The California Residential Care Facilities for the Elderly Act generally requires the State Department of Social Services to license, inspect, and regulate residential care facilities for the elderly and imposes criminal penalties on a person who violates the act or who willfully or repeatedly violates any rule or regulation adopted under the act. The act prohibits a placement agency, as defined, from placing an individual in a licensed residential care facility for the elderly if the individual, because of a health condition, cannot be cared for within the limits of the license or requires inpatient care in a health facility. The act requires an employee of a placement agency who knows, or reasonably suspects, that a facility is improperly operating without a license to report the facility to the department, and requires the department to investigate those reports. The act further requires a placement agency to notify the appropriate licensing agency of any known or suspected incidents that would jeopardize the health or safety of residents in a facility. The act specifically makes a violation of these requirements a crime. Existing law requires a referral agency to obtain a license from the State Department of Public Health in order to refer a person to any extended care facility, skilled nursing home, or intermediate care facility. Existing law exempts a local public agency performing referral services without cost from these provisions. Under existing law, a violation of these provisions is subject to a civil penalty and suspension or revocation of the license. This bill would additionally require a referral agency to obtain a license from the State Department of Social Services in order to refer a person to a residential care facility for the elderly. The bill would prohibit an extended care facility, skilled nursing home, intermediate care facility, or residential care facility for the elderly from paying a commission or fee to a referral agency that is not licensed, as specified. The bill would prohibit a referral agency from holding any power of attorney or any other property of a person receiving referral services, or to receive or hold a client's property in any capacity. With respect to a residential care facility for the elderly, the bill would require a referral agency to disclose specified information to each person receiving its services, and to maintain records of those disclosures for a period of 3 years, as specified. The bill would specify that a referral agency licensee would be subject to specified provisions relating to placement agencies for residential care facilities for the elderly. By expanding the definition of a crime, the bill would impose a state-mandated local program. The bill would also require referral agencies to maintain liability insurance in specified amounts. The bill would also make it unlawful for an employee, independent contractor, or other person who is acting on behalf of a governmental agency, hospital, or other health care institution to offer, provide, or accept a payment, rebate, refund, commission, preference, or discount as payment, compensation, or inducement for referring patients, clients, or customers to a facility or licensee. Existing law makes specified persons mandated reporters of elder or dependent adult abuse, including administrators, supervisors, and licensed staff of a facility that provide care or services for elder or dependent adults. Under existing law, failure to report physical abuse, abandonment, abduction, isolation, financial abuse, or neglect of an elder or dependent adult is a misdemeanor. The bill would include owners, operators, and employees of a referral agency as mandated reporters. By expanding the crime of failure to report elder or dependent adult abuse, 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.
Sponsored bills
This measure would proclaim May 6, 2024, as California Holocaust Memorial Day and would urge all Californians to observe this day of remembrance for the victims of the Holocaust in an appropriate manner.
This measure would acknowledge April 2024 as Child Abuse Prevention Month and encourage Californians to work together to support youth-serving child abuse prevention activities in their communities and schools.
This measure would proclaim May 6, 2024, as California Holocaust Memorial Day and would urge all Californians to observe this day of remembrance for the victims of the Holocaust in an appropriate manner.
The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes counties and cities to impose a local sales and use tax in accordance with that law for tangible personal property sold at retail in the city or county, or purchased for storage, use, or other consumption in the city or county. That law requires the city or county to contract with the California Department of Tax and Fee Administration for the administration of the taxes and requires the department to transmit those taxes to the city or county. That law provides that for the purpose of a local sales tax adopted pursuant to that law, all retail sales are consummated at the place of business of the retailer unless otherwise specified. Existing law prohibits a local agency, defined to mean all cities and counties, from entering into any form of agreement that would result, directly or indirectly, in the payment, transfer, diversion, or rebate of Bradley-Burns local tax revenues to any person, as defined, for any purpose, if the agreement results in a reduction in the amount of Bradley-Burns local tax revenues that, in the absence of the agreement, would be received by another local agency and the retailer continues to maintain a physical presence within the territorial jurisdiction of that other local agency, with specified exceptions. This bill would additionally prohibit, on or after January 1, 2024, a local agency from entering into, renewing, or extending any form of agreement that would result, directly or indirectly, in the payment, transfer, diversion, or rebate of Bradley-Burns local tax revenues to any retailer, as defined, in exchange for the retailer locating or continuing to maintain a place of business that serves as the place of sale, as defined, within the territorial jurisdiction of the local agency if that place of business would generate revenue, from the sale of tangible property delivered to and received by the purchaser in the territorial jurisdiction of another local agency, for the local agency under the Bradley-Burns Uniform Local Sales and Use Tax Law. The bill would make those forms of agreements existing before January 1, 2024, void and unenforceable on January 1, 2030. The bill would require a local agency to post those forms of agreements existing before January 1, 2024, on the local agency's internet website until the form of agreement expires or is made void and unenforceable by these provisions. The bill would make related findings and declarations. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
Existing law, the Medical Practice Act, establishes the Medical Board of California and the Osteopathic Medical Board of California to license and regulate the practice of medicine, and establishes examination, training, and other requirements for licensure as a physician and surgeon. A violation of the act is a misdemeanor. This bill, through November 30, 2024, would authorize a physician licensed to practice medicine in Arizona who meets certain requirements to practice medicine in California for the purpose of providing abortions and abortion-related care to patients who are Arizona residents traveling from Arizona, upon application for registration with the Medical Board of California or the Osteopathic Medical Board of California, as applicable. The bill would prohibit the physician from providing care or consultation for other purposes or to other patients, except under specified circumstances. The bill would require an Arizona physician, before practicing in California, to submit specified information to the Medical Board of California or the Osteopathic Medical Board of California, as applicable, including, among other information, written verification from the Arizona Medical Board or the Arizona Board of Osteopathic Examiners in Medicine and Surgery, or documentation printed from an online licensing system, that the physician's Arizona license to practice medicine is in good standing and confers on the physician the authority to practice abortions and abortion-related care. The bill would require the applicant to provide an affidavit attesting that, among other things, the applicant meets all of the requirements for registration, as specified, and would make it a misdemeanor for a person to provide false information. The bill would limit the information the California boards are required to disclose about a registrant. The bill would deem a physician registered pursuant to the bill's provisions a licensee of the applicable board, would authorize the applicable board to take enforcement against a person registered pursuant to the bill's provisions, and would prohibit the applicable boards from collecting any fees for registration. By creating a new crime, the bill would impose a state-mandated local program. The bill would repeal the bill's provisions on January 1, 2025. 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 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.
Existing law requires the court to order records sealed if a person is found to be factually innocent, including records of arrest and detention, upon written or oral motion of any party. Under existing law, if a writ of habeas corpus or motion to vacate a judgment is granted for specified reasons, the petitioner may move for a finding of factual innocence by a preponderance of the evidence for the purpose of obtaining compensation for the pecuniary injury sustained through the erroneous conviction and incarceration. This bill would require the Department of Justice in those circumstances to issue to the person a certificate of innocence and annotate the person's state summary criminal history information. The bill would require courts to order that relief be granted when a person is found to be factually innocent, and would require the court to report those proceedings to the Department of Justice. The bill would additionally require the Department of Justice to send notice of findings of innocence to all agencies and officers that it had previously notified of the arrest or other proceedings against the person.
Existing law establishes the California School for the Deaf, Northern California, the California School for the Deaf, Southern California, known collectively as the California School for the Deaf, and the California School for the Blind, as the state special schools, under the administration of the State Department of Education. Existing law requires the Department of Human Resources to consider making salaries for teachers, specialists, and administrators of the state special schools competitive with the salaries of similarly qualified school teachers, specialists, and administrators who are employed by the encompassing school districts. This bill would instead require the department to establish salaries for school personnel, as defined, of the state special schools that are comparable with the salaries of similarly qualified school personnel who are employed by the encompassing school districts.
Existing law, the Pharmacy Law, establishes the California State Board of Pharmacy and sets forth its powers and duties relating to the licensing and regulation of pharmacists, pharmacy technicians, and pharmacies. Existing law authorizes a pharmacy technician to perform packaging, manipulative, repetitive, or other nondiscretionary tasks only while assisting, and while under the direct supervision and control of, a pharmacist. Existing law prohibits a pharmacy with only one pharmacist from having more than one pharmacy technician performing those tasks and prohibits the ratio of pharmacy technicians performing those tasks for any additional pharmacist from exceeding a 2 to 1 ratio, except as specified. This bill would instead authorize a pharmacy with only one pharmacist to have up to 4 pharmacy technicians performing those tasks and would prohibit the ratio of pharmacy technicians performing those tasks for any additional pharmacist from exceeding a 4 to 1 ratio.
Existing law requires a hotel, third-party booking service, hosting platform, or short-term rental, as defined, to allow a reservation for a hotel accommodation or a short-term rental located in California to be canceled without penalty for at least 24 hours after the reservation is confirmed if the reservation is made 72 hours or more before the time of check-in. Existing law requires the hotel, third-party booking service, hosting platform, or short-term rental, if a consumer cancels a reservation pursuant to that provision, to issue a refund to a consumer for all amounts paid to the hosting platform, hotel, third-party booking service, or short-term rental to the original form of payment within 30 days of the cancellation of the reservation. Existing law authorizes the Attorney General and certain other public attorneys, to bring an action to enforce these provisions and requires a court to impose a civil penalty of not more than $10,000 for each violation. This bill would expand these provisions, beginning on July 1, 2026, to also apply to a reservation made in California for a hotel accommodation or short-term rental that is advertised in California.