Bill Text: CA SB275 | 2019-2020 | Regular Session | Amended
Bill Title: Health Care and Essential Workers: personal protective equipment.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2020-09-29 - Chaptered by Secretary of State. Chapter 301, Statutes of 2020. [SB275 Detail]
Download: California-2019-SB275-Amended.html
Amended
IN
Assembly
June 17, 2020 |
Amended
IN
Assembly
February 13, 2020 |
Amended
IN
Assembly
January 06, 2020 |
Introduced by |
February 13, 2019 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law, the Psychology Licensing Law, requires the Board of Psychology to license and regulate the practice of psychology. The Psychology Licensing Law authorizes the board to refuse to issue a registration or license, to issue a registration or license with terms and conditions, or to revoke the registration or license if the applicant, registrant, or licensee has been guilty of unprofessional conduct, which includes an act of sexual abuse, or sexual relations with a patient or former patient within 2 years following termination of therapy, or sexual misconduct that is substantially related to the qualifications, functions, or duties of a psychologist, psychological assistant, or registered psychologist. The Psychology Licensing Law, as an exception to this authorizing provision, requires that an order of revocation of a registration or license be included in a specified
administrative adjudication decision or proposed decision that contains a finding of fact that the licensee or registrant engaged in an act of sexual contact with a patient, or with a former patient within 2 years following termination of therapy. The Psychology Licensing Law defines “sexual contact” for this purpose to mean the touching, as defined, of an intimate part, as defined, of another person. The Psychology Licensing Law prohibits the administrative law judge from staying the revocation.
This bill, instead, would
require an order of revocation of a registration or license to be included in a specified administrative adjudication decision or proposed decision that contains a finding of fact that the licensee or registrant engaged in sexual abuse, sexual relations, or sexual behavior as defined, with a client, or with a former client within 2 years following termination of therapy. The bill would authorize the board to stay these revocations.
Digest Key
Vote: MAJORITY Appropriation:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
This act shall be known, and may be cited, as the Health Care and Essential Workers Protection Act.SEC. 2.
Section 12098.12 is added to the Government Code, to read:12098.12.
(a) (1) As part of the Made in California Program, the office shall encourage the in-state production of personal protective equipment, (PPE) in order to assist the State Department of Public Health in complying with Section 131021 of the Health and Safety Code and to assist providers in complying with Section 6403.1 of the Labor Code.SEC. 3.
Section 131021 is added to the Health and Safety Code, to read:131021.
(a) The Legislature finds that having access to a statewide stockpile of personal protective equipment in the event of a pandemic or other health emergency is vital to the health and safety of its health care and essential workers, as well as the general population, which both relies on this workforce and is susceptible to disease transmission should members of this workforce needlessly be infected with transmissible disease. Moreover, the Legislature finds that having in-state production capacity for personal protective equipment is vital to ensuring access to that equipment in the event of a pandemic or other health emergency, in light of likely national and global supply chain disruption.SEC. 4.
Section 6403.1 is added to the Labor Code, to read:6403.1.
(a) The Legislature hereby finds that having access to a provider-level stockpile of personal protective equipment in the event of a pandemic or other health emergency is vital to the health and safety of its health care workforce, as well as the general population, who both rely on the state’s health care workforce for care and are susceptible to disease transmission should members of the health care workforce needlessly be infected with transmissible disease. Moreover, the Legislature finds that having in-state production capacity for personal protective equipment is vital to ensuring access to personal protective equipment in the event of a pandemic or other health emergency, in light of likely national and global supply chain disruption.SEC. 5.
The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.The board may refuse to issue any registration or license, or may issue a registration or license with terms and conditions, or may suspend or revoke the registration or license of any registrant or licensee if the applicant, registrant, or licensee has been guilty of unprofessional conduct. Unprofessional conduct shall include, but not be limited to:
(a)Conviction of a crime substantially related to the qualifications, functions or duties of a psychologist or psychological assistant.
(b)Use of any controlled substance as defined in Division 10 (commencing with Section 11000) of the Health and Safety Code, or dangerous drug, or any alcoholic beverage to an extent or in a manner
dangerous to themselves, any other person, or the public, or to an extent that this use impairs their ability to perform the work of a psychologist with safety to the public.
(c)Fraudulently or neglectfully misrepresenting the type or status of license or registration actually held.
(d)Impersonating another person holding a psychology license or allowing another person to use their license or registration.
(e)Using fraud or deception in applying for a license or registration or in passing the examination provided for in this chapter.
(f)Paying, or offering to pay, accepting, or soliciting any consideration, compensation, or remuneration, whether monetary or otherwise, for the referral of clients.
(g)Violating Section 17500.
(h)Willful, unauthorized communication of information received in professional confidence.
(i)Violating any rule of professional conduct promulgated by the board and set forth in regulations duly adopted under this chapter.
(j)Being grossly negligent in the practice of their profession.
(k)Violating any of the provisions of this chapter or regulations duly adopted thereunder.
(l)The aiding or abetting of any person to engage in the unlawful practice of psychology.
(m)The suspension, revocation or imposition of probationary conditions by another state or country of a license or certificate to practice psychology or as a psychological assistant issued by that state or country to a person also holding a license or registration issued under this chapter if the act for which the disciplinary action was taken constitutes a violation of this section.
(n)The commission of any dishonest, corrupt, or fraudulent act.
(o)(1)Any act of sexual abuse, sexual relations, or sexual behavior with a client or former client within two years following termination of therapy, or sexual misconduct that is substantially related to the qualifications,
functions, or duties of a psychologist or psychological assistant or registered psychologist.
(2) For purposes of this subdivision, “sexual behavior” means inappropriate contact or communication of a sexual nature for purpose of sexual arousal, gratification, exploitation, or abuse. “Sexual behavior” does not include the provision of appropriate therapeutic interventions relating to sexual issues.
(p)Functioning outside of their particular field or fields of competence as established by
their education, training, and experience.
(q)Willful failure to submit, on behalf of an applicant for licensure, verification of supervised experience to the board.
(r)Repeated acts of negligence.
Notwithstanding Section 2960, any proposed decision or decision issued under this chapter in accordance with the procedures set forth in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, that contains any finding of fact that the licensee or registrant engaged in any act with a client, or with a former client within two years following termination of therapy, that constitutes the unprofessional conduct specified in subdivision (o) of Section 2960 shall contain an order of revocation. The revocation shall not be stayed by the administrative law judge, but may be stayed by the board.