Proposition 46, also known as Prop 46, Medical Malpractice Lawsuit Cap and Drug Testing of Doctors Initiative and the Troy and Alana Pack Patient Safety Act of 2014, was a California ballot proposition intended to increase the state's limit on non-economic damages that could be reviewed in medical negligence lawsuits from $250,000 to over $1 million. It required drug and alcohol testing on physicians and for any positive tests to be reported to the Medical Board of California. It required physicians who had pending investigations into positive drug and alcohol tests to be suspended by the Medical Board of California and for the board to take further action if the investigation found that the physician was in fact impaired while working. It required healthcare employees to report any physician suspected of either medical negligence or drug or alcohol use while working. It also required healthcare employees to check the state's CURES (Controlled Substance Utilization Review and Evaluation System) before prescribing certain controlled substances to patients. [1] The proposed ballot measure was often called the Troy and Alana Pack Patient Safety Act of 2014 by supporters following a story of two kids who were killed after being hit by a driver who was under the influence of prescription drugs and alcohol. [2] If the ballot proposition had passed, it would have made the first law in the United States that required random drug testing on physicians. [3] A political consultant, Chris Lehane, was hired to be an advisor to proponents of the measure. A coalition formed of insurance companies, physicians and hospitals hired a Democratic political consultant, Gale Kaufman, to advise opponents of the measure. [1] Supporters of the measure include Barbara Boxer, Candace Lightner, Erin Brockovich, Consumer Watchdog, Congress of California Seniors and Consumer Attorneys of California. Opponents of the measure include California Hospital Association, California Dental Association, California Medical Association, California Republican Party, California Teachers Association, and California Society of Addiction Medicine. It failed in the November 2014 California elections. [4]
Result [4] | Votes | Percentage |
---|---|---|
Yes | 2,376,817 | 33.24 |
No | 4,774,364 | 66.76 |
Proposition 215, or the Compassionate Use Act of 1996, is a California law permitting the use of medical cannabis despite marijuana's lack of the normal Food and Drug Administration testing for safety and efficacy. It was enacted, on November 5, 1996, by means of the initiative process, and passed with 5,382,915 (55.6%) votes in favor and 4,301,960 (44.4%) against.
Medical malpractice is professional negligence by act or omission by a health care provider in which the treatment provided falls below the accepted standard of practice in the medical community and causes injury or death to the patient, with most cases involving medical error. Claims of medical malpractice, when pursued in US courts, are processed as civil torts. Sometimes an act of medical malpractice will also constitute a criminal act, as in the case of the death of Michael Jackson.
The Marijuana Policy Project (MPP) is the largest organization working solely on marijuana policy reform in the United States in terms of its budget, number of members, and staff.
AIDS Healthcare Foundation (AHF) is a Los Angeles-based 501(c)(3) nonprofit organization that provides HIV/AIDS prevention, treatment, and advocacy services. As of 2022, it operates about 400 clinics, 69 outpatient healthcare centers, 62 pharmacies, and 22 Out of the Closet thrift stores across 15 U.S. states, Washington, D.C., Puerto Rico, and 45 countries, with more than 5,000 employees, and provides care to more than 1.8 million patients. The organization's aim is to end the AIDS epidemic by ensuring access to quality healthcare, including HIV and STD testing, prescription of medications like Pre-exposure Prophylaxis (PrEP), and referrals to specialty pharmacies. AHF is the largest provider of PrEP in the United States, though its founder Michael Weinstein has received criticism for his past opposition to the drug.
The Medical Injury Compensation Reform Act (MICRA) of 1975 was a statute enacted by the California Legislature in September 1975 (and signed into law by Governor Jerry Brown in September), which was intended to lower medical malpractice liability insurance premiums for healthcare providers in that state by decreasing their potential tort liability.
Tort reform consists of changes in the civil justice system in common law countries that aim to reduce the ability of plaintiffs to bring tort litigation or to reduce damages they can receive. Such changes are generally justified under the grounds that litigation is an inefficient means to compensate plaintiffs; that tort law permits frivolous or otherwise undesirable litigation to crowd the court system; or that the fear of litigation can serve to curtail innovation, raise the cost of consumer goods or insurance premiums for suppliers of services, and increase legal costs for businesses. Tort reform has primarily been prominent in common law jurisdictions, where criticism of judge-made rules regarding tort actions manifests in calls for statutory reform by the legislature.
The Healthcare Quality Improvement Act of 1986 (HCQIA) was introduced by Congressman Ron Wyden from Oregon.
The California Medical Association (CMA) is a professional organization based in California that advocates on behalf of nearly 50,000 physicians in legislative, legal, regulatory, economic, and social issues. The organization was founded in 1856 and is a member of the American Medical Association.
In the United States, the use of cannabis for medical purposes is legal in 38 states, four out of five permanently inhabited U.S. territories, and the District of Columbia, as of March 2023. Ten other states have more restrictive laws limiting THC content, for the purpose of allowing access to products that are rich in cannabidiol (CBD), a non-psychoactive component of cannabis. There is significant variation in medical cannabis laws from state to state, including how it is produced and distributed, how it can be consumed, and what medical conditions it can be used for.
Assisted suicide is suicide with the aid of another person. In the United States, the term "assisted suicide" is typically used to describe what proponents refer to as medical aid in dying, in which terminally ill adults are prescribed and self-administer barbiturates if they feel that they are suffering significantly. The term is often used interchangeably with physician-assisted suicide (PAS), "physician-assisted dying", "physician-assisted death", "assisted death" and "medical aid in dying" (MAiD).
Cannabis in California has been legal for medical use since 1996, and for recreational use since late 2016. The state of California has been at the forefront of efforts to liberalize cannabis laws in the United States, beginning in 1972 with the nation's first ballot initiative attempting to legalize cannabis. Although it was unsuccessful, California would later become the first state to legalize medical cannabis through the Compassionate Use Act of 1996, which passed with 56% voter approval. In November 2016, California voters approved the Adult Use of Marijuana Act with 57% of the vote, which legalized the recreational use of cannabis.
Harvey Rosenfield is an American lawyer, author and consumer advocate. In 1985, he founded Consumer Watchdog, a nationally recognized, nonpartisan nonprofit public interest group. He serves as the group's counsel.
California Proposition 19 was a ballot initiative on the November 2, 2010, statewide ballot. It was defeated, with 53.5% of California voters voting "No" and 46.5% voting "Yes." If passed, it would have legalized various marijuana-related activities, allowed local governments to regulate these activities, permitted local governments to impose and collect marijuana-related fees and taxes, and authorized various criminal and civil penalties. In March 2010, it qualified to be on the November statewide ballot. The proposition required a simple majority in order to pass, and would have taken effect the day after the election. Yes on 19 was the official advocacy group for the initiative and California Public Safety Institute: No On Proposition 19 was the official opposition group.
Proposition 19, also known as the California Marijuana Initiative (CMI), was a ballot initiative on the November 7, 1972 California statewide ballot. This was the first attempt to legalize marijuana by ballot measure in the history of the United States. If it had passed, the measure would have removed penalties in the State of California for persons 18 years of age or older for using, possessing, growing, processing, or transporting marijuana for personal use. The California Marijuana Initiative's organizers coordinated a huge grassroots organizing drive to place the measure on the ballot. The initiative qualified for the November statewide ballot in June 1972. The initiative was defeated by the voters with 66.5% No votes to 33.5% Yes votes.
In California state elections, 2014 was the first year in which the top statewide offices were elected under the nonpartisan blanket primary, pursuant to Proposition 14, which passed with 53% voter approval in June 2010. Under this system, which first went into effect during the 2012 election year, all candidates appear on the same ballot, regardless of party. In the primary, voters may vote for any candidate, regardless of their party affiliation. The top two finishers, regardless of party, then advance to face each other in the general election in November.
Los Angeles County Medical Association (LACMA) is a professional organization representing physicians from every medical specialty and practice setting as well as students, interns and residents. The organization was founded in 1871 and is a constituent of the California Medical Association (CMA). It advocates quality care for all patients and provides services to meet the professional needs of its physician members. The group serves to represent its professional members in public policy, government relations, and community relations. LACMA, together with CMA physicians, strives to preserve and protect the noble pursuit of healthcare delivery.
Medical malpractice is a legal cause of action that occurs when a medical or health care professional, through a negligent act or omission, deviates from standards in their profession, thereby causing injury or death to a patient. The negligence might arise from errors in diagnosis, treatment, aftercare or health management.
The Adult Use of Marijuana Act (AUMA) was a 2016 voter initiative to legalize cannabis in California. The full name is the Control, Regulate and Tax Adult Use of Marijuana Act. The initiative passed with 57% voter approval and became law on November 9, 2016, leading to recreational cannabis sales in California by January 2018.
Proposition 23, officially the Protect the Lives of Dialysis Patients Act Initiative, is a California ballot proposition that appeared on the ballot for the general election on November 3, 2020. The proposition would increase regulations in Californian dialysis clinics, requiring them to have on-site physicians during treatment, report data on infections that might have been caused by dialyses, seek permission from the government of California prior to closing a clinic and strengthening anti-discrimination protections for dialysis patients.
Proposition 29 is a California ballot proposition that appeared on the general election on November 8, 2022 that would require staffing, reporting, ownership disclosure, and closing requirements including:
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