BILL NUMBER: AB 974	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Hall

                        FEBRUARY 22, 2013

   An act to amend Section 1317.2 of the Health and Safety Code,
relating to health facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 1317.2 of the Health and Safety Code is amended
to read:
   1317.2.  No person needing emergency services and care may be
transferred from a hospital to another hospital for any nonmedical
reason (such as the person's inability to pay for any emergency
service or care) unless each of the following conditions are met:
   (a)  The person is examined and evaluated by a physician and
surgeon, including, if necessary, consultation, prior to transfer.
   (b)  The person has been provided with emergency services and care
so that it can be determined, within reasonable medical probability,
that the transfer or delay caused by the transfer will not create a
medical hazard to the person.
   (c)  A physician and surgeon at the transferring hospital has
notified and has obtained the consent to the transfer by a physician
and surgeon at the receiving hospital and confirmation by the
receiving hospital that the person meets the hospital's admissions
criteria relating to appropriate bed, personnel, and equipment
necessary to treat the person.
   (d)  The transferring hospital provides for appropriate personnel
and equipment which a reasonable and prudent physician and surgeon in
the same or similar locality exercising ordinary care would use to
effect the transfer.
   (e)  All the person's pertinent medical records and copies of all
the appropriate diagnostic test results which are reasonably
available are transferred with the person.
   (f)  The records transferred with the person include a "Transfer
Summary" signed by the transferring physician and surgeon which
contains relevant transfer information. The form of the "Transfer
Summary" shall, at a minimum, contain the person's name, address,
sex, race, age, insurance status, and medical condition; the name and
address of the transferring physician and surgeon or emergency
department personnel authorizing the transfer; the time and date the
person was first presented at the transferring hospital; the name of
the physician and surgeon at the receiving hospital consenting to the
transfer and the time and date of the consent; the time and date of
the transfer; the reason for the transfer; and the declaration of the
signor that the signor is assured, within reasonable medical
probability, that the transfer creates no medical hazard to the
patient. Neither the transferring physician and surgeon nor
transferring hospital shall be required to duplicate, in the
"Transfer Summary," information contained in medical records
transferred with the person.
   (g)  The transfer conforms with regulations established by the
state department. These regulations may prescribe minimum protocols
for patient transfers. 
   (h) The patient is first asked if there is an emergency contact
person who should be notified, and prior to the transfer, the
hospital contacts that person and alerts him or her about the
proposed transfer. If the patient is not able to respond, the
hospital shall 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.  
   (h) 
    (i)  Nothing in this section shall apply to a transfer
of a patient for medical reasons. 
   (i) 
    (j)  Nothing in this section shall prohibit the transfer
or discharge of a patient when the patient or the patient's
representative requests a transfer or discharge and gives informed
consent to the transfer or discharge against medical advice.
  SEC. 2.  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.