PROFESSIONAL LICENSING AND DISCIPLINE
4 new laws, including:
SB 1159 (Lara)
LICENSE APPLICANTS: INDIVIDUAL TAX IDENTIFICATION
AB 2365 (Perez, J.)
CONTRACTS: UNLAWFUL CONTRACTS
Seeks to make clear in California law that non-disparagement clauses in specified consumer contracts are void and unenforceable. Provides that a contract or proposed contract for the sale or lease of consumer goods or services may not include a provision waving the consumer’s right to make any statement regarding the seller or lessor or its employees or agents concerning the goods or services. Makes it unlawful to threaten or to seek to enforce a provision made unlawful under this bill, or to otherwise penalize a consumer for making any statement protected under the bill. Provides that a provision in violation of this bill is deemed unconscionable and against public policy. Relates to online reviews or comments.
Prohibits licensing boards under the Department of Consumer Affairs from denying licensure to an applicant based on his or her citizenship or immigration status, and requires a licensing board and the State Bar to require, by January 1, 2016, that an applicant for licensure provide his or her individual taxpayer identification number or a social security number for an initial or renewal license.
PUBLIC HEALTH
19 new laws, including:
AB 1559 (Pan)
NEWBORN SCREENING PROGRAM
Requires the Department of Public Health to expand statewide screening of newborns to include screening for adrenoleukodystrophy as soon as the disease is adopted by the federal Recommended Uniform Screening Panel. AB 1819 (Hall)
FAMILY DAY CARE HOME: SMOKING PROHIBITION
SB 2399 (Perez, J.)
Prohibits the smoking of tobacco in a private residence that is licensed as a family day care home without regard to whether the act occurs during the hours of operation of the home. Makes a conforming change.
ORGAN AND TISSUE DONOR REGISTRY: DRIVER’S LICENSE
AB 1898 (Brown)
ORGAN TISSUE AND DONATION
1 new law:
Authorizes an organ procurement organization to swipe a driver’s license or identification card to transmit information to the registry for the purpose of allowing an individual to identify himself or herself as a registered organ donor, subject to a specified procedure. Requires the information gathered comply with a Department of Motor Vehicles Information Security Agreement. Revises the reference to general characteristics of donors to refer to non-identifiable information.
36 Winter 2015
PUBLIC HEALTH RECORDS: REPORTING: HIV/AIDS
Adds hepatitis B, hepatitis C, and meningococcal infection to the list of diseases that local health officer reports to the Department of Public Health (for the purpose of the investigation, control, or surveillance of human immunodef iciency virus/ acquired immune deficiency syndrome and co-infection).
AB 2069 (Maienschein)
IMMUNIZATIONS: INFLUENZA
Requires the Department of Public Health to post specified educational information regarding influenza disease and the availability of influenza vaccinations on the department’s website. Authorizes the department to use additional available resources to educate the public regarding inf luenza, including, among other things, public service announcements. AB 2217 (Melendez)
PUPIL AND PERSONNEL HEALTH: AEDS
Authorizes a public school to solicit and receive non-state funds to acquire and maintain an automated external defibrillator (AED). Provides that the employees of the school district are not liable for civil damages resulting from certain uses, attempted uses or non-uses of an AED. Exempts a public school or district, that is in compliance with AED requirements, from civil damage liability.
REPRODUCTIVE ISSUES
2 new laws, including:
SB 1135 (Jackson)
INMATES: STERILIZATION
Prohibits sterilization for the purpose of birth control of an individual under the control of the Department of Corrections and Rehabilitation or a county correctional facility. Prohibits any means of sterilization of an inmate, except when required for the immediate preservation of life in an emergency medical situation and when medically necessary to treat a diagnosed condition and certain requirements are satisfied. Requires reports of procedures. Relates to notification regarding sterilization.
These are just a sampling of the new laws impacting healh care in 2015 and beyond. For a complete list, see “Significant New California Laws of Interest to Physicians for 2015”, in the California Medical Association’s online resource library at www.cmanet.org/ resource-library. Marin Medicine