the internet. Additionally, the Board is prohibited from publishing the licensee’s or registrant’s former name or gender online.

(Adds Business and Professions Code §27.5)

SB 815 (Roth) – Healing Arts Extends the Medical Board of California’s authority under the Medical Practice Act for the licensure, regulation, and discipline of physicians and surgeons until January 1, 2028. Requires the Medical Board of California to issue a 3-year nonrenewable license to an applicant of the Licensed Physicians and Dentists from Mexico Pilot Program who has not provided an individual taxpayer identification number or social security number if the applicant meets specified conditions. Requires the applicant to immediately seek an appropriate 3-year visa and social security number from the federal government within 14 days of being issued the medical license and immediately provide the board with their social security number within 10 days of issuance of that card by the federal government. Prohibits the applicant from engaging in the practice of medicine until the board determines that these conditions have been met. Requires the Medical Board of California and the Dental Board of California to notify the applicant of their eligibility to practice medicine if the board determines the applicant has met these conditions. Permits the board to extend the 3-year nonrenewable license period, as specified.

Requires a medical school graduate to obtain a physician’s and surgeon’s postgraduate training license within 180 days after beginning a board-approved postgraduate program. Establishes that any physician’s and surgeon’s postgraduate training license in an active status issued on or after January 1, 2020, shall be valid for a period of 36 months. Establishes that all approved postgraduate training the medical school graduate has successfully completed in the United States or Canada shall count toward the postgraduate training requirement to obtain a physician’s and surgeon’s license. Extends the period for an applicant for a physician’s and surgeon’s license who received credit of postgraduate training to 180 days after beginning the postgraduate training program.

Requires that any complaint determined to involve the quality of care rendered by a physician and surgeon, except as provided, before complaint closure or referral to a field office for further investigation, to be reviewed by one or more medical experts, also require a complainant, patient, or patient representative to be provided with an opportunity to provide a statement relative to the harm they experienced, as specified. Requires the statement to be considered by the board, or a panel of the board, for the purposes of adjudicating the case to which the statement pertains. Requires that the statute of limitations relating to the licensee be tolled upon the service of an order to show cause, until such time as the subpoenaed records are produced, including any period the licensee is out of compliance with the court order and during any related appeals, or until the court declines to issue an order mandating release of the records to the board. Requires the board or its designee to automatically suspend a license following a conviction of a felony by a licensee. Requires the board or its designee to automatically revoke the license and authorizes the licensee to request a hearing within 30 days of the automatic suspension order. Specifies a period of 5 years for reinstatement of a license surrendered or revoked for unprofessional conduct, except that the board may, for good cause shown, specify in a revocation order that a petition for reinstatement may be filed after 3 years. Requires the board to automatically reject a

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petition for early termination of modification, as specified. Authorizes the board to establish a fee paid by a person seeking license reinstatement or modification of penalty.

Requires initial physician and surgeon license fee to increase to $1,151, and for licenses that expire on or after January 1, 2024, the biennial renewal fee to be $1,151. Beginning January 1, 2027, sets the initial license fee at $1,255, and for licenses that expire on or after January 1, 2027, the biennial renewal fee at $1,255.

(Amends Business and Professions Code §§853, 2001, 2007, 2019, 2020, 2064.5, 2065, 2096, 2097, 2224, 2225.5, 2234, 2266, 2307, 2334, 2425, 2435, and 2450; Amends and repeals Business and Professions Code §§2529, 2529.1, 2529.5, and 2529.6; Adds Business and Professions Code §§2024.5, 2220.1, 2220.2, 2225.7, 2232.5, and 2307.5; Adds Business and Professions Code Division 2, Chapter 6.6, Article 3.5 (commencing with Section 2950); Repeals Business and Professions Code §2270; Amends Health and Safety Code §123110)

PUBLIC HEALTH AB 269 (Berman) – Public Health: COVID-19 Testing and Dispensing Sites CMA Position: Support Authorizes a person to perform an analysis of samples to test for SARS-CoV-2 in a clinical laboratory or a city, county, or city and county public health laboratory if they meet the requirements under Clinical Laboratory Improvement Amendments for high complexity testing. Authorizes, until January 1, 2024, an entity contracted with and approved by the State Department of Public Health to operate a designated COVID-19 testing and dispensing site to acquire, dispense, and store COVID-19 oral therapeutics, as defined, at or from a designated site.

(Adds Business and Professions Code §1206.7; Repeals and adds Business and Professions Code §4176; Adds Health and Safety Code §101161)

AB 461 (Ramos) – Student Safety: Fentanyl Test Strips CMA Position: Support Requires the governing board of each community college district and the Trustees of the California State University to provide information about the use and location of fentanyl test strips as part of established campus orientations and to notify students of the presence and location of fentanyl test strips. Requires the governing board of each community college district and the Trustees of the California State University to require that each campus health center stock and distribute fentanyl test strips, as specified.

(Amends Education Code §67384)

AB 659 (Aguiar-Curry) – Cancer Prevention Act CMA Position: Support Declares that pupils in California are advised to adhere to current immunization guidelines regarding full human papillomavirus (HPV) immunization before admission or advancement to the 8th grade of any private or public elementary or secondary school. Requires the governing authority to submit to the pupil and their parent or guardian a notification containing a statement about that public policy and advising that the pupil adhere to current HPV immunization guidelines before admission or advancement to the 8th grade level.

(Adds Education Code §48980.4; Amends Health and Safety Code §1367.66 and §120390; Adds Health and Safety Code §120336 and §120390.6; Amends Insurance Code §10123.18)

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AB 1166 (Bains) – Liability for Opioid Antagonist Administration CMA Position: Support Provides that a person who, in good faith and not for compensation, renders emergency treatment at the scene of an opioid overdose or suspected opioid overdose by administering an opioid antagonist, as defined, is not liable for civil damages resulting from an act or omission, except as specified. Further provides that a person who furnishes an opioid antagonist for use at the scene of an opioid overdose or suspected opioid overdose is not liable for civil damages resulting from an act or omission, except as specified.

(Adds Health and Safety Code §1799.113)

AB 1283 (Chen) – Pupil Health: Emergency Stock Albuterol Inhalers Authorizes a school district, county office of education, or charter school to provide emergency stock albuterol inhalers, including, if necessary, single-use disposable holding chambers, as specified, to school nurses or trained personnel who have volunteered. Authorizes school nurses or trained personnel to use an emergency stock albuterol inhaler to provide emergency medical aid to persons suffering, or reasonably believed to be suffering, from respiratory distress.

(Adds Education Code §49414.7)

AB 1651 (Sanchez) – Pupil Health: Emergency Medical Care: Epinephrine AutoInjectors CMA Position: Support Requires school districts, county offices of education, and charter schools to store emergency epinephrine auto-injectors in an accessible location upon need for emergency use and include that location in specified annual notices. Extends the definition of “volunteer” and “trained personnel” to include the holder of an Activity Supervisor Clearance Certificate, as specified, who has volunteered to administer epinephrine auto-injectors.

(Amends Education Code §49414)

SB 234 (Portantino) – Opioid Antagonists: Stadiums, Concert Venues, and Amusement Parks Requires each stadium, concert venue, and amusement park to maintain unexpired doses of naloxone hydrochloride or any other opioid antagonist on its premises at all times, and to ensure that at least 2 employees are aware of the location of the naloxone hydrochloride or other opioid antagonist. Exempts from civil or criminal liability a person who, in good faith, administers naloxone hydrochloride or another opioid antagonist by nasal spray or auto-injector on the premises of a stadium, concert venue, or amusement park, other than an act or omission constituting gross negligence or willful or wanton misconduct, except as specified. Creates an exemption from civil or criminal liability toward stadium, concert venue, or amusement park, or its employees, or an entity that owns, occupies, or operates a stadium, concert venue, or amusement park, or its employees, for the administration of naloxone hydrochloride or another opioid antagonist, or the failure to administer naloxone hydrochloride or another opioid antagonist, on the premises of the stadium, concert venue, or amusement park, as provided.

(Adds Health and Safety Code Part 2, Division 10.5, Chapter 16 (commencing with Section 11870))

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REPORTING REQUIREMENTS AB 1417 (Wood) – Elder and Dependent Adult Abuse: Mandated Reporting Requires a mandated reporter to submit a written report within 24 hours to the long-term care ombudsperson and the local law enforcement agency if the abuse that occurred in a long-term facility was allegedly caused by another resident of the facility with dementia diagnosed by a licensed physician and there was no serious bodily injury. In all other instances, reporter must submit a verbal report immediately or as soon as practically possible, but no longer than 2 hours, and to submit a written report within 24 hours to the aforementioned recipients. The time limit for reporting begins when the mandated reporter observes, obtains knowledge of, or suspects abuse or neglect.

(Amends Welfare and Institutions Code §15630)

AB 1740 (Sanchez) – Human Trafficking: Notice: Pediatric Care Facilities CMA Position: Support Requires facilities that provide pediatric care, as defined, to post a notice, as developed by the Department of Justice, that contains information relating to slavery and human trafficking, including information regarding specified nonprofit organizations that a person can call for services or support in the elimination of slavery and human trafficking.

(Amends Civil Code §52.6)

SB 67 (Seyarto) – Controlled Substances: Overdose Reporting Requires a coroner or medical examiner to report individuals who died as the result of an overdose to the overdose mapping application program known as Overdose Detection Mapping Application Program (ODMAP) to track trends in overdose drug usage.

(Amends Health and Safety Code § 11758.03; Adds Health and Safety Code §§ 11758.02 and 11758.04; Repeals Health and Safety Code §11758.06)

SB 779 (Stern) – Primary Care Clinic Data Modernization Act Commencing January 1, 2027, repeals and recasts previous reporting requirements, including, but not limited to, extending their application to intermittent clinics operated by licensed clinics. Establishes specific reporting requirements for specialty clinics. Requires an organization that operates, conducts, owns, or maintains a primary care clinic or intermittent clinic, and its officers, to file specified reports with the Department of Health Care Access and Information for every primary care clinic and every intermittent clinic that it operates, conducts, owns, or maintains, on or before the 15th day of February each year, including, but not limited to, a report of all mergers and acquisitions, a detailed labor report, and a report of quality and equity measures. Requires the department to adopt regulations necessary to implement these reporting requirements and to require the first annual reports to be submitted on or before February 15, 2028, using information relating to the calendar year beginning January 1, 2027.

(Amends and repeals Health and Safety Code §1216; Adds Health and Safety Code §1216.1; Adds Health and Safety Code Part 5, Division 107, Chapter 2 (commencing with Section 128900))

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REPRODUCTIVE ISSUES AB 254 (Bauer-Kahan) – Confidentiality of Medical Information Act: Reproductive or Sexual Health Application Information CMA Position: Support Revises the definition of “medical information” to include reproductive or sexual health application information, which the bill defines to mean information about a consumer’s reproductive or sexual health collected by a reproductive or sexual health digital service, as specified. Requires a business that offers a reproductive or sexual health digital service to a consumer for the purpose of allowing the individual to manage the individual’s information, or for the diagnosis, treatment, or management of a medical condition of the individual, a provider of health care subject to the requirements of the Confidentiality of Medical Information Act (CMIA).

(Amends Civil Code §§56.05 and 56.06)

AB 1194 (Carrillo) – California Privacy Act of 2020: Exemptions: Abortion Services CMA Position: Support States that if a consumer’s personal information contains information related to reproductive health, including contraception, pregnancy, or abortion services, a business is required to comply with the privacy rights of customers under the California Consumer Privacy Act (CCPA). A consumer accessing, procuring, or searching for reproductive health services does not constitute a natural person being at risk or danger of death or serious physical injury and therefore does not count as an exemption to the CCPA. The requirement to comply without regard to the above-described exceptions does not alter the duty to preserve or retain evidence in an ongoing civil proceeding.

(Amends Civil Code §§1798.99.31, 1798.145, and 1798.185)

AB 1707 (Pacheco) – Health Professionals and Facilities: Adverse Actions Based on Another State’s Law CMA Position: Support Adds further protections for reproductive health care providers by prohibiting a healing arts board or health facilities from taking adverse actions, such as, denying staff privileges to, removing from medical staff, or restricting the staff privileges, because of another state’s law restrictions on comprehensive sexual and reproductive health care. Prohibits a healing arts board under the Department of Consumer Affairs from denying an application for a license or imposing discipline upon a licensee or health care practitioner on the basis of a civil judgment, criminal conviction, or disciplinary action in another state that is based on the application of another state’s law that interferes with a person’s right to receive sensitive services, as defined, that would be lawful in California, regardless of the patient’s location.

Prohibits the denial, suspension, revocation, or limitation of a clinic or health facility license based on another states’ hostile law on reproductive health law.

(Adds Business and Professions §§805.9 and 850.1; Adds Health and Safety Code §§1220.1 and 1265.11)

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AB 1720 (Bauer-Kahan) – Clinics: Prenatal Screening CMA Position: Support Specifies the setting in which an ultrasound or similar medical imaging device procedure may be offered.

Imposes a civil penalty for the violation of this provision in the amount of $2,500 for a first offense and $5,000 for each subsequent offense, defined as each ultrasound conducted outside of the specified settings. The practice of a licensed midwife, or a practice of a certified nurse-midwife are exempt from this update.

(Adds Health and Safety Code §§123621 and 123622)

AB 571 (Petrie-Norris) – Medical Malpractice Insurance CMA Position: Co-Sponsored Prohibits an insurer from refusing to issue or renew or terminating professional liability insurance for health care providers, as specified, and from imposing a surcharge or increasing the premium or deductible solely based on any prohibited bases for discrimination, including a health care provider offering or performing abortion, contraception, gender-affirming health care, or care related to those health care services that are lawful in this state but unlawful in another state. Prohibits an insurer from denying coverage for liability for damages arising from offering or performing abortion, contraception, gender-affirming health care, or care related to those health care services, if those services are within the scope of the insured’s license, the services are lawful in the state where they are offered or performed, and the policy would otherwise cover liability for damages arising from performing or rendering other professional services within the insured’s scope of license.

(Adds Insurance Code §11589.1)

AB 904 (Calderon) – Health Care Coverage: Doulas Requires a health care service plan or health insurer, on or before January 1, 2025, to develop a maternal and infant health equity program that addresses racial health disparities in maternal and infant health outcomes through the use of doulas. Medi-Cal managed care plan would satisfy the requirement by providing coverage of doula services so long as doula services are a Medi- Cal covered benefit.

(Adds Health and Safety Code §1367.626; Adds Insurance Code §10123.868)

AB 1203 (Bains) – Sales and Use Taxes: Exemptions: Breast Pumps and Related Supplies CMA Position: Support On or after April 1, 2024, and before April 1, 2029, this bill will exempt taxation on the gross receipts from the sale in California, and the storage, use, or other consumption in this state of, breast pumps, breast pump collection and storage supplies, breast pump kits, and breast pads.

(Adds and repeals Revenue and Taxation Code §6370.2)

AB 1701 (Weber) – Black Infant Health: California Perinatal Equity Initiative CMA Position: Support Expands the Black Infant Health Program to include city health departments for the purpose of improving Black infant birth outcomes and reducing infant mortality.

(Amends Health and Safety Code §§123259 and 123260)

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SB 345 (Skinner) – Health Care Services: Legally Protected Health Care Activities CMA Position: Support Prohibits a healing arts board, as defined, from denying an application for a license or imposing discipline upon a licensee or health care practitioner on the basis of a civil judgment, criminal conviction, or disciplinary action in another state if that judgment, conviction, or disciplinary action is based solely on the application of another state’s law that interferes with a person’s right to receive sensitive services, as defined, that would be lawful if provided in this state, regardless of the patient's location. Additionally, a licensee or health care practitioner acting within their scope of practice for a patient who resides in a state in which the performance, recommendation, or provision of that legally protected health care activity is illegal, does not, by itself, constitute professional misconduct, upon which discipline or other penalty may be taken. “Legally protected health care activity” is defined to mean specified acts, including, among others, the exercise and enjoyment, or attempted exercise and enjoyment, by a person of rights related to reproductive health care services or gender-affirming health care services secured by the Constitution or laws of this state or the provision of by a health care service plan contract or a policy, or a certificate of health insurance, that provides for those services.

(Amends Business and Professions Code §2746.5; Adds Business and Professions Code §§850.1 and 852; Adds Civil Code, Title 1.81.49 (commencing with Section 1798.99.90) and Title 1.81.7 (commencing with Section 1798.300) to Part 4,Division 3; Amends Code of Civil Procedure §§762.020, 872.520, and 1710.50; Amends Education Code §22171; Amends Health and Safety Code §1317.1; Adds Health and Safety Code §123468.5; Repeals Health and Safety Code §123450; Amends Penal Code §§187, 847.5, 1299.02, and 1334.2; Adds Penal Code §§1549.15 and 13778.3; Amends Probate Code §§10954, 15405, and 19507; Amends Welfare and Institutions Code §11486.5)

SB 385 (Atkins) – Physician Assistant Practice Act: Abortion by Aspiration: Training Revises the training requirements to require a physician assistant to achieve clinical competency by successfully completing requisite training, as described, in performing an abortion by aspiration techniques and would remove the requirement that a physician assistant follow certain protocols to receive authority from the physician assistant’s supervising physician and surgeon to perform an abortion by aspiration techniques.

(Amends Business and Professions Code §3502.4; Adds Business and Professions Code §3527.5)

SB 487 (Atkins) – Abortion: Provider Protections CMA Position: Co-Sponsor Adds abortion providers to the existing law that declares another state’s law authorizing a civil action against a person or entity that receives or seeks, performs or induces, or aids or abets the performance of an abortion, or who attempts or intends to engage in those actions, to be contrary to the public policy of this state, and prohibits the application of that law to a controversy in state court and the enforcement or satisfaction of a civil judgment received under that law.

(Amends Health and Safety Code §123467.5; Adds Health and Safety Code §1375.61; Adds Insurance Code §10133.641; Amends Welfare and Institutions Code §14043.6 and 14123)

SB 667 (Dodd) – Healing Arts: Pregnancy and Childbirth Authorizes a certified nurse-midwife, pursuant to policies and protocols that are mutually agreed upon with a physician and surgeon, as specified, to provide a patient with care outside of that scope of services, to provide intrapartum care to a patient who has had a prior cesarean section or surgery that interrupts the myometrium, or to furnish or order a Schedule II or III controlled substance, as specified. Includes care for

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common gynecologic conditions, as specified, in the scope of services a certified nurse-midwife is authorized to perform without policies and protocols that are mutually agreed upon with a physician and surgeon.

(Amends Business and Professions Code §§1209, 2746.5, 2746.51, and 4170; Amends Unemployment Insurance Code §2708)

WORKFORCE & OFFICE SAFETY ISSUES AB 1007 (Ortega) – Occupational Safety and Health Standards: Plume Requires the Division of Occupational Safety and Health to develop and propose regulations requiring a health facility to evacuate or remove plume to the extent technologically feasible through the use of a plume scavenging system in all settings that employ techniques that involve the creation of plume. Requires the division, when developing regulations, to consider recommendations on the evacuation of plume from the federal Occupational Safety and Health Administration and National Institute for Occupational Safety and Health. Requires the board to consider for adoption a proposed regulation by June 1, 2027.

(Adds Labor Code §144.9)

SB 428 (Blakespear) – Temporary Restraining Orders and Protective Orders: Employee Harassment Authorizes any employer whose employee has suffered harassment, as defined, to seek a temporary restraining order and an injunction on behalf of the employee and other employees upon a showing of clear and convincing evidence that an employee has suffered harassment, that great or irreparable harm would result to an employee, and that the respondent’s course of conduct served no legitimate purpose.

Requires an employer seeking such a temporary restraining order to provide the employee whose protection is sought the opportunity to decline to be named in the order before the filing of the petition.

Prohibits a court from issuing such an order to the extent that the order would prohibit speech or activities protected by the federal National Labor Relations Act or specified provisions of law governing the communications of exclusive representatives of public employees.

(Amends, repeals, and adds Civil Code Procedure §527.8)

SB 497 (Smallwood-Cuevas) – Protected Employee Conduct Establishes a rebuttable presumption in favor of an employee’s retaliation claim if an employer engages in any disciplinary behavior, as specified, within 90 days of an employee engaging in specified protected activity and directs recovery of civil penalties for a violation of whistleblower protections to the affected employee.

(Amends Labor Code §§98.6, 1102.5, and 1197.5)

SB 525 (Durazo) – Minimum Wages: Health Care Workers Establishes minimum wage schedules for covered health care employees, as defined, depending on the nature of the employer. Physician groups with fewer than 25 physicians are excluded. for any covered health care facility employer, as defined, with 10,000 or more full-time equivalent employees (FTEE), as defined, any covered health care facility employer that is a part of an integrated health care delivery system or a health care system with 10,000 or more FTEEs, a covered health care facility employer that is a dialysis clinic or is a person that owns, controls, or operates a dialysis clinic, or a covered health facility owned, affiliated, or operated by a county with a population of more than 5,000,000 as of January 1, 2023, require the minimum wage for covered health care employees to be $23 per hour from June 1, 2024, to

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May 31, 2025, inclusive, $24 per hour from June 1, 2025, to May 31, 2026, inclusive, and $25 per hour from June 1, 2026, and until as adjusted as specified.

(Adds Labor Code §§1182.14 and 1182.15)

SB 553 (Cortese) – Occupational Safety: Workplace Violence: Restraining Orders and Workplace Violence Prevention Plan Authorizes a collective bargaining representative of an employee to seek a temporary restraining order and an order after hearing on behalf of the employee and other employees at the workplace. Employers or collective bargaining representative of an employee are required, before filing such a petition, to provide the employee who has suffered unlawful violence or a credible threat of violence from any individual an opportunity to decline to be named in the temporary restraining order. An employee’s request to not be named in the temporary restraining order would not prohibit an employer or collective bargaining representative from seeking a temporary restraining order on behalf of other employees at the workplace, and, if appropriate, other employees at other workplaces of the employer.

(Amends, repeals, and adds Code of Civil Procedure §527.8; Amends Labor Code §6401.7; Adds Labor Code §6401.9)

SB 848 (Rubio) – Employment: Leave for Reproductive Loss Establishes an unlawful employment practice for an employer to refuse to grant a request by an eligible employee to take up to five days of reproductive loss leave following a reproductive loss event, as defined.

Leave must be taken within three months of the event, except as described, and pursuant to any existing leave policy of the employer. If an employee experiences more than one reproductive loss event within a 12-month period, the employer is not obligated to grant a total amount of reproductive loss leave time in excess of 20 days within a 12-month period. In the absence of an existing policy, the reproductive loss leave may be unpaid. Authorizes an employee to use certain other leave balances otherwise available to the employee, including accrued and available paid sick leave.

(Adds Government Code §12945.6)

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