BILL NUMBER: AB 620 CHAPTERED
BILL TEXT
CHAPTER 674
FILED WITH SECRETARY OF STATE OCTOBER 9, 2013
APPROVED BY GOVERNOR OCTOBER 9, 2013
PASSED THE SENATE SEPTEMBER 9, 2013
PASSED THE ASSEMBLY SEPTEMBER 10, 2013
AMENDED IN SENATE SEPTEMBER 5, 2013
AMENDED IN SENATE AUGUST 15, 2013
AMENDED IN SENATE JULY 11, 2013
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, 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 adult residential care or offering adult day
programs, residential care facilities for the elderly, and adult day
health care centers to develop and comply with an absentee
notification plan 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 and be
limited to a requirement that an administrator of the facility, or
his or her designee, inform the patient's, resident's, or participant'
s authorized representative when that patient, resident, or
participant is missing from the facility, except under specified
circumstances, and the circumstances in which an administrator of the
facility, or his or her designee, shall notify local law
enforcement. Because 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.
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. (a) Every health facility, as defined in subdivision (c),
(d), (e), (g), (h), (i), or (m) of Section 1250, shall, for the
purpose of addressing issues that arise when a patient is missing
from the facility, develop and comply with an absentee notification
plan as part of the written plans and procedures that are required
pursuant to federal or state law. The plan shall include and be
limited to the following: a requirement that an administrator of the
facility, or his or her designee, inform the patient's authorized
representative when that patient is missing from the facility and 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.
(b) This section shall not apply to state hospitals under the
jurisdiction of the State Department of State Hospitals when the
executive director of the state hospital, or his or her designee,
determines that informing the patient's authorized representative
that a patient is missing will create a risk to the safety and
security of the state hospital.
SEC. 2. Section 1507.15 is added to the Health and Safety Code, to
read:
1507.15. Every community care facility that provides adult
residential care or offers an adult day program shall, for the
purpose of addressing issues that arise when an adult resident or an
adult day program participant is missing from the facility, develop
and comply with an absentee notification plan for each resident or
participant. The plan shall be part of the written Needs and Services
Plan. The plan shall include and be limited to the following: a
requirement that an administrator of the facility, or his or her
designee, inform the resident's or participant's authorized
representative when that resident or participant is missing from the
facility and 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 and comply with an absentee notification plan 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 and be
limited to the following: a requirement that an administrator of the
facility, or his or her designee, inform the resident's authorized
representative when that resident is missing from the facility and
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 and comply with an
absentee notification plan, as part of the individual plan of care,
as defined in Section 1570.7. The plan shall include and be limited
to the following: a requirement that an administrator of the
facility, or his or her designee, inform the participant's authorized
representative when that participant is missing from the facility
and 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.