Sen. Akilah Weber Pierson

Existing law, the Pharmacy Law, establishes in the Department of Consumer Affairs the California State Board of Pharmacy to license and regulate the practice of pharmacy. The Pharmacy Law authorizes a prescriber or a prescriber's authorized agent to electronically enter a prescription into a pharmacy's or hospital's computer from a location outside of the pharmacy or hospital. The Pharmacy Law makes those provisions inapplicable to prescriptions for controlled substances classified in Schedule II, III, IV, or V, except as permitted pursuant to specified provisions. That law generally punishes a knowing violation of its provisions as a misdemeanor. This bill would delete the provision making the authorization to electronically enter a prescription inapplicable to controlled substances. The bill would also authorize a pharmacist located and licensed in the state to, on behalf of a licensed health care facility, from a location outside of the facility, verify medication chart orders for appropriateness before administration consistent with federal requirements, as established in the health care facility's policies and procedures. The bill would require a health care facility to maintain a record of a pharmacist's verification of a medication chart order pursuant to that provision, as specified. By expanding the scope of the crime of violating the Pharmacy Law, 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 bill would declare that it is to take effect immediately as an urgency statute.

Existing law prohibits a person from being tried or adjudged to punishment while that person is mentally incompetent. Existing law establishes a process by which, if the mental competency of a defendant is in doubt, the defendant's mental competency is evaluated and the defendant receives treatment with the goal of returning the defendant to competency, as specified. Existing law requires a court to appoint 2 mental health professionals to examine a defendant if the defendant is seeking a finding of mental incompetence. This bill would only require the appointment of a 2nd mental health professional if requested by the defendant. The bill would require the evaluating mental health professional to submit a report to the court within 30 days and would specify the required contents of the report. The bill would also clarify that any statements made by the defendant as part of the evaluation are inadmissible in subsequent proceedings. This bill would authorize the court, if no objection is made to the report, to make a finding of the defendant's competence based on the report. The bill would, if any party objects to the report, require the court to hold a hearing to determine competence, as specified. Existing law, in the case of a defendant charged with a felony, requires that, upon a finding of mental incompetence, the proceedings be suspended until the defendant regains competence. Existing law prescribes a program of pretrial diversion for defendants with a diagnosed mental disorder whose disorder was a significant factor in the commission of their offense. Under existing law, persons charged with certain offenses, including murder, rape, sexual abuse of a child, and possession of a weapon of mass destruction, are ineligible for diversion. This bill would require the court, upon a finding of mental incompetence of a defendant charged with a felony that is not ineligible for diversion, to determine if it is in the interests of justice to restore the defendant to competence. The bill would require the court, if the restoration of the defendant's mental competence is not in the interests of justice, to either grant mental health diversion to the defendant or dismiss the charges against the defendant, as specified. If a defendant is returned to court having not been restored to mental competence, this bill would require the defendant to be presumed incompetent and, if the charges are not dismissed, be returned to treatment, as specified. The bill would make other conforming changes.

Existing law establishes the California State University and its various campuses under the administration of the Board of Trustees of the California State University. Existing law requires the California State University to provide for courses in ethnic studies at each of its campuses. Existing law, commencing with students graduating in the 2024–25 academic year, requires the California State University to require, as an undergraduate graduation requirement, the completion of, at minimum, one 3-unit course in ethnic studies. This bill would require the California State University to collaborate with the Academic Senate of the California State University, the Academic Senate for California Community Colleges, the California Community Colleges Ethnic Studies Faculty Council, and the California State University Council on Ethnic Studies to ensure the development of a process, on or before December 31, 2024, for eligible community college ethnic studies courses to meet the requirements of a California State University ethnic studies course provided pursuant to these provisions for students who transfer to the California State University from California Community Colleges. The bill would require the California State University Council on Ethnic Studies to make the final decision on whether a community college course satisfies the California State University requirements for ethnic studies. The bill would provide that a community college course that has been approved for the California State University ethnic studies requirements as of December 1, 2023, no longer satisfies those requirements on and after August 1, 2025, unless the course is approved under the process developed pursuant to this bill, except that the bill, notwithstanding that provision, would prohibit requiring students who have successfully completed an approved community college ethnic studies course before August 1, 2025, from taking another course to meet the California State University requirements for ethnic studies.

This measure would declare that the Legislature should pass laws that halt the importation of cobalt or any product using cobalt mined in Africa using child slave labor and encourage the production of cobalt and other critical minerals ethically sourced from within the United States.

(1) Under existing law, a person sentenced to imprisonment in a state prison or in a county jail for a felony offense, as specified, may, during that period of confinement, be deprived of only those rights as is reasonably related to legitimate penological interests. Existing law enumerates certain civil rights of these prisoners, including the right to purchase, receive, and read newspapers, periodicals, and books accepted for distribution by the United States Post Office. This bill would include the right to personal visits by an intimate partner or a family member, as those terms are defined, as a civil right, as specified. The bill would provide that these civil rights may not be infringed, except as necessary and only if narrowly tailored to further a compelling security interest of the government, and would provide that any governmental action related to these civil rights may be reviewed in court for legal or factual error. (2) Existing law authorizes the Secretary of the Department of Corrections and Rehabilitation to prescribe and amend rules and regulations for the administration of prisons and requires regulations, which are adopted by the Department of Corrections and Rehabilitation and may impact the visitation of inmates. Existing law requires these regulations to recognize and consider the value of inmate visitation as a means of increasing safety in prisons, maintaining family and community connections, and preparing inmates for successful release and rehabilitation. Existing regulations create the framework for establishing a visitation process in prisons that is conducted in as accommodating a manner as possible, subject to the need to maintain order, the safety of persons, the security of institutions and facilities, and required prison activities and operations. This bill would additionally require those regulations pertaining to inmate visits to recognize and consider the right to personal visits as a civil right. The bill would prohibit the department from denying or restricting in-person contact visits except as specified, including as a disciplinary sanction against the incarcerated person who has committed a listed offense during a personal visit. The bill would require the department to inform both the visitor and the incarcerated person of the specific reason for any denial of a visit, as specified. The bill would require the department to provide at least 3 days of in-person visiting per week, with a minimum of 7 visiting hours per day.

This measure would recognize July 17, 2023, to July 23, 2023, as Outdoor Worker Appreciation Week.

This measure would declare the month of October 2023 as Sudden Infant Death Syndrome (SIDS) Awareness Month.

This measure would designate the month of November 2023 to be California's Sikh American Awareness and Appreciation Month. The measure would recognize and acknowledge the significant contributions made by Californians of Sikh heritage to our state and would seek to afford all Californians the opportunity to better understand, recognize, and appreciate the rich history and shared principles of Sikh Americans. The measure would condemn all hate crimes and bias incidents against Sikh Americans and would encourage all Sikhs to practice their faith freely and fearlessly.

This measure would designate the month of October 2023 as California Hindu American Awareness and Appreciation Month. The measure would also recognize and acknowledge the significant contributions made by Californians of Hindu heritage to the state and seek to increase awareness and understanding of the Hindu American community.