Amended in Assembly April 16, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 974


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 amended, 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 thatbegin insert,end insert prior to a transfer of a patient for a nonmedical reason, the hospital ask the patient if there isbegin delete an emergencyend deletebegin insert a preferredend insert contact person who should be notified, andbegin insert make a reasonable attempt toend insert contact that person and alert him or her about the proposed transfer, andbegin insert,end insert if the patient is not able to respond,begin insert requireend insert that the hospital make a reasonable effort to ascertain the identity of thebegin delete emergencyend deletebegin insert preferredend insert contact person or the next of kin and alertbegin delete the contactend deletebegin insert him or herend insert about the transfer.begin delete By changing the definition of an existingend deletebegin insert Because a knowing and intentional violation of these requirements would be aend insert 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:

P2    1

SECTION 1.  

Section 1317.2 of the Health and Safety Code is
2amended to read:

3

1317.2.  

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)  Allbegin insert ofend insert the person’s pertinent medical records and copies of
25all the appropriate diagnostic test resultsbegin delete whichend deletebegin insert thatend insert 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,
P3    1sex, race, age, insurance status, and medical condition; the name
2and address of the transferring physician and surgeon or emergency
3department personnel authorizing the transfer; the time and date
4the person was first presented at the transferring hospital; the name
5of the physician and surgeon at the receiving hospital consenting
6to the transfer and the time and date of the consent; the time and
7date of the transfer; the reason for the transfer; and the declaration
8of the signor that the signor is assured, within reasonable medical
9probability, that the transfer creates no medical hazard to the
10patient. Neither the transferring physician and surgeon nor
11transferring hospital shall be required to duplicate, in the “Transfer
12Summary,” information contained in medical records transferred
13with the person.

14(g)  The transfer conforms with regulations established by the
15state department. These regulations may prescribe minimum
16protocols for patient transfers.

17(h) The patient is first asked if there isbegin delete an emergencyend deletebegin insert a preferredend insert
18 contact person who should be notified, and prior to the transfer,
19the hospitalbegin delete contactsend deletebegin insert makes a reasonable attempt to contactend insert that
20person andbegin delete alertsend deletebegin insert alertend insert him or her about the proposed transfer. If
21the patient is not able to respond, the hospital shall make a
22reasonable effort to ascertain the identity of the begin deleteemergency end delete
23begin insertpreferred end insertcontact person or the next of kin and alertbegin delete the contactend delete
24begin insert him or her end insert about the transfer.

25(i) Nothing in this section shall apply to a transfer of a patient
26for medical reasons.

27(j) Nothing in this section shall prohibit the transfer or discharge
28of a patient when the patient or the patient’s representative requests
29a transfer or discharge and gives informed consent to the transfer
30or discharge against medical advice.

31

SEC. 2.  

No reimbursement is required by this act pursuant to
32Section 6 of Article XIII B of the California Constitution because
33the only costs that may be incurred by a local agency or school
34district will be incurred because this act creates a new crime or
35infraction, eliminates a crime or infraction, or changes the penalty
36for a crime or infraction, within the meaning of Section 17556 of
37the Government Code, or changes the definition of a crime within
P4    1the meaning of Section 6 of Article XIII B of the California
2Constitution.



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