CDCAN: GOVERNOR TAKES ACTION THURSDAY ON 48 BILLS

GOVERNOR TAKES ACTION THURSDAY ON 48 BILLS – SIGNS 42 AND VETOES 6;  SIGNS SB 577 EMPLOYMENT PILOT BILL FOR PEOPLE WITH AUTISM AND DEVELOPMENTAL DISABILITIES; SIGNS STATE COUNCIL ON DEVELOPMENTAL DISABILITIES RESTRUCTURING BILL AB 1595; APPROVES SB 1093 ON NEW REQUIREMETNS FOR REGIONAL CENTERS IN CULTURALLY AND LINGUISTICALLY COMPETENT SERVICES
 
SACRAMENTO, CA [CDCAN LAST UPDATED 09/19/2014 – 01:06 AM] – Governor Edmund G. “Jerry” Brown, Jr. took action on 48 bills Thursday (September 18th), signing 42 and vetoing 6.
    Among those he acted on included several bills impacting children and adults with disabilities, mental health needs, seniors and low income families, including several key bills impacting people with developmental disabilities.  The Governor has until midnight September 30th to sign or veto bills passed by the Legislature in its final days of the 2014 Legislative session that adjourned August 30th.  Hundreds of bills remain on the Governor’s desk. 
    Here is a CDCAN summary of bills that Governor Brown took action on yesterday (September 18th): [CDCAN will provide a full report on all bills impacting people with disabilities, mental health needs, seniors and low income families each day and a wrap up of all bills acted on at the end of the month]:
 
DEVELOPMENTAL DISABILITIES & SERVICES RELATED BILLS
The bills acted on yesterday by the Governor impacting developmental services for children and adults with developmental disabilities, including those eligible with autism spectrum and related disorders:
 
AB 1595 – STATE COUNCIL ON DEVELOPMENTAL DISABILITIES
AUTHOR: Assemblymember Wes Chesbro (Democrat – Arcata)
CDCAN SUMMARY OF BILL (AS SENT TO GOVERNOR):
    Revises the responsibilities in State law of the State Council on Developmental Disabilities (SCDD), including restructuring the role and scope of California’s 13 Area Boards on Developmental Disabilities, to comply with the requirements of the federal Administration on Intellectual and Developmental Disabilities (AIDD), which has designated the SCDD as being at high risk and limited access to its $6.5 million grant.  
    Also revises the authorization for the Department of Developmental Services (DDS) to contract with SCDD for advocacy services within its state developmental centers and makes other conforming changes.
PDF DOCUMENT COPY (60 PAGES) OF BILL AS SIGNED BY GOVERNOR:
http://www.leginfo.ca.gov/pub/13-14/bill/asm/ab_1551-1600/ab_1595_bill_20140918_chaptered.pdf
LATEST ACTION 09/18/2014: SIGNED by the Governor.
NEXT STEPS: Becomes law January 1, 2015
 
SB 577 – AUTISM AND OTHER DEVELOPMENTAL DISABILTIIES: EMPLOYMENT
AUTHOR: Sen. Fran Pavley (Democrat – Agoura Hills)
CDCAN SUMMARY OF BILL (AS SENT TO GOVERNOR):
    Requires the Department of Developmental Services (DDS), contingent upon receiving federal matching funds, to conduct a four-year demonstration project to determine whether community-based vocational development services will increase employment outcomes for eligible people with developmental disabilities and reduce purchase of service costs for working age adults.
    Requires the development and semiannual review of a plan, as specified in the bill, if community-based vocational development services are determined to be necessary.
    Establishes an hourly rate for community-based vocational development services for all services identified and provided in the plan. 
    Requires the Department of Developmental Services to publish a notice on their website when the demonstration project has been implemented, and to make determinations and notify the Legislature concerning the project’s effectiveness, as specified in the bill, at the project’s conclusion. 
    Establishes a sunset (ending) date of January 1, 2025 for the provisions of this bill.
PDF DOCUMENT COPY (4 PAGES) OF BILL AS SIGNED BY GOVERNOR:
http://www.leginfo.ca.gov/pub/13-14/bill/sen/sb_0551-0600/sb_577_bill_20140918_chaptered.pdf
LATEST ACTION 09/18/2014: SIGNED by the Governor.
NEXT STEPS: Becomes law January 1, 2015
 
SB 1093 – REGIONAL CENTERS: CULTURALLY AND LINGUISTICALLY COMPETENT SERVICES
AUTHOR: Sen. Carol Liu (Democrat – La Canada Flintridge)
CDCAN SUMMARY OF BILL (AS SENT TO GOVERNOR):
    Requires regional centers to provide independent living skills services to an adult individual with developmental disabilities eligible for services.
    Requires regional centers to hold the annual stakeholder meetings regarding data that includes residency type, race or ethnicity, and primary language, separately from any meetings of its board of directors and to schedule the meetings at times and locations designed to result in a high turnout by the public and underserved communities. 
    Would require that annual performance objectives be designed to, among other things, develop services and supports identified as necessary to meet identified needs, which includes culturally and linguistically appropriate services and supports.
    Requires that, if a regional center is placed on probation, the Department of Developmental Services also provide a copy of the correction plan, timeline, and any other action taken by the department to a specified clients’ rights advocacy contractor.
    Also requires each regional center to  annually report to the Department of Developmental Services (DDS) specified information regarding its implementation of these provisions and requires the reports to be posted on the Department of Developmental Services and each regional center’s website by August 31 of each year.
PDF DOCUMENT COPY (6 PAGES) OF BILL AS SIGNED BY GOVERNOR:
http://www.leginfo.ca.gov/pub/13-14/bill/sen/sb_1051-1100/sb_1093_bill_20140918_chaptered.pdf
LATEST ACTION 09/18/2014: SIGNED by the Governor.
NEXT STEPS: Becomes law January 1, 2015
 
SB 1127 – MISSING SENIORS “SILVER ALERT”: INDIVIDUALS WITH DEVELOPMENTAL DISABILITES AND COGNITIVE IMPAIRMENTS
AUTHOR: Sen. Norma J. Torres (Democrat – Pomona)
CDCAN SUMMARY OF BILL (AS SENT TO GOVERNOR):   
    Existing State law authorizes a law enforcement agency, if a person is reported missing to the law enforcement agency, and that agency determines that certain requirements are met, including, among others, that the missing person is 65 years of age or older, to request the California Highway Patrol to activate a “Silver Alert” (similar to the “Amber Alert” for children).
    Would include a missing person who is developmentally disabled or cognitively impaired among the persons who may be the subject of the State’s existing “Silver Alert”.
    Would also delete the existing January 1, 2016 repeal date, which would make the “Silver Alert” and the provisions of this bill operate indefinitely.
PDF DOCUMENT COPY (2 PAGES) OF BILL AS SIGNED BY GOVERNOR:
http://www.leginfo.ca.gov/pub/13-14/bill/sen/sb_1101-1150/sb_1127_bill_20140918_chaptered.pdf
LATEST ACTION 09/18/2014: SIGNED by the Governor.
NEXT STEPS: Becomes law January 1, 2015
 
EDUCATION
While there were some other education finance related bills that the Governor took action on yesterday, this bill could have some impact on children with special needs and disabilities and their families:
 
AB 1993 – STUDENTS: BULLYING
AUTHOR: Assemblymember Steve Fox (Democrat – Palmdale)
CDCAN SUMMARY OF BILL (AS SENT TO GOVERNOR):
    Requires the Department of Education to develop an online training module regarding bullying.
PDF DOCUMENT COPY (1 PAGE) OF BILL AS SIGNED BY GOVERNOR:
http://www.leginfo.ca.gov/pub/13-14/bill/asm/ab_1951-2000/ab_1993_bill_20140918_chaptered.pdf
LATEST ACTION 09/18/2014: SIGNED by the Governor.
NEXT STEPS: Becomes law January 1, 2015
 
HEALTH INCLUDING MEDI-CAL
Following are health related bills that could have some impact on people with disabilities, mental health needs, the blind, seniors and low income families, providers and workers:
 
AB 809 – TELEHEALTH
AUTHOR: Assemblymember Dan Logue (Republican – Marysville)
CDCAN SUMMARY OF BILL (AS SENT TO GOVERNOR):
    This is an “urgency” bill that takes effect immediately upon signing of the bill.
    Deletes a requirement that informed consent for telehealth must be made by a provider at the originating site where the patient is located, allows written consent to be provided, rather than requiring consent to be verbal, and clarifies that current telehealth law does not preclude a patient from receiving in-person health care delivery services after agreeing to receive services via telehealth. 
LATEST ACTION 09/18/2014: SIGNED by the Governor.
NEXT STEPS: Took effect immediately upon approval of Governor and chaptering (filing) of the bill with the California Secretary of State. 
 
AB 1755 – MEDICAL INFORMATION
AUTHOR: Assemblymember Jimmy Gomez (Democrat – Los Angeles)
CDCAN SUMMARY OF BILL (AS SENT TO GOVERNOR):
    Revises provisions of State law requiring licensed health facilities to prevent disclosure of patients’ medical information by extending the deadline for health facilities to report unauthorized disclosures from five to 15 business days after unlawful or unauthorized access, use, or disclosure has been detected. 
    Authorizes the report made to the patient or the patient’s representative to be made by alternative means, including email, as specified by the patient. 
    Extends the deadline when reporting is delayed for law enforcement purposes, as specified, from five to 15 days business days after the end of the delay. 
    Gives the Department of Public Health full discretion to consider all factors when determining whether to conduct investigations under the provisions of this bill.
PDF DOCUMENT COPY (4 PAGES) OF BILL AS SIGNED BY GOVERNOR:
http://www.leginfo.ca.gov/pub/13-14/bill/asm/ab_1751-1800/ab_1755_bill_20140918_chaptered.pdf
LATEST ACTION 09/18/2014: SIGNED by the Governor.
NEXT STEPS: Becomes law January 1, 2015
 
AB 2029 – INQUESTS: SUDDEN UNEXPLAINED CHILDHOOD DEATH
AUTHOR: Assemblymember Ken Cooley (Democrat – Rancho Cordova).
CDCAN SUMMARY (AS SENT TO GOVERNOR):
Defines “sudden unexplained death in childhood,” and requires a coroner to notify the parent or a responsible adult of a child within the definition of the importance of taking tissue samples.
PDF DOCUMENT COPY (4 PAGES) OF BILL AS VETOED BY GOVERNOR:
http://www.leginfo.ca.gov/pub/13-14/bill/asm/ab_2001-2050/ab_2029_bill_20140829_enrolled.pdf
LATEST ACTION 09/18/2014: VETOED by Governor
GOVERNOR’S VETO MESSAGE:
To Members of the California State Assembly:
    I am returning Assembly Bill 2029 without my signature.
    This bill would add a statutory definition of “sudden unexplained death in childhood” and require coroners to notify parents or responsible parties about the importance of taking tissue samples when such an unexplained death occurs.
    Rather than creating a state mandate at this juncture, we should rely on coroners to use their best professional judgment to provide appropriate and relevant information to next of kin for this difficult circumstance.
    Sincerely,
    [SIGNED]
    Edmund G. Brown, Jr.
 
AB 2214 – EMERGENCY ROOM PHYSICIANS AND SURGEONS CONTINUING EDUCATION: GERIATIC CARE
AUTHOR: Assemblymember Steve Fox (Democrat – Palmdale)
CDCAN SUMMARY OF BILL (AS SENT TO GOVERNOR):
    Enacts the “Dolores H. Fox Act” to require the Medical Board of California to consider including a course in geriatric care for emergency room physicians and surgeons as part of its continuing education requirements.
PDF DOCUMENT COPY (2 PAGES) OF BILL AS SIGNED BY GOVERNOR:
http://www.leginfo.ca.gov/pub/13-14/bill/asm/ab_2201-2250/ab_2214_bill_20140918_chaptered.pdf
LATEST ACTION 09/18/2014: SIGNED by the Governor.
NEXT STEPS: Becomes law January 1, 2015
 
SB 1012 – HEALING ARTS: LICENSURE REQUIREMENTS
AUTHOR: Sen. Mark Wyland (Republican – Escondido)
CDCAN SUMMARY OF BILL (AS SENT TO GOVERNOR):
    Increases the number of hours, from five to six, which a marriage and family therapist (MFT) trainee or intern and a professional clinical counselor (PCC) intern may count towards their weekly supervision requirement
PDF DOCUMENT COPY OF BILL AS SIGNED BY GOVERNOR:
http://www.leginfo.ca.gov/pub/13-14/bill/sen/sb_1001-1050/sb_1012_bill_20140918_chaptered.pdf
LATEST ACTION 09/18/2014: SIGNED by the Governor.
NEXT STEPS: Becomes law January 1, 2015
 
SB 1083 – PHYSICIAN ASSISTANTS: DISABILITY CERTIFICATIONS
AUTHOR: Senator Fran Pavley (Democrat – Agoura Hills)
CDCAN SUMMARY OF BILL (AS SENT TO GOVERNOR):
    Amends the “Physician Assistant Practice Act” to authorize a physician assistant (PA) to certify claims for disability insurance (DI), after performance of a physical examination by the PA and under the supervision of a physician and surgeon; expands the definition of “practitioner” to include PAs.
    Requires the Employment Development Department (EDD) to implement these provisions on or before January 1, 2017.
PDF DOCUMENT COPY (4 PAGES) OF BILL AS SIGNED BY GOVERNOR:
http://www.leginfo.ca.gov/pub/13-14/bill/sen/sb_1051-1100/sb_1083_bill_20140918_chaptered.pdf
LATEST ACTION 09/18/2014: SIGNED by the Governor.
NEXT STEPS: Becomes law January 1, 2015
 
SB 1116 – PHYSICIANS AND SURGEONS
AUTHOR: Sen. Norma J. Torres (Democrat – Pomona)
CDCAN SUMMARY OF BILL (AS SENT TO GOVERNOR):
    Requires the Medical Board of California and the Osteopathic Medical Board of California to develop a mechanism for a physician and surgeon to pay a voluntary contribution, at the time of application for initial licensure or biennial renewal, to the “Steven M. Thompson Physician Corps Loan Repayment Program” on or before July 1, 2015.
PDF DOCUMENT COPY OF BILL AS SIGNED BY GOVERNOR:
http://www.leginfo.ca.gov/pub/13-14/bill/sen/sb_1101-1150/sb_1116_bill_20140918_chaptered.pdf
LATEST ACTION 09/18/2014: SIGNED by the Governor.
NEXT STEPS: Becomes law January 1, 2015
 
SB 1465 – HEALTH: EMSA, MEDI-CAL PROVIDERS, HOME HEALTH AGENCIES
AUTHOR: Senate Health Committee
CDCAN SUMMARY OF BILL (AS SENT TO GOVERNOR):
    This is an “urgency” bill that takes effect immediately upon signing of the bill.
    Requires county reports on the implementation and status of the Maddy Funds to be sent to the Emergency Medical Services Authority (EMSA) annually and requires the EMSA to compile and send a summary of the reports to the appropriate policy and fiscal committee in the Legislature.
    Permits the Department of Health Care Services to cancel a Medi-Cal provider application review process if an application package is withdrawn at the request of the applicant or provider.
    Extends the California Health Benefit Review Program from June 30, 2015, to December 31, 2015. 
    Requires the Department of Health Care Services to license a home health agency that applies for a Home Health Agency License and is accredited by an entity approved by the federal Centers for Medicare and Medicaid Services as a national accreditation organization, instead of the requirement that the home health agency be accredited by the Joint Commission on Accreditation of Healthcare Organization or the Community Health Accreditation Program.
    Requires the San Francisco City and County health authority to establish a member advisory committee to advise the authority on issues of concern to the Medi-Cal recipients of services and would delete the requirement that one of the 2
persons nominated by the committee be a Medi-Cal recipient and instead require the 2 persons nominated by the committee to be enrolled in a health care program operated by the health authority, or be the parent or legal guardian of an enrollee.
    Makes numerous other technical, clarifying changes to existing State law.
PDF DOCUMENT COPY (76 PAGES) OF BILL AS SIGNED BY GOVERNOR:
http://www.leginfo.ca.gov/pub/13-14/bill/sen/sb_1451-1500/sb_1465_bill_20140918_chaptered.pdf
LATEST ACTION 09/18/2014: SIGNED by the Governor.
NEXT STEPS: This is an “urgency bill” and took effect immediately upon approval of Governor and chaptering (filing) of the bill with the California Secretary of State. 
 
LEGAL ACCESS, LEGAL SERVICES AND COURTS
The following bills were acted on yesterday by the Governor related to the judicial system (courts), legal access, and criminal justice that could have some impact on people with disabilities, mental health needs, the blind, seniors and low income families.
 
AB 2370 – COURT INTERPRETERS
AUTHOR: Assemblymember Ed Chau (Democrat – Arcadia)
CDCAN SUMMARY (AS SENT TO GOVERNOR):
    Requires a judge, in any proceeding in which the court appoints an interpreter who does not hold an interpreter certificate
for a designated language, or who is qualified to interpret using a non-designated language but is not registered, to have stated on the record a finding that a certified or registered interpreter is not available, the name of the interpreter, and a statement that he or she meets the specified qualification requirements and that the interpreter’s oath was administered to the interpreter.
    Requires a judge in any court proceeding, when using a certified or registered court interpreter, to have stated on the record the name of the interpreter, his or her current interpreter certification or registration number, the language to be interpreted, a statement that the certified or registered interpreter’s identification has been verified by the court, and a statement that the interpreter’s oath was administered to him or her, or that he or she has an oath on file with the court, as specified.
    Requires certified or registered interpreters to state similar information for the record in depositions where a judge is not present, as specified.
PDF DOCUMENT COPY (3 PAGES) OF BILL AS SIGNED BY GOVERNOR:
http://www.leginfo.ca.gov/pub/13-14/bill/asm/ab_2351-2400/ab_2370_bill_20140918_chaptered.pdf
TEST ACTION 09/18/2014: SIGNED by the Governor.
NEXT STEPS: Becomes law January 1, 2015
 
AB 2494 – COURTS: FRIVOLOUS ACTIONS OR PROCEEDINGS
AUTHOR: Assemblymember Ken Cooley (Democrat – Rancho Cordova)
CDCAN SUMMARY OF BILL (AS SENT TO GOVERNOR):
    Authorizes a trial court to, until January 1, 2018, award reasonable expenses incurred as a result of bad-faith actions or tactics that are “frivolous” or solely intended to cause unnecessary delay by deleting language that currently limits that authorization to actions or tactics arising from a complaint filed or proceeding initiated on or before December 31, 1994.   
    Requires parties who file motions for an award of costs for bad-faith actions or tactics to transmit to the California Research Bureau (CRB) a copy of various documents associated with the motions. 
    Requires the California Research Bureau to maintain a public record of all information transmitted related to each motion for at least three years, and, on or before January 1, 2017, requires the California Research Bureau to submit a report to the Legislature examining the impact and effect of the changes made by this bill’s provisions
PDF DOCUMENT COPY (4 PAGES) OF BILL AS SIGNED BY GOVERNOR:
http://www.leginfo.ca.gov/pub/13-14/bill/asm/ab_2451-2500/ab_2494_bill_20140918_chaptered.pdf
LATEST ACTION 09/18/2014: SIGNED by the Governor.
NEXT STEPS: Becomes law January 1, 2015
 
AB 2746 – ATTORNEYS: ANNUAL MEMBERSHIP FEES (STATE BAR)
AUTHOR: Assembly Judiciary Committee
CDCAN SUMMARY OF BILL (AS SENT TO GOVERNOR):
Reauthorizes the State Bar of California (State Bar) to collect active membership dues of up to $390 for the year 2015.
PDF DOCUMENT COPY (3 PAGES) OF BILL AS SIGNED BY GOVERNOR:
http://www.leginfo.ca.gov/pub/13-14/bill/asm/ab_2701-2750/ab_2746_bill_20140918_chaptered.pdf
LATEST ACTION 09/18/2014: SIGNED by the Governor.
NEXT STEPS: Becomes law January 1, 2015
 
MENTAL HEALTH
The following bills deal with mental health related issues and were acted on by the Governor yesterday (September 18th).
 
AB 2198 – MENTAL HEALTH PROFESSINALS: SUICIDE PREVENTION TRAINING
AUTHOR: Assemblymember Marc B. Levine (Democrat – Rafael)
CDCAN SUMMARY (AS SENT TO GOVERNOR):
Requires Psychologists, Licensed Marriage and Family Therapists (LMFTs), Licensed Education Psychologists (LEPs), Licensed Clinical Social Workers (LCSWs), and Licensed Professional Clinical Counselors (LPCCs) to complete either 1 5 or more hours of coursework during a degree program, or six or more hours of continuing education (CE) coursework as part of license renewal, in the areas of suicide assessment, management, and treatment, depending on the professional’s date of graduation.
PDF DOCUMENT COPY (8 PAGES) OF BILL AS VETOED BY GOVERNOR:
http://www.leginfo.ca.gov/pub/13-14/bill/asm/ab_2151-2200/ab_2198_bill_20140821_enrolled.pdf
LATEST ACTION 09/18/2014: VETOED by Governor
GOVERNOR’S VETO MESSAGE:
To Members of the California State Assembly:
I am returning Assembly Bill 2198 without my signature.
This bill would require certain mental health professionals to complete a training program in “suicide assessment, treatment, and management.”
California has an extensive regulatory scheme that aims to ensure that California physicians, psychologists and counselors are skilled in the healing arts to which they have committed their lives. Rather than further legislating in this field, I would ask our licensing boards to evaluate the issues which this bill raises and take whatever actions are needed.
Sincerely
[Signed]
Edmund G. Brown, Jr.  
 
SB 1054 – MENTALLY ILL OFFENDER CRIME REDUCTION GRANTS
AUTHOR: Senate President Pro Tem Darrell Steinberg (Democrat – Sacramento)
CDCAN SUMMARY OF BILL (AS SENT TO GOVERNOR):
    Extends a recommendations plan deadline for the California Juvenile Justice Data Working Group (CJJDWG) and makes changes to the Mentally Ill Offender Crime Reduction (MIOCR) grant program.
PDF DOCUMENT COPY (4 PAGES) OF BILL AS SIGNED BY GOVERNOR:
http://www.leginfo.ca.gov/pub/13-14/bill/sen/sb_1051-1100/sb_1054_bill_20140918_chaptered.pdf
LATEST ACTION 09/18/2014: SIGNED by the Governor.
NEXT STEPS: Becomes law January 1, 2015
 

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