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SB-275 Health Care and Essential Workers Protection Act: personal protective equipment.(2019-2020)

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Date Published: 06/17/2020 09:00 PM
SB275:v96#DOCUMENT

Amended  IN  Assembly  June 17, 2020
Amended  IN  Assembly  February 13, 2020
Amended  IN  Assembly  January 06, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 275


Introduced by Senator Senators Pan and Leyva

February 13, 2019


An act to amend Sections 2960 and 2960.1 of the Business and Professions Code, relating to healing arts. add Section 12098.12 to the Government Code, to add Section 131021 to the Health and Safety Code, and to add Section 6403.1 to the Labor Code, relating to personal protective equipment, and making an appropriation therefor.


LEGISLATIVE COUNSEL'S DIGEST


SB 275, as amended, Pan. Board of Psychology: disciplinary action: sexual contact or sexual behavior with a client or former client. Health Care and Essential Workers Protection Act: personal protective equipment.
Existing law establishes the State Department of Public Health to implement various programs throughout the state relating to public health, including licensing and regulating health facilities and control of infectious diseases.
This bill, the Health Care and Essential Workers Protection Act, would require the State Department of Public Health to establish a personal protective equipment (PPE) stockpile to ensure an adequate supply of PPE for health care workers and essential workers, as defined, and would require the stockpile to be at least sufficient for a 90-day pandemic or other health emergency. The bill would require the department to establish guidelines for the procurement of the PPE stockpile, taking into account, among other things, the amount of each type of PPE that would be required for all health care workers and essential workers in the state during the pandemic or other health emergency, which would represent the amount of PPE to be maintained in the stockpile.
The bill would require providers, including clinics, health facilities, and home health agencies, to maintain a stockpile of unexpired PPE for use in the event of a declared state of emergency and would require the stockpile to be at least sufficient for a 90-day pandemic or other health emergency. The bill would assess a civil penalty on a provider who violates that requirement of up to $25,000 for each violation. The bill would declare a provider’s failure to provide PPE to its health care workers upon reasonable request to be an independent violation of the bill’s requirements.
The bill would require the Department of Industrial Relations to adopt regulations, in consultation with the State Department of Public Health, setting forth requirements for the PPE stockpile, and would authorize the Department of Industrial Regulations to incorporate by reference existing guidance from the department and from the federal Occupational Safety and Health Administration regarding standards for PPE usage. The bill would require a provider to procure at least 25% of its PPE from in-state manufacturers, to the extent permitted by federal law, as specified.
Existing law establishes the Made in California Program within the Governor’s Office of Business and Economic Development, to encourage consumer product awareness and to foster purchases of high-quality products made in California. Existing law creates the Made in California Fund within the State Treasury, consisting of donations and other moneys to be used for the purposes of the Made in California Program, as specified.
This bill would require the office, as a part of the Made in California Program, to encourage in-state production of PPE in order to assist the State Department of Public Health and providers in complying with the bill’s requirements. The bill would create the Health Care Workforce Protection Account within the Made in California Fund, consisting of donations and other moneys, for the exclusive purpose of promoting the production of PPE. The bill would continuously appropriate the donated moneys in the account for the purpose of implementing those provisions, thereby making an appropriation. The bill would require any other funds deposited and maintained in the account to be available for the same purpose, upon appropriation by the Legislature. The bill would declare that its provisions are severable.

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.

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

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.
(2) For purposes of this section, “personal protective equipment” and “providers” have the same meanings as defined in subdivision (c) of Section 131021 of the Health and Safety Code.
(b) The office may accept monetary donations or other donations from businesses, nonprofit organizations, or individuals for the purpose of implementing this section. These donations shall be deposited in the account established in subdivision (c).
(c) The Health Care Workforce Protection Account is hereby created within the Made in California Fund established by subdivision (h) of Section 12098.10. Moneys deposited into the account shall be used exclusively for the promotion of in-state production of PPE for the purposes described in this section, Section 131021 of the Health and Safety Code, and Section 6403.1 of the Labor Code. The office shall use funds deposited into the account to provide grants, loans, loan guarantees, and other incentives for projects that increase capacity for the in-state manufacturing of PPE. Notwithstanding Section 13340, funds deposited and maintained in the account that were donated pursuant to subdivision (b) are continuously appropriated, without regard to fiscal years, to the director for the purposes of implementing this section. Any other funds deposited and maintained in the account shall be available, subject to appropriation by the Legislature, for purposes of implementing this section.

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.
(b) The department shall establish a personal protective equipment (PPE) stockpile to ensure an adequate supply of PPE for all health care workers and essential workers in the state that is at least sufficient for a 90-day pandemic or other health emergency.
(c) The following definitions apply for purposes of this section:
(1) “Department” means the State Department of Public Health.
(2) “Essential workers” means primary and secondary school workers, workers at detention facilities, as defined in Section 9500 of the Penal Code, in-home support providers, childcare providers, government workers whose work with the public continues throughout the crisis, and workers in other positions that the department, in its sole discretion, deems vital to public health and safety, as well as economic and national security.
(3) “Health care worker” means any worker employed to work at or by a provider to provide direct patient care and services directly supporting patient care, including, but not limited, to physicians, clinicians, nurses, aides, technicians, janitorial and housekeeping staff, food services workers, and nonmanagerial administrative staff.
(4) “Personal protective equipment” or “PPE” means protective equipment for eyes, face, head, and extremities, protective clothing, respiratory devices, and protective shields and barriers provided and used wherever it is necessary by reason of hazards of processes or environment, biological hazards, chemical hazards, radiological hazards, or mechanical irritants encountered in a manner capable of causing injury or impairment in the function of any part of the body through absorption, inhalation or physical contact, including, but not limited to, N95 and other filtering facepiece respirators, elastomeric air-purifying respirators with appropriate particulate filters or cartridges, powered air purifying respirators, disinfecting and sterilizing devices and supplies, medical gowns and apparel, face masks, surgical masks, face shields, gloves, and the equipment identified by or otherwise necessary to comply with Sections 3380 and 5199 of Title 8 of the California Code of Regulations and Subpart I (commencing with Section 1910.132) of Part 1910 of Title 29 of the Code of Federal Regulations, as in effect on May 19, 2020.
(5) “Provider” means a licensed clinic, as described in Chapter 1 (commencing with Section 1200), an outpatient setting, as described in Chapter 1.3 (commencing with Section 1248) of, a health facility as described in Chapter 2 (commencing with Section 1250) of, or a county medical facility, as described in Chapter 2.5 (commencing with Section 1440) of, Division 2, a home health agency, a physician’s office, a professional medical corporation, a medical partnership, a medical foundation, a rural health clinic, as defined in Section 1395x(aa)(2) of Title 42 of the United States Code, or a federally qualified health center, as defined in Section 1395x(aa)(4) of Title 42 of the United States Code, and any other entity that provides medical services in California.
(6) “Stockpile” means the personal protective equipment stockpile created pursuant to subdivision (b).
(d) The department shall establish guidelines for procurement of PPE for the stockpile. At a minimum, the guidelines shall take into account all of the following:
(1) The various types of PPE that may be required during a pandemic or other health emergency.
(2) The shelf life of each type of PPE to be obtained for the stockpile and how to annually restock a portion of each type of PPE to ensure the stockpile consists of unexpired PPE.
(3) The amount of each type of PPE that would be required for all health care workers and essential workers in the state during a 90-day pandemic or other health emergency, which shall be the amount of PPE maintained in the stockpile.
(e) The department shall procure 20 percent of the full stockpile required according to paragraph (3) of subdivision (d) within one year after enactment of the act that adds this section. The department shall procure an additional 20 percent of the full stockpile in each of the subsequent four years, so that the department has procured 100 percent of the stockpile in five years.
(f) At least 25 percent of each type of PPE in the stockpile shall be manufactured in California. Distribution of the 25 percent required to be manufactured in California shall be exclusively made via resale, whether sold during a state of emergency pursuant to paragraph (1) of, or sold in the normal course of business pursuant to paragraph (2) of, subdivision (g). PPE that qualifies as being “substantially made” in California pursuant to Section 12098.10 of the Government Code presumptively counts towards the 25-percent threshold.
(g) The department shall distribute PPE from the stockpile only under either of the following two circumstances:
(1) If the Governor declares a state of emergency for which PPE will be required.
(2) To sell PPE from the stockpile, provided that the department acquires new PPE to offset any shortage resulting from the sale.
(h) The department shall establish guidelines regarding distribution of PPE from the stockpile, including, but not limited to, the timing and amount of PPE distribution, as well as the terms of sale should the department determine sale is appropriate. The guidelines shall provide, at a minimum, that in the event there is insufficient PPE to meet needs, distribution shall be prioritized for providers and employers of essential workers that meet any of the following qualifications:
(1) The provider or employer is in a location with a high share of low-income residents.
(2) The provider or employer is in a medically underserved area, as designated by the United States Department of Health and Human Services, Health Resources and Services Administration.
(3) The provider or employer disproportionately serves a medically underserved population, as designated by the United States Department of Health and Human Services, Health Resources and Services Administration.
(i) Within three months after enactment of the act that adds this section, the department shall provide the Department of Finance with an estimate of the cost to fully stock the stockpile and to maintain the stockpile for the subsequent five years. The department shall update these estimates on an annual basis.

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.
(b) For purposes of this section:
(1) “PPE” and “health care worker” have the same meanings as defined in subdivision (c) of Section 131021 of the Health and Safety Code.
(2) “Provider” means a licensed clinic, as described in Chapter 1 (commencing with Section 1200) of, an outpatient setting, as described in Chapter 1.3 (commencing with Section 1248) of, a health facility as described in Chapter 2 (commencing with Section 1250) of, or a county medical facility, as described in Chapter 2.5 (commencing with Section 1440) of, Division 2 of the Health and Safety Code, a home health agency, a physician’s office with more than 25 employees, a professional medical corporation with more than 25 employees, a medical partnership with more than 25 employees, a medical foundation with more than 25 employees, a rural health clinic, as defined in Section 1395x(aa)(2) of Title 42 of the United States Code, or a federally qualified health center, as defined in Section 1395x(aa)(4) of Title 42 of the United States Code, and any other entity that provides medical services in California.
(c) Every provider shall maintain a stockpile of unexpired PPE for use in the event of a state of emergency declaration by the Governor. The stockpile shall be at least sufficient for a 90-day pandemic or other health emergency. An employer who violates the requirement to maintain a supply of unexpired personal protective equipment prescribed by this section shall be assessed a civil penalty of up to twenty-five thousand dollars ($25,000) for each violation.
(d) Every provider shall provide PPE to its health care workers upon their reasonable request. Each day that an employer delays in doing so shall constitute an independent violation of this section.
(e) The department, by regulation and in consultation with the State Department of Public Health, shall set forth requirements for provider stockpiles, including, but not limited to, the types and amount of PPE to be maintained by the provider based on the type and size of each provider, as well as the composition of health care workers in its workforce. The regulations shall require each provider to maintain sufficient PPE for all health care workers. The regulations may incorporate by reference existing guidance of the department and of the federal Occupational Safety and Health Administration regarding standards for PPE usage, including, but not limited to, the guidance at Sections 3380 and 5199 of Title 8 of the California Code of Regulations and Subpart I (commencing with Section 1910.132) of Part 1910 of Title 29 of the Code of Federal Regulations, as in effect on May 19, 2020.
(f) To the extent permissible by federal law, a provider shall procure at least 25 percent of PPE for their stockpiles from in-state manufacturers. PPE that qualifies as “substantially made” in California pursuant to Section 12098.10 of the Government Code presumptively counts toward the 25-percent threshold.

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.
SECTION 1.Section 2960 of the Business and Professions Code is amended to read:
2960.

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.

SEC. 2.Section 2960.1 of the Business and Professions Code is amended to read:
2960.1.

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.