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SB-744 Communicable diseases: respiratory disease information.(2021-2022)



Current Version: 05/20/21 - Amended Senate Compare Versions information image


SB744:v95#DOCUMENT

Amended  IN  Senate  May 20, 2021
Amended  IN  Senate  April 29, 2021
Amended  IN  Senate  April 22, 2021
Amended  IN  Senate  April 05, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 744


Introduced by Senator Glazer
(Coauthor: Senator Wilk)

February 19, 2021


An act to add Chapter 3.75 (commencing with Section 120265) to Part 1 of Division 105 of the Health and Safety Code, relating to public health.


LEGISLATIVE COUNSEL'S DIGEST


SB 744, as amended, Glazer. Communicable diseases: respiratory disease information.
Existing law establishes the State Department of Public Health and sets forth its powers and duties, including the administration of provisions relating to the prevention and control of communicable diseases. Existing regulations require certain communicable diseases to be reported to local health officers by health providers, using a uniform Confidential Morbidity Report (CMR).
This bill would require the department to create a program to provide expedited release, during a declared public health emergency, of specified health care data to researchers at a bona fide research institution of higher education, as defined. The bill would require the department to make the specified data available promptly, and on an ongoing basis, to qualified researchers who sign a memorandum of understanding with the department agreeing to use the data only for public health research purposes, to not disclose it to any other party, and to keep all personal information confidential. The bill would also require that any report of a communicable respiratory disease by a health care provider to a local health officer and any electronic tool used by a local health officer for the purposes of reporting cases of a communicable respiratory disease include information on the type of housing where the patient resides, the number of people in the patient’s household, the occupation and workplace of the patient, and the cities that the patient has traveled to in the last 14 days. The bill would make implementation of its provisions subject to an appropriation by the Legislature. To the extent that this bill would increase the duties of local health officers, the 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Chapter 3.75 (commencing with Section 120265) is added to Part 1 of Division 105 of the Health and Safety Code, to read:
CHAPTER  3.75. Communicable Respiratory Disease Information

120265.
 (a) An electronic tool used by a local health officer, as defined by subdivision (a) of Section 2500 of Title 17 of the California Code of Regulations, for the purpose of reporting cases of communicable respiratory disease to the State Department of Public Health, as required by Sections 2500 and 2502 of Title 17 of the California Code of Regulations, shall include the capacity to collect and report data relating to all of the following:
(1) The type of housing where the patient resides.
(2) The number of people in the household where the patient resides.
(3) The occupation and workplace of the patient.
(4) The cities that the patient has traveled to in the previous 14 days.
(b) In addition to the information required to be reported pursuant to Section 2500 of Title 17 of the California Code of Regulations, a health care provider, as defined by subdivision (a) of Section 2500 of Title 17 of the California Code of Regulations, that knows of, or is in attendance on, a case or suspected case of any of the communicable respiratory diseases or conditions listed in subdivision (j) of Section 2500 of Title 17 of the California Code of Regulations shall report to the local health officer for the jurisdiction where the patient resides, all of the following:
(1) The type of housing where the patient resides.
(2) The number of people in the household where the patient resides.
(3) The occupation and workplace of the patient.
(4) The cities that the patient has traveled to in the previous 14 days.

120265.1.
 (a) The department shall create a program to provide expedited release, during a declared public health emergency, of health care data, including from Confidential Morbidity Reports and contact tracing reports, to researchers at a bona fide research institution of higher education. The department shall make the data available promptly, and on an ongoing basis, to qualified researchers who sign a memorandum of understanding with the department agreeing to use the data only for public health research purposes, to not disclose it to any other party, and to keep all personal information confidential.
(b) For purposes of this section, a “bona fide research institution of higher education” means a campus of the University of California or independent institutions of higher education, as defined in subdivision (b) of Section 66010 of the Education Code, that offer postgraduate degrees in public health.
(c) The department shall implement this chapter only upon an appropriation by the Legislature for these purposes in the annual Budget Act or another statute.

SEC. 2.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.