SENIOR ASSEMBLY PROPOSAL NO. 6

INTRODUCED BY SENIOR ASSEMBLY MEMBER WEINTRAUB

LEGISLATIVE COUNSEL'S DIGEST

AP 6: MEDICAL ERROR REPORTING.

UNDER EXISTING LAW, THE DEPARTMENT OF PUBLIC HEALTH IS REQUIRED TO PROVIDE INFORMATION ABOUT REPORTED ADVERSE EVENTS AND THE OUTCOME OF INVESTIGATIONS OR INSPECTIONS AT HEALTH CARE FACILITIES ON THEIR INTERNET WEB SITE AND IN WRITTEN FORM BY JANUARY 1, 2015.

THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD REQUIRE THE DEPARTMENT TO TAKE IMMEDIATE ACTION TO PUBLISH, ON A SEMIANNUAL BASIS, INFORMATION REGARDING REPORTS OF ADVERSE EVENTS AND OUTCOMES OF INSPECTIONS AND INVESTIGATIONS ON THE DEPARTMENT’S INTERNET WEB SITE AND IN WRITTEN FORM. THIS MEASURE WOULD ALSO REQUIRE THE DEPARTMENT TO ISSUE A COMPREHENSIVE LISTING, BY COUNTY, OF ALL FACILITIES REPORTING MEDICAL ERRORS.

VOTE: MAJORITY.

AP 6: RELATING TO MEDICAL ERROR REPORTING

WHEREAS, THE CONSUMERS UNION, IN A MAY 2009 REPORT, STATES THAT ALTHOUGH 26 STATES, INCLUDING CALIFORNIA, NOW HAVE LAWS REQUIRING MEDICAL ERROR REPORTING, THE FEDERAL CENTERS FOR DISEASE CONTROL AND PREVENTION ESTIMATES THAT MORE THAN 100,000 PEOPLE STILL DIE FROM MEDICAL ERRORS ANNUALLY; AND

WHEREAS, SENATE BILL 1301 OF THE 2005-06 REGULAR SESSION OF THE CALIFORNIA LEGISLATURE (ALQUIST) WAS ENACTED IN 2006, REQUIRING HEALTH FACILITIES TO REPORT DEFINED ADVERSE EVENTS TO THE DEPARTMENT, EFFECTIVE JULY 1, 2007, AND REQUIRING THE DEPARTMENT TO MAKE INFORMATION REGARDING THESE ADVERSE EVENTS AND OUTCOMES OF INSPECTIONS AND INVESTIGATIONS ACCESSIBLE TO THE PUBLIC, EFFECTIVE JANUARY 1, 2009; AND

WHEREAS, SENATE BILL 1301 REQUIRES THE DEPARTMENT TO PROVIDE INFORMATION REGARDING REPORTS OF SUBSTANTIATED ADVERSE EVENTS AND THE OUTCOMES OF INSPECTIONS AND INVESTIGATIONS AVAILABLE ON THE DEPARTMENT’S INTERNET WEB SITE AND IN WRITTEN FORM BY JANUARY 1, 2015, IN A MANNER THAT IS ACCESSIBLE TO CONSUMERS AND THAT PROTECTS PATIENT CONFIDENTIALITY; AND

WHEREAS, WITHIN CALIFORNIA THERE HAS BEEN ESTABLISHED A MEDICAL ERROR REPORTING SYSTEM, YET THIS INFORMATION WILL NOT BE WIDELY DISSEMINATED FOR ANOTHER SIX YEARS; NOW, THEREFORE, BE IT

RESOLVED, BY THE SENIOR ASSEMBLY AND THE SENIOR SENATE, JOINTLY, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA AT ITS 2009 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT THE DEPARTMENT ADOPT IMPLEMENTING POLICIES AND TAKE IMMEDIATE ACTION TO REQUIRE THE DEPARTMENT TO SEMIANNUALLY PROVIDE INFORMATION REGARDING REPORTS, INVESTIGATIONS, AND INSPECTIONS OF MEDICAL ERRORS ON ITS WEB SITE AND IN WRITING, IN A MANNER THAT IS ACCESSIBLE AND THAT PROTECTS PATIENT CONFIDENTIALITY; AND BE IT FURTHER

RESOLVED, THAT THE DEPARTMENT ADOPT IMPLEMENTING POLICIES AND TAKE IMMEDIATE ACTION TO REQUIRE THE DEPARTMENT TO DISTRIBUTE A COMPREHENSIVE LISTING, BY COUNTY, OF ALL FACILITIES REPORTING MEDICAL ERRORS; AND BE IT FURTHER

RESOLVED, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA RESPECTFULLY MEMORIALIZES THE LEGISLATURE AND THE GOVERNOR OF THE STATE OF CALIFORNIA TO ENACT APPROPRIATE LEGISLATION THAT WOULD ADDRESS THE CONCERNS SET FORTH IN THIS MEASURE; AND BE IT FURTHER

RESOLVED, THAT A COPY OF THIS MEASURE BE TRANSMITTED TO THE SPEAKER OF THE ASSEMBLY, THE PRESIDENT PRO TEMPORE OF THE SENATE, AND THE GOVERNOR OF THE STATE OF CALIFORNIA.

RN 09 16409

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