BILL NUMBER: SB 1729	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 8, 2008
	AMENDED IN SENATE  APRIL 3, 2008

INTRODUCED BY   Senator Migden

                        FEBRUARY 22, 2008

   An act to add Section 1257.5 to the Health and Safety Code,
relating to health facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1729, as amended, Migden. Health facilities: 
sensitivity  training.
   Under existing law the State Department of Public Health licenses
and regulates skilled nursing facilities and congregate living health
facilities, as defined. Violation of these provisions is a
misdemeanor.
   The bill would require that all registered nurses, certified nurse
assistants, licensed vocational nurses, and physician and surgeons
working in skilled nursing facilities or congregate living health
facilities participate in a training program to be prescribed by the
State Department of Public Health that focuses on 
sensitivity to gay, lesbian, bisexual, and transgender issues
  preventing and eliminating discrimination based on
sexual orientation and gender identity, as defined . Because
this bill would create a new crime, it imposes a state-mandated local
program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

   SECTION 1.    The Legislature finds and declares all
of the following:  
   (a) Registered nurses and physician and surgeons have continuing
education requirements that include cultural diversity training and
patient/provider relationships. However, sexual orientation and
gender identity are not included in these education programs. 

   (b) Certified nurse assistants do not have sexual orientation and
gender identity education requirements.  
   (c) The effects of lifelong experiences of being marginalized
place lesbian, gay, bisexual, and transgender (hereafter LGBT)
seniors at high risk for isolation, poverty, homelessness, and
premature institutionalization.  
   (d) Many LGBT seniors avoid accessing elder programs and services,
even when their health, safety, and security depend upon it. 

   (e) LGBT seniors often lack social and family support networks
available to non-LGBT seniors.  
   (f) LGBT seniors are denied many vital financial benefits provided
to heterosexual married couples, including Social Security benefits
and equal long-term care insurance protections.  
   (g) The number of people 65 years of age and older in California
is expected to double to 6.5 million by 2020, thereby increasing the
number of LGBT seniors who are receiving inadequate services. 

   (h) The state needs to ensure that the needs of LGBT seniors, as
well as other under-represented groups, can be adequately addressed
by the staff at senior care facilities.  
   (i) California leads the nation in the protections it affords to
LGBT persons. By including the needs of LGBT seniors and other
under-represented groups in the training of health care
professionals, California can act as a model for change in other
states and at the federal level. 
   SECTION 1.   SEC. 2.   Section 1257.5 is
added to the Health and Safety Code, to read:
   1257.5.   (a)    All registered nurses,
certified nurse assistants, licensed vocational nurses, and physician
and surgeons working in skilled nursing facilities, as defined in
subdivision (c) of Section 1250, or congregate living health
facilities, as defined in subdivision  (e)   (i)
 of Section 1250, shall participate in a training program, to
be prescribed by the department, that focuses on  sensitivity
to gay, lesbian, bisexual, and transgender issues.  
preventing and eliminating discrimination based on sexual orientation
and gender identity.  
   (b) "Sexual orientation" and "gender identity" have the same
meanings as those terms are used in Section 422.56 of the Penal Code.

   SEC. 2.   SEC. 3.   No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution because the only costs that may be incurred
by a local agency or school district will be incurred because this
act creates a new crime or infraction, eliminates a crime or
infraction, or changes the penalty for a crime or infraction, within
the meaning of Section 17556 of the Government Code, or changes the
definition of a crime within the meaning of Section 6 of Article XIII
B of the California Constitution.