California 2017-2018 Regular Session Status: Passed Assembly

AB 2167 — Information privacy: digital health feedback systems.

Last action — Read third time. Refused passage. (Ayes 15. Noes 12. Page 6167.).

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2017-2018 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law, the Confidentiality of Medical Information Act, generally prohibits a provider of health care, a health care service plan, or a contractor from disclosing medical information regarding a patient of the provider of health care or an enrollee or subscriber of a health care service plan without first obtaining an authorization, except as otherwise specified. Existing law defines "medical information" for purposes of these provisions to mean certain individually identifiable health information in possession of or derived from a provider of health care, among others. Existing law also defines the term "provider of health care" for purposes of these provisions and provides that any business that offers software or hardware to consumers for purposes of allowing the individual to manage his or her information, or for the diagnosis, treatment, or management of a medical condition of the individual, is deemed to be a provider of health care subject to the requirements of the act. Existing law makes a violation of these provisions that results in economic loss or personal injury to a patient punishable as a misdemeanor. This bill would define "medical information" for purposes of the act to include any information in possession or derived from a digital health feedback system, which the bill would define. The bill would also require a manufacturer or operator that sells or offers to sell a device or software application that may be used with a digital health feedback system to a consumer in California to equip the device or software application, and the system, with reasonable security features appropriate to the nature of the device, software application, or system and the information it may collect, contain, or transmit, that protect the device, software application, or system and any information contained therein from unauthorized access, destruction, use, modification, or disclosure. Because this bill would expand the definition of a crime, it would impose a state-mandated local program. The bill would make other related conforming changes. This bill would incorporate additional changes to Section 56.06 of the Civil Code proposed by AB 2402 to be operative only if this bill and AB 2402 are enacted and this bill is enacted last. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. Read third time. Refused passage. (Ayes 15. Noes 12. Page 6167.).

  2. Reconsideration granted. (Ayes 38. Noes 0. Page 5910.)

  3. Read third time. Refused passage. (Ayes 16. Noes 14. Page 5910.).

  4. Read second time. Ordered to third reading.

  5. Read third time and amended. Ordered to second reading.

  6. Read second time. Ordered to third reading.

  7. From committee: Do pass. (Ayes 5. Noes 2.) (August 16).

  8. In committee: Referred to APPR. suspense file.

  9. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

  10. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (June 26). Re-referred to Com. on APPR.

  11. Referred to Com. on JUD.

  12. In Senate. Read first time. To Com. on RLS. for assignment.

  13. Read third time. Passed. Ordered to the Senate. (Ayes 56. Noes 12. Page 5204.)

  14. Read second time. Ordered to third reading.

  15. Read second time and amended. Ordered returned to second reading.

  16. From committee: Amend, and do pass as amended. (Ayes 12. Noes 5.) (May 2).

  17. Re-referred to Com. on APPR.

  18. Read second time and amended.

  19. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 2.) (April 17).

  20. From committee: Do pass and re-refer to Com. on P. & C.P. (Ayes 15. Noes 0.) (April 10). Re-referred to Com. on P. & C.P.

  21. Re-referred to Com. on HEALTH.

  22. From committee chair, with author's amendments: Amend, and re-refer to Com. on HEALTH. Read second time and amended.

  23. Referred to Coms. on HEALTH and P. & C.P.

  24. From printer. May be heard in committee March 15.

  25. Read first time. To print.

Sponsors

  • Chau · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 5 voted No

Sponsors (1)

  • Chau

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

3rd Reading AB2167 Chau By Jackson

Failed 15 Yea · 12 Nay · 13 Other
Party YeaNayPresentNot Voting
Unaffiliated 1212011
Democratic 3002
Total 1512013
% of votes cast 38%30%0%33%
How each member voted (40)
Member Party Vote
Anderson — Nay
Bates — Nay
Beall — Yea
Bradford — Not Voting
Hertzberg — Not Voting
Hueso — Yea
Lara — Not Voting
Monning — Yea
Moorlach — Not Voting
Morrell — Nay
Nielsen — Nay
Roth — Not Voting
Vidak — Nay
Cannella — Not Voting
Delgado — Not Voting
Fuller — Nay
Glazer — Not Voting
Galgiani — Nay
Hernandez — Yea
Hill — Nay
Dodd — Nay
Portantino — Yea
Allen — Yea
Mitchell — Yea
De León — Yea
Atkins — Yea
Leyva — Yea
Skinner — Yea
Wieckowski — Yea
Wilk — Nay
Chang — Not Voting
Pan — Not Voting
Beth Gaines — Nay
Bill Berryhill — Not Voting
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Not Voting
Stern, Henry I. Democratic Not Voting
Wiener, Scott D. Democratic Yea

Official roll call →

3rd Reading AB2167 Chau By Jackson Reconsider

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 33002
Democratic 5000
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)
Member Party Vote
Anderson — Yea
Bates — Yea
Hernandez — Yea
Lara — Yea
Monning — Yea
Roth — Yea
Vidak — Yea
Wilk — Yea
Cannella — Yea
Fuller — Yea
Allen — Yea
Mitchell — Yea
Galgiani — Yea
Atkins — Yea
Portantino — Yea
Glazer — Yea
Chang — Yea
Hertzberg — Yea
De León — Yea
Delgado — Not Voting
Hill — Yea
Dodd — Yea
Hueso — Yea
Beall — Yea
Bradford — Yea
Leyva — Yea
Moorlach — Yea
Morrell — Yea
Nielsen — Yea
Pan — Yea
Skinner — Yea
Wieckowski — Yea
Beth Gaines — Yea
Bill Berryhill — Not Voting
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

3rd Reading AB2167 Chau By Jackson

Failed 16 Yea · 14 Nay · 10 Other
Party YeaNayPresentNot Voting
Unaffiliated 131408
Democratic 3002
Total 1614010
% of votes cast 40%35%0%25%
How each member voted (40)
Member Party Vote
Anderson — Nay
Bates — Not Voting
Bradford — Not Voting
Hertzberg — Nay
Hueso — Yea
Moorlach — Nay
Roth — Not Voting
Chang — Not Voting
Delgado — Not Voting
Fuller — Nay
Glazer — Nay
Lara — Yea
Hernandez — Yea
Portantino — Yea
Allen — Yea
Mitchell — Yea
De León — Yea
Atkins — Yea
Beall — Yea
Leyva — Yea
Monning — Yea
Skinner — Yea
Wieckowski — Yea
Cannella — Not Voting
Galgiani — Nay
Hill — Nay
Dodd — Nay
Morrell — Nay
Nielsen — Nay
Pan — Nay
Vidak — Nay
Wilk — Not Voting
Beth Gaines — Nay
Bill Berryhill — Not Voting
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Not Voting
Stern, Henry I. Democratic Not Voting
Wiener, Scott D. Democratic Yea

Official roll call →

Do pass

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4200
Democratic 1000
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Bates — Nay
Bradford — Yea
Hill — Yea
Nielsen — Nay
Portantino — Yea
Beall — Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bates — Yea
Beall — Yea
Hill — Yea
Nielsen — Yea
Portantino — Yea
Bradford — Yea
Wiener, Scott D. Democratic Yea

Official roll call →

AB 2167 CHAU Assembly Third Reading

Passed 56 Yea · 12 Nay · 10 Other
Party YeaNayPresentNot Voting
Unaffiliated 401106
Democratic 14001
Republican 2103
Total 5612010
% of votes cast 72%15%0%13%
How each member voted (78)
Member Party Vote
Acosta — Not Voting
Baker — Yea
Bigelow — Nay
Brough — Nay
Holden — Yea
Levine — Yea
Low — Yea
Mathis — Nay
Obernolte — Nay
Rodriguez — Yea
Santiago — Not Voting
Voepel — Not Voting
Weber — Yea
Eggman — Yea
Bloom — Yea
Chau — Yea
Chu — Yea
Gloria — Yea
Mayes — Yea
Medina — Yea
Thurmond — Yea
Ting — Yea
Gonzalez Fletcher — Yea
Salas — Yea
Burke — Yea
Gray — Yea
Frazier — Yea
Rubio — Yea
Friedman — Yea
Harper — Nay
Jones-Sawyer — Yea
Fong — Nay
Kamlager-Dove — Yea
Kiley — Nay
Maienschein — Yea
McCarty — Yea
Melendez — Not Voting
Mullin — Yea
Chiu — Yea
Chávez — Nay
Cooley — Yea
Nazarian — Yea
O'Donnell — Yea
Quirk — Yea
Rendon — Yea
Steinorth — Not Voting
Waldron — Yea
Wood — Yea
Cooper — Yea
Cunningham — Nay
Daly — Yea
Cristina Garcia — Not Voting
Eduardo Garcia — Yea
Jim Patterson — Nay
Mark Stone — Yea
Travis Allen — Nay
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Not Voting
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Not Voting
Choi, Steven S. Republican Not Voting
Dahle, Megan Republican Not Voting
Flora, Heath Republican Yea
Gallagher, James Republican Nay
Lackey, Tom Republican Yea

Official roll call →

Do pass as amended.

Passed 12 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9400
Democratic 3000
Republican 0100
Total 12500
% of votes cast 71%29%0%0%
How each member voted (17)
Member Party Vote
Nazarian — Yea
Chau — Yea
Friedman — Yea
Gonzalez Fletcher — Yea
Fong — Nay
Obernolte — Nay
Quirk — Yea
Bigelow — Nay
Bloom — Yea
Brough — Nay
Eggman — Yea
Eduardo Garcia — Yea
Wendy Carrillo — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Nay

Official roll call →

Do pass and be re-referred to the Committee on [Privacy and Consumer Protection]

Passed 15 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 3000
Unaffiliated 11000
Republican 1000
Total 15000
% of votes cast 100%0%0%0%
How each member voted (15)
Member Party Vote
Bigelow — Yea
Mayes — Yea
McCarty — Yea
Santiago — Yea
Thurmond — Yea
Waldron — Yea
Burke — Yea
Nazarian — Yea
Rodriguez — Yea
Wood — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Bonta, Mia Democratic Yea
Limón, Monique Democratic Yea
Flora, Heath Republican Yea

Official roll call →

Subjects

healthcare technology
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Frequently asked questions

What does AB 2167 do?
Existing law, the Confidentiality of Medical Information Act, generally prohibits a provider of health care, a health care service plan, or a contractor from disclosing medical information regarding a patient of the provider of health care or an enrollee or subscriber of a health care service plan without first obtaining an authorization, except as otherwise specified. Existing law defines "medical information" for purposes of these provisions to mean certain individually identifiable health information in possession of or derived from a provider of health care, among others. Existing law also defines the term "provider of health care" for purposes of these provisions and provides that any business that offers software or hardware to consumers for purposes of allowing the individual to manage his or her information, or for the diagnosis, treatment, or management of a medical condition of the individual, is deemed to be a provider of health care subject to the requirements of the act. Existing law makes a violation of these provisions that results in economic loss or personal injury to a patient punishable as a misdemeanor. This bill would define "medical information" for purposes of the act to include any information in possession or derived from a digital health feedback system, which the bill would define. The bill would also require a manufacturer or operator that sells or offers to sell a device or software application that may be used with a digital health feedback system to a consumer in California to equip the device or software application, and the system, with reasonable security features appropriate to the nature of the device, software application, or system and the information it may collect, contain, or transmit, that protect the device, software application, or system and any information contained therein from unauthorized access, destruction, use, modification, or disclosure. Because this bill would expand the definition of a crime, it would impose a state-mandated local program. The bill would make other related conforming changes. This bill would incorporate additional changes to Section 56.06 of the Civil Code proposed by AB 2402 to be operative only if this bill and AB 2402 are enacted and this bill is enacted last. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Who sponsors AB 2167?
AB 2167 is sponsored by Chau.
What is the current status of AB 2167?
This bill died with 2017-2018 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 2167?
Track AB 2167 free on One Click Politics — get push/email alerts when it moves.

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