BILL NUMBER: AB 2010	CHAPTERED  07/10/08

	CHAPTER  90
	FILED WITH SECRETARY OF STATE  JULY 10, 2008
	APPROVED BY GOVERNOR  JULY 10, 2008
	PASSED THE SENATE  JUNE 26, 2008
	PASSED THE ASSEMBLY  APRIL 21, 2008

INTRODUCED BY   Assembly Member DeSaulnier

                        FEBRUARY 15, 2008

   An act to amend Section 1219 of the Health and Safety Code,
relating to clinics.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2010, DeSaulnier.  Affiliate clinics: provisional licenses.
   Under existing law, the State Department of Public Health
regulates the licensure and operation of clinics, including community
clinics and primary care clinics, as defined. Existing law permits a
primary care clinic meeting prescribed conditions to file an
application to establish another primary care clinic at an additional
site, which shall be known as an affiliate clinic, in accordance
with specified requirements. Existing law provides that if a clinic
or an applicant for a license has not been previously licensed, the
department may only issue a provisional license to the clinic as
provided.
   This bill would exempt an affiliate clinic from this provision.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1219 of the Health and Safety Code is amended
to read:
   1219.  (a) Except for affiliate clinics, as defined in Section
1218.1, if a clinic or an applicant for a license has not been
previously licensed, the department may only issue a provisional
license to the clinic as provided in this section.
   (b) A provisional license to operate a clinic shall terminate six
months from the date of issuance.
   (c) Within 30 days prior to the termination of a provisional
license, the department shall give the clinic a full and complete
inspection, and, if the clinic meets all applicable requirements for
licensure, a regular license shall be issued. If the clinic does not
meet the requirements for licensure but has made substantial progress
towards meeting such requirements, as determined by the department,
the initial provisional license shall be renewed for six months.
   (d) If the department determines that there has not been
substantial progress towards meeting licensure requirements at the
time of the first full inspection provided by this section, or, if
the department determines upon its inspection made within 30 days of
the termination of a renewed provisional license that there is a lack
of full compliance with such requirements, no further license shall
be issued.
   (e) If an applicant for a provisional license to operate a clinic
has been denied by the department, the applicant may contest the
denial by filing a statement of issues, as provided in Section 11504
of the Government Code. The proceedings to review the denial shall be
conducted pursuant to the provisions of Chapter 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the Government
Code.