BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session SB 1334 (Stone) - Crime reporting: health practitioners: mandated reporting ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: April 19, 2016 |Policy Vote: PUB. S. 7 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: Yes | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: April 25, 2016 |Consultant: Jolie Onodera | | | | ----------------------------------------------------------------- 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 SB 1334 (Stone) Page 1 of ? 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 SB 1334 (Stone) Page 2 of ? 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 SB 1334 (Stone) Page 3 of ? 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. -- END --