Asm. Evan Low

Existing law, the Pharmacy Law, provides for the licensure and regulation of pharmacists by the California State Board of Pharmacy. Existing law authorizes a pharmacist to furnish at least a 30-day supply of HIV preexposure prophylaxis, and up to a 60-day supply of those drugs if certain conditions are met. Existing law also authorizes a pharmacist to furnish postexposure prophylaxis to a patient if certain conditions are met. This bill would authorize a pharmacist to furnish up to a 90-day course of preexposure prophylaxis, or preexposure prophylaxis beyond a 90-day course, if specified conditions are met. The bill would require the California State Board of Pharmacy to adopt emergency regulations to implement these provisions by October 31, 2024. 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 also provides for the regulation of health insurers by the Department of Insurance. Existing law prohibits a health care service plan or health insurer from covering preexposure prophylaxis that has been furnished by a pharmacist in excess of a 60-day supply once every 2 years, except as specified. Existing law provides for the Medi-Cal program administered by the State Department of Health Care Services and under which qualified low-income individuals receive health care services pursuant to a schedule of benefits. The existing schedule of benefits includes coverage for preexposure prophylaxis as pharmacist services, limited to no more than a 60-day supply furnished by a pharmacist once every 2 years, and includes coverage for postexposure prophylaxis, subject to approval by the federal Centers for Medicare and Medicaid Services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. This bill would require a health care service plan and health insurer to cover preexposure prophylaxis and postexposure prophylaxis furnished by a pharmacist, including the pharmacist's services and related testing ordered by the pharmacist, and to pay or reimburse for the service performed by a pharmacist at an in-network pharmacy or a pharmacist at an out-of-network pharmacy if the health care service plan or health insurer has an out-of-network pharmacy benefit, except as specified. The bill would include preexposure prophylaxis furnished by a pharmacist as pharmacist services on the Medi-Cal schedule of benefits. Because a willful violation of these provisions by a health care service plan would be a crime, this 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. This bill would declare that it is to take effect immediately as an urgency statute.

Existing law states that it is the policy of the state that the workweek of the state employee shall be 40 hours and the workday of state employees 8 hours, except as specified. This bill would require the Government Operations Agency, in consultation with the Department of Human Resources, to evaluate how a 4-day workweek, including, but not limited to, a 32-hour workweek, can be implemented for state employees to improve their quality of work, health, and lifestyle. The bill would require the Government Operations Agency, on or before January 1, 2026, to prepare and submit to the Legislature a report on its evaluation, as prescribed.

Existing law, the Medical Practice Act, establishes the Medical Board of California within the Department of Consumer Affairs and sets forth its powers and duties relating to the licensure and regulation of physicians and surgeons. Existing law prohibits a person from using the words "doctor" or "physician," the letters or prefix "Dr.," the initials "M.D.," or any other terms or letters indicating or implying that the person is a physician and surgeon, physician, surgeon, or practitioner, unless the person has been issued a physician's and surgeon's certificate by the board, and makes a violation of these provisions a crime. This bill would specifically prohibit a person who has earned a Master of Divinity from displaying the title "MDiv" or "M.D.i.v." in a communication or advertisement relating to the person's practice unless the title is clearly distinguishable from the title "MD" or "M.D." The bill would provide that prohibited displays include, but are not limited to, using different colors, fonts, or font sizes in a way that makes the "MD" or "M.D." more prominent than the "iv" or "i.v." The bill would specify that a person who violates this provision is not subject to criminal penalties, as specified.

State law, repealed as of January 1, 2018, required a court to impose an additional term of imprisonment, as specified, on any person who takes, damages, or destroys any property in the commission or attempted commission of a felony, as specified. This bill would, until January 1, 2028, authorize the court, if a person takes, damages, or destroys property in the commission or attempted commission of a felony, with the intent to cause that taking, damage, or destruction, to impose an additional term of imprisonment of up to 2 years if the property loss exceeds $275,000, an additional term of imprisonment of up to 3 years if the property loss exceeds $1,750,000, or an additional term of imprisonment of up to 4 years if the property loss exceeds $4,400,000. Existing law provides for enhanced penalties against a person who commits 2 or more related felonies, a material element of which is fraud or embezzlement, that involve a pattern of related felony conduct, and the pattern of related felony conduct involves the taking or loss of more than $100,000. Existing law makes the additional punishment, if it involves the taking or loss of more than $500,000, a term of 2, 3, or 5 years in the state prison. Existing law, until January 1, 2018, due to an obsolete cross-reference to the repealed provisions described above, made the additional punishment, if it involves a taking or loss of more than $100,000 but less than $500,000, punishable by 2 years in the state prison if the loss was more than $200,000, and one year if the loss was less than that. This bill would remove that obsolete cross-reference and make that additional punishment equal to 2 years in the state prison. Because this bill would increase the penalty for existing felonies, it 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.

The Donahoe Higher Education Act sets forth the missions and functions of California's public segments of higher education and their respective institutions of higher education. The California State University, under the administration of the Trustees of the California State University, and the University of California, under the administration of the Regents of the University of California, are 2 of the segments. Provisions of the act apply to the University of California only to the extent that the Regents of the University of California act, by appropriate resolution, to make them applicable. This bill, commencing with the 2024–25 academic year, would require each California State University campus, and, if the Regents of the University of California adopt an appropriation resolution, each University of California campus to provide on its internet website information on service learning programs and opportunities for undergraduate students. The bill, commencing with students graduating in the 2032–33 academic year, would require the California State University and, if the Regents of the University of California adopt an appropriate resolution, the University of California to require, as an undergraduate graduation requirement, the completion of service learning, as provided.

Existing law, the Knox-Keene Health Care Service Plan Act of 1975, establishes the Department of Managed Health Care to ensure that health care service plans provide enrollees with access to quality health care services and to protect and promote the interests of enrollees. This bill would require the department to create a report that, among other things, examines and analyzes limitations to employee access to behavioral health for employee assistance programs, as defined, and makes related findings and recommendations. The bill would require the department to issue the report to specified members and committees of the Legislature and to post the report on the department's public internet website no later than June 30, 2024.

The California Constitution entitles the victim of a crime to restitution. Existing law requires the court in each criminal case to order a convicted defendant to pay restitution, as specified. Existing law requires the order of restitution to include interest at the annual rate of 10%. Under existing law, certain delinquent payments, including payments for fines, fees, and restitution, may be referred to the Franchise Tax Board for collection. Existing law imposes interest on these delinquent payments. This bill would change the annual interest rate on restitution orders and the annual interest rate charged by the Franchise Tax Board on certain delinquent payments, including fines, fees, and restitution, to no more than 1%.

(1) Existing law, the Safe Neighborhoods and Schools Act, enacted by Proposition 47, as approved by the voters at the November 4, 2014, statewide general election, defines and prohibits an act of shoplifting and prohibits prosecution for an act of shoplifting under any other law. This bill would refine the definition of shoplifting and would specifically exclude certain offenses from prosecution as shoplifting, including, among others, the theft of a firearm or vehicle, identity theft, and credit card fraud. (2) Existing law requires, except as excluded, the theft of any property valued below $950 to be charged as petty theft, a misdemeanor. This bill would similarly exclude certain offenses from this provision, including, among others, the theft of a vehicle, identity theft, and credit card fraud. (3) Existing law provides that a person with a prior conviction for specified sex offenses may be charged with a felony for shoplifting or for theft of property not exceeding $950 in value. This bill would require a person convicted of petty theft or shoplifting, if the person has 2 or more prior convictions for specified theft-related offenses, to be punished by imprisonment in the county jail for up to one year, or for 16 months, or 2 or 3 years. (4) Existing law, until January 1, 2026, authorizes a city or county prosecuting authority or county probation department to create a diversion or deferred entry of judgment program pursuant to this section for persons who commit a theft offense or repeat theft offenses, as specified. This bill would authorize a city or county prosecuting authority or county probation department to create a diversion program for persons who commit theft or repeat theft offenses, as specified. (5) This bill would provide that the provisions of the bill that amend Proposition 47 would become effective only upon approval of the voters, and would provide for the submission of those provisions to the voters for approval at the next statewide general election.