AB 858: Employment: health information technology: clinical practice guidelines: worker rights.
- Session Year: 2021-2022
- House: Assembly
- Latest Version Date: 2022-09-01
Existing law charges the Labor Commissioner with enforcement of various labor laws, including investigation of employee complaints. Existing law establishes the State Department of Public Health and sets forth its powers and duties relating to the licensure and regulation of health facilities, as defined. Existing law establishes the Department of Consumer Affairs and establishes various boards within its jurisdiction, including those charged with the licensure and regulation of practice in the various healing arts.
This bill would provide that the use of technology shall not limit a worker who is providing direct patient care from exercising independent clinical judgment in the assessment, evaluation, planning, and implementation of care, nor from acting as a patient advocate. The bill would define technology for these purposes to mean scientific hardware or software, including algorithms derived from the use of health care related data, used to achieve a medical or nursing care objective at a general acute care hospital.
This bill would authorize a worker who provides direct patient care at a general acute care hospital to override health information technology and clinical practice guidelines if, in their professional judgment and in accordance with their scope of practice, which includes receiving the approval of the patients physician or doctor of podiatric medicine, it is in the best interest of the patient to do so. The bill would require a general acute care hospital to notify all workers who provide direct patient care and, if subject to a collective bargaining agreement, their representatives, before implementing new information technology that materially affects the jobs of the workers or their patients.
This bill would prohibit a general acute care hospital employer from retaliating or otherwise discriminating against a worker providing direct patient care who requests to override health information technology and clinical practice guidelines or discusses these issues with other employees or supervisors. The bill would authorize a worker who is subject to retaliation or discrimination by a general acute care hospital employer to file a complaint with the Labor Commissioner against the general acute care hospital employer. The bill would limit the Labor Commissioners jurisdiction with regard to the complaint to retaliation or other discrimination against a worker for requesting to override, or discussing overriding, health information technology.
This bill would require a general acute care hospital to ensure that appropriate education or training be provided to workers providing direct patient care for purposes of educating or training those workers on how to utilize the new technology and to understand its limitations. The bill would require a general acute care hospital to allow workers providing direct patient care in the affected clinical areas to provide input in the implementation process for new technology impacting patient care delivery, as provided. The bill would authorize representatives of a general acute care hospitals professional practice committee to recommend certain improvements and participate, when feasible, in the implementation processes, as specified. The bill would specify that its provisions do not allow the override of any physician orders.
Existing law, the Labor Code Private Attorneys General Act of 2004 (PAGA), authorizes an aggrieved employee to bring a civil action to recover specified civil penalties that would otherwise be assessed and collected by the Labor and Workforce Development Agency on behalf of the employee and other current or former employees for the violation of certain provisions affecting employees.
This bill would exempt violations of the above provisions from PAGA, unless otherwise agreed to by an employer and a labor organization in a collective bargaining agreement.
Existing law charges the Labor Commissioner with enforcement of various labor laws, including investigation of employee complaints. Existing law establishes the State Department of Public Health and sets forth its powers and duties relating to the licensure and regulation of health facilities, as defined. Existing law establishes the Department of Consumer Affairs and establishes various boards within its jurisdiction, including those charged with the licensure and regulation of practice in the various healing arts.
This bill would provide that the use of technology shall not limit a worker who is providing direct patient care from exercising independent clinical judgment in the assessment, evaluation, planning, and implementation of care, nor from acting as a patient advocate. The bill would define technology for these purposes to mean scientific hardware or software including algorithms derived from the use of health care related data, used to achieve a medical or nursing care objective at a general acute care hospital.
This bill would authorize a worker who provides direct patient care at a general acute care hospital to override health information technology and clinical practice guidelines if, in their professional judgment, and in accordance with their scope of practice, which includes receiving the approval of the patients physician, or doctor of podiatric medicine, it is in the best interest of the patient to do so. The bill would require a general acute care hospital to notify all workers who provide direct patient care, and if subject to a collective bargaining agreement, their representatives, before implementing new information technology that materially affects the jobs of the workers or their patients.
This bill would prohibit a general acute care hospital employer from retaliating or otherwise discriminating against a worker providing direct patient care who requests to override health information technology and clinical practice guidelines or discusses these issues with other employees or supervisors. The bill would authorize a worker who is subject to retaliation or discrimination by a general acute care hospital employer to file a complaint with the Labor Commissioner against the general acute care hospital. hospital employer. The bill would limit the Labor Commissioners jurisdiction with regard to the complaint to retaliation or other discrimination against a worker for requesting to override, or discussing overriding, health information technology.
This bill would require a general acute care hospital to ensure that appropriate education or training be provided to workers providing direct patient care for purposes of educating or training those workers on how to utilize the new technology and to understand its limitations. The bill would require a general acute care hospital to allow workers providing direct patient care in the affected clinical areas to provide input in the implementation process for new technology impacting patient care delivery, as provided. The bill would authorize representatives of a general acute care hospitals professional practice committee to recommend certain improvements and participate, when feasible, in the implementation processes, as specified. The bill would specify that its provisions do not allow the override of any physician orders.
Existing law, the Labor Code Private Attorneys General Act of 2004 (PAGA), authorizes an aggrieved employee to bring a civil action to recover specified civil penalties that would otherwise be assessed and collected by the Labor and Workforce Development Agency on behalf of the employee and other current or former employees for the violation of certain provisions affecting employees.
This bill would exempt violations of the above provisions from PAGA, unless otherwise agreed to by an employer and a labor organization in a collective bargaining agreement.
Existing law charges the Labor Commissioner with enforcement of various labor laws, including investigation of employee complaints. Existing law establishes the State Department of Public Health and sets forth its powers and duties relating to the licensure and regulation of health facilities, as defined. Existing law establishes the Department of Consumer Affairs and establishes various boards within its jurisdiction, including those charged with the licensure and regulation of practice in the various healing arts.
This bill would provide that the use of technology shall not limit a worker who is providing direct patient care from exercising independent clinical judgment in the assessment, evaluation, planning, and implementation of care, nor from acting as a patient advocate. The bill would define technology for these purposes to mean scientific hardware or software including algorithms derived from the use of health care related data, used to achieve a medical or nursing care objective at a general acute care hospital.
This bill would authorize each a worker who provides direct patient care at a general acute care hospital to override health information technology and clinical practice guidelines if, in their professional judgment, and in accordance with their scope of practice, which includes receiving the approval of the patients physician, or doctor of podiatric medicine, it is in the best interest of the patient to do so. The bill would require each employer a general acute care hospital to notify all workers who provide direct patient care, and if subject to a collective bargaining agreement, their representatives, before implementing new information technology that materially affects the jobs of the workers or their patients.
This bill would prohibit an employer a general acute care hospital from retaliating or otherwise discriminating against a worker providing direct patient care who requests to override health information technology and clinical practice guidelines or discusses these issues with other employees or supervisors. The bill would authorize a worker who is subject to retaliation or discrimination by a general acute care hospital to file a complaint with the Labor Commissioner against an employer who has retaliated or discriminated against the employee. the general acute care hospital.
This bill would require each employer a general acute care hospital to ensure that appropriate education or training be provided to workers providing direct patient care for purposes of educating or training those workers on how to utilize the new technology and to understand its limitations. The bill would require a general acute care hospitals hospital to allow workers providing direct patient care in the affected clinical areas to provide input in the implementation process for new technology impacting patient care delivery, as provided. The bill would authorize representatives of a general acute care hospitals professional practice committee to recommend certain improvements and participate, when feasible, in the implementation processes, as specified. The bill would specify that its provisions do not allow the override of any physician orders.
Existing law charges the Labor Commissioner with enforcement of various labor laws, including investigation of employee complaints. Existing law establishes the State Department of Public Health and sets forth its powers and duties relating to the licensure and regulation of health facilities, as defined. Existing law establishes the Department of Consumer Affairs and establishes various boards within its jurisdiction, including those charged with the licensure and regulation of practice in the various healing arts.
This bill would provide that the use of technology shall not limit a worker who is providing direct patient care from exercising independent clinical judgment in the assessment, evaluation, planning, and implementation of care, nor from acting as a patient advocate. The bill would define technology for these purposes to mean scientific hardware or software including algorithms derived from the use of health care related data, used to achieve a medical or nursing care objective at a general acute care hospital.
This bill would authorize each worker who provides direct patient care at a general acute care hospital to override health information technology and clinical practice guidelines if, in their professional judgment, and in accordance with their scope of practice, which includes receiving the approval of the patients physician, or doctor of podriatric podiatric medicine, it is in the best interest of the patient to do so. The bill would require each employer to notify all workers who provide direct patient care, and if subject to a collective bargaining agreement, their representatives, before implementing new information technology that materially affects the jobs of the workers or their patients.
This bill would prohibit an employer from retaliating or otherwise discriminating against a worker providing direct patient care who requests to override health information technology and clinical practice guidelines or discusses these issues with other employees or supervisors. The bill would authorize a worker who is subject to retaliation to file a complaint with the Labor Commissioner against an employer who has retaliated or discriminated against the employee.
This bill would require each employer to ensure that appropriate education or training be provided to workers providing direct patient care for purposes of educating or training those workers on how to utilize the new technology and to understand its limitations. The bill would require general acute care hospitals to allow workers providing direct patient care in the affected clinical areas to provide input in the implementation process for new technology impacting patient care delivery, as provided. The bill would authorize representatives of a general acute care hospitals professional practice committee to recommend certain improvements and participate, when feasible, in the implementation processes, as specified. The bill would specify that its provisions do not allow the override of any physician orders.
Existing law charges the Labor Commissioner with enforcement of various labor laws, including investigation of employee complaints. Existing law establishes the State Department of Public Health and sets forth its powers and duties relating to the licensure and regulation of health facilities, as defined. Existing law establishes the Department of Consumer Affairs and establishes various boards within its jurisdiction, including those charged with the licensure and regulation of practice in the various healing arts.
This bill would provide that the use of technology shall not limit a worker who is providing direct patient care from exercising independent clinical judgment in the assessment, evaluation, planning, and implementation of care, nor from acting as a patient advocate. The bill would define technology for these purposes to mean scientific hardware or software including algorithms derived from the use of health care related data, used to achieve a medical or nursing care objective at a general acute care hospital.
This bill would authorize each worker who provides direct patient care at a general acute care hospital to override health information technology and clinical practice guidelines if, in their professional judgment, and in accordance with their scope of practice, which includes receiving the approval of the patients physician, or doctor of podriatric medicine, it is in the best interest of the patient to do so. The bill would require each employer to notify all workers who provide direct patient care, and if subject to a collective bargaining agreement, their representatives, before implementing new information technology that materially affects the jobs of the workers or their patients.
This bill would prohibit an employer from retaliating or otherwise discriminating against a worker providing direct patient care who requests to override health information technology and clinical practice guidelines or discusses these issues with other employees or supervisors. The bill would authorize a worker who is subject to retaliation to file a complaint with the Labor Commissioner against an employer who has retaliated or discriminated against the employee.
This bill would require each employer to ensure that appropriate education or training be provided to workers providing direct patient care for purposes of educating or training those workers on how to utilize the new technology and to understand its limitations. The bill would require general acute care hospitals to allow workers providing direct patient care in the affected clinical areas to provide input in the implementation process for new technology impacting patient care delivery, as provided. The bill would authorize representatives of a general acute care hospitals professional practice committee to recommend certain improvements and participate, when feasible, in the implementation processes, as specified. The bill would specify that its provisions do not allow the override of any physician orders.
Existing law establishes the Labor Commissioner and sets forth its powers and duties, charges the Labor Commissioner with enforcement of various labor laws, including investigation of employee complaints. Existing law establishes the State Department of Public health Health and sets forth its powers and duties relating to the licensure and regulation of health facilities, as defined. Existing law establishes the Department of Consumer Affairs and establishes various boards within its jurisdiction, including those charged with the licensure and regulation of practice in the various healing arts.
This bill would provide that the use of technology shall not limit a worker who is providing direct patient care from exercising independent clinical judgment in the assessment, evaluation, planning planning, and implementation of care, nor from acting as a patient advocate. The bill would define technology for these purposes to mean scientific hardware or software including algorithms derived from the use of health care related data, used to achieve a medical or nursing care objective at a health facility. general acute care hospital.
This bill would authorize each worker who provides direct patient care at a health facility general acute care hospital to override health information technology and clinical practice guidelines if, in their professional judgment, and in accordance with their scope of practice, which includes receiving the approval of the patients physician, it is in the best interest of the patient to do so. The bill would require each employer to notify all workers who provide direct patient care, and if subject to a collective bargaining agreement, their representatives, before implementing new information technology that materially affects the jobs of the workers or their patients.
This bill would prohibit an employer from retaliating or otherwise discriminating against a worker providing direct patient care who requests to override health information technology and clinical practice guidelines or discusses these issues with other employees or supervisors. The bill would authorize a worker who is subject to retaliation to file a complaint with the Labor Commissioner against an employer who has retaliated or discriminated against the employee.
This bill would require each employer to ensure that appropriate education or training be provided to workers providing direct patient care for purposes of educating or training those workers on how to utilize the new technology and to understand its limitations. The bill would require health facilities general acute care hospitals to consult with allow workers providing direct patient care in the affected clinical areas to provide input in the design, building, and validation implementation process for new technology impacting patient care delivery, as provided. The bill would authorize representatives of a health facilities general acute care hospitals professional practice committee to recommend certain improvements and participate participate, when feasible, in the selection, design, building, and validation implementation processes, as specified.
Existing law establishes the Labor Commissioner and sets forth its powers and duties, including investigation of employee complaints. Existing law establishes the State Department of Public health and sets forth its powers and duties relating to the licensure and regulation of health facilities, as defined. Existing law establishes the Department of Consumer Affairs and establishes various boards within its jurisdiction, including those charged with the licensure and regulation of practice in the various healing arts.
This bill would provide that the use of technology shall not limit a worker who is providing direct patient care from exercising independent clinical judgment in the assessment, evaluation, planning and implementation of care, nor from acting as a patient advocate. The bill would define technology for these purposes to mean scientific hardware or software including algorithms derived from the use of health care related data, used to achieve a medical or nursing care objective at a health facility.
This bill would authorize each worker who provides direct patient care at a health facility to be free to override health information technology and clinical practice guidelines if, in their professional judgment, and in accordance with their scope of practice, practice, which includes receiving the approval of the patients physician, it is in the best interest of the patient to do so. The bill would require each employer to notify all workers who provide direct patient care, and if subject to a collective bargaining agreement, their representatives, before implementing new information technology that materially affects the jobs of the workers or their patients.
This bill would prohibit an employer from retaliating or otherwise discriminating against a worker providing direct patient care who requests to override health information technology and clinical practice guidelines or discusses these issues with other employees or supervisors. The bill would authorize a worker who is subject to retaliation to file a complaint with the Labor Commissioner against an employer who has retaliated or discriminated against the employee.
This bill would require each employer to ensure that appropriate education or training be provided to workers providing direct patient care for purposes of educating or training those workers on how to utilize the new technology and to understand its limitations. The bill would require health facilities to provide opportunities for consult with workers providing direct patient care in the affected clinical areas to participate in the design, building, and validation process for new technology impacting patient care delivery consistent with certain criteria, delivery, as provided. The bill would authorize representatives of a health facilities professional practice committee to recommend certain improvements and participate in the selection, design, building, and validation processes, as specified.
Existing law establishes the Labor Commissioner and sets forth its powers and duties, including investigation of employee complaints. Existing law establishes the State Department of Public health and sets forth its powers and duties relating to the licensure and regulation of health facilities, as defined. Existing law establishes the Department of Consumer Affairs and establishes various boards within its jurisdiction, including those charged with the licensure and regulation of practice in the various healing arts.
This bill would provide that the use of technology shall not limit a worker who is providing direct patient care from exercising independent clinical judgment in the assessment, evaluation, planning and implementation of care, nor from acting as a patient advocate. The bill would define technology for these purposes to mean scientific hardware or software including algorithms derived from the use of health care related data, used to achieve a medical or nursing care objective at a health facility.
This bill would authorize each worker who provides direct patient care at a health facility to be free to override health information technology and clinical practice guidelines if, in their professional judgment, and in accordance with their scope of practice, it is in the best interest of the patient to do so. The bill would require each employer to notify all workers who provide direct patient care, and if subject to a collective bargaining agreement, their representatives, before implementing new information technology that materially affects the jobs of the workers or their patients.
This bill would prohibit an employer from retaliating or otherwise discriminating against a worker providing direct patient care who requests to override health information technology and clinical practice guidelines or discusses these issues with other employees or supervisors. The bill would authorize a worker who is subject to retaliation to file a complaint with the Labor Commissioner against an employer who has retaliated or discriminated against the employee.
This bill would require each employer to ensure that appropriate education or training be provided to workers providing direct patient care for purposes of educating or training those workers on how to utilize the new technology and to understand its limitations. The bill would require health facilities to provide opportunities for workers providing direct patient care in the affected clinical areas to participate in the design, building, and validation process for new technology impacting patient care delivery consistent with certain criteria, as provided.
(a)It is the intent of the Legislature that health information technology, clinical practice guidelines, or algorithms shall not limit the effective exercise of, or be a substitute for, the professional judgment of workers providing direct patient care. This is crucial to protect millions of patients safety in interacting with a deeply flawed medical technological system, that among many issues, has shown their commercial algorithms exhibit significant racial bias.
(b)It is also the intent of the Legislature that new technology will continue to permit the exercise of professional clinical judgment in providing patient care and patient advocacy by workers providing direct patient care. Clinical technology is intended to complement, not diminish, skills, judgment, and decisionmaking. Professional judgment, not algorithms, shall determine the care needed by patient populations or individuals.
SEC. 2.Article 2.7 (commencing with Section 2820) is added to Chapter 2 of Division 3 of the Labor Code, to read:2.7.Health Information Technology: General Acute Care Hospital Worker Rights2820.(a)For purposes of this article, technology means scientific hardware or software including algorithms derived from the use of health care-related data, used to achieve a medical or nursing care objective at a general acute care hospital, as defined in Section 1250 of the Health and Safety Code.
(b)Notwithstanding any law, use of technology shall not limit a worker who is providing direct patient care from exercising independent clinical judgment in assessment, evaluation, planning, and implementation of care, nor from acting as a patient advocate.
(c)A worker who provides direct patient care at a general acute care hospital may override health information technology and clinical practice guidelines if, in their professional judgment, and in accordance with their scope of practice, which includes receiving the approval of the patients physician, or doctor of podiatric medicine, it is in the best interest of the patient to do so.
(d)A general acute care hospital employer shall not retaliate or otherwise discriminate against a worker providing direct patient care who requests to override, or who discusses with other employees or supervisors about overriding, health information technology and clinical practice guidelines. A worker who is subject to retaliation or discrimination by a general acute care hospital employer has the right under this article to file a complaint with the Labor Commissioner against the general acute care hospital employer. The Labor Commissioners jurisdiction with regard to the complaint is limited to retaliation or other discrimination against a worker for requesting to override, or discussing overriding, health information technology, and in no case is the Labor Commissioner authorized to adjudicate claims alleging that a worker suffered retaliation or other discrimination related to taking action to override such technology.
(e)A general acute care hospital shall notify all workers who provide direct patient care and, if subject to a collective bargaining agreement, their representatives prior to implementing new information technology that materially affects the job of the workers or their patients.
(f)(1)A general acute care hospital shall ensure that appropriate education or training is provided to its workers that provide direct patient care for purposes of educating or training those workers on how to utilize the new technology and to understand its limitations.
(2)The workers patient care assignment shall be taken into consideration when determining the appropriate method for training on new technology.
(g)(1)A general acute care hospital shall allow workers who provide direct patient care in the affected clinical areas to provide input in the implementation processes for new technology impacting patient care delivery.
(2)Representatives of a general acute care hospitals professional practice committee may recommend measures to improve the delivery of safe, therapeutic, equitable, and effective care in conjunction with the use of new technology. Representatives of a general acute care hospitals professional practice committee may participate, when feasible, in the implementation processes whenever new technology affecting the delivery of medical or nursing care is being considered.
(3)When sharing technology in the design, building, and validation process for new technology pursuant to this subdivision, a general acute care hospital shall protect patients private medical information in accordance with the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191), known as HIPAA, and all other applicable privacy laws.
(h)This section shall not be construed to limit a medical staffs right to establish, in medical staff bylaws, rules, or regulations, clinical criteria and standards to oversee and manage quality assurance, utilization review, and other medical staff activities pursuant to existing law.
(i)This section is not intended to prevent hospitals from directing staff to follow nationally recognized quality improvement guidelines or standards of care, including, but not limited to, those used or endorsed by the National Committee for Quality Assurance, the National Quality Forum, the Physician Consortium for Performance Improvement, the Agency for Healthcare Research and Quality, or other organizations recognized or used by the federal Centers for Medicare and Medicaid Services or a department or agency of the State of California or any other commonly accepted standard or guideline for improving consumer health and patient outcomes, unless it is in the patients best interest to depart from these guidelines.
(j)This section does not allow the override of any physician orders.
(k)Unless otherwise agreed to by an employer and a labor organization in a collective bargaining agreement, the Labor Code Private Attorneys General Act of 2004 (Part 13 (commencing with Section 2698) of Division 2) shall not apply to violations of this section.
(a)It is the intent of the Legislature that health information technology, clinical practice guidelines, or algorithms shall not limit the effective exercise of, or be a substitute for, the professional judgment of workers providing direct patient care. This is crucial to protect millions of patients safety in interacting with a deeply flawed medical technological system, that among many issues, has shown their commercial algorithms exhibit significant racial bias.
(b)It is also the intent of the Legislature that new technology will continue to permit the exercise of professional clinical judgment in providing patient care and patient advocacy by workers providing direct patient care. Clinical technology is intended to complement, not diminish, skills, judgment, and decisionmaking. Professional judgment, not algorithms, shall determine the care needed by patient populations or individuals.
SEC. 2.Article 2.7 (commencing with Section 2820) is added to Chapter 2 of Division 3 of the Labor Code, to read:2.7.Health Information Technology: General Acute Care Hospital Worker Rights2820.(a)For purposes of this article, technology means scientific hardware or software including algorithms derived from the use of health care-related data, used to achieve a medical or nursing care objective at a general acute care hospital, as defined in Section 1250 of the Health and Safety Code.
(b)Notwithstanding any law, use of technology shall not limit a worker who is providing direct patient care from exercising independent clinical judgment in assessment, evaluation, planning, and implementation of care, nor from acting as a patient advocate.
(c)A worker who provides direct patient care at a general acute care hospital may override health information technology and clinical practice guidelines if, in their professional judgment, and in accordance with their scope of practice, which includes receiving the approval of the patients physician, or doctor of podiatric medicine, it is in the best interest of the patient to do so.
(d)A general acute care hospital employer shall not retaliate or otherwise discriminate against a worker providing direct patient care who requests to override, or who discusses with other employees or supervisors about overriding, health information technology and clinical practice guidelines. A worker who is subject to retaliation or discrimination by a general acute care hospital employer has the right under this article to file a complaint with the Labor Commissioner against the general acute care hospital. hospital employer. The Labor Commissioners jurisdiction with regard to the complaint is limited to retaliation or other discrimination against a worker for requesting to override, or discussing overriding, health information technology, and in no case is the Labor Commissioner authorized to adjudicate claims alleging that a worker suffered retaliation or other discrimination related to taking action to override such technology.
(e)A general acute care hospital shall notify all workers who provide direct patient care and, if subject to a collective bargaining agreement, their representatives prior to implementing new information technology that materially affects the job of the workers or their patients.
(f)(1)A general acute care hospital shall ensure that appropriate education or training is provided to its workers that provide direct patient care for purposes of educating or training those workers on how to utilize the new technology and to understand its limitations.
(2)The workers patient care assignment shall be taken into consideration when determining the appropriate method for training on new technology.
(g)(1)A general acute care hospital shall allow workers who provide direct patient care in the affected clinical areas to provide input in the implementation processes for new technology impacting patient care delivery.
(2)Representatives of a general acute care hospitals professional practice committee may recommend measures to improve the delivery of safe, therapeutic, equitable, and effective care in conjunction with the use of new technology. Representatives of a general acute care hospitals professional practice committee may participate, when feasible, in the implementation processes whenever new technology affecting the delivery of medical or nursing care is being considered.
(3)When sharing technology in the design, building, and validation process for new technology pursuant to this subdivision, a general acute care hospital shall protect patients private medical information in accordance with the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191), known as HIPAA, and all other applicable privacy laws.
(h)This section shall not be construed to limit a medical staffs right to establish, in medical staff bylaws, rules, or regulations, clinical criteria and standards to oversee and manage quality assurance, utilization review, and other medical staff activities pursuant to existing law.
(i)This section is not intended to prevent hospitals from directing staff to follow nationally recognized quality improvement guidelines or standards of care, including, but not limited to, those used or endorsed by the National Committee for Quality Assurance, the National Quality Forum, the Physician Consortium for Performance Improvement, the Agency for Healthcare Research and Quality, or other organizations recognized or used by the federal Centers for Medicare or and Medicaid Services or a department or agency of the State of California or any other commonly accepted standard or guideline for improving consumer health and patient outcomes, unless it is in the patients best interest to depart from these guidelines.
(j)This section does not allow the override of any physician orders.
(k)Unless otherwise agreed to by an employer and a labor organization in a collective bargaining agreement, the Labor Code Private Attorneys General Act of 2004 (Part 13 (commencing with Section 2698) of Division 2) shall not apply to violations of this section.
(a)It is the intent of the Legislature that health information technology, clinical practice guidelines, or algorithms shall not limit the effective exercise of, or be a substitute for, the professional judgment of workers providing direct patient care. This is crucial to protect millions of patients safety in interacting with a deeply flawed medical technological system, that among many issues, has shown their commercial algorithms exhibit significant racial bias.
(b)It is also the intent of the Legislature that new technology will continue to permit the exercise of professional clinical judgment in providing patient care and patient advocacy by workers providing direct patient care. Clinical technology is intended to complement, not diminish, skills, judgment, and decisionmaking. Professional judgment, not algorithms, shall determine the care needed by patient populations or individuals.
SEC. 2.Article 2.7 (commencing with Section 2820) is added to Chapter 2 of Division 3 of the Labor Code, to read:2.7.Health Information Technology: General Acute Care Hospital Worker Rights2820.(a)For purposes of this article, technology means scientific hardware or software including algorithms derived from the use of health care-related data, used to achieve a medical or nursing care objective at a general acute care hospital, as defined in Section 1250 of the Health and Safety Code.
(b)Notwithstanding any law, use of technology shall not limit a worker who is providing direct patient care from exercising independent clinical judgment in assessment, evaluation, planning, and implementation of care, nor from acting as a patient advocate.
(c)Each A worker who provides direct patient care at a general acute care hospital may override health information technology and clinical practice guidelines if, in their professional judgment, and in accordance with their scope of practice, which includes receiving the approval of the patients physician, or doctor of podiatric medicine, it is in the best interest of the patient to do so.
(d)An employer A general acute care hospital shall not retaliate or otherwise discriminate against a worker providing direct patient care who requests to override, or who discusses with other employees or supervisors about overriding, health information technology and clinical practice guidelines. A worker who is subject to retaliation or discrimination by a general acute care hospital has the right under this article to file a complaint with the Labor Commissioner against an employer who retaliates or discriminates against the employee. the general acute care hospital.
(e)Each employer A general acute care hospital shall notify all workers who provide direct patient care and, if subject to a collective bargaining agreement, their representatives prior to implementing new information technology that materially affects the job of the workers or their patients.
(f)(1)Each employer A general acute care hospital shall ensure that appropriate education or training is provided to its workers that provide direct patient care for purposes of educating or training those workers on how to utilize the new technology and to understand its limitations.
(2)The workers patient care assignment shall be taken into consideration when determining the appropriate method for training on new technology.
(g)(1)General A general acute care hospitals hospital shall allow workers who provide direct patient care in the affected clinical areas to provide input in the implementation processes for new technology impacting patient care delivery.
(2)Representatives of a general acute care hospitals professional practice committee may recommend measures to improve the delivery of safe, therapeutic, equitable, and effective care in conjunction with the use of new technology. Representatives of a general acute care hospitals professional practice committee may participate, when feasible, in the implementation processes whenever new technology affecting the delivery of medical or nursing care is being considered.
(3)When sharing technology in the design, building, and validation process for new technology pursuant to this subdivision, employers a general acute care hospital shall protect patients private medical information in accordance with the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191), known as HIPAA, and all other applicable privacy laws.
(h)This section shall not be construed to limit a medical staffs right to establish, in medical staff bylaws, rules, or regulations, clinical criteria and standards to oversee and manage quality assurance, utilization review, and other medical staff activities pursuant to existing law.
(i)This section is not intended to prevent hospitals from directing staff to follow nationally recognized quality improvement guidelines or standards of care, including, but not limited to, those used or endorsed by the National Committee for Quality Assurance, the National Quality Forum, the Physician Consortium for Performance Improvement, the Agency for Healthcare Research and Quality, or other organizations recognized or used by the federal Centers for Medicare or Medicaid Services or a department or agency of the State of California or any other commonly accepted standard or guideline for improving consumer health and patient outcomes, unless it is in the patients best interest to depart from these guidelines.
(i)
(j)This section does not allow the override of any physician orders.
(a)It is the intent of the Legislature that health information technology, clinical practice guidelines, or algorithms shall not limit the effective exercise of, or be a substitute for, the professional judgment of workers providing direct patient care. This is crucial to protect millions of patients safety in interacting with a deeply flawed medical technological system, that among many issues, has shown their commercial algorithms exhibit significant racial bias.
(b)It is also the intent of the Legislature that new technology will continue to permit the exercise of professional clinical judgment in providing patient care and patient advocacy by workers providing direct patient care. Clinical technology is intended to complement, not diminish, skills, judgment, and decisionmaking. Professional judgment, not algorithms, shall determine the care needed by patient populations or individuals.
SEC. 2.Article 2.7 (commencing with Section 2820) is added to Chapter 2 of Division 3 of the Labor Code, to read:2.7.Health Information Technology: Worker Rights2820.(a)For purposes of this article, technology means scientific hardware or software including algorithms derived from the use of health care-related data, used to achieve a medical or nursing care objective at a general acute care hospital, as defined in Section 1250 of the Health and Safety Code.
(b)Notwithstanding any law, use of technology shall not limit a worker who is providing direct patient care from exercising independent clinical judgment in assessment, evaluation, planning, and implementation of care, nor from acting as a patient advocate.
(c)Each worker who provides direct patient care at a general acute care hospital may override health information technology and clinical practice guidelines if, in their professional judgment, and in accordance with their scope of practice, which includes receiving the approval of the patients physician, or doctor of podriatric podiatric medicine, it is in the best interest of the patient to do so.
(d)An employer shall not retaliate or otherwise discriminate against a worker providing direct patient care who requests to override, or who discusses with other employees or supervisors about overriding, health information technology and clinical practice guidelines. A worker who is subject to retaliation or discrimination has the right under this article to file a complaint with the Labor Commissioner against an employer who retaliates or discriminates against the employee.
(e)Each employer shall notify all workers who provide direct patient care and, if subject to a collective bargaining agreement, their representatives prior to implementing new information technology that materially affects the job of the workers or their patients.
(f)(1)Each employer shall ensure that appropriate education or training is provided to its workers that provide direct patient care for purposes of educating or training those workers on how to utilize the new technology and to understand its limitations.
(2)The workers patient care assignment shall be taken into consideration when determining the appropriate method for training on new technology.
(g)(1)General acute care hospitals shall allow workers who provide direct patient care in the affected clinical areas to provide input in the implementation processes for new technology impacting patient care delivery.
(2)Representatives of a general acute care hospitals professional practice committee may recommend measures to improve the delivery of safe, therapeutic, equitable, and effective care in conjunction with the use of new technology. Representatives of a general acute care hospitals professional practice committee may participate, when feasible, in the implementation processes whenever new technology affecting the delivery of medical or nursing care is being considered.
(3)When sharing technology in the design, building, and validation process for new technology pursuant to this subdivision, employers shall protect patients private medical information in accordance with the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191), known as HIPAA, and all other applicable privacy laws.
(h)This section shall not be construed to limit a medical staffs right to establish, in medical staff bylaws, rules, or regulations, clinical criteria and standards to oversee and manage quality assurance, utilization review, and other medical staff activities pursuant to existing law.
(i)This section does not allow the override of any physician orders.
(a)It is the intent of the Legislature that health information technology, clinical practice guidelines, or algorithms shall not limit the effective exercise of, or be a substitute for, the professional judgment of workers providing direct patient care. This is crucial to protect millions of patients safety in interacting with a deeply flawed medical technological system, that among many issues, has shown their commercial algorithms exhibit significant racial bias.
(b)It is also the intent of the Legislature that new technology will continue to permit the exercise of professional clinical judgment in providing patient care and patient advocacy by workers providing direct patient care. Clinical technology is intended to complement, not diminish, skills, judgment, and decisionmaking. Professional judgment, not algorithms, shall determine the care needed by patient populations or individuals.
SEC. 2.Article 2.7 (commencing with Section 2820) is added to Chapter 2 of Division 3 of the Labor Code, to read:2.7.Health Information Technology: Worker Rights2820.(a)For purposes of this article, technology means scientific hardware or software including algorithms derived from the use of health care-related data, used to achieve a medical or nursing care objective at a general acute care hospital, as defined in Section 1250 of the Health and Safety Code.
(b)Notwithstanding any law, use of technology shall not limit a worker who is providing direct patient care from exercising independent clinical judgment in assessment, evaluation, planning, and implementation of care, nor from acting as a patient advocate.
(c)Each worker who provides direct patient care at a general acute care hospital may override health information technology and clinical practice guidelines if, in their professional judgment, and in accordance with their scope of practice, which includes receiving the approval of the patients physician, or doctor of podriatric medicine, it is in the best interest of the patient to do so.
(d)An employer shall not retaliate or otherwise discriminate against a worker providing direct patient care who requests to override, or who discusses with other employees or supervisors about overriding, health information technology and clinical practice guidelines. A worker who is subject to retaliation or discrimination has the right under this article to file a complaint with the Labor Commissioner against an employer who retaliates or discriminates against the employee.
(e)Each employer shall notify all workers who provide direct patient care and, if subject to a collective bargaining agreement, their representatives prior to implementing new information technology that materially affects the job of the workers or their patients.
(f)(1)Each employer shall ensure that appropriate education or training is provided to its workers that provide direct patient care for purposes of educating or training those workers on how to utilize the new technology and to understand its limitations.
(2)The workers patient care assignment shall be taken into consideration when determining the appropriate method for training on new technology.
(g)(1)General acute care hospitals shall allow workers who provide direct patient care in the affected clinical areas to provide input in the implementation processes for new technology impacting patient care delivery.
(2)Representatives of a general acute care hospitals professional practice committee may recommend measures to improve the delivery of safe, therapeutic, equitable, and effective care in conjunction with the use of new technology. Representatives of a general acute care hospitals professional practice committee may participate, when feasible, in the implementation processes whenever new technology affecting the delivery of medical or nursing care is being considered.
(3)When sharing technology in the design, building, and validation process for new technology pursuant to this subdivision, employers shall protect patients private medical information in accordance with the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191), known as HIPAA, and all other applicable privacy laws.
(h)This section shall not be construed to limit a medical staffs right to establish, in medical staff bylaws, rules, or regulations, clinical criteria and standards to oversee and manage quality assurance, utilization review, and other medical staff activities pursuant to existing law.
(i)This section does not allow the override of any physician orders.
(a)It is the intent of the Legislature that health information technology, clinical practice guidelines, or algorithms shall not limit the effective exercise of, or be a substitute for, the professional judgment of workers providing direct patient care. This is crucial to protect millions of patients safety in interacting with a deeply flawed medical technological system, that among many issues, has shown their commercial algorithms exhibit significant racial bias.
(b)It is also the intent of the Legislature that new technology will continue to permit the exercise of professional clinical judgment in providing patient care and patient advocacy by workers providing direct patient care. Clinical technology is intended to complement, not diminish, skills, judgment, and decisionmaking. Professional judgment, not algorithms, shall determine the care needed by patient populations or individuals.
SEC. 2.Article 2.7 (commencing with Section 2820) is added to Chapter 2 of Division 3 of the Labor Code, to read:2.7.Health Information Technology: Worker Rights2820.(a)For purposes of this article, technology means scientific hardware or software including algorithms derived from the use of health care-related data, used to achieve a medical or nursing care objective at a health facility. general acute care hospital, as defined in Section 1250 of the Health and Safety Code.
(b)Notwithstanding any law, use of technology shall not limit a worker who is providing direct patient care from exercising independent clinical judgment in assessment, evaluation, planning planning, and implementation of care, nor from acting as a patient advocate.
(c)Each worker who provides direct patient care at a general acute care hospital may override health information technology and clinical practice guidelines if, in their professional judgment, and in accordance with their scope of practice, which includes receiving the approval of the patients physician, it is in the best interest of the patient to do so.
(d)An employer shall not retaliate or otherwise discriminate against a worker providing direct patient care who requests to override, or who discusses with other employees or supervisors about overriding, health information technology and clinical practice guidelines. A worker who is subject to retaliation or discrimination has the right under this article to file a complaint with the Labor Commissioner against an employer who retaliates or discriminates against the employee.
(e)Each employer shall notify all workers who provide direct patient care and, if subject to a collective bargaining agreement, their representatives prior to implementing new information technology that materially affects the job of the workers or their patients.
(f)(1)Each employer shall ensure that appropriate education or training is provided to its workers that provide direct patient care for purposes of educating or training those workers on how to utilize the new technology and to understand its limitations.
(2)The workers patient care assignment shall be taken into consideration when determining the appropriate method for training on new technology.
(g)(1)Health facilities General acute care hospitals shall consult with allow workers who provide direct patient care in the affected clinical areas to provide input in the design, building, and validation process implementation processes for new technology impacting patient care delivery.
(2)Representatives of a health facilities general acute care hospitals professional practice committee may recommend measures to improve the delivery of safe, therapeutic, equitable, and effective care in conjunction with the use of new technology. Representatives of a health facilities general acute care hospitals professional practice committee may participate participate, when feasible, in the selection, design, building, and validation implementation processes whenever new technology affecting the delivery of medical or nursing care is being considered.
(3)When sharing technology in the design, building, and validation process for new technology pursuant to this subdivision, employers shall protect patients patients private medical information in accordance with the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191), known as HIPAA, and all other applicable privacy laws.
(h)This section shall not be construed to limit a medical staffs right to establish, in medical staff bylaws, rules, or regulations, clinical criteria and standards to oversee and manage quality assurance, utilization review, and other medical staff activities pursuant to existing law.
(a)It is the intent of the Legislature that health information technology, clinical practice guidelines, or algorithms shall not limit the effective exercise of, or be a substitute for, the professional judgment of workers providing direct patient care. This is crucial to protect millions of patients safety in interacting with a deeply flawed medical technological system, that among many issues, has shown their commercial algorithms exhibit significant racial bias.
(b)It is also the intent of the Legislature that new technology will continue to permit the exercise of professional clinical judgment in providing patient care and patient advocacy by workers providing direct patient care. Clinical technology is intended to complement, not diminish, skills, judgment, and decisionmaking. Professional judgment, not algorithms, shall determine the care needed by patient populations or individuals.
SEC. 2.Article 2.7 (commencing with Section 2820) is added to Chapter 2 of Division 3 of the Labor Code, to read:2.7.Health Information Technology: Worker Rights2820.(a)For purposes of this article, technology means scientific hardware or software including algorithms derived from the use of health care-related data, used to achieve a medical or nursing care objective at a health facility.
(b)Notwithstanding any law, use of technology shall not limit a worker who is providing direct patient care from exercising independent clinical judgment in assessment, evaluation, planning and implementation of care, nor from acting as a patient advocate. New technology shall not be used to replace the workers role in delivery of care to patients.
(c)Each worker who provides direct patient care shall be free to may override health information technology and clinical practice guidelines if, in their professional judgment, and in accordance with their scope of practice, practice, which includes receiving the approval of the patients physician, it is in the best interest of the patient to do so.
(d)An employer shall not retaliate or otherwise discriminate against a worker providing direct patient care who requests to override, or who discusses with other employees or supervisors about overriding, health information technology and clinical practice guidelines. A worker who is subject to retaliation or discrimination has the right under this article to file a complaint with the Labor Commissioner against an employer who retaliates or discriminates against the employee.
(e)Each employer shall notify all workers who provide direct patient care and, if subject to a collective bargaining agreement, their representatives prior to implementing new information technology that materially affects the job of the workers or their patients.
(f)(1)Each employer shall ensure that appropriate education or training is provided to its workers that provide direct patient care for purposes of educating or training those workers on how to utilize the new technology and to understand its limitations.
(2)The workers patient care assignment shall be taken into consideration when determining the appropriate method for training on new technology.
(g)(1)Health facilities shall provide opportunities for consult with workers providing who provide direct patient care in the affected clinical areas to participate in the design, building, and validation process for new technology impacting patient care delivery, consistent with the following: delivery.
(1)(2)Representatives of a health facilities professional practice committee shall be entitled to may recommend measures to improve the delivery of safe, therapeutic, equitable, and effective care in conjunction with the use of new technology. Representatives of a health facilities professional practice committee shall also be entitled to may participate in the selection, design, building, and validation processes whenever new technology affecting the delivery of medical or nursing care is being considered.
(2)(3)When sharing technology, technology in the design, building, and validation process for new technology pursuant to this subdivision, employers shall protect patients private medical information in accordance with the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191), known as HIPAA, and all other applicable privacy laws.
(h)This section shall not be construed to limit a medical staffs right to establish, in medical staff bylaws, rules, or regulations, clinical criteria and standards to oversee and manage quality assurance, utilization review, and other medical staff activities pursuant to existing law.
(a)It is the intent of the Legislature that health information technology, clinical practice guidelines, or algorithms shall not limit the effective exercise of, or be a substitute for, the professional judgment of workers providing direct patient care. This is crucial to protect millions of patients safety in interacting with a deeply flawed medical technological system, that among many issues, has shown their commercial algorithms exhibit significant racial bias.
(b)It is also the intent of the Legislature that new technology will continue to permit the exercise of professional clinical judgment in providing patient care and patient advocacy by workers providing direct patient care. Clinical technology is intended to complement, not diminish, skills, judgment, and decisionmaking. Professional judgment, not algorithms, shall determine the care needed by patient populations or individuals.
SEC. 2.Article 2.7 (commencing with Section 2820) is added to Chapter 2 of Division 3 of the Labor Code, to read:2.7.Health Information Technology: Worker Rights2820.(a)For purposes of this article, technology means scientific hardware or software including algorithms derived from the use of health care-related data, used to achieve a medical or nursing care objective at a health facility.
(b)Notwithstanding any law, use of technology shall not limit a worker who is providing direct patient care from exercising independent clinical judgment in assessment, evaluation, planning and implementation of care, nor from acting as a patient advocate. New technology shall not be used to replace the workers role in delivery of care to patients.
(c)Each worker who provides direct patient care shall be free to override health information technology and clinical practice guidelines if, in their professional judgment, and in accordance with their scope of practice, it is in the best interest of the patient to do so.
(d)An employer shall not retaliate or otherwise discriminate against a worker providing direct patient care who requests to override, or who discusses with other employees or supervisors about overriding, health information technology and clinical practice guidelines. A worker who is subject to retaliation or discrimination has the right under this article to file a complaint with the Labor Commissioner against an employer who retaliates or discriminates against the employee.
(e)Each employer shall notify all workers who provide direct patient care and, if subject to a collective bargaining agreement, their representatives prior to implementing new information technology that materially affects the job of the workers or their patients.
(f)(1)Each employer shall ensure that appropriate education or training is provided to its workers that provide direct patient care for purposes of educating or training those workers on how to utilize the new technology and to understand its limitations.
(2)The workers patient care assignment shall be taken into consideration when determining the appropriate method for training on new technology.
(g)Health facilities shall provide opportunities for workers providing direct patient care in the affected clinical areas to participate in the design, building, and validation process for new technology impacting patient care delivery, consistent with the following:
(1)Representatives of a health facilities professional practice committee shall be entitled to recommend measures to improve the delivery of safe, therapeutic, equitable, and effective care in conjunction with the use of new technology. Representatives of a health facilities professional practice committee shall also be entitled to participate in the selection, design, building, and validation processes whenever new technology affecting the delivery of medical or nursing care is being considered.
(2)When sharing technology, employers shall protect patients private medical information in accordance with the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191), known as HIPAA, and all other applicable privacy laws.
|
Date
|
Status
|
|---|---|
| Sep 23, 2022 | Vetoed by Governor. |
| Sep 7, 2022 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 30, 2022 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 58. Noes 16.). |
| Aug 29, 2022 | In Assembly. Concurrence in Senate amendments pending. |
| Aug 29, 2022 | Read third time. Passed. Ordered to the Assembly. (Ayes 29. Noes 9. Page 5187.). |
| Aug 23, 2022 | Read second time. Ordered to third reading. |
| Aug 22, 2022 | From inactive file. |
| Sep 8, 2021 | Ordered to inactive file at the request of Senator Durazo. |
| Aug 26, 2021 | From committee: Do pass. (Ayes 5. Noes 2.) (August 26). |
| Aug 16, 2021 | In committee: Referred to suspense file. |
| Jul 15, 2021 | Read second time and amended. Re-referred to Com. on APPR. |
| Jul 14, 2021 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 1.) (July 14). |
| Jul 6, 2021 | From committee: Do pass and re-refer to Com. on HEALTH. (Ayes 4. Noes 1.) (July 5). Re-referred to Com. on HEALTH. |
| Jun 29, 2021 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on L., P.E. & R. |
| Jun 21, 2021 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on L., P.E. & R. |
| Jun 16, 2021 | Referred to Coms. on L., P.E. & R. and HEALTH. |
| Jun 3, 2021 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Jun 2, 2021 | Read third time. Passed. Ordered to the Senate. (Ayes 52. Noes 15. Page 1847.) |
| May 25, 2021 | Read second time. Ordered to third reading. |
| May 24, 2021 | Read second time and amended. Ordered returned to second reading. |
| May 20, 2021 | From committee: Amend, and do pass as amended. (Ayes 12. Noes 3.) (May 20). |
| May 12, 2021 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| May 3, 2021 | Re-referred to Com. on APPR. |
| Apr 29, 2021 | Read second time and amended. |
| Apr 28, 2021 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 12. Noes 1.) (April 27). |
| Apr 8, 2021 | From committee: Do pass and re-refer to Com. on HEALTH. (Ayes 6. Noes 1.) (April 8). Re-referred to Com. on HEALTH. |
| Feb 25, 2021 | Referred to Coms. on L. & E. and HEALTH. |
| Feb 18, 2021 | From printer. May be heard in committee March 20. |
| Feb 17, 2021 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 30, 2022 | AB 858 Jones-Sawyer Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 29, 2022 | Assembly 3rd Reading AB858 Jones-Sawyer et al. By Durazo | Senate Floor |
Passed |
|
| Jun 2, 2021 | AB 858 Jones-Sawyer Assembly Third Reading | Assembly Floor |
Passed |
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Positions by individuals are not included.
Bill Author
Bill Co-Author(s):