Sen. Rosilicie Ochoa Bogh

Existing law prohibits the possession, transportation, importation, sale, manufacturing, furnishing, administering, or giving away of specified controlled substances including, without limitation, cocaine, heroin, and fentanyl. Existing law defines voluntary manslaughter as the unlawful killing of a human being without malice upon a sudden quarrel or heat of passion. Existing law defines murder as the unlawful killing of a human being, or a fetus, with malice aforethought. Existing law holds a person, who is not the actual killer, criminally liable for murder in the first degree if that person is a major participant in the underlying felony and acts with reckless indifference to human life. Under existing law both manslaughter and murder are punishable as felonies. This bill would require a court to advise a person convicted of specified crimes, including, among others, selling, furnishing, transporting, or manufacturing certain controlled substances, that such conduct inflicts a grave health risk to those who ingest or are exposed to those substances, that it is extremely dangerous to human life to manufacture or distribute real or counterfeit controlled substances, and that if someone dies as a result, the defendant can be charged with voluntary manslaughter or murder. The bill would require the advisement to be provided in writing and the fact that the advisement was given to be recorded on the record and recorded in the abstract of judgment.

This measure would proclaim the month of March 2022 as Traumatic Brain Injury Awareness Month.

This measure would resolve that the Legislature declares March 12, 2022, as National Girl Scout Day.

Existing law provides for the licensure and regulation of adult alcoholism or drug abuse recovery or treatment facilities by the State Department of Health Care Services and authorizes the department to enforce those provisions. Existing law also requires the department to require that an individual providing counseling services within a program be certified by a certifying organization approved by the department. Existing law authorizes the department to charge a fee to all programs for licensure or certification by the department, and establishes the Residential and Outpatient Program Licensing Fund to hold these fees. This bill would create the Allied Behavioral Health Board within the Department of Consumer Affairs, and would transfer the responsibility to oversee those certifying organizations from the State Department of Health Care Services to the board. The bill would require the board to establish regulations and standards for the licensure of substance use disorder counselors, as specified. The bill would require an applicant for a substance use disorder counselor license to have documented to a certifying organization that they have obtained a master's degree in alcohol and drug counseling or a related counseling master's degree, as specified, and to pass specified examinations, and would require the board to review the criminal history of the applicant, as specified. The bill would prohibit a person from using the title of "Licensed Alcohol Drug Counselor" unless the person has applied for and obtained a license from the board, and would make a violation of that provision punishable by an administrative penalty not to exceed $1,000. The bill would require the board to establish fees for licensure, as specified, and would revert all unencumbered funds appropriated from fees in the Residential and Outpatient Program Licensing Fund to the State Department of Health Care Services for the purpose of certification oversight of substance use disorder counselors to that fund. The bill would make its provisions operative upon the appropriation by the Legislature of funds allocated to the state from a specified settlement agreement, consistent with the requirements of the settlement agreement, and sufficient to implement this chapter.

Existing law, the Dental Practice Act, establishes the Dental Board of California in the Department of Consumer Affairs for the licensure and regulation of dentists. The act governs, among other things, the use of general anesthesia and deep sedation, as defined, for adult patients and patients under 13 years of age. The act requires a dentist to possess either a current license in good standing and a general anesthesia permit or a general anesthesia permit together with a maxillofacial surgery permit or a special permit to administer general anesthesia or deep sedation on an outpatient basis for dental patients. Existing law, the Nurse Anesthetists Act, provides for the certification and regulation of nurse anesthetists by the Board of Registered Nursing, which is within the Department of Consumer Affairs. Under existing law, the utilization of a nurse anesthetist to provide anesthesia services is required to be approved by the acute care facility administration and the appropriate committee, and at the discretion of the physician, dentist, or podiatrist. If a general anesthetic agent is administered in a dental office, existing law requires the dentist to hold a permit authorized by the provisions governing a dentist's use of deep sedation and general anesthesia. This bill would allow a nurse anesthetist to administer general anesthesia or deep sedation to dental patients if the nurse anesthetist receives a permit from the Dental Board of California. This bill would require that a nurse anesthetist, in order to administer deep sedation or general anesthesia, apply to the board and provide, among other things, evidence that the nurse anesthetist has met specified educational requirements. This bill would authorize the board to require an onsite inspection and evaluation prior to the issuance or renewal of a permit, and would require that a nurse anesthetist who fails that inspection and evaluation have their permit suspended, as specified. This bill would authorize a nurse anesthetist to apply to the board for an endorsement to perform general anesthesia or deep sedation on a child under 7 years of age. This bill would also require a nurse anesthetist that is providing general anesthesia or deep sedation in a dental office to do so in accordance with the provisions of the Dental Practice Act that govern the use of general anesthesia or deep sedation in a dental office and in accordance with specified provisions of the Nursing Practice Act. By expanding the scope of existing crimes under the Dental Practice Act and the Nurse Anesthetists Act, 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.

The Controlled Substances Act regulates, among other matters, the dispensing by prescription of controlled substances, which are classified into schedules, and the Pharmacy Law regulates, among other matters, the dispensing by prescription of dangerous drugs and dangerous devices, which also include controlled substances. Existing law authorizes a prescriber, a prescriber's authorized agent, or a pharmacist to electronically enter a prescription or order from outside of a pharmacy or hospital, as specified, except for prescriptions for controlled substances classified in Schedules II, III, IV, or V. Under existing law, a violation of these provisions is a crime. This bill would extend the authority to remotely enter a prescription or order to include prescriptions for controlled substances classified in Schedules II, III, IV, or V. The bill would also authorize a pharmacist working for a hospital pharmacy to perform various services remotely, as specified, on behalf of a hospital pharmacy located in California and under the written authorization of a pharmacist-in-charge. The bill would condition this authority on specified actions by the hospital pharmacy for which the pharmacist performs those services, including obtaining the consent of the pharmacist, developing and training the pharmacist on policies and procedures for the performance of those services, and taking specified steps to ensure the security of the information processed and the integrity of the hospital pharmacy's system. Because violation of these provisions 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 measure, in accordance with specified law, would declare that the state of emergency proclaimed by the Governor on March 4, 2020, is at an end, thereby terminating the emergency powers granted to the Governor as a result of that proclamation.

This resolution would designate the week beginning on February 21, 2022, as Eating Disorders Awareness Week.