California 2015-2016 Regular Session Status: Enacted

AB 2744 — Healing arts: referrals.

Last action — Chaptered by Secretary of State - Chapter 360, Statutes of 2016.

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

This bill has been enacted into law. Introduced February 19, 2016. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 6 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law provides for the licensure and regulation of various healing arts professions and vocations by boards within the Department of Consumer Affairs. Under existing law, it is unlawful for licensed healing arts practitioners, except as specified, to offer, deliver, receive, or accept any rebate, refund, commission, preference, patronage dividend, discount, or other consideration, in the form of money or otherwise, as compensation or inducement for referring patients, clients, or customers to any person. Existing law makes a violation of this provision a public offense punishable upon a first conviction by imprisonment, as specified, or a fine not exceeding $50,000, or by imprisonment and that fine. This bill would provide that the payment or receipt of consideration for advertising, wherein a licensed healing arts practitioner offers or sells services through a third-party advertiser, does not constitute a referral of patients when the third-party advertiser does not itself recommend, endorse, or otherwise select a licensee. The bill would require that the fee paid to the third-party advertiser be commensurate with the service provided by the third-party advertiser. The bill would require the purchaser of the service to receive a refund of the full purchase price if the licensee determines, after consultation with the purchaser, that the service provided by the licensee is not appropriate for the purchaser, or if the purchaser elects not to receive the service for any reason and requests a refund, as specified. The bill would require that a licensee disclose in the advertisement that a consultation is required and that the purchaser will receive a refund if not eligible to receive the service. The bill would specify that these provisions do not apply to basic health care services or essential health benefits, as defined. The bill would also provide that the entity that provides advertising is required to be able to demonstrate that the licensee consented in writing to these provisions. The bill would require a third-party advertiser to make available to prospective purchasers advertisements for services of all licensees then advertising through the third-party advertiser in the applicable geographic region and to disclose, in any advertisement offering a discount price for a service, the regular, nondiscounted price for that service.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 360, Statutes of 2016.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 80. Noes 0. Page 6120.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 18 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0. Page 5022.).

  7. Read second time. Ordered to third reading.

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

  9. Read second time. Ordered to third reading.

  10. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  11. Read second time and amended. Re-referred to Com. on APPR.

  12. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (June 13).

  13. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B., P. & E.D.

  14. In committee: Set, first hearing. Hearing canceled at the request of author.

  15. Referred to Com. on B., P. & E.D.

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

  17. Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 4789.)

  18. Read second time. Ordered to Consent Calendar.

  19. From committee: Do pass. To Consent Calendar. (Ayes 20. Noes 0.) (May 4).

  20. From committee: Do pass and re-refer to Com. on APPR. (Ayes 16. Noes 0.) (April 19). Re-referred to Com. on APPR.

  21. In committee: Set, first hearing. Hearing canceled at the request of author.

  22. Re-referred to Com. on B. & P.

  23. From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & P. Read second time and amended.

  24. Referred to Com. on B. & P.

  25. Read first time.

  26. From printer. May be heard in committee March 22.

  27. Introduced. To print.

Sponsors

  • Gordon · Primary
  • Hill · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 1 co-sponsors · 120 not signed on

Sponsors (1)

  • Gordon

Co-sponsors (1)

  • Hill

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"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

AB 2744 GORDON Concurrence in Senate Amendments

Passed 80 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 70000
Democratic 5000
Republican 5000
Total 80000
% of votes cast 100%0%0%0%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bloom — Yea
Brough — Yea
Brown — Yea
Harper — Yea
Jones-Sawyer — Yea
Mathis — Yea
Nazarian — Yea
Olsen — Yea
Rodriguez — Yea
Steinorth — Yea
Waldron — Yea
Wilk — Yea
Williams — Yea
Wood — Yea
Eggman — Yea
Cooley — Yea
Cooper — Yea
Dababneh — Yea
Daly — Yea
Gatto — Yea
Gray — Yea
Gordon — Yea
Atkins — Yea
Bonilla — Yea
Lopez — Yea
Holden — Yea
Campos — Yea
Chávez — Yea
Kim — Yea
Levine — Yea
Maienschein — Yea
Baker — Yea
Bigelow — Yea
Dodd — Yea
Medina — Yea
Melendez — Yea
Mullin — Yea
Quirk — Yea
Santiago — Yea
Ting — Yea
Wagner — Yea
Gomez — Yea
Burke — Yea
Chang — Yea
Salas — Yea
Linder — Yea
Low — Yea
Mayes — Yea
McCarty — Yea
O'Donnell — Yea
Chau — Yea
Chiu — Yea
Chu — Yea
Obernolte — Yea
Rendon — Yea
Ridley-Thomas — Yea
Thurmond — Yea
Weber — Yea
Frazier — Yea
Hadley — Yea
Beth Gaines — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Yea
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Yea
Gallagher, James Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea

Official roll call →

3rd Reading AB2744 Gordon By Hill

Passed 37 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 34002
Democratic 3000
Total 37002
% of votes cast 95%0%0%5%
How each member voted (39)
Member Party Vote
Anderson — Yea
Bates — Yea
Hill — Yea
Hueso — Yea
Leyva — Yea
Pan — Yea
Roth — Yea
Vidak — Yea
Wieckowski — Yea
Galgiani — Yea
Allen — Yea
Cannella — Yea
De León — Yea
Fuller — Yea
Mitchell — Not Voting
Glazer — Yea
Hall — Yea
Hancock — Yea
Hernandez — Not Voting
Hertzberg — Yea
Huff — Yea
Beall — Yea
Block — Yea
Lara — Yea
Leno — Yea
Liu — Yea
Mendoza — Yea
Monning — Yea
Moorlach — Yea
Morrell — Yea
Nielsen — Yea
Pavley — Yea
Wolk — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea

Official roll call →

AB 2744 GORDON Consent Calendar Second Day

Passed 78 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 68002
Democratic 5000
Republican 5000
Total 78002
% of votes cast 98%0%0%3%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bloom — Yea
Brough — Yea
Brown — Yea
Holden — Yea
Low — Yea
Maienschein — Yea
Mathis — Yea
Mayes — Yea
O'Donnell — Yea
Quirk — Yea
Rodriguez — Yea
Santiago — Yea
Weber — Yea
Wood — Yea
Eggman — Yea
Cooper — Yea
Daly — Yea
Frazier — Yea
Gatto — Yea
Salas — Yea
Gomez — Yea
Gordon — Yea
Chang — Yea
Harper — Yea
Kim — Yea
Chau — Yea
Levine — Yea
Linder — Yea
McCarty — Yea
Gray — Yea
Melendez — Yea
Nazarian — Yea
Atkins — Yea
Chiu — Yea
Baker — Yea
Bigelow — Yea
Chu — Yea
Chávez — Yea
Cooley — Yea
Dababneh — Yea
Dodd — Yea
Obernolte — Yea
Olsen — Yea
Rendon — Yea
Ridley-Thomas — Yea
Steinorth — Yea
Thurmond — Yea
Wagner — Yea
Waldron — Yea
Wilk — Yea
Williams — Yea
Bonilla — Yea
Lopez — Yea
Burke — Not Voting
Jones-Sawyer — Not Voting
Medina — Yea
Campos — Yea
Mullin — Yea
Ting — Yea
Hadley — Yea
Beth Gaines — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Yea
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Yea
Gallagher, James Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Do pass. To Consent Calendar.

Passed 20 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 16000
Democratic 2000
Republican 2000
Total 20000
% of votes cast 100%0%0%0%
How each member voted (20)
Member Party Vote
Bigelow — Yea
Bloom — Yea
McCarty — Yea
Quirk — Yea
Wood — Yea
Eggman — Yea
Daly — Yea
Obernolte — Yea
Wagner — Yea
Bonilla — Yea
Holden — Yea
Chang — Yea
Santiago — Yea
Weber — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass and be re-referred to the Committee on [Appropriations]

Passed 16 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 14000
Republican 2000
Total 16000
% of votes cast 100%0%0%0%
How each member voted (16)
Member Party Vote
Bloom — Yea
Brough — Yea
Eggman — Yea
Gatto — Yea
Gomez — Yea
Campos — Yea
Holden — Yea
Salas — Yea
Baker — Yea
Chávez — Yea
Dodd — Yea
Mullin — Yea
Ting — Yea
Wood — Yea
Dahle, Megan Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

healthcare health-insurance
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Frequently asked questions

What does AB 2744 do?
Existing law provides for the licensure and regulation of various healing arts professions and vocations by boards within the Department of Consumer Affairs. Under existing law, it is unlawful for licensed healing arts practitioners, except as specified, to offer, deliver, receive, or accept any rebate, refund, commission, preference, patronage dividend, discount, or other consideration, in the form of money or otherwise, as compensation or inducement for referring patients, clients, or customers to any person. Existing law makes a violation of this provision a public offense punishable upon a first conviction by imprisonment, as specified, or a fine not exceeding $50,000, or by imprisonment and that fine. This bill would provide that the payment or receipt of consideration for advertising, wherein a licensed healing arts practitioner offers or sells services through a third-party advertiser, does not constitute a referral of patients when the third-party advertiser does not itself recommend, endorse, or otherwise select a licensee. The bill would require that the fee paid to the third-party advertiser be commensurate with the service provided by the third-party advertiser. The bill would require the purchaser of the service to receive a refund of the full purchase price if the licensee determines, after consultation with the purchaser, that the service provided by the licensee is not appropriate for the purchaser, or if the purchaser elects not to receive the service for any reason and requests a refund, as specified. The bill would require that a licensee disclose in the advertisement that a consultation is required and that the purchaser will receive a refund if not eligible to receive the service. The bill would specify that these provisions do not apply to basic health care services or essential health benefits, as defined. The bill would also provide that the entity that provides advertising is required to be able to demonstrate that the licensee consented in writing to these provisions. The bill would require a third-party advertiser to make available to prospective purchasers advertisements for services of all licensees then advertising through the third-party advertiser in the applicable geographic region and to disclose, in any advertisement offering a discount price for a service, the regular, nondiscounted price for that service.
Who sponsors AB 2744?
AB 2744 is sponsored by Gordon and Hill.
What is the current status of AB 2744?
This bill has been enacted into law. Introduced February 19, 2016. Enacted.
Where can I track AB 2744?
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Last checked for changes 3 months ago · updated continuously

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