- The ARC - California Edition -

Prevention-Oriented Legislation During the 1997 session

AB38 Maternity: Length of Stay
Over the years there have been a number of administrative measures taken to alter the length of stay within the hospital for women and infants following the birth of a child.

In the past, parents were often put under pressure to lengthen the time the new mother and infant were to stay in the hospital. Recently there have been a number of documented examples where health care insurers mandated that inpatient hospital care be reduced to as little as 8 hours.

This has resulted in a legislative measure being approved and signed by our Governor which now mandates a minimum of 48 hours of hospital care being provided by insurers for normal vaginal deliveries. For a delivery by caesarean section, the new minimum will be 96 hours following a delivery.

AB915 Liability: Recreational Activities
A legislative measure was passed by our legislature and signed by the Governor which adds roller-blading and in-line skating to a list of hazardous recreation activities which protects a public entity or public employee from liability for the actions of any person who participates in such a hazardous activity.

Once again, the legislative system has removed the incentive for government to prevent brain damage before it occurs. A more appropriate approach, as seen by this observer, would be to mandate the use of head protection, or to establish other injury abatement measures.

AB381 Hepatitis B: Schools
Existing law requires that children be immunized against certain diseases prior to the child's admission to any school program; such as, a private or public elementary or secondary school, a child care center, a day nursery, a nursery school, a family day care home, or a development center.

This bill, authored by Assembly member Takasugi, would add immunization for hepatitis B as a requirement for all children entering these types of programs at the 7th grade level. This bill has become solely a fiscal issue. The California constitution requires the state reimburse local agencies and school districts for costs mandated by the state. The bill will start the second part of this session in December pending consideration by the Senate Appropriations committee.

SB813 Income and Bank and Corporation Taxes: Credits: Swimming Pool Safety Devices
Drowning is the LEADING cause of death in children younger than age 5 in California (and in Arizona, and in Florida). Last year, we were successful in gaining passage of AB3305 which will require NEW pools built after January 1, 1998 to have one of the specified safety devices. SB813 is designed to provide an incentive to homeowners with existing swimming pools to RETROFIT their pools with one of the safety devices. This bill would authorize a credit against the property taxes for the swimming pool owner.

The measure has passed the Senate and will be pending consideration by the Assembly Appropriations committee when the second part of the session begins in December. The bills author is Assembly member Steve Baldwin.

SB873 Pool Safety
A bill was approved this year to require that certain improvements be made in the lighting and drains of public pools. It was the result of a number of drownings and near-drownings caused by hair being caught in the drains or swimmers being electrocuted by defective underwater lighting. The bill is authored by Senator Vasconcellos.

AB1412 Motorcycles: Helmets
As previously reported, the effort to REPEAL the motorcycle helmet law did not get approved during the first half of this session. But it will be back even though the evidence is overwhelming that helmet use has reduced the numbers of those killed and injured when riding motorcycles. During the first four years under the California law, there have been more than 1,200 fewer riders killed, and more than 35,000 fewer riders needing medical attention. This bill failed to clear the Assembly Appropriations committee during the first half of the 1997-98 legislative session.