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AB-2406 Battery: gassing.(2013-2014)



Current Version: 06/16/14 - Amended Senate         Compare Versions information image


AB2406:v96#DOCUMENT

Amended  IN  Senate  June 16, 2014
Amended  IN  Assembly  May 23, 2014
Amended  IN  Assembly  April 03, 2014

CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Assembly Bill
No. 2406


Introduced by Assembly Member Rodriguez

February 21, 2014


An act to add and repeal Section 1797.122 of the Health and Safety Code, relating to emergency medical services. Section 243.93 to the Penal Code, relating to battery.


LEGISLATIVE COUNSEL'S DIGEST


AB 2406, as amended, Rodriguez. Emergency Medical Services Authority: misuse of emergency medical services. Battery: gassing.
Existing law provides that every person confined in a local detention facility, state prison, or under the jurisdiction of the Division of Juvenile Facilities of the Department of Corrections and Rehabilitation, who commits a battery upon the person of a peace officer by “gassing,” as defined, is guilty of aggravated battery.
This bill would provide that a person who commits battery upon the person of specified individuals, including emergency medical technicians, by gassing is guilty of aggravated battery, punishable by imprisonment in the county jail not exceeding 6 months, a fine not exceeding $1,000, or both.
The bill would also authorize a law enforcement agency, if there is probable cause to believe a violation has occurred, to order the individual suspected of a violation to be tested for communicable diseases, and would require the results of the tests to be provided to the person who has been subject to a reported or suspected violation.
By creating a new crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law requires the Emergency Medical Services Authority to develop planning and implementation guidelines for emergency medical services (EMS) systems that address several components, including, but not limited to, manpower and training, communications, transportation, and assessment of hospitals and critical care centers.

This bill would require the authority, no later than July 31, 2016, to prepare and submit a report to the Legislature identifying programs that have been implemented in the state by local EMS agencies to address the misuse of emergency medical services. The bill would require the report to include a summary of specified information on the various approaches applied to serve those frequent EMS user transports and any recommendations for the implementation of a statewide program to address the misuse of emergency medical services. The bill would specify that the authority may satisfy the report requirement described above by working in partnership with and directing a nonprofit agency to compile and publish the information required in the report, or in lieu of a report, the bill would authorize the authority to provide for a discussion of innovative programs before local emergency medical services agencies, local governments, and private agencies that addresses the misuse of emergency medical services.

The bill would make legislative findings and declarations relating to the misuse of emergency medical services.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NOYES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 243.93 is added to the Penal Code, to read:

243.93.
 (a) Every person who commits battery by gassing upon the person of a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, hospital or nursing home employee, physician, medical professional, ambulance attendant, emergency medical technician, firefighter, or custodial officer, is guilty of aggravated battery, punishable by imprisonment in the county jail not exceeding six months, a fine not exceeding one thousand dollars ($1,000), or both that fine and imprisonment.
(b) For purposes of this section, “gassing” means intentionally placing or throwing, or causing to be placed or thrown, upon the person of another, any human excrement or other bodily fluids or bodily substances or any mixture containing human excrement or other bodily fluids or bodily substances that results in contact with the person’s skin, hair, or membranes.
(c) Every available means shall be used to immediately investigate all reported or suspected violations of subdivision (a), including, but not limited to, the use of forensically acceptable means of preserving and testing the suspected gassing substance to confirm the presence of human excrement or other bodily fluids or bodily substances. If there is probable cause to believe a violation of subdivision (a) has occurred, when it is deemed medically necessary to protect the health of a person who may have been subject to a violation of this section, a law enforcement agency may order the individual suspected of a violation of subdivision (a) to receive an examination or test for hepatitis, tuberculosis, or any other disease that is capable of being transmitted from contact with the human fluid or substance involved, on either a voluntary or involuntary basis immediately after the event, and periodically thereafter as determined to be necessary in order to ensure that further disease transmission does not occur. These decisions shall be consistent with an occupational exposure as defined by the federal Centers for Disease Control and Prevention. The results of any examination or test shall be provided to the person who has been subject to a reported or suspected violation of this section. Any person performing tests, transmitting test results, or disclosing information pursuant to this section shall be immune from civil liability for any action taken in accordance with this section.
(d) This section does not preclude prosecution under both this section and any other provision of law.

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 will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
SECTION 1.

The Legislature finds and declares all of the following:

(a)Nonemergency calls are overloading the 911 system.

(b)The most common reasons that lead individuals to overutilize emergency medical services transportation and emergency departments include homelessness, mental illness, extreme poverty, multiple health concerns, chronic physical conditions, substance abuse, and, most frequently, a lack of understanding of the health care system and the availability of more effective and appropriate alternatives.

(c)Frequent users of emergency medical services, commonly referred to as ambulance “frequent flyers,” are costing California cities millions of dollars. According to the EMS Medical Director of the County of San Diego Emergency Medical Services, for example, 1,136 frequent users utilized the emergency medical services (EMS) system at least six times in 2012 and generated more than $20 million in ambulance and paramedic charges.

SEC. 2.Section 1797.122 is added to the Health and Safety Code, to read:
1797.122.

(a)Except as provided in subdivision (d), the authority shall prepare and submit a report to the Legislature identifying programs that have been implemented in the state by local emergency medical services agencies to address the misuse of emergency medical services. The report shall include all of the following:

(1)A summary of the different programs implemented by local emergency medical services agencies to address the misuse of emergency medical services, including specific information on the various approaches applied to serve those frequent EMS user transports, such as:

(A)Identification and prioritization.

(B)Medical assessments.

(C)Care management or comprehensive care.

(D)Ongoing support via home visits or telephone calls.

(E)Support to the patient and family by directing the patient and his or her family to available resources such as health insurance coverage, access to primary care and mental health services, transportation, and other relevant social services.

(F)The financial impact of servicing frequent EMS user transports, including funding sources and the costs of providing these services.

(G)Best practices.

(H)Cost-saving measures to offset frequent EMS user transport expenses.

(2)Any recommendations for the implementation of a statewide program to address the misuse of emergency medical services.

(b)The report shall be submitted to the Legislature no later than July 31, 2016.

(c)(1)A report submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.

(2)Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2019.

(d)To satisfy the report requirement described in subdivision (a), the authority may do either of the following:

(1)Work in a partnership with and direct a nonprofit agency to compile and publish the information described in subdivision (a). The authority shall provide this information to the Legislature in accordance with subdivisions (b) and (c).

(2)In lieu of a report, the authority may provide for a discussion of innovative programs before local emergency services agencies, local governments, and private agencies that addresses the misuse of emergency medical services.