20250SB__063297AMD INTRODUCED 2025-02-20 AMENDED_SENATE 2025-04-10 AMENDED_ASSEMBLY 2026-06-10 REVISED 2026-06-24 2025 SB AMD Introduced by Senator Arreguín ( Coauthors : Assembly Members Ahrens , Celeste Rodriguez, and Sharp-Collins ) LEAD_AUTHOR SENATE Arreguín COAUTHOR ASSEMBLY : Ahrens COAUTHOR ASSEMBLY Celeste Rodriguez COAUTHOR ASSEMBLY Sharp-Collins

An act to amend

Section 76396.3 of the Education Code, relating to community colleges. community colleges Community colleges: California College Promise. Existing law establishes the California College Promise, under the administration of the Chancellor of the California Community Colleges, to provide funding, upon appropriation by the Legislature, to each community college meeting prescribed requirements.

Existing law authorizes a community college to use that funding to waive some or all of the fees for academic years for first-time community college students and returning community college students, as defined, who are enrolled in or more semester units or the equivalent, or fewer for students certified as “full time” by a staff person in the disabled student services program, as specified, and who complete and submit either a Free Application for Federal Student Aid or a California Dream Act application, except as provided.

This bill would instead require, for purposes of eligibility for the California College Promise, that students be enrolled in or more, rather than or more, semester units or the equivalent, or fewer for a student certified as eligible, based on a commitment by the student that is analogous to the 9-semester-unit or equivalent workload, by a staff person in the disabled student services program.

The bill would additionally require, as a condition of receiving funding for the California College Promise, community colleges to provide a written notification to initial recipients of the California College Promise that includes specified information related to the academic years of eligibility for the California College Promise. Existing law establishes a workers’ compensation system, administered by the Administrative Director of the Division of Workers’ Compensation, to compensate an employee for injuries sustained in the course of employment.

Existing law creates a rebuttable presumption that specified injuries sustained in the course of employment of a specified member of law enforcement or a specified first responder arose out of and in the course of employment.

Prior existing law, until January 1, 2024, created a rebuttable presumption of injury for various employees, including an employee who works at a health facility, as defined, that included an illness or death resulting from COVID-19, if specified circumstances applied.</xhtml:p><xhtml:p>This bill would define “injury,” for a hospital employee who provides direct patient care in an acute care hospital, to include infectious diseases, cancer, musculoskeletal injuries, post-traumatic stress disorder, and respiratory diseases.

The bill would include the novel coronavirus disease (COVID-19) from SARS-CoV-2 and its variants, among other conditions, in the

definitions of infectious and respiratory diseases. The bill would create rebuttable presumptions that these injuries that develop or manifest in a hospital employee who provides direct patient care in an acute care hospital arose out of and in the course of the employment. The bill would extend these presumptions for specified time periods after the hospital employee’s termination of employment.</xhtml:p>"?> MAJORITY NO YES NO NO NO NO NO NO NO NO The people of the State of California do enact as follows:

SECTION

Section 76396.3 of the Education Code is amended to read: 76396.3. (

a) A community college that has been certified by the chancellor as meeting the conditions established under

Section 76396.2 shall receive funding pursuant to

Section 76396. (b)

(1) The community college may use funding appropriated pursuant to this

article to waive some or all of the fees for first-time community college students and returning community college students who are enrolled at the college with an eligible workload, and who complete and submit either a Free Application for Federal Student Aid or a California Dream Act application, except that a student who has previously earned a degree or certificate from a postsecondary educational institution is not eligible for this fee waiver.

A fee waiver that a first-time community college student or returning community college student receives pursuant to this subdivision shall only be for two academic years, and fees shall only be waived for the summer term and each semester or quarter of an academic year in which the student maintains an eligible workload. A fee waiver provided pursuant to this subdivision shall not be available to a student who is charged a tuition fee pursuant to

Section 76140.

(2) Notwithstanding paragraph (1), a student who is a member of the Armed Forces of the United States and is called to duty compelling the student to take a leave of absence pursuant to provisions of Title 10, Title 14, or Title of the United States Code, or to state-funded active duty on order of the Governor, may withdraw from participation in the California College Promise and resume participation in the program upon the student’s return from duty without losing eligibility for the fee waiver or any other benefit of the program.

The time during which the student was obliged to withdraw because of active duty shall not count toward the limit of the period of that student’s eligibility for participation in the California College Promise.

(3) Notwithstanding paragraph (1), a high school pupil who enrolls in community college pursuant to

Section 48800, 52620, or shall be considered a first-time community college student for purposes of paragraph (1) upon the student’s enrollment in community college after high school graduation.

(4) As a condition of receiving funding pursuant to

Section 76396, a community college shall provide, upon issuing an initial fee waiver pursuant to this subdivision to a student, a written notification to the student that includes all of the following: (

A) A statement informing the student that the period of eligibility for a California College Promise fee waiver is limited to two academic years, as specified in this subdivision. (

B) A description of the number of units a student needs to complete per semester or the quarterly equivalent, or the number of semester or quarterly units the student needs to complete per academic year, to complete an associate degree or certificate program within two academic years. (

C) Information on how to access other financial aid opportunities available to a student who has exceeded their two years of eligibility for a fee waiver pursuant to this subdivision. (

c) For purposes of this section, the following terms have the following meanings: (1) “Academic year” means the total of the summer term that immediately precedes the first semester or quarter of the fall term, and the two consecutive semesters or three quarters that immediately follow that summer term. Each semester or quarter is approximately the same length. (2) “Armed Forces of the United States” means the United States Air Force, Army, Coast Guard, Marine Corps, Space Force, and Navy, and the reserve components of each of those forces, and the California National Guard, the California State Guard, and the California Naval Militia. (3) (

A) Except as provided in subparagraph (B), “eligible workload” means nine or more semester units or the equivalent. (

B) A student enrolled in fewer than nine units may be deemed to have an “eligible workload” at the discretion of the institution if the student has been certified as eligible, based on commitment by the student that is analogous to an eligible workload, by a staff person in the disabled student services program at the institution who is qualified to make such a determination. (4) “Returning community college student” means a student who has taken a break of one or more semesters, or the equivalent quarters. (

d) It is the intent of the Legislature that funding provided to support the California College Promise be used by the community college to advance the goals outlined in

Section 76396.1. (

e) On or before July 1, 2024, the chancellor’s office shall submit a report to the Legislature in compliance with

Section of the Government Code evaluating the use of funding for the California College Promise to waive student fees. The report shall determine whether the goals outlined in

Section 76396.1 are being met. (

f) The chancellor’s office may require community colleges and community college districts receiving funding pursuant to this

article to report on an annual basis the use of these funds consistent with the conditions of

Section 76396.2. Funding during the following academic year may only be distributed to those community colleges and community college districts that provided this information, if required by the chancellor’s office, in a timely manner during the prior academic year and demonstrated compliance with the requirements of

Section 76396.2 and this subdivision. <caml:Num>SECTION 1.</caml:Num><caml:Content><xhtml:p>The Legislature finds and declares the following:</xhtml:p><xhtml:p>(a)<xhtml:span class="EnSpace"/>According to the United States Department of Labor, health care is one of the fastest growing sectors, currently employing 20,000,000 people, and is expected to add more jobs than any other occupational group.

Women represent nearly percent of the health care workforce.</xhtml:p><xhtml:p>(b)<xhtml:span class="EnSpace"/>Registered nurses constitute the largest occupation within the health care sector and number over 2,500,000, of which percent are employed in hospitals.

Nearly percent of registered nurses are women.</xhtml:p><xhtml:p>(c)<xhtml:span class="EnSpace"/>Workers’ compensation was created to ensure that workers who are injured or become ill due to work are promptly and fully cared for and that employers are held responsible for maintaining a safe and healthy work environment.

Certain occupations have significantly increased exposure or susceptibility to particular work-related injuries or illnesses that can be recognized, and at least partially remedied, through guaranteed access to the workers’ compensation system.</xhtml:p><xhtml:p>(d)<xhtml:span class="EnSpace"/>In California and many other states, a number of injuries and illnesses are already presumed work-related, and therefore eligible for workers’ compensation benefits, for firefighters, police officers, first responders, and other categories of workers. These professions predominantly employ men.

According to the United States Department of Labor, 3 out of Emergency Medical Technicians (EMTs) and paramedics are men, 7 out of police officers are men, and out of firefighters are men.</xhtml:p><xhtml:p>(e)<xhtml:span class="EnSpace"/>According to the United States Department of Labor, 9 out of registered nurses are women.

Registered nurses working in a hospital treat the same patients that first responders, firefighters, and police officers treat.</xhtml:p><xhtml:p>(f)<xhtml:span class="EnSpace"/>In California, women earn cents for every dollar earned by a man, according to the United States Census Bureau.

Given this persistent wage gap and the additional caregiving burden that women often bear, guaranteeing access to workers’ compensation for nurses, of whom nearly percent are women, will aid in addressing economic and social gender inequality.</xhtml:p><xhtml:p>(g)<xhtml:span class="EnSpace"/>By the nature of their profession, health care workers are in constant danger of being directly exposed to many hazards, including infectious diseases, carcinogens, ergonomic hazards, and traumatic events, and indirectly exposed through contact with various pieces of equipment, chemicals, and clothing.</xhtml:p><xhtml:p>(h)<xhtml:span class="EnSpace"/>Registered nurses have significantly more exposure to infectious diseases, including bloodborne pathogens, methicillin-resistant Staphylococcus aureus (MRSA), tuberculosis, and meningitis, than other workers.

According to the Healthcare Cost and Utilization Project, 1 out of every inpatient stays in California involved MRSA.

In addition, the incidence of tuberculosis in California was significantly higher than the national average, according to the federal Centers for Disease Control and Prevention.</xhtml:p><xhtml:p>(i)<xhtml:span class="EnSpace"/>Registered nurses experience more work-related injuries and illnesses than workers overall in the United States, including percent more musculoskeletal disorders, over percent more injuries and illnesses of all kinds, nearly four times more injuries from workplace violence, and nearly four times more injuries and illnesses due to exposure to harmful substances or environments, including infectious diseases like COVID-19.</xhtml:p><xhtml:p>(j)<xhtml:span class="EnSpace"/>As of January 11, 2023, local health departments in California have reported 189,081 confirmed positive SARS-CoV-2 (COVID-19) cases in nurses and health care workers.

This data is collected daily and the number of infected nurses and health care workers continues to climb exponentially. This figure includes on-the-job exposures.

However, this figure does not include the immeasurable number of asymptomatic nurses and health care workers who are currently working every day, lack personal protective equipment, and also lack the priority testing that should be conducted for health care workers, given they are essential workers.</xhtml:p><xhtml:p>(k)<xhtml:span class="EnSpace"/>Frontline nurses treating patients with COVID-19 are likely exposed to the highest risk of infection because of their close, frequent contact with patients and longer than usual working hours.

By the nature of their profession, health care workers in California are in daily danger of direct exposure to all infectious diseases, including COVID-19.</xhtml:p><xhtml:p>(l)<xhtml:span class="EnSpace"/>Registered nurses encounter a variety of carcinogenic exposures in the course of doing their jobs. Antineoplastic and other hazardous drugs are administered by registered nurses. While these drugs are life-saving treatments for patients, they are hazardous and can cause cancer and other health impacts, including organ damage, infertility, harm to developing fetuses, and hearing impairment.

Studies have documented the wide-ranging contamination of the workplace that occurs when antineoplastic drugs and other hazardous drugs are handled and administered. Registered nurses are exposed in the course of doing their jobs to these harmful chemicals.

Additionally, the National Institute for Occupational Safety and Health has determined that some anesthetic gases are carcinogenic hazards to registered nurses and other health care workers.</xhtml:p><xhtml:p>(m)<xhtml:span class="EnSpace"/>Registered nurses provide hands-on, direct patient care, which often requires physically assisting, moving, and repositioning patients. Many studies have documented the high rates of musculoskeletal disorders that occur among nurses.

In crafting a regulation, the Division of Occupational Safety and Health has deemed musculoskeletal disorders and related injuries a significant hazard specifically encountered by health care workers.</xhtml:p><xhtml:p>(n)<xhtml:span class="EnSpace"/>Registered nurses encounter many traumatic events in the course of providing care to patients, including workplace violence and threats, active shooter incidents, traumatic patient deaths, repeated exposure to patients’ trauma, and other events. A landmark study found that percent of nurses had symptoms of post-traumatic stress disorder.

Another study, published over a decade later, found that 28.4 percent of nurses had symptoms that qualified for a presumptive post-traumatic stress disorder diagnosis.

This excess stress and trauma must be recognized and addressed as an occupational hazard in nursing.</xhtml:p><xhtml:p>(o)<xhtml:span class="EnSpace"/>The Nurses’ Health Study found that frequent use of disinfectants is associated with a significantly increased risk for developing chronic obstructive pulmonary disease, or COPD. </xhtml:p><xhtml:p>(p)<xhtml:span class="EnSpace"/>Because health care workers have significantly increased exposure or susceptibility to particular work-related injuries or illnesses, it is appropriate to protect them by guaranteeing access to the workers’ compensation system.</xhtml:p></caml:Content></caml:BillSection><caml:BillSection id="id_58C0054B-EF45-488D-944E-4ADA035AC71D"><caml:Num>SEC. 2.</caml:Num><caml:ActionLine action="IS_ADDED" xlink:href="urn:caml:codes:LAB:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2F%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'3212.21'%5D)" xlink:label="fractionType: LAW_SECTION" xlink:type="locator">Section 3212.21 is added to the <caml:DocName>Labor Code</caml:DocName>, to read:</caml:ActionLine><caml:Fragment><caml:LawSection id="id_79B40563-84FB-4706-B2AE-D47736BBF396"><caml:Num>3212.21.</caml:Num><caml:LawSectionVersion id="id_5CC35A41-E3CE-4797-9956-8C6B296BDA2A"><caml:Content><xhtml:p>(a)<xhtml:span class="EnSpace"/>In the case of a hospital employee who provides direct patient care in an acute care hospital, the term “injury” as used in this division includes an infectious disease when a part of the disease or infection develops or manifests itself during a period of the person’s employment with the hospital.</xhtml:p><xhtml:p>(b)<xhtml:span class="EnSpace"/>The compensation that is awarded for an infectious disease shall include, but not be limited to, full hospital, surgical, medical treatment, disability indemnity, and death benefits, as provided by the workers’ compensation laws of this state.</xhtml:p><xhtml:p>(c)<xhtml:span class="EnSpace"/>(1)<xhtml:span class="EnSpace"/>An infectious disease that develops or manifests in a hospital employee who provides direct patient care in an acute care hospital shall be presumed to arise out of and in the course of the employment.

This presumption is rebuttable by other evidence, but, unless rebutted, the appeals board shall presume the infectious disease arose out of and in the course of the employment.

Except if the infectious disease is attributed to a methicillin-resistant Staphylococcus aureus skin infection, this presumption shall be extended to a hospital employee following termination of employment for a period of calendar months for each full year of employment, but not to exceed months, beginning with the last date actually worked in the specified capacity.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>If an infectious disease is attributed to a methicillin-resistant Staphylococcus aureus skin infection, the presumption in paragraph (1) shall be extended to a hospital employee following termination of employment for a period of days, beginning with the last day actually worked in the specified capacity.</xhtml:p><xhtml:p>(d)<xhtml:span class="EnSpace"/>An infectious disease that develops or manifests in a hospital employee who provides direct patient care in an acute care hospital shall not be attributed to a disease existing prior to that development or manifestation.</xhtml:p><xhtml:p>(e)<xhtml:span class="EnSpace"/>For purposes of this section:</xhtml:p><xhtml:p>(1)<xhtml:span class="EnSpace"/>“Acute care hospital” means a health facility as defined in subdivision (

a) or (

b) of

Section of the Health and Safety Code.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>“Bloodborne infectious disease” means a disease caused by exposure to pathogenic microorganisms that are present in human blood that can cause disease in humans, including those pathogenic microorganisms defined as bloodborne pathogens by the Department of Industrial Relations.</xhtml:p><xhtml:p>(3)<xhtml:span class="EnSpace"/>“Infectious disease” means any of the following:</xhtml:p><xhtml:p>(A)<xhtml:span class="EnSpace"/>Methicillin-resistant Staphylococcus aureus skin infection.</xhtml:p><xhtml:p>(B)<xhtml:span class="EnSpace"/>Bloodborne infectious diseases.</xhtml:p><xhtml:p>(C)<xhtml:span class="EnSpace"/>Tuberculosis.</xhtml:p><xhtml:p>(D)<xhtml:span class="EnSpace"/>Meningitis.</xhtml:p><xhtml:p>(E)<xhtml:span class="EnSpace"/>The novel coronavirus disease (COVID-19) from SARS-CoV-2 and its variants.</xhtml:p></caml:Content></caml:LawSectionVersion></caml:LawSection></caml:Fragment></caml:BillSection><caml:BillSection id="id_90ABF3EF-7B72-4B7F-9192-3BB74A936056"><caml:Num>SEC. 3.</caml:Num><caml:ActionLine action="IS_ADDED" xlink:href="urn:caml:codes:LAB:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2F%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'3212.22'%5D)" xlink:label="fractionType: LAW_SECTION" xlink:type="locator">Section 3212.22 is added to the <caml:DocName>Labor Code</caml:DocName>, to read:</caml:ActionLine><caml:Fragment><caml:LawSection id="id_536A7AFD-2CDE-48A7-8CA5-AA2D46CCD0AD"><caml:Num>3212.22.</caml:Num><caml:LawSectionVersion id="id_D4485DCF-3D7A-44A5-A037-28914CDC012E"><caml:Content><xhtml:p>(a)<xhtml:span class="EnSpace"/>In the case of a hospital employee who provides direct patient care in an acute care hospital, the term “injury” as used in this division includes cancer that develops or manifests itself during a period of the person’s employment with the hospital if the employee demonstrates exposure, while employed with the hospital, to a known or suspected carcinogen as defined by the International Agency for Research on Cancer or by the director.</xhtml:p><xhtml:p>(b)<xhtml:span class="EnSpace"/>The compensation that is awarded for cancer shall include, but not be limited to, full hospital, surgical, medical treatment, disability indemnity, and death benefits, as provided by this division.</xhtml:p><xhtml:p>(c)<xhtml:span class="EnSpace"/>Cancer that develops or manifests in a hospital employee who provides direct patient care in an acute care hospital shall be presumed to arise out of and in the course of the employment.

This presumption is rebuttable by evidence that the primary site of the cancer has been established and that the carcinogen to which the member has demonstrated exposure is not reasonably linked to the disabling cancer. Unless rebutted, the appeals board shall presume the cancer arose out of and in the course of the employment.

This presumption shall be extended to a hospital employee following termination of employment for a period of calendar months for each full year of employment, but not to exceed months, beginning with the last date actually worked in the specified capacity.</xhtml:p><xhtml:p>(d)<xhtml:span class="EnSpace"/>As used in this section:</xhtml:p><xhtml:p>(1)<xhtml:span class="EnSpace"/>“Acute care hospital” means a health facility as defined in subdivision (

a) or (

b) of

Section of the Health and Safety Code.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>“Cancer” includes liver cancer, myeloid leukemia, kidney cancer, multiple myeloma, ovarian cancer, breast cancer, nasopharyngeal cancer, thyroid cancer, cancers of the brain and nervous system, HPV-positive tonsillar cancer, and those cancers that develop or manifest as a result of exposure to antineoplastic drugs, anesthetic gases, or surgical smoke.</xhtml:p></caml:Content></caml:LawSectionVersion></caml:LawSection></caml:Fragment></caml:BillSection><caml:BillSection id="id_4580180B-D3A7-4F77-9373-DED6189F6793"><caml:Num>SEC. 4.</caml:Num><caml:ActionLine action="IS_ADDED" xlink:href="urn:caml:codes:LAB:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2F%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'3212.24'%5D)" xlink:label="fractionType: LAW_SECTION" xlink:type="locator">Section 3212.24 is added to the <caml:DocName>Labor Code</caml:DocName>, to read:</caml:ActionLine><caml:Fragment><caml:LawSection id="id_E8C2CCF6-4972-43A9-873C-9AE7C97A8DC3"><caml:Num>3212.24.</caml:Num><caml:LawSectionVersion id="id_941CFF75-6E50-42FA-BC07-ECC65E4933AC"><caml:Content><xhtml:p>(a)<xhtml:span class="EnSpace"/>In the case of a hospital employee who provides direct patient care in an acute care hospital, the term “injury” as used in this division includes a musculoskeletal injury that develops or manifests itself during a period of the person’s employment with the hospital.</xhtml:p><xhtml:p>(b)<xhtml:span class="EnSpace"/>The compensation that is awarded for a musculoskeletal injury shall include, but not be limited to, full hospital, surgical, medical treatment, disability indemnity, and death benefits, as provided by this division.</xhtml:p><xhtml:p>(c)<xhtml:span class="EnSpace"/>The musculoskeletal injury that develops or manifests in a hospital employee who provides direct patient care in an acute care hospital shall be presumed to arise out of and in the course of the employment.

This presumption is rebuttable by other evidence, but, unless rebutted, the appeals board shall presume the musculoskeletal injury arose out of and in the course of the employment. This presumption shall be extended to a hospital employee following termination of employment for a period of calendar months for each full year of employment, but not to exceed months, beginning with the last date actually worked in the specified capacity.

A musculoskeletal injury that develops or manifests in a hospital employee who provides direct patient care in an acute care hospital shall not be attributed to a disease existing prior to that development or manifestation.</xhtml:p><xhtml:p>(d)<xhtml:span class="EnSpace"/>As used in this section:</xhtml:p><xhtml:p>(1)<xhtml:span class="EnSpace"/>“Acute care hospital” means a health facility as defined in subdivision (

a) or (

b) of

Section of the Health and Safety Code.</xhtml:p><xhtml:p> (2)<xhtml:span class="EnSpace"/>“Musculoskeletal injury” means injury to the muscles, tendons, ligaments, bursas, peripheral nerves, joints, bones, or blood vessels.</xhtml:p></caml:Content></caml:LawSectionVersion></caml:LawSection></caml:Fragment></caml:BillSection><caml:BillSection id="id_3C709EED-38D9-4A67-9E8A-57BCE6E42BA3"><caml:Num>SEC. 5.</caml:Num><caml:ActionLine action="IS_ADDED" xlink:href="urn:caml:codes:LAB:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2F%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'3212.26'%5D)" xlink:label="fractionType: LAW_SECTION" xlink:type="locator">Section 3212.26 is added to the <caml:DocName>Labor Code</caml:DocName>, to read:</caml:ActionLine><caml:Fragment><caml:LawSection id="id_483A7393-70E6-444E-8D37-C21B73669A7B"><caml:Num>3212.26.</caml:Num><caml:LawSectionVersion id="id_263664EE-99A6-4FAA-A029-FD0A924D5A3F"><caml:Content><xhtml:p>(a)<xhtml:span class="EnSpace"/>In the case of a hospital employee who provides direct patient care in an acute care hospital, the term “injury” as used in this division includes post-traumatic stress injury that is diagnosed by a mental health professional and that develops or manifests itself during a period of the person’s employment with the hospital.</xhtml:p><xhtml:p>(b)<xhtml:span class="EnSpace"/>The compensation that is awarded for post-traumatic stress injury shall include, but not be limited to, full hospital, surgical, medical treatment, disability indemnity, and death benefits, as provided by this division.</xhtml:p><xhtml:p>(c)<xhtml:span class="EnSpace"/>The post-traumatic stress injury that develops or manifests in a hospital employee who provides direct patient care in an acute care hospital shall be presumed to arise out of and in the course of the employment.

This presumption is rebuttable by other evidence, but, unless rebutted, the appeals board shall presume the post-traumatic stress disorder arose out of and in the course of the employment.

This presumption shall be extended to a hospital employee following termination of employment for a period of calendar months for each full year of employment, but not to exceed months, beginning with the last date actually worked in the specified capacity.</xhtml:p><xhtml:p>(d)<xhtml:span class="EnSpace"/>As used in this section:</xhtml:p><xhtml:p>(1)<xhtml:span class="EnSpace"/>“Acute care hospital” means a health facility as defined in subdivision (

a) or (

b) of

Section of the Health and Safety Code.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>“Mental health professional” means a person with professional training, experience, and demonstrated competence in the treatment and diagnosis of mental conditions, who is certified or licensed to provide mental health care services and for whom diagnoses of mental conditions are within the professional’s scope of practice, including a physician and surgeon, nurse with recognized psychiatric specialties, psychologist, clinical social worker, mental health counselor, or alcohol or drug abuse counselor.</xhtml:p></caml:Content></caml:LawSectionVersion></caml:LawSection></caml:Fragment></caml:BillSection><caml:BillSection id="id_9B6C1DA4-BB99-4DC4-98EF-352BF976DAEB"><caml:Num>SEC. 6.</caml:Num><caml:ActionLine action="IS_ADDED" xlink:href="urn:caml:codes:LAB:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2F%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'3212.28'%5D)" xlink:label="fractionType: LAW_SECTION" xlink:type="locator">Section 3212.28 is added to the <caml:DocName>Labor Code</caml:DocName>, to read:</caml:ActionLine><caml:Fragment><caml:LawSection id="id_08A28ACB-DD30-438B-9483-05F2A320262A"><caml:Num>3212.28.</caml:Num><caml:LawSectionVersion id="id_64DC0F4B-FA35-4878-AE90-EB75EAABEC8D"><caml:Content><xhtml:p>(a)<xhtml:span class="EnSpace"/>In the case of a hospital employee who provides direct patient care in an acute care hospital, the term “injury” as used in this division includes respiratory disease that develops or manifests itself during a period of the person’s employment with the hospital.</xhtml:p><xhtml:p>(b)<xhtml:span class="EnSpace"/>The compensation that is awarded for respiratory disease shall include, but not be limited to, full hospital, surgical, medical treatment, disability indemnity, and death benefits, as provided by this division.</xhtml:p><xhtml:p>(c)<xhtml:span class="EnSpace"/>The respiratory disease that develops or manifests in a hospital employee who provides direct patient care in an acute care hospital shall be presumed to arise out of and in the course of the employment.

This presumption is rebuttable by other evidence, but, unless rebutted, the appeals board shall presume the respiratory disease arose out of and in the course of the employment. This presumption shall be extended to a hospital employee following termination of employment for a period of calendar months for each full year of employment, but not to exceed months, beginning with the last date actually worked in the specified capacity.

The respiratory disease that develops or manifests in a hospital employee who provides direct patient care in an acute care hospital shall not be attributed to a disease existing prior to that development or manifestation.</xhtml:p><xhtml:p>(d)<xhtml:span class="EnSpace"/>As used in this section:</xhtml:p><xhtml:p>(1)<xhtml:span class="EnSpace"/>“Acute care hospital” means a health facility as defined in subdivision (

a) or (

b) of

Section of the Health and Safety Code.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>“Respiratory disease” includes asthma or the novel coronavirus disease (COVID-19) from SARS-CoV-2 and its variants.</xhtml:p></caml:Content></caml:LawSectionVersion></caml:LawSection></caml:Fragment></caml:BillSection>"?> REVISIONS: Heading—Line 2.