Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, 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. Existing federal law establishes the Money Follows the Person Rebalancing Demonstration, which is designed to achieve various objectives with respect to institutional and home- and community-based long-term care services provided under state Medicaid programs. Under the Money Follows the Person Rebalancing Demonstration, an eligible individual is required, among other qualifications, to have resided in a inpatient facility for at least 90 consecutive days. This bill would require the department to provide services consistent with the Money Follows the Person Rebalancing Demonstration for transitioning eligible individuals out of an inpatient facility who have not resided in the facility for at least 90 consecutive days. A Medi-Cal beneficiary who has resided in an inpatient facility for at least 90 consecutive days would be ineligible for services under the bill, except as specified. The bill would authorize the department to implement, interpret, or make specific the bill by means of letters, provider bulletins, or similar instructions, without taking regulatory action. Services would not be provided pursuant to the bill during any period that the department has obtained any necessary federal approvals under the Money Follows the Person Rebalancing Demonstration to not apply the 90-day residence eligibility requirement. The bill would require the department to cease to enroll beneficiaries pursuant to the bill commencing January 1, 2023, and to cease to provide services pursuant to the bill commencing January 1, 2024. The bill would repeal these provisions on January 1, 2025. This bill would declare that it is to take effect immediately as an urgency statute.
Sponsored bills
(1) The Horse Racing Law establishes the California Horse Racing Board within the Business, Consumer Services, and Housing Agency. That law vests the board with all powers necessary and proper to enable it to carry out the Horse Racing Law and makes the board responsible for, among other things, adopting rules and regulations for the protection of the public and the control of horse racing and parimutuel wagering and administration and enforcement of all laws, rules, and regulations affecting horse racing and parimutuel wagering. This bill would add as a board responsibility the adoption of rules and regulations that protect and advance the health, safety, welfare, and aftercare of racehorses. The bill would require the board to establish and maintain a whistleblower program through which an owner, trainer, jockey, or stable-area employee may call designated persons under strict confidentiality to report questionable activity or concerns relating to the health and safety of humans or horses under the Horse Racing Law. (2) The Horse Racing Law also requires the board to adopt regulations to establish policies, guidelines, and penalties relating to equine medication in order to preserve and enhance the integrity of horse racing in the state. That law requires that those policies, guidelines, and penalties include, at a minimum, provisions that prohibit, among other things, a substance of any kind from being administered by any means to a horse after it has been entered to race in a horse race, unless the board has, by regulation, specifically authorized the use of the substance and its quantity and composition. That law provides that violations of this provision, as determined by the board, are punishable as set forth in regulations adopted by the board. A violation of the Horse Racing Law is a crime. This bill would prohibit a trainer from administering, directly or indirectly, or otherwise permitting to be administered, any medication to a horse under the trainer's care that is racing or training at a board-approved racetrack, unless the medication is prescribed for that specific horse and administered strictly in accordance with board regulations. The bill would prohibit a trainer from applying to a horse's feet on racing day any type of topical medication designed to alleviate pain, soreness, or tenderness of a horse's feet. (3) The Horse Racing Law requires every veterinarian who treats a horse within the inclosure to report, in writing, on a form prescribed by the board, to the official veterinarian in a manner prescribed by the official veterinarian, the name of the horse treated, the name of the trainer of the horse, the time of treatment, any medication administered to the horse, and any other information requested by the official veterinarian. Existing regulations of the board require that horses that are injured, unsound, or lame are subject to immediate placement on the Veterinarian's List with criteria for removal that may include diagnostic imaging, examination of blood, and counsel with attending veterinarians and that such a horse is prohibited from working out for 72 hours after being placed on the list without the permission of the official veterinarian. The regulations require the official veterinarian to require any horse placed on the list to undergo a veterinary examination before resuming training at any facility under the jurisdiction of the board. The regulations establish conditions for removal of a horse from the list and provide that a horse determined to be unsound or lame for the first, 2nd, 3rd, or 4th time in a 365-day period is ineligible to be removed from the list for a specified period of time. This bill would codify with certain modifications these regulations as to horses determined to be unsound or lame and would authorize the board to adopt rules and regulations to carry out the purposes of these provisions. The bill would also prohibit a thoroughbred or quarter horse that is 4 years of age or older that has not competed in a race or has previously raced but has not raced in the preceding 365 days from racing, unless the horse has passed an examination and a postwork official blood test or tests required by the official veterinarian or the equine medical director, administered by the official veterinarian or the equine medical director's designee. The bill would require the horse to race within 30 days of meeting these requirements. The bill would also require a thoroughbred or quarter horse that has not raced within 120 days but has raced within 365 days to have an examination performed by the official veterinarian or the equine medical director's designee within 14 days before entry, and based upon that examination, the bill would authorize the official veterinarian or the equine medical director's designee to require the horse to work before being allowed to enter in a race, as specified. The bill would require that all horses at a licensed thoroughbred, fair, or quarter horse race meet be subject to veterinary monitoring during morning training, as specified, and would require the use of diagnostic imaging as an accepted component of prerace examinations by an examining veterinarian, as specified. The bill would also require a racing association to provide a location within the inclosure where a horse can be observed jogging in a circle in both directions by the official veterinarian or the equine medical director's designee, if needed, as part of the prerace examination process. The bill would authorize, at the discretion of track stewards, the video surveillance of horses that ship in on racing days for purposes of monitoring compliance with the Horse Racing Law. (4) Existing law establishes the Fair and Exposition Fund for the purpose of allocating moneys to provide financial support for the network of California fairs. The Horse Racing Law provides that any unallocated balance from the total revenue received by the Department of Food and Agriculture pursuant to that law, except as specified, is hereby appropriated without regard to fiscal years for allocation by the Secretary of Food and Agriculture for capital outlay to California fairs for, among other things, fair projects involving public health and safety and projects that are required to protect fair property. That law also provides that a portion of these funds may be allocated to California fairs for general operational support. This bill would create the Horse and Jockey Safety and Welfare Account in the State Treasury. The bill would, notwithstanding the above provisions, require that moneys from specified license fees imposed pursuant to the Horse Racing Law be deposited in that account and be continuously appropriated without regard to fiscal years for allocation by the Department of Finance to the board for equine safety measures to improve the integrity and safety of horse racing that include, among other things, contracting for additional state veterinarians, stewards, and infrastructure support related to the safety and welfare of racehorses and jockeys. Because the bill would create the Horse and Jockey Safety and Welfare Account, a continuously appropriated fund, the bill would make an appropriation. (5) Existing law requires all money representing penalties or fines imposed by the stewards of a horse race meeting to be collected by the licensee of the meeting and paid to the board, as specified, for deposit in the State Treasury to the credit of the General Fund. This bill would instead require that all penalty or fine moneys under this provision be deposited by the board in the Horse and Jockey Safety and Welfare Account. The bill would continuously appropriate these moneys, without regard to fiscal years, for allocation by the Department of Finance to the board for horse welfare and safety measures, as described. The bill would require the board to publicly disclose on its internet website the horse welfare and safety measures it funds with these moneys. Because these moneys would be continuously appropriated to the board for specific purposes, this bill would make an appropriation. (6) By imposing new requirements under the Horse Racing Law, a violation of which would be a crime, the bill would create a state-mandated local program. (7) 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 California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment, or to adopt a negative declaration or mitigated negative declaration, as specified, if it finds that the project will not have that effect. CEQA includes exemptions from its environmental review requirements for numerous categories of projects, as prescribed. This bill would, with certain specified exceptions, exempt from CEQA certain projects consisting solely of the installation, repair, or reconstruction of water infrastructure, as specified, that primarily benefits a small disadvantaged community water system, as defined, or a state small water system, as defined, by improving the small disadvantaged community water system's or state small water system's water quality, water supply, or water supply reliability, by encouraging water conservation, or by providing drinking water service to existing residences within a disadvantaged community, a small disadvantaged community water system, or a state small water system where there is evidence that the water exceeds maximum contaminant levels for primary or secondary drinking water standards or where the drinking water well is no longer able to produce an adequate supply of safe drinking water. To qualify for this CEQA exemption, the bill would require these projects to meet certain labor requirements and certain conditions, including fully mitigating all construction impacts and not affecting wetlands or sensitive habitat. The bill would also define various terms for purposes of this exemption. The bill would require the lead agency, before determining a project is exempt under these provisions, to contact the State Water Resources Control Board to determine whether claiming the exemption will affect the ability of the small disadvantaged community water system or the state small water system from receiving federal financial assistance or federally capitalized financial assistance. If the lead agency approves or carries out a project that is exempt from CEQA by the above provisions, the bill would require the lead agency to file a notice of exemption with the Office of Planning and Research and the county clerk of the county in which the project is located, as provided. Because a lead agency would be required to file the notice of exemption with the Office of Planning and Research and the county clerk, this bill would impose a state-mandated local program. The bill would repeal this exemption on January 1, 2028. 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 establishes the Foster Youth Services Coordinating Program, under the administration of the Superintendent of Public Instruction, to provide supplemental funding to county offices of education, or a consortium of county offices of education, to coordinate and ensure that local educational agencies within its jurisdiction are providing services to foster youth pupils pursuant to a foster youth services coordinating plan with the purpose of ensuring positive educational outcomes. As part of the program, existing law authorizes a county office of education, or a consortium of county offices of education, to apply to the Superintendent for grant funding to operate an education-based foster youth services coordinating program. As a condition of receiving funds, existing law requires a program to develop and implement a foster youth services plan that includes, among other things, a description of how the local program will facilitate coordination with local postsecondary educational institutions to ensure foster youth pupils meet admission requirements and access programs that support their matriculation needs. This bill would require the plan to also describe how the program will coordinate efforts to ensure, to the extent possible, the completion of the Free Application for Federal Student Aid or the California Dream Act Application for foster youth pupils who are in grade 12. Existing law requires the Superintendent, by July 1 of each even-numbered year, to report to the appropriate policy and fiscal committees of the Legislature and the Governor on the Foster Youth Services Coordinating Program. Existing law requires the report to include aggregate educational outcome data for each county in which there were at least 15 pupils in foster care who attended school in the county with information on, among other things, the number of participating foster youth pupils who successfully transition to postsecondary education. This bill would require the report to also include the number and percentage of pupils in foster care who successfully complete a Free Application for Federal Student Aid or California Dream Act Application while in grade 12.
Existing law, the California Financing Law, generally provides for the licensure and regulation of finance lenders and brokers by the Commissioner of Business Oversight and makes a willful violation of its provisions a crime, except as provided. That law, until January 1, 2023, establishes the Pilot Program for Increased Access to Responsible Small Dollar Loans. This bill would extend the sunset date for that program until January 1, 2028, require the commissioner to include in a certain report recommendations regarding whether the program should continue after January 1, 2028, and make conforming changes. Because a willful violation of these extended 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.
The existing federal Indian Gaming Regulatory Act of 1988 provides for the negotiation and execution of tribal-state gaming compacts for the purpose of authorizing certain types of gaming on Indian lands within a state. The California Constitution authorizes the Governor to negotiate and conclude tribal-state gaming compacts, subject to ratification by the Legislature. Existing law expressly ratifies a number of tribal-state gaming compacts, and amendments of tribal-state gaming compacts, between the State of California and specified Indian tribes. The California Environmental Quality Act (CEQA) requires a lead agency to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project, as defined, that it proposes to carry out or approve that may have a significant effect on the environment, as defined, or to adopt a negative declaration if it finds that the project will not have that effect. This bill would ratify the tribal-state gaming compacts entered into between the State of California and the following Indian tribes: the Ione Band of Miwok Indians, the Mooretown Rancheria of Maidu Indians of California, the Paskenta Band of Nomlaki Indians, the Shingle Springs Band of Miwok Indians, the Tolowa Dee-ni' Nation, and the Tule River Indian Tribe of California. The bill would provide that, in deference to tribal sovereignty, certain actions related to these compacts and amended compacts are not projects for purposes of CEQA. This bill would declare that it is to take effect immediately as an urgency statute.
The California Emergency Services Act authorizes the Governor to declare a state of emergency, and local officials and local governments to declare a local emergency, when specified conditions of disaster or extreme peril to the safety of persons and property exist. Existing law establishes the Office of Emergency Services (OES) within the office of the Governor and requires the OES, among other duties, to develop model guidelines for local governmental agencies and community-based organizations planning to develop a disaster registry program. This bill would require the OES and California Volunteers, in coordination with Voluntary Organizations Active in Disaster, to develop planning guidance to identify volunteers and donation management resources that could assist in responding to or recovering from local, tribal, regional, national, or international disasters, as specified. The bill would require the OES to publish and distribute the initial planning guidance, once developed, and update the Legislature on the status of the planning guidance in a written report submitted no later than May 1, 2022. Existing law provides that the OES is responsible for the state's emergency and disaster response services for natural, technological, or manmade disasters and emergencies, including responsibility for activities necessary to prevent, respond to, recover from, and mitigate the effects of emergencies and disasters to people and property. Existing law authorizes each county, including a city and county, to enter into an agreement to access the contact information of resident accountholders through the records of a public utility or other agency responsible for water service, waste and recycling services, or other property-related services for the sole purpose of enrolling county residents in a county-operated public emergency warning system. Existing law requires any county that enters into such an agreement to include procedures to enable any resident to opt out of the warning system and a process to terminate the receiving agency's access to the resident's contact information. Existing law prohibits the use of the information gathered for any purpose other than for emergency notification. This bill would expand these provisions to authorize a city to enter into an agreement to access the contact information of resident accountholders through the records of a public utility, as specified. The bill would also expand the types of public utilities that can enter into these agreements by defining public utility to include, among others, a local publicly owned electric utility, mobile telephony services, a public water agency, and an agency responsible for solid waste or recycling services. The bill would require a local government that enters into an agreement to access information of resident accountholders to, upon receipt of that information, notify residents that they have been entered into the public emergency warning system. The bill would require a local government that enters into an agreement to access information to include procedures to enable any resident to opt out of the warning system and a process to terminate the receiving agency's access to the contact information of the resident from a public utility. The bill would also authorize a governing body of a postsecondary institution that receives state funds, including funds for student financial assistance, to use its own enrollment, registration, and personnel records to access the contact information of students and employees for the sole purpose of enrolling students and employees in a university- or college-operated public emergency warning system. The bill would require the governing body of a postsecondary institution that receives state funds, including funds for student financial assistance, to notify students and employees that they have been entered into the public emergency warning system and include procedures to enable them to opt out of the warning system. Existing law requires a county, upon the next update to its emergency plan, to integrate access and functional needs into its emergency plan by addressing, at a minimum, how the access and functional needs population is served by emergency communications, emergency evacuation for individuals who are dependent on public transportation, and accessible emergency sheltering. Existing law permits an authorized employee of a county social services department to disclose the name and residential address of elderly or disabled clients to police, fire, or paramedical personnel, or other designated emergency services personnel, in the event of a public safety emergency that necessitates the possible evacuation of the area in which those elderly or disabled clients reside. Existing law requires the Director of Social Services to seek any federal approval necessary to implement these provisions, and prohibits these provisions from being implemented unless the director executes a declaration stating that any required federal approval has been obtained, and only for the duration of that approval. Existing law defines "public safety emergency" for these purposes to include, but not be limited to, specified events that jeopardize the immediate physical safety of county residents. This bill would authorize a local government to enter into an agreement with a, or to use the records of its own, social services department to access the contact information of persons from the access and functional needs population, and the contact information of the designated emergency contacts of those persons, if any, for the sole purpose of enrolling those individuals, who are residents of that local government, in a city-operated, county-operated, or city- and county-operated public emergency warning system, as specified. The bill would require a local government that enters into an agreement to access information of resident accountholders or designated emergency contacts to, upon receipt of that information, notify residents and designated emergency contacts that they have been entered into the public emergency warning system. The bill would require a local government that enters into an agreement to access information to include procedures to enable any resident or designated emergency contact to opt out of receiving messages from the warning system via their personal contact information and a process to terminate the receiving agency's access to the contact information of the resident or designated emergency contact from a county social services department. Existing law permits an authorized employee of a county social services department to disclose the name and residential address of elderly or disabled clients to police, fire, or paramedical personnel, or other designated emergency services personnel, in the event of a public safety emergency that necessitates the possible evacuation of the area in which those elderly or disabled clients reside. Existing law specifies that public safety emergencies include, but are not limited to, events that jeopardize the immediate physical safety of county residents. This bill would additionally permit those individuals' telephone numbers and email addresses to be disclosed and would specifically identify a public safety power shutoff as a public safety emergency. The bill would require a county social services agency that intends to disclose information as described above to notify elderly or disabled individuals receiving services of that fact and give the individual, beginning on January 1, 2022, the option to opt out of having that information disclosed. The bill would limit the use of the disclosed information to providing emergency services in the event of a public safety emergency described above. This bill would incorporate additional changes to Section 8593.3 of the Government Code proposed by AB 2730 to be operative only if this bill and AB 2730 are enacted and this bill is enacted last.
(1) Existing law, the Nursing Practice Act, establishes the Board of Registered Nursing within the Department of Consumer Affairs for the licensure and regulation of the practice of nursing. A violation of the act is a crime. Existing law requires the board to issue a certificate to practice nurse-midwifery to a person who, among other qualifications, meets educational standards established by the board or the equivalent of those educational standards. Existing law authorizes a certified nurse-midwife, under the supervision of a licensed physician and surgeon, to attend cases of normal childbirth and to provide prenatal, intrapartum, and postpartum care, including family-planning care, for the mother, and immediate care for the newborn. Existing law defines the practice of nurse-midwifery as the furthering or undertaking by a certified person, under the supervision of licensed physician and surgeon who has current practice or training in obstetrics, to assist a woman in childbirth so long as progress meets criteria accepted as normal. Existing law requires all complications to be referred to a physician immediately. Existing law excludes the assisting of childbirth by any artificial, forcible, or mechanical means, and the performance of any version from the definition of the practice of nurse-midwifery. This bill would delete the above-described provisions defining the practice of nurse-midwifery, would delete the condition that a certified nurse-midwife practice under the supervision of a physician and surgeon, and would instead authorize a certified nurse-midwife to attend cases of low-risk pregnancy, as defined, and childbirth and to provide prenatal, intrapartum, and postpartum care, including family-planning services, interconception care, and immediate care of the newborn, consistent with standards adopted by a specified professional organization, or its successor, as approved by the board. The bill would authorize a certified nurse-midwife to practice with a physician and surgeon under mutually agreed-upon policies and protocols that delineate the parameters for consultation, collaboration, referral, and transfer of a patient's care, signed by both the certified nurse-midwife and a physician and surgeon to provide a patient with specified services. The bill, except as specified, would require the patient to be transferred to the care of a physician and surgeon to provide those services if the nurse-midwife does not have those mutually agreed-upon policies and protocols in place, and would authorize the return of that patient to the care of the nurse-midwife after the physician and surgeon has determined that the condition or circumstance that required, or would require, the transfer is resolved. The bill would authorize a certified nurse-midwife to continue to attend the birth of the newborn and participate in physical care, counseling, guidance, teaching, and support, if a physician and surgeon assumes care of the patient, as indicated by the mutually agreed-upon policies and protocols. The bill would authorize a certified nurse-midwife, after referring a patient to a physician and surgeon, to continue care of a patient the patient during a reasonable interval between the referral and the initial appointment with the physician and surgeon. The bill would authorize a certified nurse-midwife to attend pregnancy and childbirth in an out-of-hospital setting if consistent with the above-described provisions. Under the bill, a certified nurse-midwife would not be authorized to assist childbirth by vacuum or forceps extraction, or to perform any external cephalic version. The bill would require a certified nurse-midwife to refer all emergencies to a physician and surgeon immediately, and would authorize a certified nurse-midwife to provide emergency care until the assistance of a physician and surgeon is obtained. This bill would require a certified nurse-midwife who is not under the supervision of a physician and surgeon to provide oral and written disclosure to a patient and obtain a patient's written consent, as specified. By expanding the scope of a crime, the bill would impose a state-mandated local program. (2) Existing law authorizes the board to appoint a committee of qualified physicians and nurses, including, but not limited to, obstetricians and nurse-midwives, to develop the necessary standards relating to educational requirements, ratios of nurse-midwives to supervising physicians, and associated matters. Existing law, additionally, authorizes the committee to include family physicians. This bill, instead, would require the board to appoint a committee of qualified physicians and surgeons and nurses called the Nurse-Midwifery Advisory Committee. The bill would require the committee to consist of 4 qualified nurse-midwives, 2 qualified physicians and surgeons, including, but not limited to, obstetricians or family physicians, and one public member. The bill would delete the provision including ratios of nurse-midwives to supervising physicians and associated matters in the standards developed by the committee, and would instead require the committee to make recommendations to the board on all matters related to midwifery practice, education, appropriate standard of care, and other matters as specified by the board. The bill would require the committee to provide recommendations or guidance on care when the board is considering disciplinary action against a certified nurse-midwife. The bill would authorize the committee to continue to make the recommendations if the board, despite good faith efforts, is unable to solicit and appoint to the committee 4 qualified nurse-midwives, 2 qualified physicians and surgeons, including, but not limited to, obstetricians or family physicians, and one public member. (3) Existing law authorizes a certified nurse-midwife to furnish drugs or devices, including controlled substances, in specified circumstances, including if drugs or devices are furnished or ordered incidentally to the provision of care in specified settings, including certain licensed health care facilities, birth centers, and maternity hospitals provided that the furnishing or ordering of drugs or devices occur under physician and surgeon supervision. Existing law requires the drugs or devices to be furnished in accordance with standardized procedures or protocols, and defines standardized procedure to mean a document, including protocols, developed and approved by specified persons, including a facility administrator. Existing law requires Schedule II or III controlled substances furnished or ordered by a certified nurse-midwife to be furnished or ordered in accordance with a patient-specific protocol approved by the treating or supervising physician and surgeon. Existing law requires a certified nurse-midwife who is authorized to furnish or issue a drug order for a controlled substance to register with the United States Drug Enforcement Administration. This bill would delete the condition that the furnishing or ordering of drugs or devices occur under physician and surgeon supervision, and would authorize a certified nurse-midwife to furnish drugs or devices incidentally to the provision of care and services allowed by a certificate to practice nurse-midwifery as provided by the bill and when care is rendered in an out-of-hospital setting, as specified. The bill would limit the requirement that the furnishing or ordering of drugs or devices by a certified nurse-midwife be in accordance with the standardized procedures or protocols to the furnishing or ordering of drugs or devices for services that do not fall within the scope of services specified by the bill and Schedule IV or V controlled substances by a nurse-midwife for any condition. The bill would require Schedule II or III controlled substances furnished or ordered by a certified nurse-midwife for any condition to be furnished or ordered in accordance with a patient-specific protocol approved by a physician and surgeon. The bill would revise the definition of standardized procedure to mean a document, including protocols, developed in collaboration with, and approved by, a physician and surgeon and the certified nurse-midwife. The bill would require a certified nurse-midwife who is authorized to furnish or issue a drug order for a controlled substance to additionally register with the Controlled Substance Utilization Review and Enforcement System (CURES) . The bill would authorize a certified nurse-midwife to procure supplies and devices, obtain and administer diagnostic tests, obtain and administer nonscheduled drugs consistent with the provision of services that fall within the scope of services specified by the bill, order laboratory and diagnostic testing, and receive reports, as specified. The bill would make it a misdemeanor for a certified nurse-midwife to refer a person for specified laboratory and diagnostic testing, home infusion therapy, and imaging goods or services if the certified nurse-midwife or their immediate family member has a financial interest with the person receiving a referral. By expanding the scope of a crime, the bill would impose a state-mandated local program. (4) Existing law authorizes a certified nurse-midwife to perform and repair episiotomies and repair lacerations of the perineum in specified health care facilities only if specified conditions are met, including that the protocols and procedures ensure that all complications are referred to a physician and surgeon immediately, and that immediate care of patients who are in need of care beyond the scope of practice of the certified nurse-midwife, or emergency care for times when the supervising physician and surgeon is not on the premises. This bill would delete those conditions, and instead would require a certified nurse-midwife performing and repairing lacerations of the perineum to ensure that all complications are referred to a physician and surgeon immediately, and that immediate care of patients who are in need of care beyond the scope of practice of the certified nurse-midwife, or emergency care when a physician and surgeon is not on the premises. (5) Existing law requires each live birth to be registered with the local registrar of births and deaths for the district in which the birth occurred within 10 days following the date of the event. Existing law makes the professionally licensed midwife in attendance at a live birth that occurs outside of a hospital or outside of a state-licensed alternative birth center responsible for entering the information on the birth certificate, securing the required signatures, and for registering the certificate with the local registrar. This bill instead would make the professionally licensed midwife or the certified nurse-midwife in attendance responsible for those duties. The bill would additionally require the information collected to include the planned place of birth and whether it was a hospital, freestanding birthing center, home delivery, clinic or physician's office, or other specified place. (6) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. (7) Existing law, for live births that occur outside of a hospital or outside of a state-licensed alternative birth center, requires the physician in attendance at the birth or, in the absence of a physician, the professionally licensed nurse-midwife in attendance at the birth or, in the absence of a physician or midwife, either one of the parents to be responsible for entering the information on the certificate of live birth, securing the required signatures, and registering the birth. This bill would add specified reporting and data collection requirements for certified nurse-midwives to the Nursing Practice Act. The bill, for all maternal or neonatal transfers to the hospital setting during labor or the immediate postpartum period when the place of birth intended at the onset of labor was an out-of-hospital setting with a certified nurse-midwife as birth care provider, would require the certified nurse-midwife to report certain data to the State Department of Public Health within 90 days of the transfer or death, as specified. If a maternal, fetal, or neonatal death occurred in an out-of-hospital setting during labor or the immediate postpartum period, the bill would require the nurse-midwife to report specified data to the department within 90 days of the death, as specified. The bill would require the department to specify the final form of the data submission. By expanding the scope of a crime, the bill would impose a state-mandated local program. The bill would require, no later than 412 years after these provisions are operative, and annually thereafter, the department to submit a report to the Legislature of the aggregate information, including, but not limited to, birth outcomes of patients under the care of a certified nurse-midwife, collected pursuant to these provisions. The bill would require the department to treat the information and data gathered for the creation of the report to the Legislature as confidential records and prohibit the disclosure of any patient or certified nurse-midwife information to any law enforcement or regulatory agency for any purpose, including, but not limited to, investigations for licensing, certification, or regulatory purposes. The bill would require information collected by the department pursuant to these provisions, not otherwise subject to current confidentiality requirements, to be treated as confidential records and made available only as provided. Under the bill, a violation of these provisions would subject the certified nurse-midwife to disciplinary or administrative action by the Board of Registered Nursing. This bill would make the operation of the provisions described in paragraph (7) contingent upon appropriation by the Legislature, as specified. (8) This bill would incorporate additional changes to Section 650.01 of the Business and Professions Code proposed by AB 890 to be operative only if this bill and AB 890 are enacted and this bill is enacted last. (9) 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 sales and use tax laws, among other things, impose a tax on retailers measured by the gross receipts from their sales of tangible personal property sold at retail in this state. The Sales and Use Tax Law designates that certain sellers of tangible personal property are consumers, and not retailers, of the tangible personal property they sell, including, until January 1, 2021, that an all volunteer fire department, as defined, is a consumer, and not a retailer, of all tangible personal property sold by it, if the profits are used solely and exclusively in furtherance of the purposes of the all volunteer fire department, subject to specified limitations, so that the retail sale subject to tax is the sale of tangible personal property to the all volunteer fire department. This bill would extend the operation of that consumer designation for all volunteer fire departments until January 1, 2026. Existing law requires any bill authorizing a new tax expenditure to contain, among other things, specific goals, purposes, and objectives that the tax expenditure will achieve, detailed performance indicators, and data collection requirements. The bill also would include additional information required for any bill authorizing a new tax expenditure. The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes counties and cities to impose local sales and use taxes in conformity with the Sales and Use Tax Law, and existing laws authorize districts, as specified, to impose transactions and use taxes in accordance with the Transactions and Use Tax Law, which generally conforms to the Sales and Use Tax Law. Amendments to the Sales and Use Tax Law are automatically incorporated into the local tax laws. Existing law requires the state to reimburse counties and cities for revenue losses caused by the enactment of sales and use tax exemptions. This bill would provide that, notwithstanding Section 2230 of the Revenue and Taxation Code, no appropriation is made and the state shall not reimburse any local agencies for sales and use tax revenues lost by them pursuant to this bill. This bill would take effect immediately as a tax levy.
This measure would rename the fourth bore of the Caldecott Tunnel the Representative Ellen O'Kane Tauscher Memorial Bore. The measure would request the Department of Transportation to determine the cost of erecting appropriate signs showing this special designation and, upon receiving sufficient donations from nonstate sources to cover that cost, to erect those signs.