María Elena Durazo
- Democratic
- Senator
- District 26
Author
Existing law prescribes, in accordance with federal law, the powers of the protection and advocacy agency, which is a private, nonprofit corporation, charged with protecting and advocating for the rights of persons with developmental disabilities and mental disorders. Under existing law, a protection and advocacy agency's powers include the authority to pursue legal, administrative, and other appropriate remedies to ensure the protection of the rights of persons with developmental disabilities and persons with mental illness, to provide information and referral to programs and services addressing the needs of persons with developmental disabilities and persons with mental illness, and to investigate any incident of abuse or neglect of persons with developmental disabilities or persons with mental illness if the complaints are reported to the protection and advocacy agency or if probable cause exists to believe that abuse or neglect has occurred. This bill would make various changes to the protection and advocacy agency's access to facilities, programs, and records by, among other things, authorizing the protection and advocacy agency to exercise the authority to take certain actions if the agency receives a complaint or report of alleged abuse or neglect or makes a related determination, as described. The authority would include monitoring a facility's, program's, or service provider's compliance with respect to the rights and safety of individuals with disabilities, requiring a facility, program, or service provider to provide immediate access to interview any individual with a disability unless providing immediate access would interfere with treatment or therapy to be provided to the individual, and providing the protection and advocacy agency with additional access to the records of persons with a disability. The bill would also require the protection and advocacy agency to obtain written consent from specified individuals before releasing information concerning them to a person not otherwise authorized to receive it. The bill would permit the sharing of health information and records with a protection and advocacy agency to the extent the sharing is required by law and complies with the requirements of that law.
Approved by the Governor.
Chaptered by Secretary of State. Chapter 548, Statutes of 2019.
Enrolled and presented to the Governor at 2 p.m.
Assembly amendments concurred in. (Ayes 40. Noes 0. Page 2786.) Ordered to engrossing and enrolling.
Ordered to special consent calendar.
Read third time. Passed. (Ayes 79. Noes 0. Page 3170.) Ordered to the Senate.
In Senate. Concurrence in Assembly amendments pending.
Ordered to third reading.
Read third time and amended.
From consent calendar on motion of Assembly Member Bonta.
Ordered to third reading.
Read second time. Ordered to consent calendar.
Read second time and amended. Ordered to second reading.
From committee: Do pass as amended. Ordered to consent calendar. (Ayes 12. Noes 0.) (June 25).
From committee: Do pass and re-refer to Com. on JUD. (Ayes 8. Noes 0.) (June 18). Re-referred to Com. on JUD.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 38. Noes 0. Page 1332.) Ordered to the Assembly.
Read second time. Ordered to third reading.
Read third time and amended.
Ordered to second reading.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 9. Noes 0. Page 906.) (April 30).
Set for hearing April 30.
From committee: Do pass and re-refer to Com. on JUD. (Ayes 6. Noes 0. Page 621.) (April 8). Re-referred to Com. on JUD.
Set for hearing April 8.
From printer. May be acted upon on or after March 23.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB398 | HTML |
| 02/20/19 - Introduced | |
| 05/21/19 - Amended Senate | |
| 07/01/19 - Amended Assembly | |
| 08/30/19 - Amended Assembly | |
| 09/12/19 - Enrolled | |
| 10/07/19 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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