Bill Text: CA AB2604 | 2019-2020 | Regular Session | Amended
Bill Title: Public health: pandemic protocols.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-05-07 - Re-referred to Com. on L. & E. [AB2604 Detail]
Download: California-2019-AB2604-Amended.html
|
Amended
IN
Assembly
May 06, 2020 |
| Introduced by Assembly Member Carrillo |
February 20, 2020 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law authorizes the Labor Commissioner to investigate employee complaints and determine various matters arising under the labor commissioner’s jurisdiction.
This bill would provide that the use of technology shall not limit a worker who is providing direct patient care from exercising independent clinical judgment in the assessment, evaluation, planning and implementation of care, nor from acting as a patient advocate. The bill would define “technology” for these purposes to mean scientific hardware or
software including algorithms derived from the use of health care related data, used to achieve a medical or nursing care objective at a health care facility. The bill would authorize each worker who provides direct patient care to be free to override health information technology and clinical practice guidelines if, in their professional judgment, and in accordance with their scope of practice, it is in the best interest of the patient to do so. The bill would prohibit an employer from retaliating or otherwise discriminating against a worker providing direct patient care who requests to override health information technology and clinical practice guidelines or discusses with other employees or supervisors overriding health information technology and clinical practice guidelines, or both. The bill would authorize a worker who is subject to retaliation to file a complaint with the Labor Commissioner against an employer who has retaliated or discriminated against the employee.
This bill would also require each employer to notify all workers who provide direct patient care, and if subject to a collective bargaining agreement, their representatives, before implementing new information technology that materially affects the jobs of the workers or their patients. The bill would also require each employer to ensure that appropriate education or training be provided to workers providing direct patient care for purposes of educating or training those workers on how to utilize the new technology and to understand its limitations. The bill would require health care facilities to provide opportunities for workers providing direct patient care in the affected clinical areas to participate in the design, building, and validation process for new technology impacting patient care delivery consistent with certain criteria, as provided.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Article 12 (commencing with Section 1339.60) is added to Chapter 2 of Division 2 of the Health and Safety Code, to read:Article 12. Pandemic and Health-Related Emergency Protocols for Health Facilities
1339.60.
This article shall be known, and may be cited, as the Pandemic and Health-Related Emergency Protocols for Health Facilities Act.1339.61.
During a declared pandemic or health-related state of emergency or local emergency, as defined in Section 8558 of the Government Code, a health facility, as defined in subdivision (a) of Section 1250, shall limit possible introduction of the pathogen, infection, or illness that is the focus of the pandemic or emergency into the health facility by doing both of the following:1339.62.
During a declared pandemic or health-related state of emergency or local emergency, as defined in Section 8558 of the Government Code, a health facility, as defined in subdivision (a) of Section 1250, shall institute universal precautions based on scientific evidence and universal source control procedures to reduce potential for transmission of the pathogen, infection, or illness that is the focus of the pandemic or emergency based on within the whole facility by doing all of the following:SEC. 2.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district are the result of a program for which legislative authority was requested by that local agency or school district, within the meaning of Section 17556 of the Government Code and Section 6 of Article XIII B of the California Constitution.(a)It is the intent of the Legislature that health information technology, clinical practice guidelines, or algorithms shall not limit the effective exercise of, or be a substitute for, the professional judgment of workers providing direct patient care. This is crucial to protect millions of patients’ safety in interacting with a deeply flawed medical technological system, that among many issues, has shown their commercial algorithms exhibit significant racial bias.
(b)It is also the intent of the Legislature that new technology will continue to permit the exercise of professional clinical judgment in providing patient care
and patient advocacy by workers providing direct patient care. Clinical technology is intended to complement, not diminish, skills, judgment, and decisionmaking. Professional judgment, not algorithms, shall determine the care needed by patient populations or individuals.
(a)For purposes of this article, “technology” means scientific hardware or software including algorithms derived from the use of health care-related data, used to achieve a medical or nursing care objective at a health care facility.
(b)Use of technology shall not limit a worker who is providing direct patient care from exercising independent clinical judgment in assessment, evaluation, planning and implementation of care, nor from acting as a patient advocate. New technology shall not be used to replace the worker’s role in delivery of care to patients.
(c)Each worker who provides direct patient care shall be free to override health information technology and clinical practice
guidelines if, in their professional judgment, and in accordance with their scope of practice, it is in the best interest of the patient to do so.
(d)An employer shall not retaliate or otherwise discriminate against a worker providing direct patient care who requests to override, or who discusses with other employees or supervisors about overriding, health information technology and clinical practice guidelines. A worker who is subject to retaliation or discrimination has the right under this article to file a complaint with the Labor Commissioner against an employer who retaliates or discriminates against the employee.
(e)Each employer shall notify all workers who provide direct patient care and, if subject to a collective bargaining agreement, their representatives prior to implementing new information technology that
materially affects the job of the workers or their
patients.
(f)(1)Each employer shall ensure that appropriate education or training is provided to its workers that provide direct patient care for purposes of educating or training those workers on how to utilize the new technology and to understand its limitations.
(2)The worker’s patient care assignment shall be taken into consideration when determining the appropriate method for training on new technology.
(g)Health care facilities shall provide opportunities for workers providing direct patient care in the affected clinical areas to participate in the design, building, and validation process for new technology impacting patient care delivery, consistent with the following:
(1)Representatives of a health care facilities professional practice
committee shall be entitled to recommend measures to improve the delivery of safe, therapeutic, equitable, and effective care in conjunction with the use of new technology. Representatives of a health care facilities professional practice committee shall also be entitled to participate in the selection, design, building, and validation processes whenever new technology affecting the delivery of medical or nursing care is being considered.
(2)When sharing technology, employers shall protect patient’s private medical information in accordance with the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191), known as HIPAA, and all other relevant privacy laws.
