Existing law generally requires the licensure and regulation of various health care facilities, including, among others, a hospice facility. The Compassionate Use Act of 1996, an initiative measure enacted by the approval of Proposition 215 at the November 5, 1996, statewide general election, prohibits specified criminal penalties from being imposed on a patient or a patient's primary caregiver who possesses or cultivates cannabis for the personal medical purposes of the patient upon the written or oral recommendation or approval of a physician. Existing law, known as the Medical Marijuana Program, requires counties to administer an identification card program for qualified patients and provides immunity from arrest to qualified patients with a valid identification card or designated primary caregivers, within prescribed limits. This bill, the Compassionate Access to Medical Cannabis Act or Ryan's Law, would require specified types of health care facilities to allow a terminally ill patient's use of medicinal cannabis within the health care facility, subject to certain restrictions. The bill would require a patient to provide the health care facility with a copy of their medical marijuana card or written documentation that the use of medicinal cannabis is recommended by a physician. The bill would require a health care facility to reasonably restrict the manner in which a patient stores and uses medicinal cannabis to ensure the safety of other patients, guests, and employees of the health care facility, compliance with other state laws, and the safe operations of the health care facility. The bill would provide that compliance with the bill would not be a condition for obtaining, retaining, or renewing a license as a health care facility. The bill would require that health care facilities permitting patient use of medical cannabis comply with other drug and medication requirements, as specified, and would make those facilities subject to enforcement actions by the State Department of Public Health. The bill would authorize a health care facility to suspend compliance with these provisions if a regulatory agency, the United States Department of Justice, or the federal Centers for Medicare and Medicaid Services takes specified actions, including initiating an enforcement action against a health care facility related to the facility's compliance with a state-regulated medical marijuana program.
Sponsored bills
(1) Existing law establishes the State Department of Public Health (department) to implement various programs throughout the state relating to public health, including licensing and regulating health facilities and control of infectious diseases. Existing law requires the department and the Office of Emergency Services, in coordination with other state agencies, to, upon appropriation and as necessary, establish a personal protective equipment (PPE) stockpile. Existing law requires the department to establish guidelines for the procurement, management, and distribution of PPE, taking into account, among other things, the amount of each type of PPE that would be required for all health care workers and essential workers, as defined, in the state during a 90-day pandemic or other health emergency. This bill would specifically include wildfire smoke events among health emergencies for these purposes. The bill would include agricultural workers, as defined, in the definition of essential workers. Existing law also establishes the Personal Protective Equipment Advisory Committee (committee) , consisting of representatives from, among other groups, an association representing skilled nursing facilities, a statewide association representing physicians, 2 representatives of labor organizations that represent health care workers, and 2 representatives of labor organizations that represent essential workers, as defined, to make recommendations to the department for the development of guidelines for the procurement, management, and distribution of PPE, as specified. This bill would require the committee to include a representative of a labor organization representing agricultural workers and a representative of an organization that represents agricultural employers. The bill would also require the department to report to the Legislature regarding the PPE stockpile within 6 months of the effective date of these provisions. (2) Existing law establishes the Division of Occupational Safety and Health and the Occupational Safety and Health Standards Board within the Department of Industrial Relations and sets forth their powers and duties relating to the adoption of health and safety standards for workers. Under existing law, certain violations of a standard, order, or special order pursuant to these provisions are crimes. Existing regulations of the division protect employees exposed to wildfire smoke and include control by respiratory protective equipment among the methods to control harmful exposure. This bill would require the division to review and update the contents of the protection from wildfire smoke training and thereafter post it on its internet website. The bill would require that training provided by the employer is required to be in a language and manner readily understandable by employees, taking into account their ethnic and cultural backgrounds and education levels, including the use of pictograms, as necessary. Because a violation of certain safety and health standards or orders constitutes 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 provides for state cooperation with the federal government in the construction of specified flood control projects. For certain flood control projects authorized on or after January 1, 2002, or for which specified findings have been made on or after that date, existing law requires the state to pay 50% of specified nonfederal costs. Existing law authorizes the state to pay up to 70% of those nonfederal costs upon the recommendation of the Department of Water Resources or the Central Valley Flood Protection Board if either entity determines that the project will advance one of several objectives. Existing law authorizes the state to provide the above-described funds to the Counties of Monterey and Santa Cruz, or to local agencies in those counties, for the project for flood control on the Pajaro River in the Counties of Monterey and Santa Cruz, as specified. This bill would authorize, upon certain conditions, the state to provide up to 100% of the costs to the Counties of Monterey and Santa Cruz, or to local agencies in those counties, for the project for flood control on the Pajaro River in the Counties of Monterey and Santa Cruz. This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Monterey and Santa Cruz.
(1) Existing law provides for the implementation of the resource family approval process, which replaces the multiple processes for licensing foster family homes, certifying foster homes by foster family agencies, approving relatives and nonrelative extended family members as foster care providers, and approving guardians and adoptive families. Existing law requires the State Department of Social Services to provide a statewide fair hearing process for application denials, rescissions of approval, exclusion actions, or criminal record exemption denials or rescissions by a county or the department. Under existing law, a county's action on an approval is final, or for matters set before the State Hearings Division, an action is subject to dismissal, if the resource family, applicant, excluded individual, or individual who is the subject of a criminal record exemption denial or rescission does not file a timely appeal. This bill would remove the reference to the action before the State Hearings Division being dismissed, and instead, provide that in a matter before the State Hearings Division, an appeal shall be subject to dismissal if an appeal to the notice of action or exclusion order is not filed within the prescribed time. The bill would also make the county's action final, and the appeal before the State Hearings Division subject to dismissal, if the resource family, applicant, excluded individual, or individual who is the subject of a criminal record exemption denial or rescission withdraws the appeal or fails to appear at the hearing without good cause. Under the bill, good cause for failure to appear at the hearing would be as defined by the department in specified written directives or regulation Existing law authorizes the department to permanently exclude a resource family parent, applicant, or other individual from presence in any resource family home, from employment in, presence in, and contact with clients of, any facility licensed by the department or certified or approved by a licensed foster family agency, and from holding certain positions with a licensee of any licensed facility, for specified reasons. This bill would require a temporary exclusion of an individual following a county's denial of an application for resource family approval, rescission of approval, or denial or rescission of a criminal record exemption to only be imposed as set forth in certain written directives or regulations adopted by the department. To the extent the bill would impose new duties on counties, the bill would impose a state-mandated local program. Existing law authorizes the department, upon a finding of noncompliance with the law governing resource families, to require a foster family agency to deny a resource family application, rescind the approval of a resource family, or take other action deemed necessary for the protection of a child who is or who may be placed with the resource family. This bill would repeal those provisions. This bill would authorize a county and the department to coordinate the filing of actions related to resource families, file consolidated pleadings, or file a motion to consolidate multiple actions if a matter involves both a county and department action. (2) Existing federal law, the Indian Child Welfare Act (ICWA) , governs the proceedings for determining the placement of an Indian child when that child is removed from the custody of the child's parent or guardian. Existing law requires counties to implement the resource family approval process and authorizes a federally recognized tribe to approve a home for the purpose of foster or adoptive placement of an Indian child pursuant to the ICWA. Existing law authorizes a tribal agency to request from the Department of Justice criminal history information when evaluating a tribal home for the placement of an Indian child into foster or adoptive care. Existing law requires that a tribal agency submit fingerprint images and related information for specified individuals for the purpose of obtaining information regarding the existence and contents of an individual's state and federal criminal record, including arrests, convictions, and matters pending trial or appeal. The bill would instead require a tribe or tribal organization, when licensing or approving a home for the purpose of foster or adoptive placement of an Indian child, to submit fingerprint images and related information to the department for the type and level of background check required for an adoption and would require the department to provide a state and federal level response to the tribe or tribal organization that includes background check information that is required for an adoption. (3) Existing law establishes the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, under which counties provide payments to foster care providers on behalf of qualified children in foster care. Existing law requires the State Department of Social Services to administer a state system for establishing rates in the AFDC-FC program. Existing law requires the department to implement a rate structure that is effective through December 31, 2021, for specified rates paid to certified family homes of a foster family agency and short-term residential therapeutic programs. This bill would provide a one-year extension for the payments of those rates. Existing law requires the State Department of Social Services to implement intensive treatment foster care programs for eligible children and exempts the rates for these programs from the current AFDC-FC foster family agency ratesetting system. Existing law requires the department from January 1, 2017, to December 31, 2021, inclusive, to implement an interim rate structure to reflect the appropriate level of placement and address the need for specialized health care, support services, and mental health treatment services for foster children served in these programs. Existing law provides the method to calculate current rates for these programs. This bill would extend the operation of this interim rate structure through December 31, 2022. (4) Existing law subjects a minor between 12 and 17 years of age, inclusive, who violates any federal, state, or local law or ordinance, who persistently or habitually refuses to obey the reasonable and proper orders or directions of the minor's parents, guardian, or custodian, or who is beyond the control of that person, who violates an ordinance establishing a curfew or is truant, and a minor under 12 years of age who is alleged to have committed specified serious offenses to, the jurisdiction of the juvenile court, which may adjudge the minor to be a ward of the court. Existing law authorizes a probation agency to make an emergency placement of a minor ordered into its care, custody, and control with a relative or nonrelative extended family member after specified requirements are completed, including an in-home inspection and a criminal records check of any person over 18 years of age living in the emergency home. Existing law provides for the temporary or emergency placement of children and nonminor dependents with relative caregivers or nonrelative extended family members under specified circumstances. Existing law requires counties to provide a payment to an emergency caregiver that is equivalent to the resource family basic level rate if, among other things, the child or nonminor dependent is not otherwise eligible for AFDC-FC or the Approved Relative Caregiver Funding Program while placed in the home of the emergency caregiver and the emergency caregiver has completed an application for resource family approval or the tribe or tribal agency has initiated the process for the home to become tribally approved. This bill would additionally require counties to provide this payment to an emergency caregiver on behalf of a ward placed in the home of the emergency caregiver, subject to the same requirements. By expanding the duties of counties under these provisions, this bill would impose a state-mandated local program. (5) This bill would incorporate additional changes to Section 11461.36 of the Welfare and Institutions Code proposed by SB 354 to be operative only if this bill and SB 354 are enacted and this bill is enacted last. (6) 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 prescribes procedures, including the election of a board of directors, for the formation of regional park districts, regional park and open-space districts, or regional open-space districts. Existing law authorizes 3 or more cities, together with any parcel or parcels of city or county territory, whether in the same or different counties, to organize and incorporate, but requires that all the territory in the proposed district be contiguous. Existing law requires the board of directors to superintend, control, and make available to all the inhabitants of the district all public recreation lands and facilities, as provided. Existing law requires the board of directors to act only by ordinance, resolution, or a motion duly recorded in the minutes of a meeting of the board. This bill would authorize the board of directors of a district, by ordinance, to declare that an encroachment onto district lands constitutes a nuisance. The bill would authorize a district that adopts such a nuisance ordinance to establish a nuisance abatement procedure, which would include notice and hearing requirements, and to collect abatement and related administrative costs and penalties, including through a nuisance abatement lien, as specified. The bill would authorize a county recorder to impose a fee on a district to reimburse the costs of processing and recording a nuisance abatement lien and providing notice. The bill would additionally authorize a district to initiate a civil action to abate a nuisance in the name of the district, as specified. Existing law provides that a violation of an ordinance, rule, or regulation adopted by the board of directors of a district is a misdemeanor punishable by a fine or imprisonment in the county jail, as provided. This bill would provide that the above provision does not apply to a violation of an ordinance adopted pursuant to the bill's provisions.
Existing law subjects a minor between 12 and 17 years of age, inclusive, who violates any federal, state, or local law or ordinance to, and a minor under 12 years of age who is alleged to have committed specified serious offenses to the jurisdiction of the juvenile court, which may adjudge the minor to be a ward of the court. Existing law authorizes the district attorney to make a motion to transfer a minor from juvenile court to a court of criminal jurisdiction in a case in which a minor is alleged to have committed a felony when the minor was 16 years of age or older, or in a case in which a specified serious offense is alleged to have been committed by a minor when the minor was 14 or 15 years of age, but the minor was not apprehended prior to the end of juvenile court jurisdiction. This bill would make an order transferring a minor from a juvenile court to a court of criminal jurisdiction subject to appeal. This bill would require an order transferring a minor from the juvenile court to a court of criminal jurisdiction to be subject to immediate appellate review if a notice of appeal is filed within 30 days of the order transferring the minor. The bill would, upon request of the minor, require the superior court to issue a stay of the criminal court proceedings until a final determination of the appeal. The bill would require the appeal to have precedence in the court to which the appeal is taken and to be determined as soon as practicable after the notice of appeal is filed. The bill would require the Judicial Council to adopt rules of court, as specified.
Existing law authorizes, until January 1, 2022, the Counties of Alameda, Butte, Napa, Nevada, Santa Clara, and Ventura to establish a pilot program to operate a deferred entry of judgment program for eligible defendants. Existing law authorizes a defendant to participate in the program within the county's juvenile hall if that person is charged with committing a felony offense, except as specified, pleads guilty to the charge or charges, and the probation department determines that the person meets prescribed requirements, including that the defendant meets the age requirements. Existing law requires each participating county to establish a multidisciplinary team to meet periodically to review and discuss the implementation, practices, and impact of the program, and to submit data on the pilot program to the Board of State and Community Corrections. Existing law requires the board to conduct an evaluation of the pilot program's impact and effectiveness, as specified, and would require, no later than December 31, 2020, the evaluation to be combined into a comprehensive report and submitted to the Assembly and Senate Committees on Public Safety. This bill would extend the pilot program to January 1, 2024, and would instead require, no later than December 31, 2022, the above-specified comprehensive report to be submitted to the Assembly and Senate Committees on Public Safety.
Existing law, the Alcoholic Beverage Control Act, which is administered by the Department of Alcoholic Beverage Control, regulates the application, issuance, and suspension of alcoholic beverage licenses. Existing law authorizes licensed winegrowers and brandy manufacturers to exercise their license privileges away from their licensed premises at, or from, branch offices or warehouses or United States bonded wine cellars located away from the place of production or manufacture, subject to specified exceptions. One of the exceptions to this authorization is the sale or delivery of wine to consumers in containers supplied, furnished, or sold by the consumer. This bill would delete the exception to the authorization applicable to winemakers, as described above, and would thus allow them to sell and deliver wine to consumers in containers supplied, furnished, or sold by the consumer away from their licensed premises.
This measure would designate a specified portion of State Highway Route 1 in the City of Seaside as the Staff Sergeant Robert Scott Johnson Memorial Highway. The measure would request that the Department of Transportation determine the cost of appropriate signs showing this special designation and, upon receiving donations from nonstate sources covering that cost, erect those signs.
This measure would proclaim November 3, 2021, as One Health Day, to celebrate and bring attention to the need for a One Health approach to address shared health threats at the human-animal-environmental interface.