Healthcare

(1) Existing law, the Medical Practice Act, establishes the Medical Board of California and sets forth its powers and duties relating to the licensure and regulation of physicians and surgeons. Existing law establishes the Osteopathic Medical Board of California and sets forth its powers and duties relating to the licensure and regulation of osteopathic physicians and surgeons consistent with the Osteopathic Act, as specified. This bill would require those boards to require each applicant to furnish a full set of fingerprints for purposes of conducting criminal history record checks. The bill would require the board to submit those fingerprint images and related information to the Department of Justice (DOJ) and would require the DOJ to charge a fee for those costs, as prescribed. Existing law requires medical school graduates, within 180 days after beginning a board-approved postgraduate program, to obtain a physician's and surgeon's postgraduate training license. Existing law requires each application to include either fingerprint cards or a copy of a completed Live Scan form from the applicant in order to establish the identity of the applicant and whether the applicant has a criminal conviction, in accordance with specified provisions. This bill would delete the above provisions on using that information in order to establish the applicant's identity and criminal conviction records. The bill would instead require those boards to submit to the DOJ fingerprint images and related information required by the DOJ of all applicants to determine whether the applicant has a criminal conviction record, as specified. The bill would require the DOJ to provide a state- and federal-level response, as described. Existing law requires each application for a medical license to contain specified information including either fingerprint cards or a copy of a completed Live Scan form from the applicant in order to establish the applicant's identity and criminal conviction records. This bill would delete the above provisions on using that information in order to establish the applicant's identity and criminal conviction records. The bill would instead require those boards to submit to the DOJ fingerprint images and related information required by the DOJ of all applicants to determine whether the applicant has a criminal conviction record, as specified. The bill would require the DOJ to provide a state- and federal-level response, as described. Existing law establishes a process for physicians who are not citizens but who meet certain postgraduate requirements to participate in professional activities of approved medical schools or academic medical centers, subject to completing an application process and submitting the requisite fees established by the board. This bill would require the board to submit to the DOJ fingerprint images and related information to determine if an applicant has a criminal conviction record, as specified. The bill would require the DOJ to provide a state- and federal-level response, as described. Existing law establishes a process for a person who does not immediately qualify for a physician's and surgeon's certificate and who is offered a full-time faculty position at a medical school or academic medical center to be granted a certificate to engage in the practice of medicine. Existing law requires an applicant to submit specified information to the board to qualify for the certificate. This bill would require the board to submit to the DOJ fingerprint images and related information to determine whether an applicant has a criminal conviction record, as specified. The bill would require the DOJ to provide a specified response, as described. Existing law establishes the Licensed Physicians from Mexico Program under which the Medical Board of California is required to issue a 3-year physician and surgeon's license to each licensed physician from Mexico who, among other requirements, passes a board review course with a score equivalent to that registered by United States applicants when passing a board review course for the United States certification examination in each of the physician's specialty areas. This bill would delete that requirement. The bill would also require the board to submit to the DOJ fingerprint images and related information to determine whether an applicant has a criminal conviction record, as specified. The bill would require the DOJ to provide a specified state- and federal-level response, as described. Existing law authorizes a person who meets specified eligibility requirements to apply for a special faculty permit to practice medicine only within a medical school or certain affiliated institution. Existing law requires the application for a special faculty permit to be on a form prescribed by the board and to include specified information regarding the applicant's qualifications. This bill would require the board to submit to the DOJ fingerprint images and related information to determine whether an applicant has a criminal conviction record, as specified. The bill would require the DOJ to provide a specified state- and federal-level response, as described. (2) Existing law, the Licensed Midwifery Practice Act of 1993, provides for the licensure and regulation of midwives by the Medical Board of California in accordance with specified procedures. This bill would require the board to submit to the DOJ fingerprint images and related information to determine whether an applicant has a criminal conviction record, as specified. The bill would require the DOJ to provide a specified state and federal response, as described. (3) Existing law, the Psychology Licensing Law, provides for the licensure and regulation of psychologists by the Board of Psychology. Existing law also establishes a process whereby a person who is registered with the board as a psychological associate may perform psychological functions in preparation for licensure as a psychologist. Existing law further establishes procedures for graduates and students who have completed certain psychoanalysis training to engage in psychoanalysis as an adjunct to teaching, training, or research, subject to meeting certain requirements. Existing law authorizes a person who is registered with the board as a psychological testing technician to administer and score standardized objective psychological and related tests, upon meeting specified application requirements. This bill would require the board to require the above-described applicants for licensure or registration under that law to undergo a fingerprint-based state and national criminal history background check. The bill would require the board to submit to the DOJ fingerprint images and related information for those individuals and would require the department to provide a state- and federal-level response, as described. (4) Existing law requires the Medical Board of California to promulgate regulations regarding qualifications for the registration of individuals as certified polysomnographic technologists, polysomnographic technicians, and polysomnographic trainees, in accordance with certain procedures. Under existing law, an individual seeking registration from the board under these provisions is subject to a state- and federal-level criminal offender record information search conducted through the DOJ, as specified. This bill would revise and recast the above-described criminal information requirements. The bill would require the board to submit to the DOJ fingerprint images and related information to determine whether an applicant has a criminal conviction record, as specified. The bill would also require the department to provide a state- and federal-level response, as described. (5) Existing law establishes the Board of Behavioral Sciences to license and regulate specified professionals, including marriage and family therapists and educational psychologists, among others. Existing law requires the board to keep an accurate record of all applicants for licensure and all individuals to whom it has issued a license. This bill would require the board to require an applicant for a marriage and family therapist licensure, registration as an associate marriage and family therapist, and other specified behavioral sciences professionals to undergo a fingerprint-based state and national criminal history background check. The bill would require the board to submit to the DOJ fingerprint images and related information to determine whether an applicant has a criminal conviction record, as specified. The bill would require the DOJ to provide a state- and federal-level response, as described. (6) Existing law, the Collateral Recovery Act, provides for the licensure and regulation of repossession agencies by the Bureau of Security and Investigative Services. This bill would require the bureau to require each applicant as a repossession agency licensee, qualified certificate holder, or registrant, as defined, to undergo a fingerprint-based state and national criminal history background check. The bill would require the bureau to submit to the DOJ fingerprint images and related information on applicants. The bill would require the DOJ to provide a state- and federal-level response, as prescribed. (7) Existing law, the Private Investigator Act, provides for the licensure and regulation of private investigators by the Bureau of Security and Investigative Services. This bill would require the bureau to require each applicant for a private investigator license and qualified manager, as defined, to undergo a fingerprint-based state and national criminal history background check. The bill would require the bureau to submit to the DOJ fingerprint images and related information on applicants. The bill would require the DOJ to provide a state- and federal-level response, as described. (8) Existing law, the Household Movers Act, provides for the licensure and regulation of household movers, including corporations and persons, as defined, by the Division of Household Movers established within the Bureau of Household Goods and Services. Existing law establishes a process for each applicant under that act to submit to the DOJ fingerprint images and related information as a prerequisite to the issuance of a permit to operate as a household mover. This bill would revise and recast those provisions. The bill would require the bureau to require each applicant for a permit as a household mover, as defined, to undergo a fingerprint-based state and national criminal history background check. The bill would require the bureau to submit to the DOJ fingerprint images and related information for the purposes of obtaining information as to state and federal convictions and arrests, as prescribed. (9) Existing law requires a fingerprint-based criminal history information check that is required pursuant to any statute to be requested from the DOJ. When a government agency or other entity requests such a criminal history check for purposes of employment, licensing, or certification, existing law requires the DOJ to disseminate specified information in response to the request, including information regarding convictions and arrests for which the applicant is presently awaiting trial. Existing law establishes the State Department of Education, under the administration of the Superintendent of Public Instruction, and assigns to it numerous duties relating to the governance and financing of the public elementary and secondary schools of this state. Existing law establishes the California School for the Deaf, Northern California, the California School for the Deaf, Southern California, and the California School for the Blind, known as the state special schools, under the administration of the department, and 3 related diagnostic centers under the administration of the Superintendent, as provided. This bill would authorize the department to require employees, prospective employees, volunteers, contractors, and subcontractors of the department, the state special schools, or the diagnostic centers to undergo a fingerprint-based state and national criminal history background check, as provided. (10) Existing law establishes the California State University, under the administration of the Trustees of the California State University, as one of the segments of public postsecondary education in the state. This bill would authorize the California State University to require employees, prospective employees, volunteers, contractors to undergo a fingerprint-based state and national criminal history background check, as provided. (11) The California Constitution provides that the University of California constitutes a public trust administered by the Regents of the University of California, a corporation in the form of a board, with full powers of organization and government, subject to legislative control only for specified purposes, including, among others, as may be necessary to ensure the security of its funds. This bill would expressly authorize the University of California to require background checks, to be completed by the DOJ as specified, during the final stages of the recruitment process for prospective staff employees, contractors, and volunteers. (12) Existing law requires the sheriff or other specified agency to furnish a classifiable set of fingerprints to the DOJ and to the Federal Bureau of Investigation (FBI) for every peace officer employed, except as provided. This bill would require a law enforcement agency, as defined, to require peace officers and prospective peace officers to undergo a criminal history background check and to submit fingerprint images and related information to the DOJ, as specified. The bill would require the DOJ to provide a state- or federal-level response, as described. By increasing the duties of local law enforcement agencies, this bill would impose a state-mandated local program. (13) Under the Yacht and Ship Brokers Act, the Division of Boating and Waterways in the Department of Parks and Recreation licenses the activities of brokers and salespersons engaged in the buying and selling of yachts and ships, as specified. The act authorizes the division to deny an application or suspend or revoke the license of a yacht broker or yacht salesperson who, within 4 years immediately preceding, has committed any of certain specified acts, including, among others, having been convicted of a felony or any crime involving moral turpitude or withholding information from the department that they at any time have been convicted of a felony or any crime involving moral turpitude. This bill would require the division to require an applicant for a yacht and ship broker or salesperson license to undergo a fingerprint-based state and national criminal history background check, as provided. (14) Existing law requires the DOJ to maintain state summary criminal history information, as defined, and to furnish this information to various state and local government officers, officials, and other prescribed entities, if needed in the course of their duties. Existing law makes it a crime for a person authorized by law to receive state summary criminal history information to knowingly furnish that information to a person who is not authorized to receive it. This bill would require the DOJ to inform the Joint Legislative Budget Committee, the Senate Standing Committee on Public Safety, and the Assembly Public Safety Committee, as specified, within 30 days of determining that a legislative enactment is likely to be needed, for an entity that is authorized to receive criminal history information, to reestablish or retain proper authorization for an applicant population. The bill would additionally prohibit the department from disseminating criminal history information, as specified. By expanding the scope of an existing crime, this bill would impose a state-mandated local program. This bill would require a criminal justice agency to submit fingerprint images and related information for a specified individual to the department if the individual is subject to a state or national criminal history background check, as specified. By expanding the scope of the crime of unlawful disclosure of state summary criminal history information, this bill would impose a state-mandated local program. This bill would require certain government entities, including, among others, the California State Summer School for the Arts and the Department of Fish and Wildlife, to submit fingerprint images and related information for various persons, including employees or prospective employees, to the DOJ, if the employees are subject to a state and national criminal history background check, as specified. The bill would also require a law enforcement agency, if it performs a background check, to submit fingerprint images and related information for a retiring or retired peace officer seeking an endorsement for the officer to carry a concealed and loaded firearm. (15) Existing law requires the DOJ to provide subsequent state or federal arrest or disposition notification to the State Department of Social Services, the Medical Board of California, the Osteopathic Medical Board of California, and other authorized entities to assist in, among other things, fulfilling employment, licensing, or certification duties. Existing law requires an entity, other than a law enforcement agency, as defined, to enter into a contract with the DOJ in order to receive notification of subsequent state or federal arrests or dispositions for licensing, employment, or certification purposes. Commencing January 1, 2028, this bill would no longer exempt law enforcement agencies from the contract requirement. Commencing January 1, 2028, the bill would also require authorized entities for each volunteer, as specified, to verify no less than every 6 months that the person is still a volunteer with the entity. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. (17) This bill would, for the 2025–26 fiscal year, appropriate the sum of $10,000 to the DOJ for purposes of administering the above-described fingerprint requirements. (18) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

Existing law, the Pharmacy Law, establishes, in the Department of Consumer Affairs, the California State Board of Pharmacy to license and regulate the practice of pharmacy. Existing law authorizes a physician and surgeon, nurse practitioner, registered nurse, and specified other health care practitioners acting within the scope of their practice to use a self-screening tool to identify patient risk factors for the use of self-administered hormonal contraceptives by a patient and, after examination, to prescribe, furnish, or dispense self-administered hormonal contraceptives to the patient. This bill would, instead, make those provisions applicable to contraceptives. Existing law authorizes a pharmacist to furnish self-administered hormonal contraceptives in accordance with standardized procedures or protocols developed and approved by both the California State Board of Pharmacy and the Medical Board of California, in consultation with specified other entities. This bill would authorize a pharmacist to also furnish federal Food and Drug Administration-approved nonhormonal contraceptives in accordance with those standardized procedures or protocols. The bill would require a pharmacist, for each federal Food and Drug Administration-approved nonhormonal contraceptives initiated, to provide the recipient with a standardized fact sheet, as specified. Existing law prohibits a pharmacist, pharmacist's employer, or pharmacist's agent from directly charging a patient a separate consultation fee for emergency contraception drug therapy services and requires the pharmacist to disclose the total retail price of the emergency contraception drug therapy. Existing law makes those provisions inoperative for dedicated emergency contraception drugs if these drugs are reclassified as over-the-counter products by the federal Food and Drug Administration. This bill would delete those provisions. Existing law requires a pharmacist to dispense, at a patient's request, up to a 12-month supply of an FDA-approved, self-administered hormonal contraceptive. This bill would, instead, make those provisions applicable to contraceptives. This bill would make related conforming changes.

Existing law authorizes the court to grant pretrial diversion to a defendant diagnosed with a mental disorder if the defendant satisfies certain eligibility requirements and if the court determines that the defendant is suitable for diversion. Existing law defines "pretrial diversion" as the postponement of prosecution to allow the defendant to undergo mental health treatment, subject to certain requirements, such as the court is satisfied that the recommended program will meet the specialized needs of the defendant, among others. Existing law provides that a defendant is suitable for pretrial diversion if certain criteria are met, including that the defendant agrees to comply with the treatment as a condition of diversion and they will not pose an unreasonable risk of danger to public safety, among others. Existing law defines "unreasonable risk of danger to public safety" as an unreasonable risk that the defendant will commit a new violent felony, as specified. This bill would additionally require that the defendant agree that the recommended treatment plan will meet their specialized needs and would redefine "pretrial diversion" to require that the court is also satisfied that the recommended program is consistent with the underlying purpose of mental health diversion, as described. The bill would state that, notwithstanding the court's determination whether a defendant may pose an unreasonable risk that the defendant will commit a new violent felony, the court retains discretion to deny pretrial diversion if it concludes that the defendant poses an unreasonable risk to the physical safety of another.

Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care. Existing law provides for the regulation of health insurers by the Department of Insurance. Existing law generally requires a health care service plan contract or a health insurance policy issued, amended, or renewed on or after January 1, 2022, to provide coverage without cost sharing for a colorectal cancer screening test assigned either a grade of A or a grade of B by the United States Preventive Services Task Force and for a required colonoscopy for a positive result on a test with those grades. This bill would additionally require that coverage if the screening test is approved by the United States Food and Drug Administration and either meets requirements for coverage established by the federal Centers for Medicare and Medicaid Services, as specified, or is included in the most recently published guidelines from the American Cancer Society.

Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care, and makes a willful violation of the act a crime. Existing law provides for the regulation of health insurers by the Department of Insurance. Existing law requires specified health care service plans and health insurers to publish and maintain a provider directory or directories with information on contracting providers that deliver health care services to enrollees or insureds, and requires a health care service plan or health insurer to regularly update its printed and online provider directory or directories, as specified. Existing law requires provider directories to include specified information and disclosures. This bill would require a full service health care service plan, specialized mental health or dental plan, health insurer, or specialized mental health or dental insurer to include in its provider directory or directories a statement advising an enrollee or insured to contact the plan or insurer for assistance finding an in-network provider and for an explanation of their rights regarding out-of-network coverage, and would specify the format of the statement. The bill would require the plan or insurer to acknowledge the request within one business day if contacted for that assistance, and to provide a list of in-network providers confirmed to be accepting new patients within 2 business days for a request deemed urgent by the enrollee or insured and 5 business days for a request deemed nonurgent by an enrollee or insured. Because a violation of these provisions by a health care service plan would be a crime, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law prohibits, except as specified, a person from performing a clinical laboratory test or examination classified as of moderate or high complexity under the federal Clinical Laboratory Improvement Amendments of 1988 (CLIA) unless the test or examination is performed under the overall operation and administration of the laboratory director, as specified. A violation of these provisions is a crime. Existing law authorizes unlicensed laboratory personnel who have earned a high school diploma or its equivalent and who meet specified training requirements to perform specified activities under the supervision and control of a physician and surgeon or licensed person. This bill would authorize a person to assist, as defined, in the performance of moderate or high complexity testing in a clinical laboratory if the person, in addition to the above requirements, meets the requirements under CLIA for moderate or high complexity testing. Prior to assisting in the performance of the specified activities, the bill would require the person, under direct and constant supervision, to demonstrate the skills and ability to satisfactorily perform the task. The bill would require the laboratory director to designate the supervisor and to maintain overall responsibility for the supervision and performance of the unlicensed laboratory personnel. By expanding the application of an existing crime, this bill would create a state-mandated local program. This bill would define supervision and control, as used above, to mean direction, management, and awareness of the activity of unlicensed laboratory personnel by a physician and surgeon or licensed person, who must be physically present in the laboratory and readily available for consultation during the entire time that the unlicensed laboratory personnel are engaged in the duties. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care, and makes a willful violation of the act a crime. Existing law provides for the regulation of health insurers by the Department of Insurance. Existing law generally authorizes a health care service plan or health insurer to use prior authorization and other utilization management functions, under which a licensed physician or a licensed health care professional who is competent to evaluate specific clinical issues may approve, modify, delay, or deny requests for health care services based on medical necessity. Existing law requires health care service plan contracts and health insurance policies that provide hospital, medical, or surgical coverage and are issued, amended, or renewed on or after January 1, 2021, to provide coverage for medically necessary treatment of mental health and substance use disorders under the same terms and conditions applied to other medical conditions, as specified. On and after January 1, 2027, this bill would prohibit concurrent or retrospective review of medical necessity of in-network health care services and benefits (1) for the first 28 days of a treatment plan for inpatient or residential substance use disorder stay at a specified licensed facility during each plan or policy year or (2) for outpatient services provided by specified certified programs for substance use disorder visits, except as specified. The bill would authorize, after the 29th day, in-network health care services and benefits for inpatient or residential substance use disorder care to be subject to concurrent review. On and after January 1, 2027, the bill would prohibit retrospective review of medical necessity for the first 28 days of intensive outpatient or partial hospitalization services for substance use disorder, but would authorize concurrent or retrospective review for day 29 and days thereafter of that stay or service. With respect to health care service plans, the bill would specify that its provisions do not apply to Medi-Cal behavioral health delivery systems or Medi-Cal managed care plan contracts. Because a willful violation of the bill's requirements by a health care service plan would be a crime, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law, the Mello-Granlund Older Californians Act, establishes, among others, the California Department of Aging in the California Health and Human Services Agency, also known as CalHHS and headed by the Secretary of CalHHS, and sets forth its mission to provide leadership to the area agencies on aging in developing systems of home- and community-based services that maintain individuals in their own homes or least restrictive homelike environments. Existing law provides for the licensure and regulation of long-term health care facilities, including skilled nursing facilities and intermediate care facilities, by the State Department of Public Health. Existing law requires, among other things, the department to administer the Aging and Disability Resource Connection (ADRC) program. No later than July 1, 2026, this bill would require the Secretary of CalHHS, in coordination with various state departments, offices, and other entities, as specified, to develop a working group to make recommendations regarding the evacuation and sheltering needs of older adults and persons with disabilities living in long-term care facilities during natural, technological, or manmade disasters and emergencies. The bill would require the Secretary of CalHHS to submit the recommendations no later than July 1, 2027, and would repeal that requirement on January 1, 2030.

Existing law creates the California Health Benefit Exchange (Exchange) , also known as Covered California, to facilitate the enrollment of qualified individuals and qualified small employers in qualified health plans as required under the federal Patient Protection and Affordable Care Act. Existing law requires the Exchange to enroll an individual in the lowest cost silver plan or another plan, as specified, upon receiving the individual's electronic account from an insurance affordability program. Existing law requires enrollment to occur before coverage through the insurance affordability program is terminated, and prohibits the premium due date from being sooner than the last day of the first month of enrollment. This bill would, commencing July 1, 2026, additionally authorize the Exchange to enroll an individual in the plan in which other members of the individual's household are enrolled, as specified, or the lowest cost plan available to an Indian who is eligible for specified reduced cost sharing, as determined by the Exchange, and would require the Exchange to enroll an individual in any of the plans described above upon receipt of a complete application for an insurance affordability program submitted through the Statewide Automated Welfare System. The bill would require the Exchange to enroll the individual either before coverage through the insurance affordability program is terminated as described above or upon the receipt of a complete application for an insurance affordability program through the Statewide Automated Welfare System as described above. Existing law requires the Exchange to provide an individual who is enrolled in a plan described above with a notice that includes specified information, including a statement that services received during the first month of enrollment will only be covered by the plan if the premium is paid by the due date. This bill would require the Exchange to provide the notice described above prior to the individual's effective date of coverage, and to provide, instead of the statement described above, instructions on how to effectuate coverage in the selected plan, including by paying the premium on or before the due date, or, if there is no premium due, instructions on how to opt into the selected plan.

Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income individuals receive health care services, through fee-for-service or managed care delivery systems. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Under existing Medi-Cal provisions, behavioral health services, including specialty mental health services and substance use disorder treatment, are provided under the Medi-Cal Specialty Mental Health Services Program, the Drug Medi-Cal Treatment Program, and the Drug Medi-Cal organized delivery system (DMC-ODS) program, as specified. This bill would require each Medi-Cal managed care plan, county specialty mental health plan, Drug Medi-Cal certified program, and DMC-ODS program to electronically provide data for members of the respective entities to support member care. The bill would require the department to determine minimum data elements and the frequency and format of data sharing through a stakeholder process and guidance, with final guidance to be published by the department by January 1, 2027, in compliance with privacy laws.