BILL NUMBER: SB 922 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY SEPTEMBER 2, 2011
AMENDED IN ASSEMBLY JUNE 16, 2011
AMENDED IN SENATE MARCH 22, 2011
INTRODUCED BY Senator Negrete McLeod
FEBRUARY 18, 2011
An act to amend Section 120440 of the Health and Safety
Code, relating to public health. An act to add Chapter
2.8 (commencing with Section 2500) to Part 1 of Division 2 of the
Public Contract Code, relating to public contracts.
LEGISLATIVE COUNSEL'S DIGEST
SB 922, as amended, Negrete McLeod. Immunizations:
disclosure of information: tuberculosis screening.
Public contracts: public entities: project labor agreements.
Existing law sets forth the requirements for the solicitation and
evaluation of bids and the awarding of contracts by public entities.
This bill would authorize a public entity to use, enter into, or
require contractors to enter into, a project labor agreement for a
construction project, if the agreement includes specified taxpayer
protection provisions.
This bill would authorize the members of the governing board of a
local public entity to choose by majority vote whether to use, enter
into, or require contractors to enter into a project labor agreement
for a specific project or projects awarded by that entity and whether
to allocate funding to a specific project covered by such an
agreement. This bill would prohibit a charter provision, initiative,
or ordinance from preventing the governing board of a local public
entity, other than a charter city, from exercising this authority on
a project-specific basis.
This bill would also provide that if a charter provision,
initiative, or ordinance of a charter city prohibits the governing
board's consideration of a project labor agreement for a project to
be awarded by the city, or prohibits the governing board from
considering whether to allocate funds to a city-funded project
covered by such an agreement, then state funding or financial
assistance may not be used to support that project, as specified.
Existing law regulates the sharing of a patient's or client's
immunization information between a health care provider, local health
department, the State Department of Public Health, and other
agencies. Existing law prescribes the process by which a patient or
client, or parent or guardian of a patient or client, may refuse to
allow the information to be shared and requires the health care
provider administering the immunization to provide the patient with
designated notice. Existing law permits local health departments and
the department to share the name of a patient or client, or parent or
guardian of a patient or client, with a state, local health
department, health care provider, immunization information system, or
any representative of an entity designated by federal or state law
to receive this information, and authorizes the department to enter
into written agreements to share this information with other states
for specified purposes, unless the patient or client, or parent or
guardian of the patient or client, refuses to allow the information
to be shared. Under existing law, the patient or client, or parent or
guardian of the patient or client, has the right to examine shared
immunization-related information and to correct errors in it.
Under existing law, if the patient or client, or parent or
guardian of a patient or client, refuses the sharing of immunization
information, the patient's or client's physician is allowed to
maintain access to this information for the purpose of patient care
or protecting the public health. Existing law also allows the local
health department and the department to maintain access to this
information for the purpose of protecting the public health.
This bill would include tuberculosis screening, as defined, in the
above immunization information provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all
of the following:
(a) Project labor agreements can provide significant benefits to
taxpayers by insulating construction projects against uncertainties,
promoting transparent competition, and ensuring a reliable supply of
labor.
(b) Projects differ and project labor agreements differ. All
taxpayers' interests are best served by ensuring that:
(1) All project labor agreements used for public projects must
contain fundamental taxpayer protections.
(2) Local governments are free to choose whether to adopt or not
to adopt project labor agreements containing these taxpayer
projections for a particular project or projects.
SEC. 2. Chapter 2.8 (commencing with Section 2500)
is added to Part 1 of Division 2 of the Public Contract
Code , to read:
CHAPTER 2.8. PROJECT LABOR AGREEMENTS
2500. (a) A public entity may use, enter into, or require
contractors to enter into, a project labor agreement for a
construction project only if the agreement includes all of the
following taxpayer protection provisions:
(1) The agreement prohibits discrimination based on race, national
origin, religion, sex, sexual orientation, political affiliation, or
membership in a labor organization in hiring and dispatching workers
for the project.
(2) The agreement permits all qualified contractors and
subcontractors to bid for and be awarded work on the project without
regard to whether they are otherwise parties to collective bargaining
agreements.
(3) The agreement contains an agreed-upon protocol concerning drug
testing for workers who will be employed on the project.
(4) The agreement contains guarantees against work stoppages,
strikes, lockouts, and similar disruptions of the project.
(5) The agreement provides that disputes arising from the
agreement shall be resolved by a neutral arbitrator.
(b) For purposes of this chapter, both of the following
definitions apply:
(1) "Project labor agreement" means a prehire collective
bargaining agreement that establishes terms and conditions of
employment for a specific construction project or projects and is an
agreement described in Section 158(f) of Title 29 of the United
States Code.
(2) "Public entity" means a public entity as defined in Section
1100.
2501. The members of the governing board of a local public entity
may choose by majority vote whether to use, enter into, or require
contractors to enter into a project labor agreement that includes all
the taxpayer protection provisions of Section 2500 for a specific
project or projects awarded by that entity and whether to allocate
funding to a specific project covered by such an agreement. A charter
provision, initiative, or ordinance shall not prevent the governing
board of a local public entity, other than a charter city, from
exercising this authority on a project-specific basis.
2502. If a charter provision, initiative, or ordinance of a
charter city prohibits the governing board's consideration of a
project labor agreement that includes all the taxpayer protection
provisions of Section 2500 for a project to be awarded by the city,
or prohibits the governing board from considering whether to allocate
funds to a city-funded project covered by such an agreement, then
state funding or financial assistance shall not be used to support
that project. This section shall not be applicable until January 1,
2015, for charter cities in which a charter provision, initiative, or
ordinance in effect prior to November 1, 2011, would disqualify a
project from receiving state funding or financial assistance.
SECTION 1. Section 120440 of the Health and
Safety Code is amended to read:
120440. (a) For the purposes of this chapter, the following
definitions shall apply:
(1) "Health care provider" means any person licensed pursuant to
Division 2 (commencing with Section 500) of the Business and
Professions Code or a clinic or health facility licensed pursuant to
Division 2 (commencing with Section 1200).
(2) "Schools, child care facilities, and family child care homes"
means those institutions referred to in subdivision (b) of Section
120335, regardless of whether they directly provide immunizations to
patients or clients.
(3) "WIC service provider" means any public or private nonprofit
agency contracting with the department to provide services under the
California Special Supplemental Food Program for Women, Infants, and
Children, as provided for in Article 2 (commencing with Section
123275) of Chapter 1 of Part 2 of Division 106.
(4) "Health care plan" means a health care service plan as defined
in subdivision (f) of Section 1345, a government-funded program the
purpose of which is paying the costs of health care, or an insurer as
described in Sections 10123.5 and 10123.55 of the Insurance Code,
regardless of whether the plan directly provides immunizations to
patients or clients.
(5) "County welfare department" means a county welfare agency
administering the California Work Opportunity and Responsibility to
Kids (CalWORKs) program, pursuant to Chapter 2 (commencing with
Section 11200.5) of Part 3 of Division 9 of the Welfare and
Institutions Code.
(6) "Foster care agency" means any of the county and state social
services agencies providing foster care services in California.
(7) "Tuberculosis screening" means an approved intradermal
tuberculin test or any other test for tuberculosis infection that is
recommended by the federal Centers for Disease Control and Prevention
and licensed by the federal Food and Drug Administration.
(b) (1) Local health officers may operate immunization information
systems pursuant to their authority under Section 120175, in
conjunction with the Immunization Branch of the State Department of
Public Health. Local health officers and the State Department of
Public Health may operate these systems in either or both of the
following manners:
(A) Separately within their individual jurisdictions.
(B) Jointly among more than one jurisdiction.
(2) Nothing in this subdivision shall preclude local health
officers from sharing the information set forth in paragraphs (1) to
(10), inclusive, of subdivision (c) with other health officers
jointly operating the system.
(c) Notwithstanding Sections 49075 and 49076 of the Education
Code, Chapter 5 (commencing with Section 10850) of Part 2 of Division
9 of the Welfare and Institutions Code, or any other provision of
law, unless a refusal to permit recordsharing is made pursuant to
subdivision (e), health care providers, and other agencies,
including, but not limited to, schools, child care facilities,
service providers for the California Special Supplemental Food
Program for Women, Infants, and Children (WIC), health care plans,
foster care agencies, and county welfare departments, may disclose
the information set forth in paragraphs (1) to (10), inclusive, from
the patient's medical record, or the client's record, to local health
departments operating countywide or regional immunization
information and reminder systems and the State Department of Public
Health. Local health departments and the State Department of Public
Health may disclose the information set forth in paragraphs (1) to
(10), inclusive, to each other and, upon a request for information
pertaining to a specific person, to health care providers taking care
of the patient. Local health departments and the State Department of
Public Health may disclose the information in paragraphs (1) to (7),
inclusive, and paragraphs (9) and (10), to schools, child care
facilities, county welfare departments, and family child care homes
to which the person is being admitted or in attendance, foster care
agencies in assessing and providing medical care for children in
foster care, and WIC service providers providing services to the
person, health care plans arranging for immunization services for the
patient, and county welfare departments assessing immunization
histories of dependents of CalWORKs participants, upon request for
information pertaining to a specific person. Determination of
benefits based upon immunization of a dependent CalWORKs participant
shall be made pursuant to Section 11265.8 of the Welfare and
Institutions Code. The following information shall be subject to this
subdivision:
(1) The name of the patient or client and names of the parents or
guardians of the patient or client.
(2) Date of birth of the patient or client.
(3) Types and dates of immunizations received by the patient or
client.
(4) Manufacturer and lot number for each immunization received.
(5) Adverse reaction to immunizations received.
(6) Other nonmedical information necessary to establish the
patient's or client's unique identity and record.
(7) Results of tuberculosis screening.
(8) Current address and telephone number of the patient or client
and the parents or guardians of the patient or client.
(9) Patient's or client's gender.
(10) Patient's or client's place of birth.
(d) (1) Health care providers, local health departments, and the
State Department of Public Health shall maintain the confidentiality
of information listed in subdivision (c) in the same manner as other
medical record information with patient identification that they
possess. These providers, departments, and contracting agencies are
subject to civil action and criminal penalties for the wrongful
disclosure of the information listed in subdivision (c), in
accordance with existing law. They shall use the information listed
in subdivision (c) only for the following purposes:
(A) To provide immunization services to the patient or client,
including issuing reminder notifications to patients or clients or
their parents or guardians when immunizations are due.
(B) To provide or facilitate provision of third-party payer
payments for immunizations.
(C) To compile and disseminate statistical information of
immunization status on groups of patients or clients or populations
in California, without identifying information for these patients or
clients included in these groups or populations.
(D) In the case of health care providers only, as authorized by
Part 2.6 (commencing with Section 56) of Division 1 of the Civil
Code.
(2) Schools, child care facilities, family child care homes, WIC
service providers, foster care agencies, county welfare departments,
and health care plans shall maintain the confidentiality of
information listed in subdivision (c) in the same manner as other
client, patient, and pupil information that they possess. These
institutions and providers are subject to civil action and criminal
penalties for the wrongful disclosure of the information listed in
subdivision (c), in accordance with existing law. They shall use the
information listed in subdivision (c) only for those purposes
provided in subparagraphs (A) to (D), inclusive, of paragraph (1) and
as follows:
(A) In the case of schools, child care facilities, family child
care homes, and county welfare departments, to carry out their
responsibilities regarding required immunization for attendance or
participation benefits, or both, as described in Chapter 1
(commencing with Section 120325), and in Section 11265.8 of the
Welfare and Institutions Code.
(B) In the case of WIC service providers, to perform immunization
status assessments of clients and to refer those clients found to be
due or overdue for immunizations to health care providers.
(C) In the case of health care plans, to facilitate payments to
health care providers, to assess the immunization status of their
clients, and to tabulate statistical information on the immunization
status of groups of patients, without including patient-identifying
information in these tabulations.
(D) In the case of foster care agencies, to perform immunization
status assessments of foster children and to assist those foster
children found to be due or overdue for immunization in obtaining
immunizations from health care providers.
(e) A patient or a patient's parent or guardian may refuse to
permit recordsharing. The health care provider administering
immunization and any other agency possessing any patient or client
information listed in subdivision (c), if planning to provide patient
or client information to an immunization system, as described in
subdivision (b), shall inform the patient or client, or the parent or
guardian of the patient or client, of the following:
(1) The information listed in subdivision (c) may be shared with
local health departments and the State Department of Public Health.
The health care provider or other agency shall provide the name and
address of the State Department of Public Health or of the
immunization registry with which the provider or other agency will
share the information.
(2) Any of the information shared with local health departments
and the State Department of Public Health shall be treated as
confidential medical information and shall be used only to share with
each other, and, upon request, with health care providers, schools,
child care facilities, family child care homes, WIC service
providers, county welfare departments, foster care agencies, and
health care plans. These providers, agencies, and institutions shall,
in turn, treat the shared information as confidential, and shall use
it only as described in subdivision (d).
(3) The patient or client, or parent or guardian of the patient or
client, has the right to examine any immunization-related
information or tuberculosis screening results shared in this manner
and to correct any errors in it.
(4) The patient or client, or the parent or guardian of the
patient or client, may refuse to allow this information to be shared
in the manner described, or to receive immunization reminder
notifications at any time, or both. After refusal, the patient's or
client's physician may maintain access to this information for the
purposes of patient care or protecting the public health. After
refusal, the local health department and the State Department of
Public Health may maintain access to this information for the purpose
of protecting the public health pursuant to Sections 100325, 120140,
and 120175, as well as Sections 2500 to 2643.20, inclusive, of Title
17 of the California Code of Regulations.
(f) (1) The health care provider administering the immunization or
tuberculosis screening and any other agency possessing any patient
or client information listed in subdivision (c), may inform the
patient or client, or the parent or guardian of the patient or
client, by ordinary mail, of the information in paragraphs (1) to
(4), inclusive, of subdivision (e). The mailing must include a
reasonable means for refusal, such as a return form or contact
telephone number.
(2) The information in paragraphs (1) to (4), inclusive, of
subdivision (e) may also be presented to the parent or guardian of
the patient or client during any hospitalization of the patient or
client.
(g) If the patient or client, or parent or guardian of the patient
or client, refuses to allow the information to be shared, pursuant
to paragraph (4) of subdivision (e), the health care provider or
other agency may not share this information in the manner described
in subdivision (c), except as provided in subparagraph (D) of
paragraph (1) of subdivision (d).
(h) (1) Upon request of the patient or client, or the parent or
guardian of the patient or client, in writing or by other means
acceptable to the recipient, a local health department or the State
Department of Public Health that has received information about a
person pursuant to subdivision (c) shall do all of the following:
(A) Provide the name and address of other persons or agencies with
whom the recipient has shared the information.
(B) Stop sharing the information in its possession after the date
of the receipt of the request.
(2) After refusal, the patient's or client's physician may
maintain access to this information for the purposes of patient care
or protecting the public health. After refusal, the local health
department and the State Department of Public Health may maintain
access to this information for the purpose of protecting the public
health pursuant to Sections 100325, 120140, and 120175, as well as
Sections 2500 to 2643.20, inclusive, of Title 17 of the California
Code of Regulations.
(i) Upon notification, in writing or by other means acceptable to
the recipient, of an error in the information, a local health
department or the State Department of Public Health that has
information about a person pursuant to subdivision (c) shall correct
the error. If the recipient is aware of a disagreement about whether
an error exists, information to that effect may be included.
(j) (1) Any party authorized to make medical decisions for a
patient or client, including, but not limited to, those authorized by
Section 6922, 6926, or 6927 of, Part 1.5 (commencing with Section
6550), Chapter 2 (commencing with Section 6910) of Part 4, or Chapter
1 (commencing with Section 7000) of Part 6, of Division 11 of, the
Family Code, Section 1530.6 of the Health and Safety Code, or
Sections 727 and 1755.3 of, and Article 6 (commencing with Section
300) of Chapter 2 of Part 1 of Division 2 of, the Welfare and
Institutions Code, may permit sharing of the patient's or client's
record with any of the immunization information systems authorized by
this section.
(2) For a patient or client who is a dependent of a juvenile
court, the court or a person or agency designated by the court may
permit this recordsharing.
(3) For a patient or client receiving foster care, a person or
persons licensed to provide residential foster care, or having legal
custody, may permit this recordsharing.
(k) For purposes of supporting immunization information systems,
the State Department of Public Health shall assist the Immunization
Branch of the State Department of Public Health in both of the
following:
(1) Providing department records containing information about
publicly funded immunizations.
(2) Supporting efforts for the reporting of publicly funded
immunizations into immunization information systems by health care
providers and health care plans.
(l) Subject to any other provisions of state and federal law or
regulation that limit the disclosure of health information and
protect the privacy and confidentiality of personal information,
local health departments and the State Department of Public Health
may share the information listed in subdivision (c) with a state,
local health departments, health care providers, immunization
information systems, or any representative of an entity designated by
federal or state law or regulation to receive this information. The
State Department of Public Health may enter into written agreements
to exchange confidential immunization information with other states
for the purposes of patient care, protecting the public health,
entrance into school, child care and other institutions requiring
immunization prior to entry, and the other purposes described in
subdivision (d). The written agreement shall provide that the state
that receives confidential immunization information must maintain its
confidentiality and may only use it for purposes of patient care,
protecting the public health, entrance into school, child care and
other institutions requiring immunization prior to entry, and the
other purposes described in subdivision (d). Information may not be
shared pursuant to this subdivision if a patient or client, or parent
or guardian of a patient or client, refuses to allow the sharing of
immunization information pursuant to subdivision (e).