Existing law consolidated within the State Department of Health Care Services all substance use disorder functions and programs from the former State Department of Alcohol and Drug Programs. The existing Adolescent Alcohol and Drug Treatment and Recovery Program Act of 1998, which authorized the State Department of Alcohol and Drug programs to establish community-based nonresidential and residential recovery programs to intervene and treat the problems of alcohol and other drug use among youth, became inoperative on July 1, 2013. This bill would repeal those inoperative provisions and would enact the Children, Adolescents, and Young Adults Substance Use Disorder Treatment Act. The bill would require the department to convene an expert panel on or before January 1, 2020, to advise the department solely on the development of youth substance use disorder (SUD) treatment quality standards, as specified. The bill would require the department, on or before July 1, 2021, to adopt regulations to establish youth SUD treatment quality standards, as specified. The bill would require each county to designate a single public agency that is responsible for administering the provision of youth SUD treatment services within that county. The bill would require the agency to, among other things, ensure, in conjunction with the county office of education and other local education agencies, that all programs in the county providing youth SUD prevention and treatment services are providing coordinated services. By requiring additional duties of local governments, this bill would create a state-mandated local program. The bill would additionally define youth SUD treatment services as including any publicly funded direct services intended to treat substance use disorders for individuals from birth to 26 years of age, inclusive. The bill would require a public agency or private entity that provides youth SUD treatment services after January 1, 2022, to comply with the standards adopted by the department and would limit which entities may provide youth SUD treatment services. The bill would, after July 1, 2022, require youth SUD treatment programs to be certified in accordance with the regulations adopted by the department. The bill would prohibit a county from contracting to provide youth SUD treatment services with an entity that does not comply with these provisions. The bill would require the department to report to the Legislature regarding the standards on or before January 1, 2023, and annually thereafter. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Sponsored bills
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. Existing law defines "alcoholism or drug abuse recovery or treatment facility" to mean any premises, place, or building that provides 24-hour residential nonmedical services, as defined, to adults who are recovering from problems related to alcohol, drug, or alcohol and drug misuse or abuse, and who need alcohol, drug, or alcohol and drug recovery treatment or detoxification services. Existing law requires licensees to provide specified nonmedical services, including recovery, treatment, or detoxification, and requires the department to adopt regulations requiring records and procedures that are appropriate for those services, including discharge and continuing care planning. Existing law authorizes the department to certify alcoholism or drug abuse recovery or treatment programs, to, among other things, identify programs that exceed minimal levels of service quality. This bill would change the definition of "alcoholism or drug abuse recovery or treatment facility" to include facilities that provide residential nonmedical services for less than 24 hours in a day, thereby subjecting additional facilities to the above-referenced licensing and regulatory requirements applicable to those facilities. This bill would require all programs licensed or certified by the department through the provisions above to disclose specified information to the department, including, among other things, ownership of a recovery residence, as defined. The bill would require a licensee to develop a plan to address when a resident relapses that would include, among other things, discharge and continuing care planning, as specified. The bill would require the department to adopt regulations to implement that provision no later than January 1, 2021, and would authorize the use of bulletin or all-county or all-provider letters, until those regulations are adopted. The bill would prohibit a licensee from denying admission to any individual based solely on the individual having a valid prescription from a licensed health care professional for a medication approved by the federal Food and Drug Administration for the purpose of narcotic replacement treatment or medication-assisted treatment of substance use disorders. The bill would authorize the department to terminate review of an application for licensure from any person or entity that previously had a license suspended or revoked for a period of 5 years after the suspension or revocation.
Existing state sales and use tax laws impose a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state. The Sales and Use Tax Law provides various exemptions from those taxes, including an exemption for the sale of, or the storage, use, or other consumption of, meals and food products that are furnished or served by any nonprofit veteran's organization for purposes of fundraising, as specified. This bill, on and after January 1, 2019, and before January 1, 2025, would exempt from these taxes the gross receipts from the sale of, and the storage, use, or other consumption in this state of, building materials and supplies purchased by a qualified person for use by that qualified person in the construction of specified military and veteran medical facilities. The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes cities and counties 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 cities and counties for revenue losses caused by the enactment of sales and use tax exemptions. This bill would provide that, notwithstanding these provisions, no appropriation is made and the state shall not reimburse cities and counties for sales and use tax revenues lost by them pursuant to this bill. This bill would take effect immediately as a tax levy.
Existing law establishes a workers' compensation system, administered by the Administrative Director of the Division of Workers' Compensation, to compensate an employee for injuries sustained in the course of his or her employment. Existing law requires workers' compensation proceedings to commence within one year of specified dates and circumstances, including, among others, the date of injury. Existing law provides that whenever any peace officer, as defined, is injured, dies, or is disabled from performing his or her duties as a peace officer by reason of engaging in the apprehension or attempted apprehension of law violators or suspected law violators, or protection or preservation of life or property, or the preservation of the peace anywhere in this state, including the local jurisdiction in which he or she is employed, but is not at the time acting under the immediate direction of his or her employer, the peace officer or his or her dependents, as the case may be, shall be accorded by his or her employer all of the same benefits, including the benefits that the peace officer or his or her dependents would have received had that peace officer been acting under the immediate direction of his or her employer. Existing law provides that any injury, disability, or death incurred under the circumstances described in this section shall be deemed to have arisen out of and been sustained in the course of employment for purposes of workers' compensation and all other benefits. This bill would state that an employer, at its discretion or in accordance with specified policies, is not precluded from accepting liability for compensation for an injury sustained by a peace officer by reason of engaging in the apprehension or attempted apprehension of law violators or suspected law violators, or protection or preservation of life or property, or the preservation of the peace, outside the state of California, but who was not at the time acting under the immediate direction of his or her employer, including any claims for injuries sustained by peace officers during the October 1, 2017, mass shooting in Las Vegas, Nevada, if the employer determines providing compensation serves its public purposes. The bill, for purposes of worker's compensation claims filed for injuries sustained during the October 1, 2017, mass shooting in Las Vegas, Nevada, would deem the date of injury as the operative date of these provisions. The bill would provide that acceptance of liability shall not affect the determination of whether or not the peace officer acted within the scope of his or her employment for any other purpose.
(1) The Medical Practice Act provides for the licensure and regulation of physicians and surgeons by the Medical Board of California. Under that act, the board is required to adopt and administer standards for the continuing education of physicians and surgeons. Existing law requires a physician and surgeon to complete a mandatory continuing education course in the subjects of pain management and the treatment of terminally ill and dying patients. That act requires the board to give its highest priority to considering a course in pain management among its continuing education requirements for licensees, and requires the board to periodically develop and disseminate information and educational material on pain management techniques and procedures to licensees and general acute care hospitals. This bill would require, for physicians and surgeons licensed on or after January 1, 2019, the mandatory continuing education course to also include the subject of the risks of addiction associated with the use of Schedule II drugs. The bill would require the board to give its highest priority to considering a course in the risks of addiction associated with the use of Schedule II drugs among its continuing education requirements for physicians and surgeons and would require the board to periodically develop and disseminate information and educational material on the risks of addiction associated with the use of Schedule II drugs to physicians and surgeons and general acute care hospitals. (2) The Nursing Practice Act provides for the licensure and regulation of the practice of nursing by the Board of Registered Nursing and makes a violation of its provisions a crime. Existing law authorizes a certified nurse-midwife to furnish or order drugs or devices under specified circumstances, including board certification that the certified nurse-midwife has completed a course in pharmacology, as specified. This bill would require the pharmacology course to include the risks of addiction and neonatal abstinence syndrome associated with the use of opioids. Existing law also authorizes a nurse practitioner to furnish or order drugs or devices under specified circumstances, including board certification that the nurse practitioner has completed a course in pharmacology, as specified. Existing law requires nurse practitioners who are authorized to furnish Schedule II controlled substances to complete a mandatory continuing education course in Schedule II controlled substances. This bill would require the mandatory continuing education course to include the risks of addiction associated with their use. By expanding the scope of a crime under the Nursing Practice Act, the bill would impose a state-mandated local program. (3) The Physician Assistant Practice Act provides for licensure and regulation of physician assistants by the Physician Assistant Board and authorizes a physician assistant to perform medical services as set forth by regulations when those services are rendered under the supervision of a licensed physician and surgeon, as specified. The act prohibits a physician assistant from administering, providing, or issuing a drug order to a patient for Schedule II through Schedule V controlled substances without advance approval by a supervising physician and surgeon for that particular patient unless the physician assistant has completed an education course that meets specific standards. This bill would require that course to include the risks of addiction associated with the use of Schedule II controlled substances. (4) The Pharmacy Law provides for the licensure and regulation of pharmacists, pharmacy technicians, and pharmacies by the California State Board of Pharmacy. Existing law requires the board to promulgate regulations that require a standardized, patient-centered, prescription drug label on all prescription medicine dispensed to patients in California. The act makes a violation of its provisions a crime. This bill would require a pharmacy or practitioner dispensing an opioid to a patient for outpatient use to prominently display on the label or container a notice that warns of the risk of overdose and addiction, as specified. Because a violation of that requirement would be a crime, the bill would impose a state-mandated local program. (5) The Dental Practice Act provides for the licensure and regulation of persons engaged in the practice of dentistry by the Dental Board of California, which is within the Department of Consumer Affairs. The act authorizes the board, as a condition of license renewal, to require licentiates to successfully complete a portion of required continuing education hours in specific areas, including patient care, health and safety, and law and ethics. This bill would include the risks of addiction associated with the use of Schedule II drugs in those specific areas of continuing education. (6) Existing law, the Osteopathic Act, establishes the Osteopathic Medical Board of California, which issues certificates to, and regulates, osteopathic physicians and surgeons. Existing law requires the board to require each licensed osteopathic physician and surgeon to complete a minimum of 100 hours of American Osteopathic Association continuing education hours during each 2-year cycle, of which 40 hours must be completed in American Osteopathic Association Category 1 continuing education hours as a condition for renewal of an active license. This bill would additionally require licensed osteopathic physician and surgeons to complete a course on the risks of addiction associated with the use of Schedule II drugs. (7) The Optometry Practice Act provides for the licensure and regulation of the practice of optometry by the State Board of Optometry. The act requires an optometrist certified to use therapeutic pharmaceutical agents to complete a total of 50 hours of continuing education every 2 years in order to renew his or her certificate. Existing law requires 35 of the 50 hours of continuing education to be on the diagnosis, treatment, and management of ocular disease in any combination of specified areas, including pain medication. This bill would expand the areas of continuing education to include risks of addiction associated with the use of Schedule II drugs. (8) The California Uniform Controlled Substances Act classifies opioids as Schedule II controlled substances and places restrictions on the prescription of those drugs, including prohibiting refills and specifying the requirements of a prescription for these drugs. The act makes a violation of its provisions a crime. This bill would require a prescriber to discuss specified information with the minor, the minor's parent or guardian, or other adult authorized to consent to the minor's medical treatment before directly dispensing or issuing for a minor the first prescription in a single course of treatment for a controlled substance containing an opioid. This bill would provide that a violation of these requirements is not a criminal offense. (9) Existing law requires a school district, charter school, or private school that elects to offer an athletic program to take specified actions if an athlete is suspected to have sustained a concussion and to obtain a signed concussion and head injury information sheet from the athlete and athlete's parent or guardian before the athlete initiates practice or competition. This bill would require a youth sports organization, as defined, that elects to offer an athletic program to annually give a specified Opioid Factsheet for Patients to each athlete, and would require each athlete and his or her parent to sign a document acknowledging receipt of that factsheet, as specified. (10) Existing law requires a youth sports organization, as defined, that elects to offer an athletic program to, among other things, annually give a concussion and head injury information sheet to each athlete and requires that the sheet be signed, as specified. This bill would also require a youth sports organization that elects to offer an athletic program to annually give a specified Opioid Factsheet for Patients to each athlete, and would require each athlete and his or her parent to sign a document verifying receipt of that factsheet, as specified. This bill would incorporate additional changes to Section 1645 of the Business and Professions Code proposed by SB 1491 to be operative only if this bill and SB 1491 are enacted and this bill is enacted last. 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 requires the adopted course of study for grades 1 to 12, inclusive, to include, among other subjects, the social sciences. Existing law encourages instruction in the area of social sciences for grades 7 to 12, inclusive, that may include instruction on the Vietnam War, including a component drawn from personal testimony of Southeast Asians who were involved in the Vietnam War and men and women who contributed to the war effort on the homefront, as specified. Existing law requires the State Board of Education, with the assistance of the Superintendent of Public Instruction, to establish a list of textbooks and other instructional materials that highlight the contributions of minorities in the development of California and the United States. Existing law establishes the Instructional Quality Commission and requires the commission to, among other things, recommend curriculum frameworks to the state board. This bill would require the commission to develop and submit to the state board, on or before December 31, 2022, and the state board to adopt, modify, or revise, on or before March 31, 2023, a model curriculum relative to the Vietnamese American refugee experience and a model curriculum relative to the Cambodian genocide, as specified, for use in elementary schools, middle schools, and high schools. The bill would encourage a school district, charter school, or county office of education that maintains kindergarten or any of grades 1 to 12, inclusive, that does not otherwise offer a standards-based curriculum relative to the Vietnamese American refugee experience, Vietnamese boat people, and the Republic of Vietnam Armed Forces, or that does not otherwise offer a standards-based curriculum relative to the Cambodian genocide, to offer a course of study based on the respective model curriculum. The bill would require the model curricula to be developed with participation from specified entities and individuals. The bill would provide that implementation of its provisions is subject to the receipt of grants, donations, or other financial support from private or public sources for its purposes, including, but not limited to, an appropriation in the annual Budget Act or another statute. The bill would require the commission to develop a model curriculum in Hmong history and cultural studies, as provided. The bill would require the commission, on or before December 31, 2022, to submit the model curriculum to the state board for adoption, and would require the state board to adopt, modify, or reject the model curriculum on or before March 31, 2023. The bill would require the Superintendent, following the adoption of the model curriculum, to post the model curriculum on the State Department of Education's Internet Web site for use on a voluntary basis by educators. The bill, beginning in the school year following the adoption of the model curriculum, would encourage local educational agencies, as defined, to use the model curriculum to provide instruction in kindergarten and grades 1 to 12, inclusive. The bill would provide that implementation of its provisions is subject to the receipt of grants, donations, or other financial support from private or public sources for its purposes, including, but not limited to, an appropriation in the annual Budget Act or another statute.
Existing law, the Donahoe Higher Education Act, establishes the segments of the public postsecondary education system in the state, including the University of California administered by the Regents of the University of California, the California State University administered by the Trustees of the California State University, and the California Community Colleges administered by the Board of Governors of the California Community Colleges. The provisions of the act apply to the University of California only to the extent that the Regents of the University of California, by appropriate resolution, make them applicable. The act prohibits campuses of those segments from charging mandatory systemwide tuition or fees to specified students who apply for a waiver. This bill would, in addition, prohibit the University of California and California State University campuses from charging mandatory systemwide tuition or fees to current or former foster youth, who meet certain requirements, for a total of the equivalent of attendance in a 4-year undergraduate program.
Existing law establishes a specialized license plate program under which the Department of Motor Vehicles (DMV) issues specialized license plates on behalf of a sponsoring state agency that meets certain requirements. Existing law authorizes the Department of Veterans Affairs to sponsor a Gold Star Family specialized license plate program, which allows specified persons to apply for Gold Star Family license plates. Existing law requires that Gold Star Family license plates be issued in a sequential series. Existing law imposes additional fees for the issuance and renewal of specialized license plates, but exempts Gold Star Family license plates from these fees. Existing law also requires an applicant to pay specified environmental fees when applying for a specialized environmental license plate, and directs the DMV to deposit this revenue in the California Environmental License Plate Fund. This bill would, commencing January 1, 2020, require the DMV to issue Gold Star Family license plates as environmental license plates if the requester pays the above-described environmental license plate fees and specialized license plate fees. The bill would direct the revenue generated from the environmental license plate fees to be deposited into the Motor Vehicle Account within the State Transportation Fund until the DMV's upfront cost of implementing this program is covered. The bill would then direct this revenue to be deposited into the Veterans Service Office Fund.
Existing state and federal law sets specified limits on the total gross weight imposed on the highway by a vehicle with any group of 2 or more consecutive axles. Existing federal law authorizes a vehicle operated by an engine fueled primarily by natural gas to exceed these weight limits by an amount equal to the difference between the weight of the vehicle attributable to the natural gas tank and fueling system carried by that vehicle and the weight of a comparable diesel tank and fueling system. Under existing federal law, the maximum gross vehicle weight of that vehicle may not exceed 82,000 pounds. This bill would, to the extent expressly authorized by federal law, authorize a near-zero-emission vehicle or a zero-emission vehicle, as defined, to exceed the weight limits on the power unit by up to 2,000 pounds. Existing law prohibits a weighmaster from certifying the gross weight of a vehicle if the scale is located at the site where the vehicle is loaded, the vehicle is weighed before entering a highway, and the vehicle's gross weight exceeds 80,000 pounds, except if a special permit is issued. This bill would increase the weight limit to 82,000 pounds for a near-zero-emission or zero-emission vehicle.
Existing law provides for creation of the North County Transit District, with various powers and duties relative to the planning and operation of a transit system in north San Diego County. Existing law authorizes the district to make contracts and to do all acts necessary and convenient for the full exercise of the district's powers in that regard. The Uniform Public Construction Cost Accounting Act authorizes a public agency, upon the election of its governing board, by resolution, to become subject to uniform construction cost accounting procedures. The act authorizes public projects of $45,000 or less to be performed by the employees of a public agency, authorizes public projects of $175,000 or less to be let to contract by informal procedures, and requires public projects of more than $175,000 to be let to contract by formal bidding procedures. This bill would authorize the district to opt in to the Uniform Public Construction Cost Accounting Act. This bill would revise and recast the district's authority to enter into other contracts, which, under existing law, generally requires contracts for the purchase of supplies, equipment, and material that exceed $50,000 to be awarded to the lowest responsible bidder. The bill would require the board to maintain acquisition and contracting guidelines and to comply with those guidelines in the procurement of all goods and services. The bill would, among other things, generally require contracts for the acquisition or lease of materials, supplies, or equipment with an expected cost that exceeds $100,000, as authorized by the board, to be made or entered into with the lowest responsible bidder, and would require the board to use a district-approved competitive procurement process in other circumstances. The bill would enact other provisions governing contracts for the acquisition of certain services. The bill would authorize negotiated procurements in certain cases. This bill would authorize the board to purchase supplies, equipment, or materials in the open market, in certain circumstances, and would authorize the executive director of the board to make expenditures of certain moneys to avert or alleviate damage to, or to repair or restore the damaged or destroyed property of, the district that are necessary to ensure that the district's facilities are available to serve the transportation needs of the general public or to comply with any state or federal regulation with respect to the operation of public transportation services. The bill would also specify procedures for single source procurement. This bill would authorize a person who submits, or who plans to submit, a proposal in response to a procurement solicitation to protest acquisitions conducted pursuant to some of the processes described above. Because this bill would impose new duties on local public officials, the bill would create 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.