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
SB 1334 (Stone) Page 1 of
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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
SB 1334 (Stone) Page 2 of
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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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