BILL NUMBER: AB 13 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 22, 2008
AMENDED IN ASSEMBLY JUNE 6, 2007
AMENDED IN ASSEMBLY JUNE 1, 2007
AMENDED IN ASSEMBLY APRIL 24, 2007
AMENDED IN ASSEMBLY APRIL 10, 2007
INTRODUCED BY Assembly Members Brownley and Leno
DECEMBER 4, 2006
An act to add Sections 1276.45 and 1276.46
Section 1276.45 to the Health and Safety Code, relating to
health facilities.
LEGISLATIVE COUNSEL'S DIGEST
AB 13, as amended, Brownley. Hospitals: staffing.
(1) Existing
Existing law provides for the inspection, licensure, and
regulation of health facilities by the State Department of
Public Health Services , including, among
other facilities, general acute care hospitals, acute psychiatric
hospitals, and special hospitals. A violation of the provisions
regulating health facilities is a crime. Effective July 1,
2007, the responsibilities of the department are transferred to the
State Department of Public Health.
Existing law requires that certain building standards published by
the Office of Statewide Health Planning and Development, and
regulations adopted by the department, prescribe specified standards
with respect to health facilities, including standards regarding
staffing facilities with duly qualified licensed personnel.
This bill would, commencing January 1, 2010, require a general
acute care, acute psychiatric, or special hospital to adopt, and
annually review, a plan or procedure for determining the staffing of
professional and technical classifications covered under the above
provisions. The bill would provide that the plan or procedure shall
not apply to the staffing of nursing personnel. By creating a new
crime, the bill would impose a state-mandated local program.
This bill would, commencing January 1, 2010, authorize the State
Public Health Officer to levy administrative penalties against a
health facility for a violation of the staffing provisions contained
in the bill.
(2) This bill would require the Office of Statewide Health
Planning and Development, to conduct a comprehensive study to
identify the needs for hospital and health facility staffing for
nonnurse professional and technical staffing, as specified. The bill
would require the office to report its findings to the Legislature
and the Governor by December 31, 2008.
(3) The
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1276.45 is added to the Health and Safety Code,
to read:
1276.45. (a) A hospital licensed pursuant to subdivision (a),
(b), or (f) of Section 1250 shall adopt a plan or procedure for
determining the staffing of professional and technical
classifications covered under Section 1276. The plan or procedure
shall not apply to the staffing of nursing personnel.
(b) The plan or procedure shall be used by the hospital to
determine the amount of competent personnel with the appropriate
combination of skills necessary to meet the needs of its patients.
The hospital shall annually review the plan or procedure to determine
whether it should be adjusted in order to reduce bad patient
outcomes and workplace injuries. The hospital shall document any
changes made to the plan or procedure.
(c) The plan or procedure shall be available for review upon
request. The hospital shall provide any interested person with a copy
of the plan or procedure either electronically or in printed form.
The hospital may require payment of reasonable reproduction costs if
provided in print.
(d) Failure to maintain, to review annually, or to comply with a
plan or procedure as required by this section shall be deemed by the
department to constitute staffing that has the potential for harm to
patients.
(e) During surveys for compliance with state or federal statutes
or regulations, the department shall review the plan or procedure,
the hospital's compliance with the plan, and the annual updates to
the plan to determine compliance with this section.
(f) This section shall become operative on January 1, 2010.
SEC. 2. Section 1276.46 is added to the Health
and Safety Code, to read:
1276.46. (a) The director, after appropriate notice and
opportunity for hearing, may levy administrative penalties for a
violation of Section 1276.45. When assessing administrative penalties
against a health facility pursuant to this section, the director
shall determine the appropriate amount of the penalty for each
violation. In making that determination, the director may consider
any of the following factors:
(1) The nature, scope, and gravity of the violation.
(2) The facility's history of violations.
(3) The demonstrated willfulness of the violation.
(4) The behavior of the facility with respect to the violation,
including whether the facility mitigated any damage or injury from
the violation.
(b) A health facility may appeal an administrative penalty levied
pursuant to this section within 30 days, consistent with Section
100171. The facility may also seek to adjudicate the validity of the
violation or the penalty.
(c) This section shall become operative on January 1, 2010.
SEC. 3. (a) The Office of Statewide Health
Planning and Development shall conduct a comprehensive study to
identify the needs for hospital and health facility staffing for
nonnurse professional and technical staff, including, but not limited
to, respiratory therapists, laboratory technicians, phlebotomists,
radiology technicians, pharmacy technicians, psychiatric technicians,
and emergency room technicians. The study shall estimate the
projected need by classification as well as the projected capacity of
educational programs for the classification, and shall contain
recommendations for addressing any projected shortages in these
classifications.
(b) The office may contract with the University of California for
purposes of the study required by this section.
(c) The office shall report its findings to the Legislature and
the Governor by December 31, 2008.
SEC. 4. SEC. 2. No reimbursement is
required by this act pursuant to Section 6 of Article XIII B 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 XIII
B of the California Constitution.