Existing workers' compensation law generally requires employers to secure the payment of workers' compensation, including medical treatment, for injuries incurred by their employees that arise out of, or in the course of, employment. Existing law requires the Administrative Director of the Division of Workers' Compensation to appoint qualified medical evaluators in each of the respective specialties as required for the evaluation of medical-legal issues. This bill would also include doctors of audiology who meet specified requirements among those medical professionals who may be appointed by the administrative director as a qualified medical evaluator. Existing law, for purposes of workers' compensation, defines "physician" to include physicians and surgeons holding specified degrees, psychologists, acupuncturists, dentists, podiatrists, and chiropractic practitioners licensed by California state law and within the scope of their practice, as defined by state law. Existing law requires that when treatment or evaluation is provided by a psychologist or an audiologist, appropriate medical collaboration be provided when requested by the employer or insurer. This bill would also include licensed audiologists, as specified, within that definition of physician. This bill would also require appropriate medical collaboration be provided when requested by the injured worker or their representative.
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Existing law provides that furnishing a BB device to a minor without the express or implied consent of the minor's parent or legal guardian is a misdemeanor. This bill would provide that any person who keeps a BB device within any premises that is under the person's custody or control, who knows or reasonably should know that a minor is likely to gain access to that BB device without the permission of the minor's parent or legal guardian, and a minor obtains access to that BB device and thereafter carries the BB device off-premises and openly displays or exposes the BB device in a public place in violation of provisions of existing law, may be subject to a written warning for the first instance, a civil fine of $100 for the 2nd instance, and a civil fine of $200 for the 3rd or subsequent instance. The bill would provide that a written warning or civil fine issued or imposed pursuant to these provisions may be imposed and administered only by a local governmental entity acting under the authority of a city, county, or city and county.
Existing law, the Pharmacy Law, provides for the licensure and regulation of pharmacies, including hospital pharmacies, by the California State Board of Pharmacy, and makes a knowing violation of that law a crime. Existing law prohibits the operation of a pharmacy without a license and a separate license is required for each pharmacy location. Under existing law, a hospital pharmacy, as defined, includes a pharmacy located outside of the hospital in another physical plant. However, as a condition of licensure by the board for these pharmacies, pharmaceutical services may only be provided to registered hospital patients who are on the premises of the same physical plant in which the pharmacy is located and those services must be directly related to the services or treatment plan administered in the physical plant. This bill would authorize a centralized hospital packaging pharmacy to prepare medications, by performing specified functions, for administration only to inpatients within its own general acute care hospital and one or more general acute care hospitals if the hospitals are under common ownership, as defined, and within a 75-mile radius of each other. The bill would require a centralized hospital packaging pharmacy to obtain a specialty license from the board, and the bill would make these licenses subject to annual renewal. The bill would condition both the issuance and renewal of a specialty license on a board inspection of the centralized hospital packaging pharmacy to ensure that the pharmacy is in compliance with the bill's provisions and regulations established by the board. The bill would impose specified issuance and annual renewal fees for a specialty license, and because these fees would be deposited into the Pharmacy Board Contingent Fund, a continuously appropriated fund, the bill would make an appropriation. The bill would authorize a centralized hospital packaging pharmacy to prepare and store a limited quantity of specified unit dose drugs in advance of receipt of a patient-specific prescription in a specified quantity. The bill would impose various requirements on centralized hospital packaging pharmacies, including, but not limited to, that medications be barcoded to be readable at the inpatient's bedside and that medication labels contain specified information. The bill would make these pharmacies and pharmacists responsible for the integrity, potency, quality, and labeled strength of any unit dose drug product prepared by the packaging pharmacy. Because a knowing violation of these provisions 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.
The Donahoe Higher Education Act authorizes the activities of the 4 segments of the postsecondary education system in the state. These segments include the 3 public postsecondary segments: the University of California, which is administered by the Regents of the University of California, the California State University, which is administered by the Trustees of the California State University, and the California Community Colleges, which is administered by the Board of Governors of the California Community Colleges. Private and independent postsecondary educational institutions constitute the other segment. Provisions of the Donahoe Higher Education Act apply to the University of California only to the extent that the regents act, by resolution, to make them applicable. Existing law urges textbook publishers to take specified actions aimed at reducing the amounts that students pay for textbooks, including providing to faculty and departments considering textbook orders a list of all the different products the publisher sells. Existing law requires the Trustees of the California State University and the Board of Governors of the California Community Colleges, and requests the Regents of the University of California, to take specific actions with their respective academic senates, college and university bookstores, and faculty to promote the selection of textbooks that will result in cost savings to students. This bill would express legislative findings and declarations relating to the cost of college and university textbooks. The bill would add provisions to the Donahoe Higher Education Act to establish the California Digital Open Source Library, under the administration of the California State University, in coordination with the California Community Colleges, for the purpose of housing open source materials while providing an Internet Web-based way for students, faculty, and staff to easily find, adopt, utilize, or modify course materials for little or no cost. The bill would provide that the California State University would also act in coordination with the University of California in administering the California Digital Open Source Library if the regents act, by appropriate resolution, to authorize the university to participate in the administration of the library. The bill would require that the materials in the library bear a creative commons attribution license that allows others to use, distribute, and create derivative works based upon the digital material while still allowing the authors or creators of the material to receive credit for their efforts. The bill would provide that the provisions added to the Donahoe Higher Education Act by the bill would become operative only if funding for the purposes of this bill is provided in an appropriation in the annual Budget Act or another statute, or through federal or private funds, or through a combination of state, federal, and private funds. The bill would become operative only if SB 1052 becomes operative on or before January 1, 2013, and establishes the California Open Education Resources Council.
Existing law, the California Retail Food Code, requires all food facilities in which food is prepared, or in which multiservice utensils and equipment are used, to provide manual methods to effectively clean and sanitize utensils, as specified. Existing law requires manual sanitization to be accomplished in a number of prescribed ways, including the application of sanitizing chemicals by immersion, manual swabbing, or brushing, using specified solutions. The law requires the State Department of Public Health to implement and administer those provisions, and delegates primary enforcement duties to local health agencies. A violation of these provisions is a misdemeanor. This bill would authorize manual sanitization to be accomplished by immersion, manual swabbing, or brushing, using a solution of ozone that meets specified requirements, including compliance with specified federal laws and regulations. By adding a new, permissible method of manual sanitization, and thereby increasing the enforcement duties of local officials, this bill would impose a state-mandated local program. By expanding the definition of 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.
(1) The Donahoe Higher Education Act authorizes the activities of the 4 segments of the postsecondary education system in the state. These segments include the 3 public postsecondary segments: the University of California, which is administered by the Regents of the University of California, the California State University, which is administered by the Trustees of the California State University, and the California Community Colleges, which is administered by the Board of Governors of the California Community Colleges. Private and independent postsecondary educational institutions constitute the other segment. Provisions of the Donahoe Higher Education Act apply to the University of California only to the extent that the regents act, by resolution, to make them applicable. Existing law urges textbook publishers to take specified actions aimed at reducing the amounts that students pay for textbooks, including providing to faculty and departments considering textbook orders a list of all the different products the publisher sells. Existing law requires the Trustees of the California State University and the Board of Governors of the California Community Colleges, and requests the Regents of the University of California, to take specific actions with their respective academic senates, college and university bookstores, and faculty to promote the selection of textbooks that will result in cost savings to students. This bill would express legislative findings and declarations relating to the cost of college and university textbooks. The bill would add provisions to the Donahoe Higher Education Act to establish the California Open Education Resources Council under the administration of the Intersegmental Committee of the Academic Senates of the University of California, the California State University, and the California Community Colleges, or a successor group. The bill would specify that the council would have 9 members, including 3 faculty members from each of the public postsecondary segments, selected by the respective faculty senates of each segment. The bill would require the appointments to the council to be made no later than 90 days after the bill becomes operative. The bill would require the California Open Education Resources Council to determine a list of 50 lower division courses in the public postsecondary segments for which high-quality, affordable, digital open source textbooks and related materials would be developed or acquired, as specified, pursuant to the bill. The bill would also require the council to review and approve developed open source materials and to promote strategies for production, access, and use of open source textbooks to be placed on reserve at campus libraries in accordance with this section. The bill would require that the council regularly solicit and consider, from each of the statewide student associations of the University of California, the California State University, and the California Community Colleges, advice and guidance on open source education textbooks and related materials, as specified. The bill would require the council to establish a competitive request-for-proposal process in which faculty members, publishers, and other interested parties would apply for funds to produce, in 2013, 50 high-quality, affordable, digital open source textbooks and related materials, meeting specified requirements. The bill also would require the council to submit a report to the Legislature and the Governor on the progress of the implementation of these provisions by no later than 6 months after the bill becomes operative and to submit a final report by January 1, 2016. (2) Existing law requires publishers, as defined, to provide a captioned format of instructional materials, as defined, or an electronic format of those materials and a license to create a captioned format of the materials, upon request by a public postsecondary educational institution, and authorizes the public postsecondary educational institution to create a captioned format, subject to prescribed conditions, if the publisher provides a license to create the captioned format or fails to respond to a request for a captioned format. Existing law prescribes various requirements with respect to use and distribution of electronic and captioned formats of instructional materials by public postsecondary educational institutions that choose to participate in the request process. This bill would include digital open source textbooks and related materials within the definition of instructional materials for the purposes of this provision. The bill would prescribe a procedure for this request process relating to digital open source textbooks if and when the California Open Source Digital Library is established pursuant to statute. (3) These provisions would become operative only if funding for the purposes of this bill is provided in the annual Budget Act or another statute, or through federal or private funds, or through a combination of state, federal, and private funds.
(1) Under existing law, the State Water Resources Control Board (state board) and the California regional water quality control boards prescribe waste discharge requirements for the discharge of stormwater in accordance with the national pollutant discharge elimination system (NPDES) permit program and the Porter-Cologne Water Quality Control Act. Under existing law, the state board administers a water rights program pursuant to which the state board grants permits and licenses to appropriate water, upon an application to appropriate water. This bill would enact the Rainwater Capture Act of 2012, which would provide that use of rainwater collected from rooftops does not require a water right permit from the state board. (2) Existing law, the Contractors' State License Law, creates the Contractors' State License Board within the Department of Consumer Affairs and provides for the licensing and regulation of contractors. Existing law authorizes a landscape contractor working within the classification of his or her license to enter into a prime contract for the construction of a swimming pool, spa, or hot tub, an outdoor cooking center, or an outdoor fireplace, if certain conditions are met. Under existing law, a violation of these provisions and related provisions of existing law is grounds for disciplinary action. This bill would additionally authorize a landscape contractor working within the classification of his or her license to enter into a prime contract for the construction of a rainwater capture system, as defined, if the system is used exclusively for landscape irrigation or as a water supply for a fountain, pond, or similar decorative water feature in a landscaping project. The bill would authorize a landscape contractor holding a specified classification to design and install all exterior components of a rainwater capture system that are not a part of, or attached to, a structure.
Existing law establishes procedures regarding the registration of voters. Under existing law, a person may not be registered to vote except by affidavit of registration, and a voter may not vote in an election unless his or her affidavit of registration is executed and received by the county elections official on or before the 15th day prior to the election. Existing law permits any registered voter to vote by a vote by mail ballot, and further permits any voter using a vote by mail ballot to vote the ballot at the office of the elections official beginning 29 days before the election. Existing law requires that the affidavit of registration show facts necessary to establish the affiant as an elector, as specified, and provides that if the affiant has not been issued a current and valid driver's license or social security number, he or she shall be provided a unique identification number for voter registration purposes. This bill would establish conditional voter registration, using an affidavit of registration, whereby a person would be permitted to register to vote after the 15th day prior to an election or on election day, and cast a provisional ballot to be counted if the conditional voter registration is deemed effective. This bill would provide that a conditional voter registration shall be deemed effective if the county elections official is able to determine before or during the canvass period for the election that the registrant is eligible to register to vote and that the registrant has provided information that matches specified state or federal databases. The bill would provide that if the information provided by the registrant cannot be verified by matching the information to those specified state or federal databases and the registrant is otherwise eligible to vote, the registrant shall be issued a unique identification number pursuant to the above-referenced provisions and the conditional voter registration shall be deemed effective. The bill would establish specific criminal and civil penalties for the commission of fraud in the execution of a conditional voter registration pursuant to these provisions. The bill would require the county elections official to offer conditional voter registration and provisional voting at its permanent offices, and would permit the official to offer this registration and voting at satellite offices on election day, in accordance with specified procedures. The bill would also require the county elections official to cancel, as specified, duplicate voter registrations that may arise due to conditional voter registration. The above provisions of the bill would become operative on January 1 of the year following the year in which the Secretary of State certifies that the state has a statewide voter registration database that complies with the requirements of the federal Help America Vote Act of 2002. Existing law provides that upon conviction for a crime pertaining to an election for which no fine is prescribed, the court may impose, in addition to any prescribed imprisonment, a fine on the offender of not more than $1,000 for a misdemeanor or $10,000 for a felony. This bill would increase the amount of that fine for a felony to $25,000. By creating a new crime and new duties for local elections officials, 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 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.
Existing law requires specified information to be provided to patients regarding their health care. Existing federal law requires a written report of the results of each mammography examination and requires a summary of that report to be sent to the patient within a specified time period. This bill, from April 1, 2013, until January 1, 2019, would require, under specified circumstances, a health facility at which a mammography examination is performed to include in the summary of the written report that is sent to the patient a prescribed notice on breast density.
Existing law establishes the California State University, under the administration of the Trustees of the California State University (CSU) , as one of the segments of public postsecondary education in this state. This bill would express the finding and declaration of the Legislature that the trustees adopted an Early Start Program at their May 2010 meeting. The bill would require, commencing on January 1, 2014, and every 2 years thereafter, that the Legislative Analyst's Office, in consultation with the CSU, submit a report to the Legislature including specified data relating to the CSU Early Start Program. The bill would repeal these provisions on January 1, 2018.