AB 858 — Employment: health information technology: clinical practice guidelines: worker rights.

Summary

Existing law charges the Labor Commissioner with enforcement of various labor laws, including investigation of employee complaints. Existing law establishes the State Department of Public Health and sets forth its powers and duties relating to the licensure and regulation of health facilities, as defined. Existing law establishes the Department of Consumer Affairs and establishes various boards within its jurisdiction, including those charged with the licensure and regulation of practice in the various healing arts. This bill would provide that the use of technology shall not limit a worker who is providing direct patient care from exercising independent clinical judgment in the assessment, evaluation, planning, and implementation of care, nor from acting as a patient advocate. The bill would define "technology" for these purposes to mean scientific hardware or software, including algorithms derived from the use of health care related data, used to achieve a medical or nursing care objective at a general acute care hospital. This bill would authorize a worker who provides direct patient care at a general acute care hospital to override health information technology and clinical practice guidelines if, in their professional judgment and in accordance with their scope of practice, which includes receiving the approval of the patient's physician or doctor of podiatric medicine, it is in the best interest of the patient to do so. The bill would require a general acute care hospital to notify all workers who provide direct patient care and, if subject to a collective bargaining agreement, their representatives, before implementing new information technology that materially affects the jobs of the workers or their patients. This bill would prohibit a general acute care hospital employer from retaliating or otherwise discriminating against a worker providing direct patient care who requests to override health information technology and clinical practice guidelines or discusses these issues with other employees or supervisors. The bill would authorize a worker who is subject to retaliation or discrimination by a general acute care hospital employer to file a complaint with the Labor Commissioner against the general acute care hospital employer. The bill would limit the Labor Commissioner's jurisdiction with regard to the complaint to retaliation or other discrimination against a worker for requesting to override, or discussing overriding, health information technology. This bill would require a general acute care hospital to ensure that appropriate education or training be provided to workers providing direct patient care for purposes of educating or training those workers on how to utilize the new technology and to understand its limitations. The bill would require a general acute care hospital to allow workers providing direct patient care in the affected clinical areas to provide input in the implementation process for new technology impacting patient care delivery, as provided. The bill would authorize representatives of a general acute care hospital's professional practice committee to recommend certain improvements and participate, when feasible, in the implementation processes, as specified. The bill would specify that its provisions do not allow the override of any physician orders. Existing law, the Labor Code Private Attorneys General Act of 2004 (PAGA) , authorizes an aggrieved employee to bring a civil action to recover specified civil penalties that would otherwise be assessed and collected by the Labor and Workforce Development Agency on behalf of the employee and other current or former employees for the violation of certain provisions affecting employees. This bill would exempt violations of the above provisions from PAGA, unless otherwise agreed to by an employer and a labor organization in a collective bargaining agreement.

Bill Text

• Enrolled 09/01/22 - Enrolled Current pdf September 01, 2022
• Amended 08/22/22 - Amended Senate pdf August 22, 2022
• Amended 07/15/21 - Amended Senate pdf July 15, 2021
• Amended 06/29/21 - Amended Senate pdf June 29, 2021
• Amended 06/21/21 - Amended Senate pdf June 21, 2021
• Amended 05/24/21 - Amended Assembly pdf May 24, 2021
• Amended 04/29/21 - Amended Assembly pdf April 29, 2021
• Introduced 02/17/21 - Introduced pdf February 17, 2021
• AB858 View text html

Action History

1. September 23, 2022

   Vetoed by Governor.

2. September 07, 2022

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

3. August 30, 2022

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 58. Noes 16.).

4. August 29, 2022

   In Assembly. Concurrence in Senate amendments pending.

5. August 29, 2022

   Read third time. Passed. Ordered to the Assembly. (Ayes 29. Noes 9. Page 5187.).

6. August 23, 2022

   Read second time. Ordered to third reading.

7. August 22, 2022

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

8. August 22, 2022

   Ordered to second reading.

9. August 22, 2022

   From inactive file.

10. September 08, 2021

    Ordered to inactive file at the request of Senator Durazo.

11. August 26, 2021

    Read second time. Ordered to third reading.

12. August 26, 2021

    From committee: Do pass. (Ayes 5. Noes 2.) (August 26).

13. August 16, 2021

    In committee: Referred to suspense file.

14. July 15, 2021

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

15. July 14, 2021

    From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 1.) (July 14).

16. July 06, 2021

    From committee: Do pass and re-refer to Com. on HEALTH. (Ayes 4. Noes 1.) (July 5). Re-referred to Com. on HEALTH.

17. June 29, 2021

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

18. June 21, 2021

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

19. June 16, 2021

    Referred to Coms. on L., P.E. & R. and HEALTH.

20. June 03, 2021

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

21. June 02, 2021

    Read third time. Passed. Ordered to the Senate. (Ayes 52. Noes 15. Page 1847.)

22. May 25, 2021

    Read second time. Ordered to third reading.

23. May 24, 2021

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

24. May 20, 2021

    From committee: Amend, and do pass as amended. (Ayes 12. Noes 3.) (May 20).

25. May 12, 2021

    In committee: Set, first hearing. Referred to APPR. suspense file.

26. May 03, 2021

    Re-referred to Com. on APPR.

27. April 29, 2021

    Read second time and amended.

28. April 28, 2021

    From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 12. Noes 1.) (April 27).

29. April 08, 2021

    From committee: Do pass and re-refer to Com. on HEALTH. (Ayes 6. Noes 1.) (April 8). Re-referred to Com. on HEALTH.

30. February 25, 2021

    Referred to Coms. on L. & E. and HEALTH.

31. February 18, 2021

    From printer. May be heard in committee March 20.

32. February 17, 2021

    Read first time. To print.

Sponsors

• Jones-Sawyer · Primary
• Juan Carrillo · Cosponsor

Votes

Subjects