California 2023-2024 Regular Session Status: In Committee 1 D cosponsors

AB 3170 — Public health: maternal substance abuse.

Last action — From committee without further action.

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

This bill died with 2023-2024 Regular Session. It reached “In Committee” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 Child Abuse and Neglect Reporting Act, requires certain persons specified as "mandated reporters" to report suspected child abuse or child neglect, as specified. The act provides that a positive toxicology screen at the time of the delivery of an infant is not in and of itself a sufficient basis for reporting child abuse or neglect but requires an indication of maternal substance abuse to lead to an assessment of the needs of the mother and child pursuant to a specified provision of law, and, if other factors are present that indicate risk to a child, a report is required to be made, as specified. Existing law requires each county to establish protocols between county health departments, county welfare departments, and public and private hospitals in the county, regarding the application and use of a needs assessment of, and a referral for, certain substance-exposed infants to a county welfare department. Existing law requires a clinic, health facility, home health agency, or hospice to prevent unlawful or unauthorized access to, and use or disclosure of, patients' medical information, as defined. Existing law authorizes a health care provider to disclose medical information to a county social worker, probation officer, foster care public health nurse, or any other person authorized to have custody or care of a minor for purposes of coordinating health care services and medical treatment. Existing law authorizes those individuals to receive medical information and protected health information, as specified. A violation of these provisions may be punished as a misdemeanor. Existing law exempts specific medical and mental health evidence from a civil proceeding, including medical-dental staff committee findings and recommendations, as specified, or that a person suffered or experienced excited delirium. This bill would prohibit the releasing, reporting, or providing of a perinatal person's or a newborn's drug test or alcohol test or screen results, or information about drug or alcohol use in a pregnant or perinatal person's or newborn's medical records or otherwise known to a medical provider, as specified. The bill would also require a licensed clinic, health facility, home health agency, or hospice to prevent unlawful or unauthorized access to, and use or disclosure of, among other information, a perinatal person's or newborn's drug test or alcohol test or screen results. This bill would prohibit the admission of those results or information in a civil proceeding. By expanding the scope of an existing crime, this bill would impose a state-mandated local program. 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. From committee without further action.

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

  3. Re-referred to Com. on JUD.

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

  5. Referred to Coms. on JUD. and PUB. S.

  6. From printer. May be heard in committee March 18.

  7. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

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"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

Subjects

public-safety healthcare
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 3170 do?
Existing law, the Child Abuse and Neglect Reporting Act, requires certain persons specified as "mandated reporters" to report suspected child abuse or child neglect, as specified. The act provides that a positive toxicology screen at the time of the delivery of an infant is not in and of itself a sufficient basis for reporting child abuse or neglect but requires an indication of maternal substance abuse to lead to an assessment of the needs of the mother and child pursuant to a specified provision of law, and, if other factors are present that indicate risk to a child, a report is required to be made, as specified. Existing law requires each county to establish protocols between county health departments, county welfare departments, and public and private hospitals in the county, regarding the application and use of a needs assessment of, and a referral for, certain substance-exposed infants to a county welfare department. Existing law requires a clinic, health facility, home health agency, or hospice to prevent unlawful or unauthorized access to, and use or disclosure of, patients' medical information, as defined. Existing law authorizes a health care provider to disclose medical information to a county social worker, probation officer, foster care public health nurse, or any other person authorized to have custody or care of a minor for purposes of coordinating health care services and medical treatment. Existing law authorizes those individuals to receive medical information and protected health information, as specified. A violation of these provisions may be punished as a misdemeanor. Existing law exempts specific medical and mental health evidence from a civil proceeding, including medical-dental staff committee findings and recommendations, as specified, or that a person suffered or experienced excited delirium. This bill would prohibit the releasing, reporting, or providing of a perinatal person's or a newborn's drug test or alcohol test or screen results, or information about drug or alcohol use in a pregnant or perinatal person's or newborn's medical records or otherwise known to a medical provider, as specified. The bill would also require a licensed clinic, health facility, home health agency, or hospice to prevent unlawful or unauthorized access to, and use or disclosure of, among other information, a perinatal person's or newborn's drug test or alcohol test or screen results. This bill would prohibit the admission of those results or information in a civil proceeding. By expanding the scope of an existing crime, this bill would impose a state-mandated local program. 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 3170?
AB 3170 is sponsored by Ortega, Liz (Democratic).
What is the current status of AB 3170?
This bill died with 2023-2024 Regular Session. It reached “In Committee” 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 3170?
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