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

SB 391 Medical Reimbursement Law New law effective 2005, added Sections , , and

Medical Reimbursement Law added Section 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

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

SB 391 Medical Reimbursement Law The new law also added Section 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.

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

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.

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)

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

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

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

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 is on DPR’s website.

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