AB 974, as introduced, Hall. Patient transfer: nonmedical reasons: notice to contact person or next of kin.
Existing law establishes the State Department of Public Health and sets forth its powers and duties, including, but not limited to, the licensing and regulation of health facilities, as defined. Existing law prohibits the transfer of a person needing emergency services from one hospital to another for any nonmedical reason unless prescribed conditions are met. A knowing and intentional violation of those provisions is a crime.
This bill would, in addition, require that prior to a transfer of a patient for a nonmedical reason, the hospital ask the patient if there is an emergency contact person who should be notified, and contact that person and alert him or her about the proposed transfer, and if the patient is not able to respond, that the hospital make a reasonable effort to ascertain the identity of the emergency contact person or the next of kin and alert the contact about the transfer. By changing the definition of an existing crime, this 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 1317.2 of the Health and Safety Code is
2amended to read:
No person needing emergency services and care may
4be transferred from a hospital to another hospital for any
5nonmedical reason (such as the person’s inability to pay for any
6emergency service or care) unless each of the following conditions
7are met:
8(a) The person is examined and evaluated by a physician and
9surgeon, including, if necessary, consultation, prior to transfer.
10(b) The person has been provided with emergency services and
11care so that it can be determined, within reasonable medical
12probability, that the transfer or delay caused by the transfer will
13not create a medical hazard to the person.
14(c) A
physician and surgeon at the transferring hospital has
15notified and has obtained the consent to the transfer by a physician
16and surgeon at the receiving hospital and confirmation by the
17receiving hospital that the person meets the hospital’s admissions
18criteria relating to appropriate bed, personnel, and equipment
19necessary to treat the person.
20(d) The transferring hospital provides for appropriate personnel
21and equipment which a reasonable and prudent physician and
22surgeon in the same or similar locality exercising ordinary care
23would use to effect the transfer.
24(e) All the person’s pertinent medical records and copies of all
25the appropriate diagnostic test results which are reasonably
26available are transferred with the person.
27(f) The records transferred with the person include a “Transfer
28Summary” signed by the
transferring physician and surgeon which
29contains relevant transfer information. The form of the “Transfer
30Summary” shall, at a minimum, contain the person’s name, address,
31sex, race, age, insurance status, and medical condition; the name
32and address of the transferring physician and surgeon or emergency
33department personnel authorizing the transfer; the time and date
P3 1the person was first presented at the transferring hospital; the name
2of the physician and surgeon at the receiving hospital consenting
3to the transfer and the time and date of the consent; the time and
4date of the transfer; the reason for the transfer; and the declaration
5of the signor that the signor is assured, within reasonable medical
6probability, that the transfer creates no medical hazard to the
7patient. Neither the transferring physician and surgeon nor
8transferring hospital shall be required to duplicate, in the “Transfer
9Summary,” information contained in medical records transferred
10with the person.
11(g) The transfer conforms with regulations established by the
12state department. These regulations may prescribe minimum
13protocols for patient transfers.
14(h) The patient is first asked if there is an emergency contact
15person who should be notified, and prior to the transfer, the
16hospital contacts that person and alerts him or her about the
17proposed transfer. If the patient is not able to respond, the hospital
18shall make a reasonable effort to ascertain the identity of the
19emergency contact person or the next of kin and alert the contact
20about the transfer.
21(h)
end delete
22begin insert(i)end insert Nothing in this section shall apply to a transfer of a patient
23for medical reasons.
24(i)
end delete
25begin insert(j)end insert Nothing in this section shall prohibit the transfer or discharge
26of a patient when the patient or the patient’s representative requests
27a transfer or discharge and gives informed consent to the transfer
28or discharge against medical advice.
No reimbursement is required by this act pursuant to
30Section 6 of Article XIII B of the California Constitution because
31the only costs that may be incurred by a local agency or school
32district will be incurred because this act creates a new crime or
33infraction, eliminates a crime or infraction, or changes the penalty
34for a crime or infraction, within the meaning of Section 17556 of
35the Government Code, or changes the definition of a crime within
36the meaning of Section 6 of Article XIII B of the California
37Constitution.
O
99