BILL NUMBER: AB 620 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 6, 2013
AMENDED IN ASSEMBLY APRIL 15, 2013
AMENDED IN ASSEMBLY APRIL 2, 2013
INTRODUCED BY Assembly Member Buchanan
FEBRUARY 20, 2013
An act to add Sections 1279.8, 1507.15, 1569.317, and
1584.5 to the Health and Safety Code, relating to health and care
facilities.
LEGISLATIVE COUNSEL'S DIGEST
AB 620, as amended, Buchanan. Health and care facilities: missing
patients and participants.
Existing law provides for the licensure and regulation of the
health facilities, as defined. Existing law requires certain types of
health facilities, such as acute care hospitals and skilled nursing
facilities, to develop, implement, and comply with a patient safety
plan for the purpose of improving the health and safety of patients
and reducing preventable patient safety events, as specified. A
person who violates the provisions governing health facilities is
guilty of a misdemeanor, as specified.
The Community Care Facilities Act provides for the licensure and
regulation of community care facilities, as defined, including
residential facilities and facilities that provide adult day
programs. A person who violates the act is guilty of a misdemeanor.
Existing law, the California Residential Care Facilities for the
Elderly Act, requires the State Department of Social Services to
license and regulate residential care facilities for the elderly, as
defined. A person who violates the act is guilty of a misdemeanor.
Existing law, the California Adult Day Health Care Act, provides
for the licensure and regulation of adult day health care centers, as
defined , by the State Department of Public Health . A
person who negligently, repeatedly, or willfully violates the act is
guilty of a misdemeanor.
This bill would require specified health facilities, including
various kinds of intermediate care facilities, congregate living
health facilities, and nursing facilities, community care facilities
providing residential care or offering adult day programs,
residential care facilities for the elderly, and adult
day health care centers to develop, implement, comply with, and
review annually a safety plan , as specified, for the
purpose of addressing issues that arise when a patient ,
resident, or participant , as applicable, is missing
from the facility. The bill would require the plan to include a
requirement that an administrator of the facility, or his or her
designee, inform designated relatives or caretakers, or both, who are
authorized to receive information regarding that
a patient , resident, or
participant, when a that patient ,
resident, or participant is missing from the facility and to
include when the circumstances in which
local law enforcement should must be
notified. Because negligent, repeated, or willful violations of these
provisions would be misdemeanors, 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.
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 1279.8 is added to the Health and Safety Code,
to read:
1279.8. Every health facility, as defined in subdivision (d),
(e), (g), (h), (i), (k), or (m) of Section 1250, shall , for the
purp ose of addressing issues that arise when a patient
is missing from the facility, develop, implement, comply with,
and review annually a patient safety plan for the purpose of
addressing issues that arise when a patient is missing from the
facility , either as a stand-alone plan or as part of
the written plans and procedures that are required pursuant to
federal or state law . The plan shall include a requirement
that an administrator of the facility, or his or her designee, inform
designated relatives or caretakers, or both, who are authorized to
receive information regarding that a
patient, when a that patient is missing
from the facility. The plan shall include when
the circumstances in which an administrator of the
facility, or his or her designee, should
shall notify local law enforcement when a patient is missing
from the facility.
SEC. 2. Section 1507.15 is added to the Health and Safety Code, to
read:
1507.15. Every community care facility that provides
residential care or offers an adult day program , or both,
shall , for the purpose of addressing issues that arise
when a resident or an adult day program participant is missing from
the facility, develop, implement, comply with, and review
annually a resident or participant safety plan
for the purpose of addressing issues that arise when an adult day
program participant is missing from the facility ,
either as a stand-alone plan or as part of the written Needs and
Services Plan . The plan shall include a requirement that an
administrator of the facility, or his or her designee, inform
designated relatives or caretakers, or both, who are authorized to
receive information regarding that a resident
or participant, when an adult day program
that resident or participant is missing from the facility.
The plan shall include when the
circumstances in which an administrator of the facility, or his
or her designee, should shall notify
local law enforcement when an adult day program
a resident or participant is missing from the facility.
SEC. 3. Section 1569.317 is added to the Health and
Safety Code, to read:
1569.317. Every residential care facility for the elderly, as
defined in Section 1569.2, shall, for the purpose of addressing
issues that arise when a resident is missing from the facility,
develop, implement, comply with, and review annually a resident
safety plan, either as a stand-alone plan or as part of the written
record of the care the resident will receive in the facility, as
described in Section 1569.80. The plan shall include a requirement
that an administrator of the facility, or his or her designee, inform
designated relatives or caretakers, or both, who are authorized to
receive information regarding a resident, when that resident is
missing from the facility. The plan shall include the circumstances
in which an administrator of the facility, or his or her designee,
shall notify local law enforcement when a resident is missing from
the facility.
SEC. 3. SEC. 4. Section 1584.5 is
added to the Health and Safety Code, to read:
1584.5. Every adult day health care center shall , for the
purpose of addressing issues that arise when an adult day health care
participant is missing from the facility, develop,
implement, comply with, and review annually a participant safety plan
for the purpose of addressing issues that arise when an
adult day health care participant is missing from the facility
, either as a stand-alone plan or as part of the
individual plan of care, as defined in Section 1570.7 . The
plan shall include a requirement that an administrator of the
facility, or his or her designee, inform designated relatives or
caretakers, or both, who are authorized to receive information
regarding that a participant, when
an adult day health care that
participant is missing from the facility. The plan shall include
when the circumstances in which an
administrator of the facility, or his or her designee,
should shall notify local law enforcement when
an adult day health care a participant
is missing from the facility.
SEC. 4. SEC. 5. 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.