Bill Text: CA AB2790 | 2021-2022 | Regular Session | Amended
Bill Title: Reporting of crimes: mandated reporters.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2022-08-11 - In committee: Held under submission. [AB2790 Detail]
Download: California-2021-AB2790-Amended.html
Amended
IN
Assembly
March 30, 2022 |
Amended
IN
Assembly
March 17, 2022 |
Introduced by Assembly Member Wicks (Coauthor: Assembly Member Cristina Garcia) |
February 18, 2022 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law requires the management of a hospital or ward, as described, and any physician employed therein, that receives a patient transferred from a health care facility or community care facility, as defined, that is exhibiting any injury or condition that reasonably appears to be the result of neglect or abuse, to make a report to law enforcement.
This bill would remove this requirement and instead only require a report to be made if the patient was exhibiting any injury or condition that reasonably appears to be the result of a firearm.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:SECTION 1.SEC. 2.
Section 11160 of the Penal Code is amended to read:11160.
(a) A health practitioner, as defined in subdivision (a) of Section 11162.5, employed by a health facility, clinic, physician’s office, local or state public health department, local government agency, or a clinic or other type of facility operated by a local or state public health department who, in the health practitioner’s professional capacity or within the scope of the health practitioner’s employment, provides medical services for a physical condition to a patient whom the health practitioner knows or reasonably suspects is a person suffering from a wound or other physical injury inflicted by the person’s own act or inflicted by another where the injury is by means of a firearm shall immediately make a report in accordance with subdivision (b).SEC. 2.SEC. 3.
Section 11161 of the Penal Code is amended to read:11161.
Notwithstanding Section 11160, the following shall apply to every physician or surgeon who has under their charge or care any person described in subdivision (a) of Section 11160:(a)Every person, firm, or corporation conducting any hospital in the state, or the managing agent thereof, or the person managing or in charge of such hospital, or in charge of any ward or part of such hospital, who receives a patient transferred from a health facility, as defined in Section 1250 of the Health and Safety Code or from a community care facility, as defined in Section 1502 of the Health and Safety Code, who exhibits a physical injury or condition which, in the opinion of the admitting physician, reasonably appears to be the result of a firearm, shall report such fact by telephone and in writing, within 36 hours, to both the local police authority having jurisdiction and the county
health department.
(b)Any registered nurse, licensed vocational nurse, or licensed clinical social worker employed at such hospital may also make a report under this section, if, in the opinion of such person, a patient exhibits a physical injury or condition which reasonably appears to be the result of a firearm.
(c)Every physician and surgeon who has under their charge or care any such patient who exhibits a physical injury or condition which reasonably appears to be the result of a firearm shall make such report.
(d)The report shall state the character and extent of the physical injury or condition.
(e)No employee shall be discharged, suspended,
disciplined, or harassed for making a report pursuant to this section.
(f)No person shall incur any civil or criminal liability as a result of making any report authorized by this section.