BILL NUMBER: AB 13	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 29, 2008
	PASSED THE ASSEMBLY  AUGUST 30, 2008
	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 Section 1276.45 to the Health and Safety Code,
relating to health facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 13, Brownley. Hospitals: staffing.
   Existing law provides for the inspection, licensure, and
regulation of health facilities by the State Department of Public
Health, 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.
   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.
   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.


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.   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.