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 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. The Medi-Cal program is, in part, governed and funded by federal Medicaid Program provisions. Under existing law, one of the methods by which Medi-Cal services are provided is pursuant to contracts with various types of managed care plans. This bill would require coverage for services provided by an advanced practice pharmacist, as defined, performed within the scope of his or her practice, including, but not limited to, comprehensive medication management (CMM) services, as defined, in a health care service plan contract and health insurance policy, and, to the extent that federal financial participation is available, in a Medi-Cal managed care plan. Because a willful violation of that provision 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.
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Under existing law, it is a crime to assault, batter, or interfere with, as specified, a police dog or police horse. Under existing law, a violation of these provisions is punishable as a misdemeanor, or, if a serious physical injury is inflicted upon the animal, as a misdemeanor or a felony. Additionally, under existing law, if a person, with the intent to inflict injury or death, causes the death or serious physical injury of the animal, that person is, upon conviction of a felony, punishable by an additional one-year term of imprisonment. Under existing law, for each felony case, a court is required to hold, and a prosecutor is required to attend, a preliminary hearing. This bill would instead make the intentional killing or infliction of serious physical injury to a police dog or police horse a felony punishable by imprisonment for 2, 3, or 4 years. By changing the penalty of an existing crime, and by imposing additional duties on local prosecutors by increasing the number of preliminary hearings, 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.
Existing law, the Pharmacy Law, provides for the licensure and regulation of pharmacists by the California State Board of Pharmacy. A knowing violation of that law is a misdemeanor. That law requires a pharmacist to inform a patient orally or in writing of the harmful effects of a drug dispensed by prescription under specified circumstances, and requires a pharmacist to use professional judgment to provide a patient with directions for use that enhance the patient's understanding of those directions. Existing regulatory law requires a pharmacist to provide oral consultation to a patient upon the patient's request or whenever the pharmacist, in his or her professional judgment, deems it warranted. This bill, except as specified, would require a pharmacist, on dispensing any opioid medication to a patient or the patient's agent for the first time, to provide oral consultation before dispensing the medication, in accordance with regulations to be adopted by the board. The bill would prohibit the pharmacist from dispensing the medication if the patient or the patient's agent declines the consultation. Because a knowing violation of the bill's 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 Real Estate Law provides for the licensure and regulation of real estate brokers by the Real Estate Commissioner and makes a willful violation of that law a crime. Existing law requires the commissioner to enforce all provisions of that law and authorizes the commissioner to adopt, amend, or repeal rules and regulations that are reasonably necessary for the enforcement of that law. Existing law authorizes the commissioner to temporarily suspend or permanently revoke the license of a real estate licensee who has committed specified acts, including making any substantial misrepresentation. This bill would specify that a substantial misrepresentation for purposes of that provision includes, but is not limited to, the inaccurate reporting of, or failure to report, among other things, any and all dues related to ownership of the property, taxes associated with the property, liens on the property, or all ongoing or pending litigation affecting the property. Existing law governing disclosures upon the transfer of residential property requires the transferor of any real property to deliver to the prospective transferee a specified written statement disclosure subject to specified requirements. If any disclosure, or any material amendment of any disclosure, is delivered after the execution of an offer to purchase, existing law requires the transferee to have a specified period of time to terminate his or her offer by delivery of a written notice of termination to the transferor or the transferor's agent. Existing law requires these disclosures to be made on a specified form. This bill would provide for a voluntary certified commercial real property disclosure to be provided by the transferor of commercial real property, as defined, to a prospective transferee. The bill would require any transferor that elects to provide that disclosure to include within the contract for the transfer of the property a provision allowing the transferee to have a specified period of time to terminate his or her offer following receipt of the disclosure. The bill would require the disclosure to be made in good faith and to include specified information regarding the property, and would make any person who willfully or negligently violates or fails to perform any duty imposed by these provisions liable in the amount of actual damages suffered by a transferee, and for any other civil fines or penalties allowed by law. The bill would provide that a violation of these provisions is not punishable as a crime.
Under existing law, in addition to vehicle registration fees, an annual fee based upon vehicle weight is imposed on commercial motor vehicles. Existing law applies these provisions to pickup trucks and provides that whenever a camper is temporarily attached to a motor vehicle designed to transport property, it is deemed a load and the fees imposed are based on the unladen weight of the motor vehicle, exclusive of the camper. This bill would exempt pick-up trucks from weight fee requirements. The bill would provide that whenever a camper is temporarily attached to a motor vehicle designed to transport property and is specifically designated for commercial purposes, it is deemed a load and subject to the imposition of weight fees based on the unladen weight of the motor vehicle. The bill would also make conforming changes.
Existing law prohibits the use of any vacuum or suction dredge equipment by any person in any river, stream, or lake of this state without a permit issued by the Department of Fish and Wildlife. Existing law requires the department to issue a permit if the department determines that the use does not cause any significant effects to fish and wildlife and would authorize the department to adjust the specified fee to an amount sufficient to cover all reasonable costs of the department in regulating suction dredging activities. Existing law prohibits the use of any vacuum or suction dredge equipment in any river, stream, or lake of this state until the Director of Fish and Wildlife makes a prescribed certification to the Secretary of State. Existing law authorizes the State Water Resources Control Board or a California regional water quality control board to adopt waste discharge requirements or a waiver of waste discharge requirements that address certain water quality impacts, specify conditions or areas where the discharge of waste or other adverse impacts on beneficial uses of the waters of the state from the use of vacuum or suction dredge equipment is prohibited, or prohibit particular use of, or methods of using, vacuum or suction dredge equipment, or any portion thereof, for the extraction of minerals, that the state board or a regional board determines generally cause or contribute to an exceedance of applicable water quality objectives or unreasonably impact beneficial uses. Existing law provides that for the purpose of these provisions that the use of vacuum or suction dredge equipment, also known as suction dredging, is the use of a mechanized or motorized system for removing or assisting in the removal of, or the processing of, material from the bed, bank, or channel of a river, stream or lake in order to recover minerals. This bill would instead provide for the purpose of these provisions that the use of vacuum or suction dredge equipment means the use of any equipment that removes minerals and water in conjunction to process and recover minerals. Existing law provides that the prohibitions and requirements relating to suction dredging do not apply to, prohibit, or otherwise restrict nonmotorized recreational mining activities, including panning for gold. This bill would instead provide that the above-described prohibitions and requirements do not apply to, prohibit, or otherwise restrict any equipment that does not transport mineral bearing material through a suction or nozzle.
The Pharmacy Law provides for the licensing and regulation of pharmacies, pharmacists, intern pharmacists, and pharmacy technicians by the California State Board of Pharmacy, which is within the Department of Consumer Affairs. That law defines "prescription" as an oral, written, or electronic transmission order that includes specified information, including a legible clear notice of the condition or purpose for which the drug is being prescribed if requested by the patient, and is issued by an authorized prescriber. That law makes a knowing violation of its provisions punishable as a crime and makes any other violation punishable as an infraction. This bill would instead require a prescription, if in writing or transmitted electronically, to include an International Statistical Classification of Diseases, 10th revision (ICD-10) Code or a legible clear notice of the condition or purpose for which the drug is being prescribed, unless the patient requests this information to be omitted and would require a prescription transmitted orally to include either an ICD-10 Code of a description of the condition or purpose for which the drug is being prescribed. The bill would require a pharmacy to immediately convey prescription profile information of a patient to a requesting pharmacy caring for that patient, except for the price and cost of a prescription. By placing new requirements on a pharmacy, this bill would expand an existing crime, and would, therefore, result in a state-mandated local program. Existing law classifies certain controlled substances into designated schedules. Existing law requires the Department of Justice to maintain the Controlled Substance Utilization Review and Evaluation System (CURES) for the electronic monitoring of the prescribing and dispensing of Schedule II, Schedule III, and Schedule IV controlled substances by all practitioners authorized to prescribe, administer, furnish, or dispense these controlled substances. Existing law requires dispensing pharmacies and clinics to report specified information for each prescription of a Schedule II, Schedule III, or Schedule IV controlled substance to the department. This bill would additional apply those requirements to Schedule V controlled substances and dangerous drugs, as defined, and would additionally require a description of the diagnosis, condition, or purpose for which the prescription was issued and the directions for use to be provided to the Department of Justice. 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 regulates the wages, hours, and working conditions of any man, woman, and minor employed in any occupation, trade, or industry, whether compensation is measured by time, piece, or otherwise, except as specified. Existing law makes violations of certain of these provisions a misdemeanor. Existing law, the Domestic Worker Bill of Rights, prohibits a domestic worker from being employed more than 9 hours in any workday or more than 45 hours in any workweek unless the employee receives one and one-half times the employee's regular rate of pay for all hours worked over 9 hours in any workday and for all hours worked more than 45 hours in the workweek. This bill would authorize that a domestic work employee who is a live-in employee or is required to be on duty for 24 or more consecutive hours, to enter into a written agreement with his or her employer to exclude a sleeping period, as described, of not more than 8 hours from the employee's working hours, provided that certain conditions are met. In the absence of an agreement, the bill would require the regularly scheduled sleeping period to count as hours worked. The bill would prohibit an employer from terminating a domestic work employee for failing to enter into such an agreement and would provide that these provisions do not apply to a domestic work employee who works fewer than 24 consecutive hours. Because the violation of certain wage and overtime provisions are 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.
Existing law, the Pharmacy Law, provides for the licensure and regulation of pharmacists by the California State Board of Pharmacy, and generally prohibits a pharmacist from dispensing a dangerous drug or dangerous device except upon the prescription of an authorized prescriber. Existing law, notwithstanding that prohibition, authorizes a pharmacist to furnish certain dangerous drugs and devices, including nicotine replacement products, certain vaccines, and self-administered hormonal contraceptives, without a prescription in accordance with specified protocols and conditions. Existing law authorizes a pharmacist recognized by the board as an advanced practice pharmacist to perform specified tasks, including initiating, adjusting, or discontinuing drug therapy in a specified manner. This bill would require the board to convene a Public Health and Pharmacy Formulary Advisory Committee to advise the board in promulgating regulations to establish a formulary of drugs and devices that an advanced practice pharmacist may furnish to a patient. The bill would require the board to establish a formulary of dangerous drugs and devices that an advanced practice pharmacist may furnish to a patient, and would authorize an advanced practice pharmacist to furnish a dangerous drug or dangerous device included on the formulary to a patient pursuant to a diagnosis by a health care practitioner.