Bill Text: CA AB861 | 2011-2012 | Regular Session | Amended

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

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Bill Title: Public Utilities Act: remedies for violation: gas and

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2012-09-23 - Chaptered by Secretary of State - Chapter 464, Statutes of 2012. [AB861 Detail]

Download: California-2011-AB861-Amended.html

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BILL NUMBER: AB 861	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 27, 2011

INTRODUCED BY   Assembly Members Hill and Nestande

                        FEBRUARY 17, 2011

   An act to add a heading as Article 1 (commencing with Section
104100) to, and to add Article 2 (commencing with Section 104141) to,
Chapter 1 of Part 1 of Division 103 of, the Health and Safety Code,
relating to stroke.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 861, as amended, Hill. California Stroke Registry.
   Existing law authorizes the State Department of Public Health to
perform studies, demonstrate innovative methods, and disseminate
information relating to the protection, preservation, and advancement
of public health.
   This bill would establish the California Stroke Registry, to be
administered by the State Department of Public Health, as specified,
to serve as a centralized repository for stroke data to promote
quality improvement for acute stroke treatment. The bill would
require that the program be implemented only to the extent funds from
federal or private sources are made available for this purpose.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) Stroke, also known as cerebrovascular accident or brain
attack, is the third leading cause of death and the leading cause of
severe, long-term disability and death in California.
   (b) Stroke kills approximately 15,585 Californians each year and
accounts for almost 200,000 hospitalizations.
   (c) The rapid identification, diagnosis, and treatment of stroke
can save the lives of stroke patients and in some cases can reverse
neurological damage, such as paralysis and speech and language
impairments, leaving stroke patients with few or no neurological
deficits.
  SEC. 2.  The heading of Article 1 (commencing with Section 104100)
is added to Chapter 1 of Part 1 of Division 103 of the Health and
Safety Code, to read:

      Article 1.  High Blood Pressure


  SEC. 3.  Article 2 (commencing with Section 104141) is added to
Chapter 1 of Part 1 of Division 103 of the Health and Safety Code, to
read:

      Article 2.  California Stroke Registry


   104141.  (a) The State Department of Public Health shall establish
a statewide California Stroke Registry. The purpose of this registry
is to serve as a centralized repository for stroke data to promote
quality improvement for acute stroke treatment. The registry shall
align with the stroke consensus metrics developed by national health
organizations such as the federal Centers for Disease Control and
Prevention, The Joint Commission, the American Heart Association, and
the American Stroke Association. The acquisition of data for the
registry shall  be by voluntary reports and  encompass all
areas of the state for which stroke data are available.
   (b) The registry shall be under the direction of the director and
housed within the California Heart Disease and Stroke Prevention
Program. The cardiovascular disease program may accept, on behalf of
the state, grants of public or private funds.
   (c) The department may contract with an agency, including, but not
limited to, a health systems agency, single county health
department,  or  multicounty health department groupings,
 or nonprofit professional associations, 
representing a designated reporting region for the purposes of
collecting and collating acute stroke data.
   (d) The department may contract, or provide grant awards, to
implement public health activities to fulfill required funding award
objectives.
   (e) In establishing  this system   the
registry  , the director shall:
   (1) Maintain a statewide stroke database that compiles information
and statistics  voluntarily reported  on stroke care. To
the extent possible, the department shall coordinate with the
organizations specified in subdivision (a) to avoid duplication and
redundancy in data collection.
   (2) Recommend that hospitals and emergency medical services
agencies report case-specific data  that is voluntarily reported
 on the treatment of individuals with suspected acute stroke to
the representative of the department authorized to compile the stroke
data, or any individual, agency, or organization designated to
cooperate with that representative.
   (3) Encourage sharing of information and data among health care
providers to improve the quality of care for stroke.
   (4) Facilitate the communication and analysis of health
information and data among the health care professionals providing
care for individuals with stroke.
   (5) Consult with the Stroke Advisory Committee  of the
American Stroke Association  regarding ways in which to
improve the quality of stroke care and delivery in California.
   (f) All information collected pursuant to this section shall be
confidential. For purposes of this section, this information shall be
referred to as "confidential information."  The department,
or its designee, shall use this information to evaluate measures
designed to improve the quality of acute stroke treatment. 
   104141.5.  (a) Persons with a valid scientific interest who are
engaged in demographic, epidemiological, or other similar studies
related to health, and who meet qualifications  as 
determined by the department, and who agree, in writing, to maintain
confidentiality, may be authorized  access to  
to access  confidential  information.  
information   for research purposes. An entity that receives
confidential information from the department shall ensure the
confidentiality of the information. The department shall provide only
information that does not identify individual cases or institutional
or individual sources of information.  Before confidential
information is disclosed for study, researchers shall do both of the
following:
   (1) Obtain approval of their committee for the protection of human
subjects established in accordance with Part 46 (commencing with
Section 46.101) of Title 45 of the Code of Federal Regulations.
   (2) Provide documentation to the department that demonstrates to
the department's satisfaction that the entity has established the
procedures and ability to maintain the confidentiality of the
information.
   (b) Notwithstanding any other law, any disclosure authorized by
this section shall include only the information necessary for the
stated purpose of the requested disclosure, used for the approved
purpose, and not be further disclosed.
   (c) The furnishing of confidential information to the department
or its authorized representative in accordance with this section
shall not expose any person, agency, or entity furnishing information
to liability, and shall not be considered a waiver of any privilege
or a violation of a confidential relationship.
   (d) The department shall maintain an accurate record of all
persons who are given access to confidential information. The record
shall include the name of the person authorizing access; name, title,
address, and organizational affiliation of persons given access;
dates of access; and the specific purpose for which information is to
be used. The record of access shall be open to public inspection
during normal operating hours of the department.
   (e) Notwithstanding any other law, no part of the confidential
information shall be available for subpoena, nor shall it be
disclosed, discoverable, or compelled to be produced in any civil,
criminal, administrative, or other proceeding, nor shall this
information be deemed admissible as evidence in any civil, criminal,
administrative, or other tribunal or court for any reason.
   (f) This section shall not prohibit the publication by the
department  of reports and statistical compilations that do
not in any way identify individual cases or  institutional or
 individual sources of information.
   (g) Notwithstanding the restrictions in this section, the
individual to whom the information pertains shall have access to his
or her own information in accordance with Chapter 1 (commencing with
Section 1798) of Title 1.8 of the Civil Code.
   104142.  For the purpose of this article, stroke means either of
the following:
   (a) Ischemic stroke, defined as an occlusion of a blood vessel
that blocks blood flow to the brain, depriving the brain of oxygen,
and resulting in brain tissue death. This definition includes
transient ischemic attacks, defined as stroke-like symptoms for less
than 24 hours.
   (b) Hemorrhagic stroke, defined as a rupture of a blood vessel,
resulting in bleeding into or around the brain.
   104142.5.  Nothing in this article shall preempt the authority of
facilities or individuals providing diagnostic or treatment services
to patients with stroke to maintain their own facility-based stroke
registries.
   104143.  This article shall not be construed as a medical practice
guideline and shall not be used to restrict the authority of a
hospital to provide services for which it has received a license
under state law.
   104143.5.  This article shall be implemented only to the extent
funds from federal or private sources are made available for this
purpose.
   104144.  All contracts with, and the utilization of, the program's
fiscal intermediary shall not be subject to Part 2 (commencing with
Section 10100) of Division 2 of the Public Contract Code.