BILL NUMBER: AB 367	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JANUARY 4, 2012

INTRODUCED BY   Assembly Member Smyth

                        FEBRUARY 14, 2011

    An act to add Section 15631.5 to the Welfare and
Institutions Code, relating to elder abuse.   An act to
amend, repeal, and add Section 683 of the Business and Professions
Code, relating to healing arts. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 367, as amended, Smyth.  Elder abuse: reporting.
  Board of Behavioral Sciences: reporting.  
   Under existing law, the Board of Behavioral Sciences is
responsible for the licensure and regulation of marriage and family
therapists, licensed educational psychologists, clinical social
workers, and licensed professional clinical counselors. Existing law
requires certain healing arts boards to report to the State
Department of Health Care Services specified licensure information
relating to any person whose license has been revoked, suspended,
surrendered, or made inactive by the licensee in order to prevent
state reimbursement for services provided after the cancellation of a
license.  
   This bill would, on and after July 1, 2013, make that reporting
requirement applicable to the Board of Behavioral Sciences. 

   The Elder Abuse and Dependent Adult Civil Protection Act
establishes various procedures for the reporting, investigation, and
prosecution of elder and dependent adult abuse. The act requires
certain persons, called mandated reporters, to report known or
suspected instances of elder or dependent adult abuse, and the
failure of a mandated reporter to report physical abuse and financial
abuse of an elder or dependent adult under the act is a misdemeanor.
The act requires the mandated reporter to report the abuse to the
adult protective services agency or the local law enforcement agency
if the abuse occurs anywhere other than a long-term facility.
 
   The act permits a person who is not a mandated reporter who knows,
or reasonably suspects, that an elder or dependent adult has been
the victim of abuse in a place other than a long-term care facility
to report that abuse to the county adult protective services agency
or the local law enforcement agency.  
   This bill would require a county adult protective services agency
or a local law enforcement agency to accept a report by a mandated
reporter, or any other person, of suspected elder or dependent adult
abuse even if the agency lacks jurisdiction to investigate the
report, unless the call can be immediately transferred to an agency
with proper jurisdiction. This bill would also require a county adult
protective services agency or a local law enforcement agency that
lacks jurisdiction to immediately refer the report of suspected abuse
by telephone, facsimile, or electronic transmission to an agency
with proper jurisdiction. By requiring county adult protective
services agencies and local law enforcement agencies to provide a
higher level of service, 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, 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 these
statutory provisions. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  yes   no  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION   1   .    Section 683 of
the     Business and Professions Code   is
amended to read: 
   683.  (a) A board shall report, within 10 working days, to the
State Department of Health Care Services the name and license number
of a person whose license has been revoked, suspended, surrendered,
made inactive by the licensee, or placed in another category that
prohibits the licensee from practicing his or her profession. The
purpose of the reporting requirement is to prevent reimbursement by
the state for Medi-Cal and Denti-Cal services provided after the
cancellation of a provider's professional license.
   (b) "Board," as used in this section, means the Dental Board of
California, the Medical Board of California, the Board of Psychology,
the State Board of Optometry, the California State Board of
Pharmacy, the Osteopathic Medical Board of California, the State
Board of Chiropractic Examiners, and the California Board of
Occupational Therapy. 
   (c) This section shall become inoperative on July 1, 2013, and, as
of January 1, 2014, is repealed, unless a later enacted statute that
is enacted before January 1, 2014, deletes or extends the dates on
which it becomes inoperative and is repealed. 
   SEC. 2.    Section 683 is added to the  
Business and Professions Code  , to read:  
   683.  (a) A board shall report, within 10 working days, to the
State Department of Health Care Services the name and license number
of a person whose license has been revoked, suspended, surrendered,
made inactive by the licensee, or placed in another category that
prohibits the licensee from practicing his or her profession. The
purpose of the reporting requirement is to prevent reimbursement by
the state for Medi-Cal and Denti-Cal services provided after the
cancellation of a provider's professional license.
   (b) "Board," as used in this section, means the Dental Board of
California, the Medical Board of California, the Board of Psychology,
the State Board of Optometry, the California State Board of
Pharmacy, the Osteopathic Medical Board of California, the State
Board of Chiropractic Examiners, the Board of Behavioral Sciences,
and the California Board of Occupational Therapy.
   (c) This section shall become operative on July 1, 2013. 

  SECTION 1.    Section 15631.5 is added to the
Welfare and Institutions Code, to read:
   15631.5.  Reports of suspected elder or dependent adult abuse
pursuant to either subparagraph (C) of paragraph (1) of subdivision
(b) of Section 15630 or subdivision (b) of Section 15631 may be made
to any county adult protective services agency or local law
enforcement agency. Any county adult protective services agency or
local law enforcement agency shall accept the report of suspected
elder or dependent adult abuse even if the agency to whom the report
is being made lacks subject matter or geographical jurisdiction to
investigate the reported case, unless the county adult protective
services agency or the local law enforcement agency can immediately
transfer the call reporting suspected elder or dependent adult abuse
to a county adult protective services agency or a local law
enforcement agency with proper jurisdiction. If a county adult
protective services agency or a local law enforcement agency accepts
a report about a case of suspected elder or dependent adult abuse in
which that agency lacks jurisdiction, the agency shall immediately
refer the case by telephone, facsimile, or electronic transmission to
a county adult protective services agency or a local law enforcement
agency with proper jurisdiction.  
  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.