begin deleteWieckowskiend delete . Falsely filed liens or encumbrances.
Existing law governs the procedure for levying an execution lien upon real or personal property and requires the judgment creditor to give the levying officer written instructions containing the information needed or requested by the levying officer to serve the writ, order, notice, or other paper on a person. Under existing law, a person who files any allegation of misconduct against any peace officer, knowing the allegation to be false, is guilty of a misdemeanor.end delete
This bill would make it a misdemeanor for any person to file, attempt to file, or conspire to file, in any public record, or any private record that is generally available to the public, any false lien or encumbrance against the real or personal property of a peace officer, as defined, on account of the performance of that peace officer’s official duties, if the person filing, attempting to file, or conspiring to file the public or private record knows, or has reason to know, that the lien or encumbrance is false or contains any materially false, fictitious, or fraudulent statement or representation. By creating a new crime, this bill would impose a state-mandated local program.end delete
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 no reimbursement is required by this act for a specified reason.
begin deleteno end delete.
Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
(a) In order to ensure that its resources are maximized
10for the protection of the public, the Medical Board of California
11shall prioritize its investigative and prosecutorial resources to
12ensure that physicians and surgeons representing the greatest threat
13of harm are identified and disciplined expeditiously. Cases
14involving any of the following allegations shall be handled on a
15priority basis, as follows, with the highest priority being given to
16cases in the first paragraph:
17(1) Gross negligence, incompetence, or repeated negligent acts
18that involve death or serious bodily injury to one or more patients,
19such that the physician and surgeon represents a danger to the
21(2) Drug or alcohol abuse by a physician and surgeon involving
22death or serious bodily injury to a patient.
23(3) Repeated acts of clearly excessive prescribing, furnishing,
24or administering of controlled substances, or repeated acts of
25prescribing, dispensing, or furnishing of controlled substances without
27a good faith prior examination of the patient and medical reason
28therefor. However, in no event shall a physician and surgeon
29prescribing, furnishing, or administering controlled substances for
30intractable pain consistent with lawful prescribing, including, but
31not limited to, Sections 725, 2241.5, and 2241.6 of this code and
32Sections 11159.2 and 124961 of the Health and Safety Code, be
33prosecuted for excessive prescribing and prompt review of the
34applicability of these provisions shall be made in any complaint
35that may implicate these provisions.
36(4) Sexual misconduct with one or more patients during a course
37of treatment or an examination.
38(5) Practicing medicine while under the influence of drugs or
P9 1(b) The board may by regulation prioritize cases involving an
2allegation of conduct that is not described in subdivision (a). Those
3cases prioritized by regulation shall not be assigned a priority equal
4to or higher than the priorities established in subdivision (a).
5(c) The Medical Board of California shall indicate in its annual
6report mandated by Section 2312 the number of temporary
7restraining orders, interim suspension orders, and disciplinary
8 actions that are taken in each priority category specified in
9subdivisions (a) and (b).
(a) Prescribing, dispensing, or furnishing dangerous
13drugs as defined in Section 4022 without an appropriate prior
15examination and a medical indication, constitutes
18(b) No licensee shall be found to have committed unprofessional
19conduct within the meaning of this section if, at the time the drugs
20were prescribed, dispensed, or furnished, any of the following
22(1) The licensee was a designated physician and surgeon or
23podiatrist serving in the absence of the patient’s physician and
24surgeon or podiatrist, as the case may be, and if the drugs were
25prescribed, dispensed, or furnished only as necessary to maintain
26the patient until the return of his or her practitioner, but in any case
27no longer than 72 hours.
28(2) The licensee transmitted the order for the drugs to a
29registered nurse or to a licensed vocational nurse in an inpatient
30facility, and if both of the following conditions exist:
31(A) The practitioner had consulted with the registered nurse or
32licensed vocational nurse who had reviewed the patient’s records.
33(B) The practitioner was designated as the practitioner to serve
34in the absence of the patient’s physician and surgeon or podiatrist,
35as the case may be.
36(3) The licensee was a designated practitioner serving in the
37absence of the patient’s physician and surgeon or podiatrist, as the
38case may be, and was in possession of or had utilized the patient’s
39records and ordered the renewal of a medically indicated
P10 1prescription for an amount not exceeding the original prescription
2in strength or amount or for more than one refill.
3(4) The licensee was acting in accordance with Section 120582
4of the Health and Safety Code.
The employing, directly or indirectly, the aiding, or the
8abetting of any unlicensed person or any suspended, revoked, or
9unlicensed practitioner to engage in the practice of medicine or any other mode of
14treating the sick or afflicted which requires a license to practice
15constitutes unprofessional conduct.
For purposes of this article, the following definitions
21(a) “Attending physician” means an individual who possesses
22a license in good standing to practice medicine or osteopathy issued
23by the Medical Board of California or the Osteopathic Medical
24Board of California and who has taken responsibility for an aspect
25of the medical care, treatment, diagnosis, counseling, or referral
26of a patient and who has
begin delete conducted a medical examination of that the patient has a
27patient before recording in the patient’s medical record the
28physician’s assessment of whetherend delete
begin delete serious medical condition .
30and whether the medical use of marijuana is appropriateend delete
33(b) “Department” means the State Department of
begin delete Health Servicesend delete
35(c) “Person with an identification card” means an individual
36who is a qualified patient who has applied for and received a valid
37identification card pursuant to this article.
38(d) “Primary caregiver” means the individual, designated by a
39qualified patient or by a person with an identification card, who
40has consistently assumed responsibility for the housing, health, or
P30 1safety of that patient or person, and may include any of the
3(1) In any case in which a qualified patient or person with an
4identification card receives medical care or supportive services,
5or both, from a clinic licensed pursuant to Chapter 1 (commencing
6with Section 1200) of Division 2, a health care facility licensed
7pursuant to Chapter 2 (commencing with Section 1250) of Division
82, a residential care facility for persons with chronic life-threatening
9illness licensed pursuant to Chapter 3.01 (commencing with Section
101568.01) of Division 2, a residential care facility for the elderly
11licensed pursuant to Chapter 3.2 (commencing with Section 1569)
12 of Division 2, a hospice, or a home health agency licensed pursuant
13to Chapter 8 (commencing with Section 1725) of Division 2, the
14owner or operator, or no more than three employees who are
15designated by the owner or operator, of the clinic, facility, hospice,
16or home health agency, if designated as a primary caregiver by
17that qualified patient or person with an identification card.
18(2) An individual who has been designated as a primary
19caregiver by more than one qualified patient or person with an
20identification card, if every qualified patient or person with an
21identification card who has designated that individual as a primary
22caregiver resides in the same city or county as the primary
24(3) An individual who has been designated as a primary
25caregiver by a qualified patient or person with an identification
26card who resides in a city or county other than that of the primary
27caregiver, if the individual has not been designated as a primary
28caregiver by any other qualified patient or person with an
30(e) A primary caregiver shall be at least 18 years of age, unless
31the primary caregiver is the parent of a minor child who is a
32qualified patient or a person with an identification card or the
33primary caregiver is a person otherwise entitled to make medical
34decisions under state law pursuant to Sections 6922, 7002, 7050,
35or 7120 of the Family Code.
36(f) “Qualified patient” means a person who is entitled to the
37protections of Section 11362.5, but who does not have an
38identification card issued pursuant to this article.
39(g) “Identification card” means a document issued by the State
40Department of Health
begin delete Servicesend delete that document identifies a
P31 1person authorized to engage in the medical use of marijuana and
2the person’s designated primary caregiver, if any.
3(h) “Serious medical condition” means all of the following
5(1) Acquired immune deficiency syndrome (AIDS).
10(6) Chronic pain.
13(9) Persistent muscle spasms, including, but not limited to,
14spasms associated with multiple sclerosis.
15(10) Seizures, including, but not limited to, seizures associated
17(11) Severe nausea.
18(12) Any other chronic or persistent medical symptom that
20(A) Substantially limits the ability of the person to conduct one
21or more major life activities as defined in the Americans with
22Disabilities Act of 1990 (Public Law 101-336).
23(B) If not alleviated, may cause serious harm to the patient’s
24safety or physical or mental health.
25(i) “Written documentation” means accurate reproductions of
26those portions of a patient’s medical records that have been created
27by the attending physician, that contain the information required
28by paragraph (2) of subdivision (a) of Section 11362.715, and that
29the patient may submit to a county health department or the
30county’s designee as part of an application for an identification
Qualified patients, persons with valid
35identification cards, and the designated primary caregivers of
36qualified patients and persons with identification cards, who
37associate within the State of California in order collectively or
38cooperatively to cultivate marijuana for medical purposes, shall
39not solely on the basis of that fact be subject to state criminal
P32 1sanctions under Section 11357, 11358, 11359, 11360, 11366,
211366.5, or 11570.
Section 653.3 is added to the Penal Code, to read:
Whoever files, attempts to file, or conspires to file, in
14any public record, or in any private record that is generally
15available to the public, any false lien or encumbrance against the
16real or personal property of an individual described in Chapter 4.5
17(commencing with Section 830) of Title 3 of Part 2, on account
18of the performance of the official duties of that person pursuant
19to that chapter, if the person filing, attempting to file, or conspiring
20to file the public or private record knows, or has reason to know,
21that the lien or encumbrance is false or contains any materially
22false, fictitious, or fraudulent statement or representation, is guilty
23of a misdemeanor.
No reimbursement is required by this act pursuant to
25Section 6 of Article XIII B of the California Constitution because
26the only costs that may be incurred by a local agency or school
27district will be incurred because this act creates a new crime or
28infraction, eliminates a crime or infraction, or changes the penalty
29for a crime or infraction, within the meaning of Section 17556 of
30the Government Code, or changes the definition of a crime within
31the meaning of Section 6 of Article XIII B of the California