In 2023, the legislature passed hundreds of new laws that impact health care in California, including changes in the State budget. CAFP has compiled a summary of new laws of interest to family physicians and patients that will go into effect in 2024. Below we summarize the Budget changes and most relevant new laws for 2024. You will also find references to other laws that may be of interest in the last section of this document.
BUDGET
The 2023-2024 Budget contains $310.3 billion in total spending, including $225.9 billion from the General Fund. The budget contains $31.7 billion in solutions to close the budget gap and includes a total General Fund Reserves of $37.8 billion.
Major Budget Wins for CAFP:
The 2023-24 budget includes:
Significant New California Laws of Note 2024
REPORTING REQUIRMENTS
AB 1417 (Wood) – Elder and Dependent Adult Abuse: Mandated Reporting
This bill requires a mandated reporter, which can include physicians, to report instances of abuse in long-term care facilities promptly. If the abuse involves a resident with diagnosed dementia (without serious injury), a written report must be submitted by the mandated reporter within 24 hours to the long-term care ombudsperson and local law enforcement. For other abuse cases, a verbal report must be made immediately or within 2 hours, followed by a written report within 24 hours. Physicians’ integral to dementia diagnosis and who practice at long-term care facilities must be aware of these reporting obligations to comply with the law and safeguard vulnerable individuals in long-term care settings.
(Amends Welfare and Institutions Code §15630)
AB 1740 (Sanchez) – Human Trafficking: Notice: Pediatric Care Facilities
CAFP Position: Support
This bill makes it mandatory for healthcare facilities that offer pediatric care to display a notice created by the Department of Justice containing information about slavery and human trafficking. This includes details about specific non-profit organizations that individuals can contact for assistance or support in combating slavery and human trafficking. Physicians residing in healthcare settings providing pediatric care must be aware of this reporting requirement to ensure the healthcare facility where they practice complies, in addition to being aware of organizations to refer potential victims to receive the necessary support services.
(Amends Civil Code §52.6)
SB 67 (Seyarto) – Controlled Substances: Overdose Reporting
This bill 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. The information gathered through ODMAP can help to shape targeted interventions, public health policies, and resources to address substance abuse issues. This information is vital for healthcare professionals to stay informed, collaborate on effective strategies, and ultimately work towards reducing overdose-related fatalities.
(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
CAFP Position: Watch
Starting January 1, 2027, a new law changes reporting rules for healthcare clinics. It now includes intermittent clinics of licensed clinics and sets specific rules for specialty clinics. Organizations running primary care or intermittent clinics must submit detailed reports to the Department of Health Care Access and Information by February 15 each year. Reports cover mergers, labor details, quality and equity measures. This is crucial for physicians to know as it impacts how clinics are managed, involving important aspects like mergers, labor data, and maintaining quality standards in healthcare, ultimately affecting patient care. The Department of Health Care Access and Information is required 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))
HEALTH CARE COVERAGE
SB 770 (Wiener) – Health Care: Unified Health Care Financing
CAFP Position: Support
The bill directs California's Health Secretary to work on a waiver framework with the federal government for a comprehensive healthcare system. This system aims to include medical, behavioral health, pharmaceutical, dental, and vision benefits without cost sharing for essential services. The Secretary must collaborate with stakeholders and submit a report by January 1, 2025, proposing statutory language for federal waivers to establish a unified health care financing system. It's vital for physicians to know as it outlines potential changes to healthcare delivery, impacting the range of benefits and cost-sharing for essential services, shaping the future of healthcare in the state.
(Adds Health and Safety Code Part 4 (commencing with Section 1000) Division 1)
MEDI-CAL
AB 118 (Committee on Budget) – Budget Act of 2023: Health
Starting January 1, 2024, or upon federal approvals, this bill ensures fair reimbursement rates for primary care, obstetric, doula, and outpatient mental health services. The rates will be at least 87.5% of the federal Medicare maximum or the current level, reviewed annually. Funding 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. Medi-Cal managed care plans must reimburse network providers furnishing services at least the amount the network provider would be paid for those services in the Medi-Cal fee- for-service delivery system. Additionally, the Department of Managed Health Care (DMHCS) will consult with the Department of Insurance and interested stakeholders in developing the standard template, disclosure forms, benefit descriptions, and coverage evidence, effective from January 1, 2025. Physicians need to be aware as this impacts reimbursement for their services and introduces standardized information disclosure in healthcare plans.
(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
This bill 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. This bill is important for Physicians to know as these changes impact the financial structure supporting the Medi-Cal program, potentially affecting reimbursement rates and funding availability for healthcare services they provide.
(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))
PROFESSIONAL LICENSING AND LIABILITY
AB 1070(Low)- – Physician Assistants: Physician Supervision: Exceptions
CAFP Position: Oppose Unless Amended
This bill 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 1369 (Bauer-Kahan) – Out-of-State Physicians and Surgeons: Telehealth: License Exemption
CAFP Position: Watch
This bill 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 life-threatening disease or condition, as specified. This bill is important to physicians because the bill expands the scope of telehealth practice and enhances healthcare options for certain patients with urgent medical needs.
(Adds Business and Professions Code §2052.5)
AB 1646 (Nguyen) – Physicians and Surgeons: Postgraduate Training:
Guest Rotations
CAFP Position: Support
This bill 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.
This bill is important for physicians as it amends Section 2065 of the Business and Professions Code, impacting the practice of medicine by postgraduate training licensees, interns, residents, postdoctoral fellows, and instructors. Physicians need to be aware of these changes as they influence the pathway and regulations for medical practice during postgraduate training.
(Business and Professions Code §2065)
SB 143 (Committee on Budget)
This bill 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 just 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. This bill is important to physicians, residents and fellows as it makes changes to post graduate training licenses.
(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)
SB 815 (Roth) – Healing Arts
This bill provides general authority to the Medical Board of California to perform its functions. It also includes provisions for issuing a 3-year nonrenewable license to applicants from the Licensed Physicians and Dentists from Mexico Pilot Program, streamlining certain requirements for Mexican-trained physicians and dentists to practice in underserved areas in California.
The bill also addresses postgraduate training licenses (PTL), mandating medical school graduates to obtain a PTL within 180 days of starting a board-approved program, and ensures that PTLs issued after January 1, 2020, remain valid for 36 months. All successfully completed training in the U.S. or Canada contributes to the postgraduate training requirement for a physician’s and surgeon’s license. The bill also extends the period for applicants with postgraduate training credit to 180 days after starting the program. Additionally, this bill 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 medical license.
This bill introduces several provisions related to complaints against physicians, including mandatory review by medical experts for quality-of-care complaints. It requires opportunities for complainants to provide statements on harm experienced. The bill mandates automatic license suspension and revocation following a felony conviction. Reinstatement for surrendered or revoked licenses involves a 5-year period, with potential modification after 3 years for good cause. The bill rejects early termination petitions and allows the board to establish fees for license reinstatement or penalty modification.
Lastly, this bill 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.
Family physicians should be aware of these changes as they influence licensing, training, and professional conduct.
(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)
WORKFORCE
SB 525 (Durazo) – Minimum Wages: Health Care Workers
CAFP Position: Watch
This bill establishes minimum wage schedules for covered health care employees.Physician groups with fewer than 25 physicians are excluded. For large health acre employers (see Bill for details) the bill requires a minimum wage of $23 per hour beginning June 1, 2024, increasing to $25 per hour beginning June 1, 2026.
(Adds Labor Code §§1182.14 and 1182.15)
OTHER NEW LAWS OF NOTE FOR REFERENCE
HEALTH CARE COVERAGE
SB 421 (Limón) – Health Care Coverage: Cancer Treatment
This bill 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)
SB 496 (Limón) – Biomarker Testing
CAFP Position: Support
This bill 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
CAFP Position: Watch
This bill 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)
HEALTH CARE FACILITIES AND FINANCING
AB 112 (Committee on Budget) – Distressed Hospital Loan Program
This bill 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))
SB 137 (Committee on Budget and Fiscal Review) – Health Omnibus Trailer Bill
This bill authorizes California Health and Human Services Agency to enter into partnerships regarding over-the counter 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)
HEALTH INFORMATION SHARING
AB 352 (Bauer-Kahan) – Health Information
CAFP Position: Support
This bill 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 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
This bill 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)
MANAGED CARE
AB 948 (Berman) – Prescription Drugs
CAFP Position: Support
This bill 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 1481 (Boerner) – Medi-Cal: Presumptive Eligibility
CAFP Position: Watch
This bill 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)
MEDICAL PRACTICE AFFAIRS
AB 360 (Gipson) – Excited Delirium
CAFP Position: Watch
This bill 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
CAFP Position: Watch
This bill 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)
AB 1402 (Dahle) – Medical Evidentiary Examinations: Reimbursement
This bill 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)
MENTAL and BEHAVIORAL HEALTH
AB 665 (Carillo) – Minors: Consent to Mental Health Services
CAFP Position: Support
This bill 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)
AB 816 (Haney D) Minors: consent to medical care.
CAFP Position: Support
This bill 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.
(Amends Family Code § 6929; Adds § 6929.1)
SB 43 (Eggman) – Behavioral Health
CAFP Position: Watch
This bill 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
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)
PRESCRIBING AND DISPENSING
AB 663 (Haney D) Pharmacy: mobile units.
CAFP Position: Support
This bill 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)
AB 1021 (Wicks) – Controlled Substances: Rescheduling
CAFP Position: Watch
This bill 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)
AB 1731 (Santiago D) CURES database: buprenorphine.
CAFP Position: Watch
This bill 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)
SB 786 (Portantino) – Prescription Drug Pricing
CAFP Position: Support
This bill 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))
PROFESSIONAL LICENSING AND LIABILITY
AB 1395 (Garcia) – Licensed Physicians and Dentists from Mexico Pilot Program: Requirements
CAFP Position: Watch
This bill 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 242 (Wood) – Critical Access Hospitals: Employment
CAFP Position: Watch
This bill 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)
AB 470 (Valencia) – Continuing Medical Education: Physicians and Surgeons
CAFP Position: Support
This bill 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)
SB 372 (Menjivar) – Department of Consumer Affairs: Licensee and Registrant Records: Name and Gender Changes
CAFP Position: Support
This bill 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 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)
PUBLIC HEALTH
AB 269 (Berman) – Public Health: COVID-19 Testing and Dispensing Sites
This bill 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
CAFP Position: Support
This bill 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
CAFP Position: Support
This bill 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)
AB 1166 (Bains) – Liability for Opioid Antagonist Administration
CAFP 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
This bill 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 Auto-Injectors
CAFP Position: Support
This bill 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
CAFP Position: Support
This bill 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))
REPRODUCTIVE HEALTH
AB 254 (Bauer-Kahan) – Confidentiality of Medical Information Act: Reproductive or Sexual Health Application Information
CAFP Position: Support
This bill 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
CAFP Position: Support
This bill 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
CAFP Position: Watch
This bill 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)
AB 1720 (Bauer-Kahan) – Clinics: Prenatal Screening
This bill 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
CAFP Position: Support
This bill 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
CAFP Position: Watch
This bill 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
CAFP 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
CAFP Position: Watch
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)
SB 345 (Skinner) – Health Care Services: Legally Protected Health Care Activities
CAFP Position: Watch
This bill 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
CAFP Position: Support
This bill 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
CAFP Position: Watch
This bill 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
CAFP Position: Neutral
This bill 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 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)
TELEHEALTH
AB 1241 (Weber) – Medi-Cal: Telehealth
CAFP Position: Support
This bill 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)
