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Pesticide Incident Reimbursement Law - SB 391

Pesticide Incident Reimbursement Law - SB 391. DPR/CAC Roundtable Discussion May 3, 2006. SB 391 Medical Reimbursement Law. New law effective 2005, added Sections 12996.5, 12997.5, and 12997.7. Medical Reimbursement Law - 391 added Section 12997.5.

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Pesticide Incident Reimbursement Law - SB 391

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  1. Pesticide Incident Reimbursement Law - SB 391 DPR/CAC Roundtable Discussion May 3, 2006

  2. SB 391 Medical Reimbursement Law New law effective 2005, added Sections 12996.5, 12997.5, and 12997.7

  3. Medical Reimbursement Law - 391 added Section 12997.5 Requires reimbursement of medical costs if ALL of the following occur: - Non-occupational situation - Resulted from production agric application - Misuse (violation) caused an acute illness or injury - Victim sought immediate medical attention - Medical costs not covered by insurance etc

  4. SB 391 Medical Reimbursement Law • The new law also added Section 12996.5(b) which states that each exposed person can be a separate violation.

  5. SB 391 Medical Reimbursement Law • The new law also added Section 12997.7 which requires Cal/EPA hq, in conjunction with other agencies, to develop protocols for their local area plans to include pesticide drift exposure response. OES is proposing regulations.

  6. SB391 Medical Reimbursement Law • DPR developed a Pesticide Incident Reimbursement Law Implementation Guidance document. • See Enforcement Letter 2006-02 which includes the “Non-Occupational Pesticide Injuries – Implementation Guidance to the County Agricultural Commissioners for Senate Bill 391”

  7. SB391 - DPR Implementation Guidance Document • Important Links • Overview: background, req’ts summary, issues, definitions. • Responsibilities: DPR, CAC, Violator, Victim, Interagency Discussions, Notice. • Who qualifies and when. • Victim contact permission.

  8. CAC Role in SB391 Implementation • Page 7 of Guidance identifies the CAC role • Conduct investigation and take appropriate action in a timely manner; attempt to complete the determination within 45 days of incident • Properly collect evidence, identify violations and their elements, identify violators and victims to the best of their ability. (Note: best to obtain permission for release of personal information. see template)

  9. SB391 - DPR Implementation Guidance Document (cont’d) • Investigations • Investigation policy/procedure resources • Separate Violations • Penalty Reductions • Uncompensated Medical Costs • Protocol Development for Emergency Response

  10. Medical Reimbursement Law – 391 …to reiterate Requires reimbursement of medical costs if ALL of the following occur: - Non-occupational situation - Resulted from production agric application - Misuse (violation) caused an acute illness or injury - Victim sought immediate medical attention - Medical costs not covered by insurance etc

  11. SB391 - DPR Implementation Guidance Document (cont’d) • Exceptions • Template for Notice of Proposed Action • Separate Counts for Exposed Persons (acute) quick reference.

  12. SB391 Medical Reimbursement Law • The CAC does not oversee the actual medical reimbursement process. • There is a handout on the DPR public website January 2005 with Q & A’s summarizing the new law. • Enf Letter 2006-2 is on DPR’s website.

  13. Other discussion items - Recent issues Experiences Questions Suggestions

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