Amended in Assembly March 20, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2452

Introduced by Assembly Member begin delete Hall end delete begin insert Pan end insert

February 21, 2014

begin delete An act to amend Section 17205 of the Probate Code, relating to trusts. end delete begin insert An act to amend Sections 4800, 4801, 4802, and 4806 of, and to add Sections 4801.5 and 4807 to, the Probate Code, and to add Section 12820 to the Vehicle Code, relating to advance health care directives. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2452, as amended, begin delete Hall end delete   begin insert Pan end insert . begin delete Trusts: judicial proceedings. end delete begin insert Advance health care directive registry. end insert

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Existing law directs the Secretary of State to establish an Advance Health Care Directive Registry to receive and release specified information from a person who has executed a written advance health care directive. Existing law requires the Secretary of State to charge a fee to each registrant in an amount such that, when all fees charged to registrants are aggregated, the aggregated fees do not exceed the actual cost of establishing and maintaining the registry. Existing law provides that failure to register with the Secretary of State does not affect the validity of an advance health care directive.

end insert begin insert

This bill would require, commencing on January 1, 2016, the Secretary of State to establish and maintain access, as specified, to a secure portion of the Secretary of State’s Internet Web site that provides an electronic reproduction of an advance health care directive and other specified documents submitted to the registry system. The bill would require this access to include the ability to view the electronic reproduction on the Internet Web site, as well as download, print, and otherwise retrieve a copy of the electronic reproduction. The bill would, among other things, require the secretary to establish procedures to register, replace, and remove an advance health care directive, as specified.

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This bill would also require, commencing on January 1, 2016, an application for an original or renewal driver’s license or identification card to contain a space for the applicant to authorize the Department of Motor Vehicles to add a blue “wish” dot with a “white caduceus symbol” to each applicant’s driver license or identification card signifying enrollment in the California Secretary of State’s Advance Health Care Directive Registry. The application would be required to include check boxes for an applicant to mark acceptance, if desired, of the dot.

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Existing law authorizes a trustee or a beneficiary of a trust to petition a court to make determinations about the trust or to establish the existence of a trust. Existing law prescribes the procedure governing these proceedings, which includes requiring a petitioner to cause a copy of the petition to be mailed to parties making this request, as specified.

end delete begin delete

This bill would make a nonsubstantive change in these provisions.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

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

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begin insert SECTION 1. end insert   

end insert

begin insert Section 4800 of the end insert begin insert Probate Code end insert begin insert is amended to
read: end insert

4800.  

(a)  begin insert (1) end insert begin insert   end insert The Secretary of State shall establish a registry
system through which a person who has executed a written advance
health care directive may register in a central information center,
information regarding the advance directive, making that
information available upon request to any health care provider,
the public guardian, or the legal representative of the registrant.
begin delete A request for information pursuant to this section shall state the
need for the information. end delete

begin insert

(2) Commencing on January 1, 2016, the Secretary of State
shall establish and maintain access, as prescribed by this part, to
a secure portion of the Secretary of State’s Internet Web site that
provides an electronic reproduction of an advance health care
directive and other documents described in subdivision (c)
submitted to the registry system. This access shall include the
ability to view the electronic reproduction on the Internet Web
site, as well as download, print, and otherwise retrieve a copy of
the electronic reproduction.

end insert

(b)  begin delete The end delete begin insert Commencing on January 1, 2016, the end insert Secretary of State
shall begin delete respond end delete begin insert establish a process to register an advance health
care directive and submit personal information and documents to
the registry either end insert by begin insert electronic submission or submission of paper
documents. Commencing on January 1, 2016, end insert the begin delete close end delete begin insert Secretary end insert
of begin delete business on end delete begin insert State shall establish a process to merge documents
in end insert the begin delete next business day end delete begin insert registry prior end insert to begin insert January 1, 2016, with
the access system established in paragraph (2) of subdivision (a).
This process shall require end insert a begin delete request for information made pursuant end delete
begin insert person who registers an advance health care directive end insert to begin delete Section
4717 by end delete begin insert submit to end insert the begin delete emergency department end delete begin insert secretary all end insert of begin delete a
general acute care hospital. end delete begin insert the following: end insert

begin insert

(1) An application in a form prescribed by the Secretary of
State.

end insert begin insert

(2) A copy or electronic reproduction of the advance health
care directive.

end insert begin insert

(3) Any fee established by the Secretary of State pursuant to
subdivision (f).

end insert begin insert

(c) Information that may be received shall be limited to all of
the following regarding the registrant:

end insert begin insert

(1) Name.

end insert begin insert

(2) Social security number.

end insert begin insert

(3) Driver’s license number, or other state issued individual
identifying number established by law, if any.

end insert begin insert

(4) Address.

end insert begin insert

(5) Date and place of birth.

end insert begin insert

(6) The registrant’s advance health care directive.

end insert begin insert

(7) A values statement, questionnaire, or other document that
supplements the advance health care directive.

end insert begin insert

(8) Durable power of attorney form.

end insert begin insert

(9) A physician orders for life-sustaining treatment (POLST)
form.

end insert begin delete

(c)

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begin insert (10) end insert   begin delete Information that may be received is limited to the
registrant’s name, social security number, driver’s license number,
or other individual identifying number established by law, if any,
address, date and place of birth, the registrant’s advance health
care directive, an end delete begin insert The end insert intended place of deposit or safekeeping of
a written advance health care begin delete directive, end delete begin insert directive end insert and begin delete the name and
telephone number of the agent and end delete any begin delete alternative agent.
Information that may be released upon request may not include
the registrant’s social security number except when necessary to
verify the identity of the registrant. end delete begin insert other document described in
this subdivision. end insert

begin insert

(11) The name and telephone number of the agent and any
alternative agent.

end insert begin insert

(d) When the Secretary of State receives the items described in
subdivision (b) from a registrant, the secretary shall do all of the
following:

end insert begin insert

(1) Assign a registration number and password to access the
registry to the registrant.

end insert begin delete

(d)

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begin insert (2) end insert   begin delete When end delete begin insert Issue end insert the begin delete Secretary of State receives information from
a registrant, the secretary shall issue the end delete registrant an Advance
Health Care Directive Registry begin delete identification end delete begin insert registration end insert card
indicating that an advance health care directive, or information
regarding an advance health care directive, has been deposited
with the registry. begin insert The information on the card shall include, but
not be limited to, the registrant’s name, registration number, and
password to access the registry. end insert Costs associated with issuance of
the card shall be offset by the fee charged by the Secretary of State
to receive and register information at the registry.

begin insert

(3) Make or transfer an electronic reproduction of the advance
health care directive and other documents described in subdivision
(c) and post it to the registry and, if the person consents, a
statewide health information exchange system.

end insert

(e) The Secretary of State, at the request of the registrant or his
or her legal representative, shall transmit the information received
regarding the written advance health care directive to the registry
system of another jurisdiction as identified by the registrant, or his
or her legal representative.

(f) The Secretary of State shall charge a fee to each registrant
in an amount such that, when all fees charged to registrants are
aggregated, the aggregated fees do not exceed the actual cost of
establishing and maintaining the registry.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 4801 of the end insert begin insert Probate Code end insert begin insert is amended to read: end insert

4801.  

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(a) Notwithstanding any other law, the Secretary of
State shall limit access to the registry, including a registrant’s
advance health care directive, personal information, and other
documents received, to when all of the following occur:

end insert begin insert

(1) The assigned registration number and password are
provided.

end insert begin insert

(2) Access to the advance health care directive is required
pursuant to a lawful order of a court of competent jurisdiction,
requested by the registrant or the registrant’s legal representative,
requested by the public guardian, or requested by a provider of
health care to the registrant only for the purpose of providing
health care to the registrant.

end insert begin insert

(3) The Secretary of State determines that providing access to
the advance health care directive is in the best interest of the
registrant. However, a registrant or legal representative of the
registrant may access the advance health care directive of the
registrant for any purpose.

end insert begin delete

The

end delete

begin insert (b) end insert begin insert   end insert begin insert The end insert Secretary of State shall establish procedures to verify
the identities of health care providers, the public guardian, and
other authorized persons requesting information pursuant to Section
4800. No fee shall be charged to any health care provider, the
public guardian, or other authorized person requesting information
pursuant to Section 4800.

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(c) A request for access pursuant to this part shall state the need
for the information.

end insert begin insert

(d) The Secretary of State shall respond by the close of business
on the next business day to a request for information made
pursuant to Section 4717 by the emergency department of a general
acute care hospital when the request is made by means other than
through the Secretary of State’s Internet Web site.

end insert begin insert

(e) Information that may be released upon request shall not
include the registrant’s social security number except when
necessary to verify the identity of the registrant.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 4801.5 is added to the end insert begin insert Probate Code end insert begin insert , to read: end insert

begin insert

begin insert 4801.5. end insert   

The Secretary of State shall establish procedures for
all of the following:

(a) The registration of an advance health care directive or other
document described in Section 4800 that replaces an advance
health care directive or other document that is posted on the
registry.

(b) The removal from the registry of an advance health care
directive or other document described in Section 4800 that has
been revoked following the revocation of the advance health care
directive or other document or the death of the registrant.

(c) The issuance of a duplicate registration card or the provision
of other access to the registrant’s registration number and
password if a registration card issued pursuant to this section is
lost, stolen, destroyed, or otherwise unavailable.

end insert

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 4802 of the end insert begin insert Probate Code end insert begin insert is amended to read: end insert

4802.  

The Secretary of State shall establish procedures to advise
each registrant of the following:

(a) A health care provider may not honor a written advance
health care directive until it receives a copy from the begin delete registrant. end delete
begin insert registrant or accesses the advance health care directive from the
registry. end insert

(b) Each registrant must notify the registry upon revocation of
the advance begin insert health care end insert directive.

(c) Each registrant must reregister upon execution of a
subsequent advance begin insert health care end insert directive.

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 4806 of the end insert begin insert Probate Code end insert begin insert is amended to read: end insert

4806.  

(a) The Secretary of State shall work with the State
Department of begin insert Public end insert Health begin delete Services end delete and the office of the
Attorney General to develop information about end of life care,
advance health care directives, and registration of the advance
health care directives at the registry established pursuant to
subdivision (a) of Section 4800. This information shall be
developed utilizing existing information developed by the office
of the Attorney General.

(b) Links to the information specified in subdivision (a) and to
the registry shall be available on the Web sites of the Secretary of
State, the State Department of begin delete Health Services, end delete begin insert Public Health, end insert the
begin insert Department of Motor Vehicles, the end insert office of the Attorney General,
the Department of Managed Health Care, the Department of
Insurance, the Board of Registered Nursing, and the Medical Board
of California.

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 4807 is added to the end insert begin insert Probate Code end insert begin insert , to read: end insert

begin insert

begin insert 4807. end insert   

Commencing on January 1, 2016, the Secretary of State
shall, while establishing and maintaining electronic access to the
registry and to the extent practicable, consult with any entity
licensed pursuant to Division 2 (commencing with Section 1200)
of the Health and Safety Code, to integrate a process for retrieving
documents and information stored in the Advance Health Care
Directive Registry from a statewide health information exchange
system.

end insert

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 12820 is added to the end insert begin insert Vehicle Code end insert begin insert , to read: end insert

begin insert

begin insert 12820. end insert   

(a) Commencing on January 1, 2016, an application
for an original or renewal driver’s license or identification card
shall contain a space for the applicant to authorize the department
to add a blue “wish” dot with a “white caduceus symbol” to each
applicant’s driver license or identification card signifying
enrollment in the California Secretary of State’s Advance Health
Care Directive Registry. The application shall include check boxes
for an applicant to mark either one of the following:

(1) Yes, print a blue “WISH” dot with a “white caduceus
symbol” on my card.

(2) No, not at this time.

(b) The department shall inquire verbally of an applicant
applying in person for an original or renewal driver’s license or
identification card at a department office as to whether the
applicant wishes to enroll in the Advance Health Care Directive
Registry. Failure or refusal to answer this question or check a box
on the application form shall not be a basis for the department to
deny an applicant a driver’s license or identification card. The
department may direct the applicant to the California Secretary
of State Advance Health Care Directive Registry Program for
additional information.

(c) The following language shall be included with the question
required by subdivision (a):

“Marking “Yes” authorizes DMV to add a blue dot with a “white
caduceus symbol” to your license indicating enrollment in the
California Secretary of State’s Advance Health Care Directive
Registry. You must enroll in the Advance Health Care Directive
Registry by contacting the California Secretary of State Registries
Program or by visiting the Internet Web site at
www.sos.ca.gov/ahcdr/. Only after DMV receives confirmation of
your enrollment in the Advance Health Care Directive Registry
and receives authorization provided on this form, may DMV add
the blue dot to your license or identification card. If you wish to
remove your name from the registry you must contact the
California Secretary of State Registries Program (see back); DMV
can remove the blue dot from your licenses but cannot remove you
from the registry.”

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begin delete

SECTION 1.  

Section 17205 of the Probate Code is amended
to read:

17205.  

If a trustee or beneficiary has served and filed either a
notice of appearance, in person or by counsel, directed to the
petitioner or the petitioner’s counsel in connection with a particular
petition and proceeding or a written request for a copy of the
petition, and has given an address to which notice or a copy of the
petition may be mailed or delivered, the petitioner shall cause a
copy of the petition to be mailed to that person not later than five
days after service of the notice of appearance or receipt of the
request.

end delete