BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          SB 1334 (Stone) - Crime reporting:  health practitioners:  
          mandated reporting
          
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          |Version:  April 19, 2016        |Policy Vote:  PUB. S. 7 - 0     |
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          |Urgency:  No                    |Mandate:  Yes                   |
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          |Hearing Date:  April 25, 2016   |Consultant:  Jolie Onodera      |
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          This bill meets the criteria for referral to the Suspense File. 

          

          Bill  
          Summary:  SB 1334 would expand the existing mandatory reporting  
          law applicable to health practitioners to include making reports  
          for patients who disclose they are seeking treatment due to  
          being the victims of assaultive or abusive conduct, as  
          specified.


          Fiscal  
          Impact:  
            Local health practitioners  :  Non-reimbursable local costs  
            (Local Funds) to the extent the bill results in additional  
            reports of abuse made to law enforcement.   
            Local law enforcement agencies :  Non-reimbursable local  
            enforcement costs (Local Funds) resulting from additional  
            mandated reports received and investigated.
            State prisons/county jails  :  Potential future increase in  
            state and local costs (Local/General Fund) to the extent  
            additional mandatory reports of assaultive or abusive conduct  







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            that otherwise would have remained unreported lead to  
            subsequent convictions for the offenses enumerated under the  
            mandatory reporting law. To the extent practitioners are  
            largely reporting on these types of cases would reduce the  
            potential for such costs.  
            Office of Emergency Services (Cal OES)  :  Negligible fiscal  
            impact to Cal OES for costs associated with the administration  
            of victims' services programs. Potential increase in  
            utilization of victims' services grants (Federal Funds/General  
            Fund) to the extent additional mandated reports result in more  
            referrals to local domestic violence services, as is  
            recommended for all persons for whom a mandated report is  
            submitted (PC § 11161).
            VCGCB  :  Potential increases or decreases in claims paid  
            (General Fund) for health practitioners for reasonable  
            attorney's fees incurred, to the extent a greater or lesser  
            number of legal actions are filed against health practitioners  
            under the expanded reporting requirements. Despite the  
            provision of liability immunity, PC § 11163 authorizes up to  
            $50,000 per claim in cases dismissed or prevailed.


          Background:  Under existing law, a health practitioner employed in a health  
          facility, clinic, physician's office, local or state public  
          health department or clinic, and who, in his or her professional  
          capacity or within the scope of his or her employment, provides  
          medical services for a physical condition to a patient who he or  
          she knows, or reasonably suspects, is a person described as  
          follows, is required to immediately make a report to a local law  
          enforcement agency:
                 A person suffering from a wound or other physical injury  
               inflicted by his or her own act or inflicted by another  
               where the injury is by means of a firearm.


                 A person suffering from a wound or other physical injury  
               inflicted upon the person where the injury is the result of  
               assaultive or abusive conduct. (Penal Code (PC) §  
               11160(a).)


          Existing law requires a report to be made by telephone  
          immediately or as soon as practically possible, and for a  
          written report to be completed and sent to a local law  








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          enforcement agency within two working days of receiving the  
          information from the person. (PC § 11160(b).)


          Failure to report under the mandatory reporting law is a  
          misdemeanor, punishable by imprisonment in a county jail for up  
          to six months, by a fine of up to $1,000, or both the  
          imprisonment and fine. (PC § 11162.)


          Existing law provides health practitioners with immunity from  
          civil and criminal liability for the mandated reporting of  
          assaultive or abusive conduct, however, Legislative findings and  
          declarations provide that "even though the Legislature has  
          provided for immunity from liability,?that immunity does not  
          eliminate the possibility that actions may be brought against  
          those persons based upon required reports of abuse pursuant to  
          other laws."


          As a result, existing law authorizes a health practitioner to  
          present a claim to the Victim Compensation and Government Claims  
          Board (VCGCB) for reasonable attorney's fees incurred in any  
          action against that person on the basis of that person reporting  
          in accordance with existing law if the court dismisses the  
          action or if that person prevails in the action. The VCGCB is to  
          submit the claim to be paid from an appropriation to be made for  
          that purpose of up to the maximum amount of $50,000 per claim.


          Proposed  
          Law:  This bill would expand the existing mandatory reporting  
          law applicable to health practitioners to include making reports  
          for patients who disclose they are seeking treatment due to  
          being the victims of assaultive or abusive conduct, as  
          specified.


          Prior  
          Legislation:  AB 1652 (Speier) Chapter 992/1993 required a  
          health practitioner with knowledge of or who observed a patient  
          whom he or she knows or reasonably suspects is suffering from a  
          wound inflicted by means of a knife, gun, or other deadly  
          weapon, to report to a law enforcement agency. AB 1652 increased  








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          the maximum fine for failure to report from $500 to $1,000, and  
          provided for criminal and civil immunity for health  
          practitioners making the mandated reports.





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