Supported California Legislation
AB 805 (Maienschein) – PPE transparency
This bill requires during any health-related state of emergency MHOACs report to OES on a weekly basis which facilities PPE has been distributed to, the type of PPE distributed, and the allocations of each type of PPE. PPE includes N95s, respirators, surgical masks, isolation gowns, eye protection, shoe coverings and gloves. When we are not in a state of emergency MHOACs only must report this information on a monthly basis. AB 805 also requires during any health-related state of emergency OES to publicly post and update the information reported by MHOACs on a weekly basis, and at all other times on a monthly basis.
AB 858 (Jones-Sawyer) – Algorithmic Bias
This bill is crucial to protect patient safety. Patients are interacting with a deeply flawed medical technological system, that among many issues, has shown commercial algorithms exhibit significant racial bias. Specifically, this bill will allow a healthcare worker providing direct patient care to override health information technology if, in their professional judgement, and in accordance with their scope of practice, it is in the best interest of the patient to do so. Subsequentially the bill also outlines a protection from retaliation from their employer for these workers, if they request to override health information technology. AB 858 will also require employers to notify their workers if they’re implementing new technology that affects their job or their patients and, provide adequate training on how to use the new technology and understand its limitations. Finally, AB 858 will allow workers to participate in the design process for new technology impacting the delivery of patient care, while adhering to HIPAA and protecting patient’s private medical information.
AB 1105 (Rodriguez) - Covid testing bill
This bill recognizes that testing must be made readily available to nurses and health care workers, regardless of symptoms and without cost. This bill requires general acute care hospitals to 1) Develop and implement weekly Covid-19 screening testing of health care personnel who may have been exposed to or have signs/symptoms consistent with Covid-19 (regardless if they are symptomatic or asymptomatic). 2) Continue implementing other infection prevention and control interventions including monitoring all health care personnel and patients for signs and symptoms of Covid-19, universal masking, physical distancing, and environmental cleaning and disinfection. 3) Implement screening testing of health care personnel even if they have been vaccinated. 4) Develop and implement health care personnel testing programs that include policies and procedures addressing the use of test results (i.e., explaining results to health care personnel, communicating information about positive cases to responsible parties, and how results will guide implementation of infection control measures).
AB 1400 (Kalra) - CalCARE
AB 1400 sets in motion a single-payer health care coverage system in California, called CalCare, for all residents, regardless of citizenship status. By streamlining payments and lowering per-capita health care spending, CalCare guarantees quality health care and long-term care without creating barriers to care or out-of-pocket costs.
AB 1407 (Burke) - Implicit bias training for new grads
This bill, though in spot form now, will soon be amended to: include implicit bias in prelicensure nursing program instructional content, develop a new graduate hospital training program (extends the Mitchell bill to new grad training programs) and amends existing law’s exemption from CE for new licensees to require these licensees take implicit bias training within the first two years of licensure.
SB 213 (Cortese) - Presumptive Eligibility
S.B. 213 recognizes that health care workers such as nurses are on the frontline and face many of the same health risks as public safety officers. Specifically, this bill creates a workers' compensation rebuttable presumption for hospital employees who provide direct patient care in an acute hospital setting for issues such as infectious disease, respiratory disease (including Covid-19) cancer, post- traumatic stress disorder, and musculoskeletal injuries.
SB 637 (Newman) - Hospital/CDPH data reporting
This bill will give California important information in the fight to protect front line nurses and health care workers, their patients, and our communities as they continue putting their lives on the line every day of this crisis. Specifically, this bill will require general acute care hospitals (GACHs) to report to the California Department of Public Health (CDPH) vital information on hospital staffing, which will give us crucial information for enforcing the health and safety law of nurse-to-patient ratios. Safe staffing standards are vital components in patient and worker safety and sound public policy requires accurate real-time information on these critical elements. SB 637 will also require hospitals under statute to post all program flexibility exceptions granted by CDPH next to their license rather than in non-public binders in administrative offices.
We would also like to bring to your attention a bad bill. AB 1422 (Gabriel) and sponsored by SEIU would seek to undermine California’s numerical nurse-to-patient ratios by suggesting that the California Department of Public Health (CDPH) has authority which it does not have. “The bill would specifically authorize the department to grant a staffing ratio program flexibility request, relating to nurse-to- patient ratios, and misinterprets existing law by implying CDPH has broad authority to create exceptions to the numerical nurse-to-patient ratios through the program flexibility. Existing law only allows for program flexibility (NICU, OR and ICU) and waivers for rural hospitals. If signed into law, this bill would allow for statewide flexibility of staffing ratios similar to what was waived during the pandemic. CNA is vigorously opposing this bill.