Amended in Assembly March 18, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2696

Introduced by Assembly Member Beth Gaines

February 19, 2016

begin delete An act to amend Section 131005 of the Health and Safety Code, relating to public health. end delete begin insert An act to add Article 1 (commencing with Section 104250) to Chapter 4 of Part 1 of Division 103 of the Health and Safety Code, relating to diabetes. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2696, as amended, Beth Gaines. begin delete State Public Health Officer. end delete begin insert Diabetes prevention and management. end insert

begin insert

Existing law establishes the State Department of Public Health and sets forth its powers and duties pertaining to, among other things, protecting, preserving, and advancing public health, including disseminating information regarding diseases.

end insert begin insert

This bill would require the State Department of Public Health to submit a report to the Legislature on or before January 1, 2018, that includes a summary and compilation of recommendations, as specified, on diabetes prevention and management from certain sources, including the University of California and the federal Centers for Disease Control and Prevention. The bill would require the department to, commencing July 1, 2017, annually post on its Internet Web site a summary of the amount and source of any funding directed to, and expenditures by, the department for programs and activities aimed at preventing or managing diabetes.

end insert begin delete

Existing law establishes the position of the State Public Health Officer, who serves as the director of the State Department of Public Health. The officer is required to be a licensed physician and surgeon, pursuant to the Medical Practice Act, and to have demonstrated medical, public health, and management experience.

end delete begin delete

This bill would make technical, nonsubstantive changes to this provision.

end delete

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:

begin insert

begin insert SECTION 1. end insert   

Article 1 (commencing with Section 104250) is
added to Chapter 4 of Part 1 of Division 103 of the Health and
Safety Code, to read:

 

Article begin insert 1. end insert   Diabetes.

 

begin insert 104250. end insert   

The Legislature finds and declares all of the following:

(a) It is reported that one in seven adult Californians has
diabetes, and the numbers are rising rapidly. The actual number
of those whose lives are affected by diabetes is unknown and stands
to be much higher when factoring in the incidence of type 1
diabetes and undiagnosed gestational diabetes.

(b) California has the greatest number of annual new cases of
diabetes in the United States.

(c) The incidence of diabetes amongst all Californians has
increased 32 percent over the past decade.

(d) Over 11.4 million people in California have prediabetes, a
condition that is a precursor to full onset type 2 diabetes. This
suggests that the total population of those diagnosed will continue
to rise in the absence of interventions.

(e) The prevalence of diagnosed gestational diabetes in
California has increased 60 percent in just seven years, from 3.3
percent of hospital deliveries in 1998 to 5.3 percent of hospital
deliveries in 2005, with the federal Centers for Disease Control
and Prevention stating that the diagnosis rate could run as high
as 18.3 percent.

(f) The fiscal impact to the State of California, including total
health care and related costs for the treatment of diabetes, was
over $35.9 billion in 2010.

(g) There is a disproportionate prevalence of type 2 diabetes
among Californians who are Black, Hispanic, or of Asian origin
compared to the general population. As of 2010, the incidence of
diabetes among Black and Hispanic people was nearly double that
among non-Hispanic Whites at approximately 14 percent. Asians
and Pacific Islanders, in the aggregate, experience higher rates
of diabetes than other populations. Certain groups within the Asian
and Pacific Islander population experience the highest prevalence
and risk overall, including Filipino, South Asians, and Pacific
Islanders, who suffer from diabetes at rates of 15 percent, 16
percent, and more than 18 percent, respectively.

(h) A recent study of a large state with a sizable diabetes
population found that the rate of diagnosed diabetes in that state’s
Medicaid population is nearly double that of its general population.

(i) There is no cure for any type of diabetes; however, there is
evidence that diabetes can be prevented or delayed in onset through
lifestyle changes and medical intervention.

(j) Diabetes when left untreated can lead to serious and costly
complications and a reduced lifespan.

(k) Many of these serious complications can be delayed or
avoided with timely diagnosis, effective patient self-care, and
improved social awareness.

(l) It is the intent of the Legislature to require the State
Department of Public Health to provide to the Legislature
information, including the annual federal Centers for Disease
Control and Prevention progress report, on diabetes prevention
and management activities conducted by the State Department of
Public Health and expenditures associated with diabetes prevention
and management activities. These activities are set forth by the
State Department of Public Health in the California Wellness Plan
2014 and the report dated September 2014 entitled “Burden of
Diabetes in California.”

begin insert 104251. end insert   

(a) The State Department of Public Health shall
submit a report to the Legislature on or before January 1, 2018,
that includes a summary and compilation of recommendations on
diabetes prevention and management, if any, from all of the
following sources:

(1) The University of California.

(2) The federal Centers for Disease Control and Prevention.

(3) The California Wellness Plan.

(4) Other statewide diabetes stakeholder groups.

(5) Other entities identified by the department as having relevant
findings and recommendations.

(b) The department shall include in the report any
recommendations from those institutions on all of the following
items:

(1) Evidence-based strategies to prevent or manage diabetes.

(2) An analysis of the financial impact diabetes and its
complications have on the state.

(3) Policy recommendations for the prevention and management
of diabetes.

(c) The department shall also include in the report a description
of the existing level of coordination between state departments
with regard to programmatic activities and the provision of
information to the public regarding managing and preventing
diabetes and its complications.

(d) Commencing July 1, 2017, the department shall annually
post all of the following information on its Internet Web site:

(1) A summary of the amount and source of any funding directed
to the department for programs and activities aimed at preventing
or managing diabetes.

(2) A summary of the expenditures by the department on
programs and activities aimed at preventing or managing diabetes.

(e) (1) The requirement for submitting a report imposed under
subdivision (a) is inoperative on January 1, 2024.

(2) The report submitted to the Legislature pursuant to this
section shall be submitted in compliance with Section 9795 of the
Government Code.

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begin delete

SECTION 1.  

Section 131005 of the Health and Safety Code
is amended to read:

131005.  

(a) There is in state government an executive officer
known as the State Public Health Officer, who shall be appointed
by the Governor, subject to confirmation by the Senate, and hold
office at the pleasure of the Governor. The State Public Health
Officer shall receive the annual salary provided by Article 1
(commencing with Section 11550) of Chapter 6 of Part 1 of
Division 3 of Title 2 of the Government Code.

(b) The State Public Health Officer shall serve as the director
of, and have control over, the State Department of Public Health.

(c) Any statutory reference to “director,” “the Director of Health
Services,” “the Director of Public Health,” or the “Director of the
State Department of Public Health,” regarding a function
transferred to the State Department of Public Health pursuant to
Chapter 2 (commencing with Section 131050), is deemed to,
instead, refer to the State Public Health Officer.

(d) Any statutory reference to “department” or “state
department” regarding a function transferred to the State
Department of Public Health pursuant to Chapter 2 (commencing
with Section 131050), shall refer to the State Department of Public
Health.

(e) The director shall be a physician and surgeon who is licensed
pursuant to Chapter 5 (commencing with Section 2000) of Division
2 of the Business and Professions Code, and who has demonstrated
medical, public health, and management experience.

end delete