BILL NUMBER: AB 2598 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 29, 2012
INTRODUCED BY Assembly Member Fuentes
FEBRUARY 24, 2012
An act relating to postsecondary education.
An act to add Chapter 5 (commencing with Section 103930) to Part
2 of Division 102 of the Health and Safety Code, relating to veteran'
s health.
LEGISLATIVE COUNSEL'S DIGEST
AB 2598, as amended, Fuentes. Military service: academic
credit. Veteran's health: B.T. Collins Veterans Health
Registry.
Existing law requires the State Public Health Officer to establish
a statewide system for the collection of information determining the
incidence of cancer, as specified.
Existing law authorizes the Department of Veterans Affairs to
assist every veteran of the United States and the dependent or
survivor of every veteran of the United States in presenting and
pursuing a claim as the veteran, dependent, or survivor may have
against the United States arising out of war service, and in
establishing the veteran's, dependent's, or survivor's right to any
privilege, preference, care, or compensation provided by the laws of
the United States or of this state.
This bill would require the State Department of Public Health to
establish a statewide system for the collection of information about
veterans who have or have had a presumptive illness relating to
qualifying military service, as determined by the federal Department
of Veterans Affairs. It would also require the department to evaluate
the sources of a presumptive illness and evaluate measures designed
to eliminate, alleviate, or ameliorate its effect.
Existing law authorizes the California Community Colleges and the
California State University, and encourages the University of
California, to coordinate services for qualified students who are
veterans or members of the military by clearly designating Military
and Veterans Offices and individuals to provide specified services.
This bill would state the intent of the Legislature to enact
legislation that would establish and administer a demonstration
program that identifies, develops, and supports methods that maximize
academic credit awarded by institutions of higher education to
veterans and members of the military for military experience,
education, and training obtained during military service in order to
expedite the entry of veterans and members of the military into the
workforce.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated 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 B. T. Collins Veterans Health Registry.
SEC. 2. Chapter 5 (commencing with Section 103930)
is added to Part 2 of Division 102 of the Health and
Safety Code , to read:
CHAPTER 5. VETERANS HEALTH REGISTRY
103930. (a) The department shall establish a statewide system for
the collection of information about veterans who have or have had a
presumptive illness relating to qualifying military service, as
determined by the federal Department of Veterans Affairs, that
includes any of the following:
(1) Health problems from exposure to herbicides, otherwise known
as Agent Orange, during military service in Vietnam any time during
the period from January 9, 1962, to May 7, 1975, inclusive.
(2) Medically unexplained chronic multisymptom illness from
military service in the Southwest Asia theater of military
operations, otherwise known as Gulf War Syndrome.
(3) Health problems from exposure to depleted uranium from
military service during the Gulf War.
(b) The department shall share information in the system with the
Department of Veterans Affairs.
(c) (1) Except as otherwise provided in this section, all
information collected pursuant to this section shall be confidential.
For purposes of this section, this information shall be referred to
as "confidential information."
(2) The department shall use the information to determine the
sources of a presumptive illness identified in subdivision (a) and
evaluate measures designed to eliminate, alleviate, or ameliorate
their effect.
(3) Persons with a valid scientific interest who are engaged in
demographic, epidemiological, or other similar studies related to
health who meet qualifications as determined by the department, and
who agree, in writing, to maintain confidentiality, may be authorized
access to confidential information.
(4) The department may enter into agreements to furnish
confidential information to other states' veterans health registries,
the federal Department of Veterans Affairs, local health officers,
or health researchers for the purposes of determining the sources of
presumptive illnesses identified in subdivision (a) and evaluating
measures designed to eliminate, alleviate, or ameliorate their
effect. Before confidential information is disclosed to those
agencies, officers, researchers, or out-of-state registries, the
requesting entity shall agree in writing to maintain the
confidentiality of the information, and in the case of researchers,
shall also do both of the following:
(A) Obtain approval of their committee for the protection of human
subjects established in accordance with Part 46 (commencing with
Section 46.101) of Title 45 of the Code of Federal Regulations.
(B) Provide documentation to the department that demonstrates to
the department's satisfaction that the entity has established the
procedures and ability to maintain the confidentiality of the
information.
(5) Notwithstanding any other provision of law, any disclosure
authorized by this section shall include only the information that is
necessary for the stated purpose of the requested disclosure and
used for the approved purpose, and is not further disclosed.
(6) The furnishing of confidential information to the department
or its authorized representative in accordance with this section
shall not expose any person, agency, or entity furnishing information
to liability, and shall not be considered a waiver of any privilege
or a violation of a confidential relationship.
(7) The department shall maintain an accurate record of all
persons who are given access to confidential information. The record
shall include: the name of the person authorizing access; name,
title, address, and organizational affiliation of persons given
access; dates of access; and the specific purpose for which
information is to be used. The record of access shall be open to
public inspection during normal operating hours of the department.
(8) Notwithstanding any other provision of law, no part of the
confidential information shall be available for subpoena, nor shall
it be disclosed, discoverable, or compelled to be produced in any
civil, criminal, administrative, or other proceeding, nor shall this
information be deemed admissible as evidence in any civil, criminal,
administrative, or other tribunal or court for any reason.
(9) Nothing in this subdivision shall prohibit the publication by
the department of reports and statistical compilations that do not in
any way identify individual cases or individual sources of
information.
(10) Notwithstanding the restrictions in this subdivision, the
individual to whom the information pertains shall have access to his
or her own information in accordance with Chapter 1 (commencing with
Section 1798) of Title 1.8 of the Civil Code.
SECTION 1. It is the intent of the Legislature
to enact legislation that would establish and administer a
demonstration program that identifies, develops, and supports methods
that maximize academic credit awarded by institutions of higher
education to veterans and members of the military for military
experience, education, and training obtained during military service
in order to expedite the entry of veterans and members of the
military into the workforce.