Employment: health information technology: clinical practice guidelines: worker rights.
The bill introduces specific provisions to prevent retaliation against healthcare workers who choose to override health information technology or clinical practice guidelines in favor of patient care. It requires hospitals to notify workers about implementing new technologies that affect their work or patient care, thereby fostering an environment of transparency and communication. Furthermore, it mandates that hospitals provide appropriate training on new technologies to ensure workers are well-equipped to use them effectively and understand their limitations.
Assembly Bill 858, introduced by Assembly Member Jones-Sawyer, aims to safeguard the rights of healthcare workers at general acute care hospitals, particularly in the context of utilizing health information technology and clinical practice guidelines. The bill establishes that the use of technology must not limit workers from exercising their independent clinical judgment when providing direct patient care. It recognizes the crucial role of healthcare workers as patient advocates and underscores that technology should complement—not replace—human judgment in healthcare decisions.
The sentiment surrounding AB 858 appears to be largely supportive among healthcare professionals and organizations advocating for worker rights. Supporters argue that the bill is essential for ensuring patient safety and maintaining high standards of care. However, there may be some contention regarding how effectively the bill can balance technological advancements in healthcare with traditional clinical practices, particularly among stakeholders concerned about the potential for technology to overrule human decision-making in critical situations.
Notably, AB 858 exempts violations of its provisions from the Labor Code Private Attorneys General Act of 2004 (PAGA), unless explicitly agreed upon in a collective bargaining agreement. This aspect has raised concerns among labor advocates, who fear it may dilute employee protections under existing law. Additionally, the bill emphasizes that while technology should enhance care, it does not allow for the override of physician orders, which could lead to debates about the limits of a worker’s authority in clinical settings.