Bill Text: CA AB2452 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Advance health care directive registry.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2014-06-18 - From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD. [AB2452 Detail]

Download: California-2013-AB2452-Amended.html

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BILL NUMBER: AB 2452	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 20, 2014

INTRODUCED BY   Assembly Member  Hall   Pan


                        FEBRUARY 21, 2014

    An act to amend Section 17205 of the Probate Code,
relating to trusts.   An act to amend Sections 4800,
4801, 4802, and 4806 of, and to add Sections 4801.5 and 4807 to, the
Probate Code, and to add Section 12820 to the Vehicle Code, relating
to advance health care directives. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2452, as amended,  Hall   Pan  .
 Trusts: judicial proceedings.   Advance health
care directive registry.  
   Existing law directs the Secretary of State to establish an
Advance Health Care Directive Registry to receive and release
specified information from a person who has executed a written
advance health care directive. Existing law requires the Secretary of
State to charge a fee to each registrant in an amount such that,
when all fees charged to registrants are aggregated, the aggregated
fees do not exceed the actual cost of establishing and maintaining
the registry. Existing law provides that failure to register with the
Secretary of State does not affect the validity of an advance health
care directive.  
   This bill would require, commencing on January 1, 2016, the
Secretary of State to establish and maintain access, as specified, to
a secure portion of the Secretary of State's Internet Web site that
provides an electronic reproduction of an advance health care
directive and other specified documents submitted to the registry
system. The bill would require this access to include the ability to
view the electronic reproduction on the Internet Web site, as well as
download, print, and otherwise retrieve a copy of the electronic
reproduction. The bill would, among other things, require the
secretary to establish procedures to register, replace, and remove an
advance health care directive, as specified.  
   This bill would also require, commencing on January 1, 2016, an
application for an original or renewal driver's license or
identification card to contain a space for the applicant to authorize
the Department of Motor Vehicles to add a blue "wish" dot with a
"white caduceus symbol" to each applicant's driver license or
identification card signifying enrollment in the California Secretary
of State's Advance Health Care Directive Registry. The application
would be required to include check boxes for an applicant to mark
acceptance, if desired, of the dot.  
   Existing law authorizes a trustee or a beneficiary of a trust to
petition a court to make determinations about the trust or to
establish the existence of a trust. Existing law prescribes the
procedure governing these proceedings, which includes requiring a
petitioner to cause a copy of the petition to be mailed to parties
making this request, as specified.  
   This bill would make a nonsubstantive change in these provisions.

   Vote: majority. Appropriation: no. Fiscal committee:  no
 yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 4800 of the   Probate
Code   is amended to read: 
   4800.  (a)  (1)    The Secretary of State shall
establish a registry system through which a person who has executed a
written advance health care directive may register in a central
information center, information regarding the advance directive,
making that information available upon request to any health care
provider, the public guardian, or the legal representative of the
registrant.  A request for information pursuant to this
section shall state the need for the information.  
   (2) Commencing on January 1, 2016, the Secretary of State shall
establish and maintain access, as prescribed by this part, to a
secure portion of the Secretary of State's Internet Web site that
provides an electronic reproduction of an advance health care
directive and other documents described in subdivision (c) submitted
to the registry system. This access shall include the ability to view
the electronic reproduction on the Internet Web site, as well as
download, print, and otherwise retrieve a copy of the electronic
reproduction. 
   (b)  The   Commencing on January 1, 2016, the
 Secretary of State shall  respond  
establish a process to register an advance health care directive and
submit personal information and documents to the registry either
 by  electronic submission or submission of paper documents.
Commencing on January 1, 2016,  the  close 
 Secretary  of  business on   State
shall establish a process to merge documents in  the 
next business day   registry prior  to  January
1, 2016, with the access system established in paragraph (2) of
subdivision (a). This process shall require  a  request
for information made pursuant   person who registers an
advance health care directive  to  Section 4717 by
  submit to  the  emergency department
  secretary all  of  a general acute care
hospital.   the following:  
   (1) An application in a form prescribed by the Secretary of State.
 
   (2) A copy or electronic reproduction of the advance health care
directive.  
   (3) Any fee established by the Secretary of State pursuant to
subdivision (f).  
   (c) Information that may be received shall be limited to all of
the following regarding the registrant:  
   (1) Name.  
   (2) Social security number.  
   (3) Driver's license number, or other state issued individual
identifying number established by law, if any.  
   (4) Address.  
   (5) Date and place of birth.  
   (6) The registrant's advance health care directive.  
   (7) A values statement, questionnaire, or other document that
supplements the advance health care directive.  
   (8) Durable power of attorney form.  
   (9) A physician orders for life-sustaining treatment (POLST) form.
 
   (c) 
    (10)   Information that may be received is
limited to the registrant's name, social security number, driver's
license number, or other individual identifying number established by
law, if any, address, date and place of birth, the registrant's
advance health care directive, an   The  intended
place of deposit or safekeeping of a written advance health care
 directive,   directive  and  the
name and telephone number of the agent and  any 
alternative agent. Information that may be released upon request may
not include the registrant's social security number except when
necessary to verify the identity of the registrant.  
other document described in this subdivision.  
   (11) The name and telephone number of the agent and any
alternative agent.  
   (d) When the Secretary of State receives the items described in
subdivision (b) from a registrant, the secretary shall do all of the
following:  
   (1) Assign a registration number and password to access the
registry to the registrant.  
   (d) 
    (2)   When   Issue  the
 Secretary of State receives information from a registrant,
the secretary shall issue the  registrant an Advance Health
Care Directive Registry  identification  
registration  card indicating that an advance health care
directive, or information regarding an advance health care directive,
has been deposited with the registry.  The information on the
card shall include, but not be limited to, the registrant's name,
registration number, and password to access the registry.  Costs
associated with issuance of the card shall be offset by the fee
charged by the Secretary of State to receive and register information
at the registry. 
   (3) Make or transfer an electronic reproduction of the advance
health care directive and other documents described in subdivision
(c) and post it to the registry and, if the person consents, a
statewide health information exchange system. 
   (e) The Secretary of State, at the request of the registrant or
his or her legal representative, shall transmit the information
received regarding the written advance health care directive to the
registry system of another jurisdiction as identified by the
registrant, or his or her legal representative.
   (f) The Secretary of State shall charge a fee to each registrant
in an amount such that, when all fees charged to registrants are
aggregated, the aggregated fees do not exceed the actual cost of
establishing and maintaining the registry.
   SEC. 2.    Section 4801 of the   Probate
Code   is amended to read: 
   4801.   (a) Notwithstanding any other law, the Secretary of
State shall limit access to the registry, including a registrant's
advance health care directive, personal information, and other
documents received, to when all of the following occur:  
   (1) The assigned registration number and password are provided.
 
   (2) Access to the advance health care directive is required
pursuant to a lawful order of a court of competent jurisdiction,
requested by the registrant or the registrant's legal representative,
requested by the public guardian, or requested by a provider of
health care to the registrant only for the purpose of providing
health care to the registrant.  
   (3) The Secretary of State determines that providing access to the
advance health care directive is in the best interest of the
registrant. However, a registrant or legal representative of the
registrant may access the advance health care directive of the
registrant for any purpose.  
   The 
    (b)    The  Secretary of State shall
establish procedures to verify the identities of health care
providers, the public guardian, and other authorized persons
requesting information pursuant to Section 4800. No fee shall be
charged to any health care provider, the public guardian, or other
authorized person requesting information pursuant to Section 4800.

   (c) A request for access pursuant to this part shall state the
need for the information.  
   (d) The Secretary of State shall respond by the close of business
on the next business day to a request for information made pursuant
to Section 4717 by the emergency department of a general acute care
hospital when the request is made by means other than through the
Secretary of State's Internet Web site.  
   (e) Information that may be released upon request shall not
include the registrant's social security number except when necessary
to verify the identity of the registrant. 
   SEC. 3.    Section 4801.5 is added to the  
Probate Code   , to read:  
   4801.5.  The Secretary of State shall establish procedures for all
of the following:
   (a) The registration of an advance health care directive or other
document described in Section 4800 that replaces an advance health
care directive or other document that is posted on the registry.
   (b) The removal from the registry of an advance health care
directive or other document described in Section 4800 that has been
revoked following the revocation of the advance health care directive
or other document or the death of the registrant.
   (c) The issuance of a duplicate registration card or the provision
of other access to the registrant's registration number and password
if a registration card issued pursuant to this section is lost,
stolen, destroyed, or otherwise unavailable. 
   SEC. 4.    Section 4802 of the   Probate
Code   is amended to read: 
   4802.  The Secretary of State shall establish procedures to advise
each registrant of the following:
   (a) A health care provider may not honor a written advance health
care directive until it receives a copy from the  registrant.
  registrant or accesses the advance health care
directive from the registry. 
   (b) Each registrant must notify the registry upon revocation of
the advance  health care  directive.
   (c) Each registrant must reregister upon execution of a subsequent
advance  health care  directive.
   SEC. 5.    Section 4806 of the   Probate
Code   is amended to read: 
   4806.  (a) The Secretary of State shall work with the State
Department of  Public  Health  Services 
and the office of the Attorney General to develop information about
end of life care, advance health care directives, and registration of
the advance health care directives at the registry established
pursuant to subdivision (a) of Section 4800. This information shall
be developed utilizing existing information developed by the office
of the Attorney General.
   (b) Links to the information specified in subdivision (a) and to
the registry shall be available on the Web sites of the Secretary of
State, the State Department of  Health Services, 
 Public Health,  the  Department of Motor Vehicles, the
 office of the Attorney General, the Department of Managed
Health Care, the Department of Insurance, the Board of Registered
Nursing, and the Medical Board of California.
   SEC. 6.    Section 4807 is added to the  
Probate Code   , to read:  
   4807.  Commencing on January 1, 2016, the Secretary of State
shall, while establishing and maintaining electronic access to the
registry and to the extent practicable, consult with any entity
licensed pursuant to Division 2 (commencing with Section 1200) of the
Health and Safety Code, to integrate a process for retrieving
documents and information stored in the Advance Health Care Directive
Registry from a statewide health information exchange system. 
   SEC. 7.    Section 12820 is added to the  
Vehicle Code   , to read:  
   12820.  (a) Commencing on January 1, 2016, an application for an
original or renewal driver's license or identification card shall
contain a space for the applicant to authorize the department to add
a blue "wish" dot with a "white caduceus symbol" to each applicant's
driver license or identification card signifying enrollment in the
California Secretary of State's Advance Health Care Directive
Registry. The application shall include check boxes for an applicant
to mark either one of the following:
   (1) Yes, print a blue "WISH" dot with a "white caduceus symbol" on
my card.
   (2) No, not at this time.
   (b) The department shall inquire verbally of an applicant applying
in person for an original or renewal driver's license or
identification card at a department office as to whether the
applicant wishes to enroll in the Advance Health Care Directive
Registry. Failure or refusal to answer this question or check a box
on the application form shall not be a basis for the department to
deny an applicant a driver's license or identification card. The
department may direct the applicant to the California Secretary of
State Advance Health Care Directive Registry Program for additional
information.
   (c) The following language shall be included with the question
required by subdivision (a):
   "Marking "Yes" authorizes DMV to add a blue dot with a "white
caduceus symbol" to your license indicating enrollment in the
California Secretary of State's Advance Health Care Directive
Registry. You must enroll in the Advance Health Care Directive
Registry by contacting the California Secretary of State Registries
Program or by visiting the Internet Web site at
www.sos.ca.gov/ahcdr/. Only after DMV receives confirmation of your
enrollment in the Advance Health Care Directive Registry and receives
authorization provided on this form, may DMV add the blue dot to
your license or identification card. If you wish to remove your name
from the registry you must contact the California Secretary of State
Registries Program (see back); DMV can remove the blue dot from your
licenses but cannot remove you from the registry."  
  SECTION 1.    Section 17205 of the Probate Code is
amended to read:
   17205.  If a trustee or beneficiary has served and filed either a
notice of appearance, in person or by counsel, directed to the
petitioner or the petitioner's counsel in connection with a
particular petition and proceeding or a written request for a copy of
the petition, and has given an address to which notice or a copy of
the petition may be mailed or delivered, the petitioner shall cause a
copy of the petition to be mailed to that person not later than five
days after service of the notice of appearance or receipt of the
request.