BILL NUMBER: AB 620	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 27, 2013
	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  skilled  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 a patient, resident, or participant, when that patient,
resident, or participant is missing from the facility and to include
the circumstances in which local law enforcement 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 
(c),  (d), (e), (g), (h), (i),  (k),  or (m) of
Section 1250, shall, for the purpose of addressing issues that arise
when a patient is missing from the facility, develop, implement,
comply with, and review annually a patient safety plan, 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 a patient, when that
patient 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 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, 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 a resident or participant, when that
resident or participant 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 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. 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, 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 a participant, when that participant 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 participant is missing from
the facility.
  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.