SENIOR ASSEMBLY FEDERAL PROPOSAL NO. 17

INTRODUCED BY SENIOR ASSEMBLY MEMBER MITCHELL

(COAUTHOR: SENIOR ASSEMBLY MEMBER HUTCHERSON)

(COAUTHOR: SENIOR SENATOR THOMAS)

LEGISLATIVE COUNSEL'S DIGEST

AFP 17: HEALTH CARE PRACTITIONERS NATIONAL REGISTRY.

EXISTING STATE LAW PROVIDES FOR THE LICENSURE AND REGULATION OF HEALTH CARE PRACTITIONERS BY DIFFERENT BOARDS WITHIN THE DEPARTMENT OF CONSUMER AFFAIRS. EXISTING STATE LAW AUTHORIZES THOSE BOARDS TO DISCIPLINE A HEALTH CARE PRACTITIONER FOR A VIOLATION OF THE PROVISIONS THAT APPLY TO THAT LICENSEE. EXISTING STATE LAW DOES NOT REQUIRE HEALTH CARE PRACTITIONERS TO BE REGISTERED WITH A NATIONAL REGISTRY.

EXISTING FEDERAL LAW, THE ELDER JUSTICE ACT, COORDINATES EFFORTS TO PREVENT ELDER ABUSE ON A FEDERAL LEVEL, SUCH AS COORDINATING ACTIVITIES OF FEDERAL, STATE, LOCAL, AND PRIVATE ENTITIES RELATING TO ELDER ABUSE, NEGLECT, AND EXPLOITATION.

THIS MEASURE WOULD MEMORIALIZE THE CONGRESS AND THE PRESIDENT TO ENACT LEGISLATION THAT WOULD ESTABLISH A NATIONAL REGISTRY FOR THE REGISTRATION OF ALL HEALTH CARE PRACTITIONERS, TO BE FUNDED BY MONEYS ALLOCATED FROM THE ELDER JUSTICE ACT.

VOTE: MAJORITY.

AFP 17: RELATING TO HEALTH CARE PRACTITIONERS

WHEREAS, THE ELDER JUSTICE ACT ESTABLISHED AN ELDER JUSTICE COORDINATING COUNCIL TO MAKE RECOMMENDATIONS TO THE UNITED STATES SECRETARY OF HEALTH AND HUMAN SERVICES ON THE COORDINATION OF ACTIVITIES OF FEDERAL, STATE, LOCAL, AND PRIVATE AGENCIES AND ENTITIES RELATING TO ELDER ABUSE, NEGLECT, AND EXPLOITATION; AND

WHEREAS, STUDIES SHOW THAT UP TO 98,000 AMERICANS DIE EACH YEAR AS A CONSEQUENCE OF INJURIES CAUSED BY MEDICAL MISMANAGEMENT AND NEGLIGENT AND INCOMPETENT CARE; AND

WHEREAS, ONE IN THREE NURSING HOMES IN THE UNITED STATES IS CITED FOR ABUSE, AND THE NUMBER OF UNREPORTED CASES IS SUSPECTED TO BE WIDESPREAD AND SIGNIFICANT; AND

WHEREAS, HEALTH CARE PRACTITIONERS CAN MOVE BETWEEN STATES AND NOT DISCLOSE INCIDENTS OF MISCONDUCT, LOSS OF LICENSURE, OR DECERTIFICATION; AND

WHEREAS, THERE IS CURRENTLY NO CENTRALIZED REGISTRY WHERE THE BACKGROUND OF THESE HEALTH CARE PRACTITIONERS CAN BE DEFINITIVELY CHECKED; 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 2011 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT MONEYS FROM THE ELDER JUSTICE ACT BE ALLOCATED TO FUND THE DEVELOPMENT OF A NATIONAL, CENTRALIZED REGISTRY FOR ALL HEALTH CARE PRACTITIONERS AND CERTIFIED NURSING ASSISTANTS TO WHICH ALL PERSONS ENGAGED IN THE PRACTICE OF HEALTH CARE SHALL BE OBLIGATED TO REGISTER AND REPORT; AND BE IT FURTHER

RESOLVED, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA RESPECTFULLY MEMORIALIZES THE CONGRESS AND THE PRESIDENT 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 PRESIDENT AND VICE PRESIDENT, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, THE CHAIRPERSONS OF THE HOUSE AND SENATE COMMITTEES ON AGING, AND TO EACH SENATOR AND REPRESENTATIVE FROM CALIFORNIA IN THE CONGRESS OF THE UNITED STATES.

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