| 1 | 1 | | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 487Introduced by Senator PanFebruary 16, 2017 An act to amend Section 2282 of the Business and Professions Code, relating to healing arts. LEGISLATIVE COUNSEL'S DIGESTSB 487, as introduced, Pan. Practice of medicine: hospitals. The Medical Practice Act establishes the Medical Board of California for the licensure, regulation, and discipline of physicians and surgeons. The act provides that the regular practice of medicine in a licensed general or specialized hospital having 5 or more physicians and surgeons on the medical staff without specified provisions governing the operation of the hospital relating to patient medical records and to the organization, membership, and self-governance of the medical staff constitutes unprofessional conduct subject to discipline by the board under the act. A violation of the act, unless otherwise expressly provided, is a crime. This bill would expand those specified provisions to include a provision that the award or maintenance of hospital or clinical privileges, or both, shall not be contingent on participation in a program for maintenance of certification, and, in the case of a public hospital, as defined, a provision that physicians and surgeons providing substantial direct patient care, as defined, may limit hospital committee voting rights on issues affecting patient care to those physicians and surgeons providing substantial direct patient care. Because this bill would change the definition of a crime, it would thereby impose 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 2282 of the Business and Professions Code is amended to read:2282. The regular practice of medicine in a licensed general or specialized hospital having five or more physicians and surgeons on the medical staff, which does not have rules established by the board of directors thereof of the hospital to govern the operation of the hospital, which rules include, among other provisions, all the following, constitutes unprofessional conduct:(a) Provision for the organization of physicians and surgeons licensed to practice in this state who are permitted to practice in the hospital into a formal medical staff with appropriate officers and bylaws and with staff appointments on an annual or biennial basis.(b) Provision that membership on the medical staff shall be restricted to physicians and surgeons and other licensed practitioners competent in their respective fields and worthy in professional ethics. In this respect respect, the division of profits from professional fees in any manner shall be prohibited and any such division shall be cause for exclusion from the staff.(c) Provision that the award or maintenance of hospital or clinical privileges, or both, shall not be contingent on participation in a program for maintenance of certification. (c)(d) Provision that the medical staff shall be self-governing with respect to the professional work performed in the hospital; that the medical staff shall meet periodically and review and analyze at regular intervals their clinical experience; and the medical records of patients shall be the basis for such review and analysis.(e) In the case of a public hospital, as defined in Section 14105.98 of the Welfare and Institutions Code, provision that physicians and surgeons providing substantial direct patient care may limit hospital committee voting on issues affecting patient care to those physicians and surgeons providing substantial direct patient care. For purposes of this subdivision, substantial direct patient care means that 50 percent or more of the practice of the physician and surgeon at the public hospital, on an annual basis, is spent providing direct patient care. (d)(f) Provision that adequate and accurate medical records be prepared and maintained for all patients.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. |
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| 3 | 3 | | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 487Introduced by Senator PanFebruary 16, 2017 An act to amend Section 2282 of the Business and Professions Code, relating to healing arts. LEGISLATIVE COUNSEL'S DIGESTSB 487, as introduced, Pan. Practice of medicine: hospitals. The Medical Practice Act establishes the Medical Board of California for the licensure, regulation, and discipline of physicians and surgeons. The act provides that the regular practice of medicine in a licensed general or specialized hospital having 5 or more physicians and surgeons on the medical staff without specified provisions governing the operation of the hospital relating to patient medical records and to the organization, membership, and self-governance of the medical staff constitutes unprofessional conduct subject to discipline by the board under the act. A violation of the act, unless otherwise expressly provided, is a crime. This bill would expand those specified provisions to include a provision that the award or maintenance of hospital or clinical privileges, or both, shall not be contingent on participation in a program for maintenance of certification, and, in the case of a public hospital, as defined, a provision that physicians and surgeons providing substantial direct patient care, as defined, may limit hospital committee voting rights on issues affecting patient care to those physicians and surgeons providing substantial direct patient care. Because this bill would change the definition of a crime, it would thereby impose 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES |
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| 9 | 9 | | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION |
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| 11 | 11 | | Senate Bill No. 487 |
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| 12 | 12 | | |
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| 13 | 13 | | Introduced by Senator PanFebruary 16, 2017 |
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| 15 | 15 | | Introduced by Senator Pan |
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| 16 | 16 | | February 16, 2017 |
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| 17 | 17 | | |
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| 18 | 18 | | An act to amend Section 2282 of the Business and Professions Code, relating to healing arts. |
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| 19 | 19 | | |
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| 20 | 20 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 21 | 21 | | |
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| 22 | 22 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 23 | 23 | | |
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| 24 | 24 | | SB 487, as introduced, Pan. Practice of medicine: hospitals. |
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| 25 | 25 | | |
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| 26 | 26 | | The Medical Practice Act establishes the Medical Board of California for the licensure, regulation, and discipline of physicians and surgeons. The act provides that the regular practice of medicine in a licensed general or specialized hospital having 5 or more physicians and surgeons on the medical staff without specified provisions governing the operation of the hospital relating to patient medical records and to the organization, membership, and self-governance of the medical staff constitutes unprofessional conduct subject to discipline by the board under the act. A violation of the act, unless otherwise expressly provided, is a crime. This bill would expand those specified provisions to include a provision that the award or maintenance of hospital or clinical privileges, or both, shall not be contingent on participation in a program for maintenance of certification, and, in the case of a public hospital, as defined, a provision that physicians and surgeons providing substantial direct patient care, as defined, may limit hospital committee voting rights on issues affecting patient care to those physicians and surgeons providing substantial direct patient care. Because this bill would change the definition of a crime, it would thereby impose 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. |
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| 28 | 28 | | The Medical Practice Act establishes the Medical Board of California for the licensure, regulation, and discipline of physicians and surgeons. The act provides that the regular practice of medicine in a licensed general or specialized hospital having 5 or more physicians and surgeons on the medical staff without specified provisions governing the operation of the hospital relating to patient medical records and to the organization, membership, and self-governance of the medical staff constitutes unprofessional conduct subject to discipline by the board under the act. A violation of the act, unless otherwise expressly provided, is a crime. |
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| 29 | 29 | | |
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| 30 | 30 | | This bill would expand those specified provisions to include a provision that the award or maintenance of hospital or clinical privileges, or both, shall not be contingent on participation in a program for maintenance of certification, and, in the case of a public hospital, as defined, a provision that physicians and surgeons providing substantial direct patient care, as defined, may limit hospital committee voting rights on issues affecting patient care to those physicians and surgeons providing substantial direct patient care. Because this bill would change the definition of a crime, it would thereby impose a state-mandated local program. |
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| 31 | 31 | | |
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| 32 | 32 | | 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. |
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| 33 | 33 | | |
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| 34 | 34 | | This bill would provide that no reimbursement is required by this act for a specified reason. |
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| 35 | 35 | | |
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| 36 | 36 | | ## Digest Key |
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| 37 | 37 | | |
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| 38 | 38 | | ## Bill Text |
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| 40 | 40 | | The people of the State of California do enact as follows:SECTION 1. Section 2282 of the Business and Professions Code is amended to read:2282. The regular practice of medicine in a licensed general or specialized hospital having five or more physicians and surgeons on the medical staff, which does not have rules established by the board of directors thereof of the hospital to govern the operation of the hospital, which rules include, among other provisions, all the following, constitutes unprofessional conduct:(a) Provision for the organization of physicians and surgeons licensed to practice in this state who are permitted to practice in the hospital into a formal medical staff with appropriate officers and bylaws and with staff appointments on an annual or biennial basis.(b) Provision that membership on the medical staff shall be restricted to physicians and surgeons and other licensed practitioners competent in their respective fields and worthy in professional ethics. In this respect respect, the division of profits from professional fees in any manner shall be prohibited and any such division shall be cause for exclusion from the staff.(c) Provision that the award or maintenance of hospital or clinical privileges, or both, shall not be contingent on participation in a program for maintenance of certification. (c)(d) Provision that the medical staff shall be self-governing with respect to the professional work performed in the hospital; that the medical staff shall meet periodically and review and analyze at regular intervals their clinical experience; and the medical records of patients shall be the basis for such review and analysis.(e) In the case of a public hospital, as defined in Section 14105.98 of the Welfare and Institutions Code, provision that physicians and surgeons providing substantial direct patient care may limit hospital committee voting on issues affecting patient care to those physicians and surgeons providing substantial direct patient care. For purposes of this subdivision, substantial direct patient care means that 50 percent or more of the practice of the physician and surgeon at the public hospital, on an annual basis, is spent providing direct patient care. (d)(f) Provision that adequate and accurate medical records be prepared and maintained for all patients.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. |
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| 42 | 42 | | The people of the State of California do enact as follows: |
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| 44 | 44 | | ## The people of the State of California do enact as follows: |
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| 46 | 46 | | SECTION 1. Section 2282 of the Business and Professions Code is amended to read:2282. The regular practice of medicine in a licensed general or specialized hospital having five or more physicians and surgeons on the medical staff, which does not have rules established by the board of directors thereof of the hospital to govern the operation of the hospital, which rules include, among other provisions, all the following, constitutes unprofessional conduct:(a) Provision for the organization of physicians and surgeons licensed to practice in this state who are permitted to practice in the hospital into a formal medical staff with appropriate officers and bylaws and with staff appointments on an annual or biennial basis.(b) Provision that membership on the medical staff shall be restricted to physicians and surgeons and other licensed practitioners competent in their respective fields and worthy in professional ethics. In this respect respect, the division of profits from professional fees in any manner shall be prohibited and any such division shall be cause for exclusion from the staff.(c) Provision that the award or maintenance of hospital or clinical privileges, or both, shall not be contingent on participation in a program for maintenance of certification. (c)(d) Provision that the medical staff shall be self-governing with respect to the professional work performed in the hospital; that the medical staff shall meet periodically and review and analyze at regular intervals their clinical experience; and the medical records of patients shall be the basis for such review and analysis.(e) In the case of a public hospital, as defined in Section 14105.98 of the Welfare and Institutions Code, provision that physicians and surgeons providing substantial direct patient care may limit hospital committee voting on issues affecting patient care to those physicians and surgeons providing substantial direct patient care. For purposes of this subdivision, substantial direct patient care means that 50 percent or more of the practice of the physician and surgeon at the public hospital, on an annual basis, is spent providing direct patient care. (d)(f) Provision that adequate and accurate medical records be prepared and maintained for all patients. |
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| 48 | 48 | | SECTION 1. Section 2282 of the Business and Professions Code is amended to read: |
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| 50 | 50 | | ### SECTION 1. |
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| 52 | 52 | | 2282. The regular practice of medicine in a licensed general or specialized hospital having five or more physicians and surgeons on the medical staff, which does not have rules established by the board of directors thereof of the hospital to govern the operation of the hospital, which rules include, among other provisions, all the following, constitutes unprofessional conduct:(a) Provision for the organization of physicians and surgeons licensed to practice in this state who are permitted to practice in the hospital into a formal medical staff with appropriate officers and bylaws and with staff appointments on an annual or biennial basis.(b) Provision that membership on the medical staff shall be restricted to physicians and surgeons and other licensed practitioners competent in their respective fields and worthy in professional ethics. In this respect respect, the division of profits from professional fees in any manner shall be prohibited and any such division shall be cause for exclusion from the staff.(c) Provision that the award or maintenance of hospital or clinical privileges, or both, shall not be contingent on participation in a program for maintenance of certification. (c)(d) Provision that the medical staff shall be self-governing with respect to the professional work performed in the hospital; that the medical staff shall meet periodically and review and analyze at regular intervals their clinical experience; and the medical records of patients shall be the basis for such review and analysis.(e) In the case of a public hospital, as defined in Section 14105.98 of the Welfare and Institutions Code, provision that physicians and surgeons providing substantial direct patient care may limit hospital committee voting on issues affecting patient care to those physicians and surgeons providing substantial direct patient care. For purposes of this subdivision, substantial direct patient care means that 50 percent or more of the practice of the physician and surgeon at the public hospital, on an annual basis, is spent providing direct patient care. (d)(f) Provision that adequate and accurate medical records be prepared and maintained for all patients. |
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| 54 | 54 | | 2282. The regular practice of medicine in a licensed general or specialized hospital having five or more physicians and surgeons on the medical staff, which does not have rules established by the board of directors thereof of the hospital to govern the operation of the hospital, which rules include, among other provisions, all the following, constitutes unprofessional conduct:(a) Provision for the organization of physicians and surgeons licensed to practice in this state who are permitted to practice in the hospital into a formal medical staff with appropriate officers and bylaws and with staff appointments on an annual or biennial basis.(b) Provision that membership on the medical staff shall be restricted to physicians and surgeons and other licensed practitioners competent in their respective fields and worthy in professional ethics. In this respect respect, the division of profits from professional fees in any manner shall be prohibited and any such division shall be cause for exclusion from the staff.(c) Provision that the award or maintenance of hospital or clinical privileges, or both, shall not be contingent on participation in a program for maintenance of certification. (c)(d) Provision that the medical staff shall be self-governing with respect to the professional work performed in the hospital; that the medical staff shall meet periodically and review and analyze at regular intervals their clinical experience; and the medical records of patients shall be the basis for such review and analysis.(e) In the case of a public hospital, as defined in Section 14105.98 of the Welfare and Institutions Code, provision that physicians and surgeons providing substantial direct patient care may limit hospital committee voting on issues affecting patient care to those physicians and surgeons providing substantial direct patient care. For purposes of this subdivision, substantial direct patient care means that 50 percent or more of the practice of the physician and surgeon at the public hospital, on an annual basis, is spent providing direct patient care. (d)(f) Provision that adequate and accurate medical records be prepared and maintained for all patients. |
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| 56 | 56 | | 2282. The regular practice of medicine in a licensed general or specialized hospital having five or more physicians and surgeons on the medical staff, which does not have rules established by the board of directors thereof of the hospital to govern the operation of the hospital, which rules include, among other provisions, all the following, constitutes unprofessional conduct:(a) Provision for the organization of physicians and surgeons licensed to practice in this state who are permitted to practice in the hospital into a formal medical staff with appropriate officers and bylaws and with staff appointments on an annual or biennial basis.(b) Provision that membership on the medical staff shall be restricted to physicians and surgeons and other licensed practitioners competent in their respective fields and worthy in professional ethics. In this respect respect, the division of profits from professional fees in any manner shall be prohibited and any such division shall be cause for exclusion from the staff.(c) Provision that the award or maintenance of hospital or clinical privileges, or both, shall not be contingent on participation in a program for maintenance of certification. (c)(d) Provision that the medical staff shall be self-governing with respect to the professional work performed in the hospital; that the medical staff shall meet periodically and review and analyze at regular intervals their clinical experience; and the medical records of patients shall be the basis for such review and analysis.(e) In the case of a public hospital, as defined in Section 14105.98 of the Welfare and Institutions Code, provision that physicians and surgeons providing substantial direct patient care may limit hospital committee voting on issues affecting patient care to those physicians and surgeons providing substantial direct patient care. For purposes of this subdivision, substantial direct patient care means that 50 percent or more of the practice of the physician and surgeon at the public hospital, on an annual basis, is spent providing direct patient care. (d)(f) Provision that adequate and accurate medical records be prepared and maintained for all patients. |
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| 60 | 60 | | 2282. The regular practice of medicine in a licensed general or specialized hospital having five or more physicians and surgeons on the medical staff, which does not have rules established by the board of directors thereof of the hospital to govern the operation of the hospital, which rules include, among other provisions, all the following, constitutes unprofessional conduct: |
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| 62 | 62 | | (a) Provision for the organization of physicians and surgeons licensed to practice in this state who are permitted to practice in the hospital into a formal medical staff with appropriate officers and bylaws and with staff appointments on an annual or biennial basis. |
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| 64 | 64 | | (b) Provision that membership on the medical staff shall be restricted to physicians and surgeons and other licensed practitioners competent in their respective fields and worthy in professional ethics. In this respect respect, the division of profits from professional fees in any manner shall be prohibited and any such division shall be cause for exclusion from the staff. |
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| 66 | 66 | | (c) Provision that the award or maintenance of hospital or clinical privileges, or both, shall not be contingent on participation in a program for maintenance of certification. |
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| 68 | 68 | | (c) |
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| 72 | 72 | | (d) Provision that the medical staff shall be self-governing with respect to the professional work performed in the hospital; that the medical staff shall meet periodically and review and analyze at regular intervals their clinical experience; and the medical records of patients shall be the basis for such review and analysis. |
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| 74 | 74 | | (e) In the case of a public hospital, as defined in Section 14105.98 of the Welfare and Institutions Code, provision that physicians and surgeons providing substantial direct patient care may limit hospital committee voting on issues affecting patient care to those physicians and surgeons providing substantial direct patient care. For purposes of this subdivision, substantial direct patient care means that 50 percent or more of the practice of the physician and surgeon at the public hospital, on an annual basis, is spent providing direct patient care. |
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| 76 | 76 | | (d) |
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| 80 | 80 | | (f) Provision that adequate and accurate medical records be prepared and maintained for all patients. |
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| 82 | 82 | | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. |
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| 84 | 84 | | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. |
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| 86 | 86 | | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. |
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| 88 | 88 | | ### SEC. 2. |
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