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 that, prior to a transfer of a patient for a nonmedical reason, the hospital ask the patient if there is a preferred contact personbegin delete who shouldend deletebegin insert toend insert be notified, and make a reasonable attempt to
contact that person and alert him or her about the proposed transfer, and, if the patient is not able to respond, require that the hospital make a reasonable effort to ascertain the identity of the preferred contact person or the next of kin and alert him or her about the transfer.begin insert The bill would require that the hospital document any attempts to contact a preferred contact person or next of kin in the patient’s medical record.end insert
Because a knowing and intentional violation of these requirements would be a 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:
begin deleteNo end deletebegin insertA end insertperson needing emergency services and carebegin delete mayend delete
4begin insert shall notend insert be 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 equipmentbegin delete whichend deletebegin insert
thatend insert 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 of the person’s pertinent medical records and copies of
25all the appropriate diagnostic test results that are reasonably
26available are transferred with the person.
P3 1(f) The records transferred with the person include a “Transfer
2Summary” signed by the transferring physician and surgeonbegin delete whichend delete
3begin insert
that end insert contains relevant transfer information. The form of the
4“Transfer Summary” shall, at a minimum, contain the person’s
5name, address, sex, race, age, insurance status, and medical
6condition; the name and address of the transferring physician and
7surgeon or emergency department personnel authorizing the
8transfer; the time and date the person was first presented at the
9transferring hospital; the name of the physician and surgeon at the
10receiving hospital consenting to the transfer and the time and date
11of the consent; the time and date of the transfer; the reason for the
12transfer; and the declaration of the signor that the signor is assured,
13within reasonable medical probability, that the transfer creates no
14medical hazard to the patient. Neither the transferring physician
15and surgeon nor transferring hospital shall be required to duplicate,
16in the “Transfer Summary,”
information contained in medical
17records transferred with the person.
18(g) The transfer conforms with regulations established by the
19state department. These regulations may prescribe minimum
20protocols for patient transfers.
21(h) The patientbegin delete is firstend deletebegin insert shall beend insert asked if there is a preferred
22contact personbegin delete who shouldend deletebegin insert
toend insert be notifiedbegin delete,end delete andbegin insert,end insert prior to the transfer,
23the hospitalbegin delete makesend deletebegin insert shall makeend insert a reasonable attempt to contact that
24person and alert him or her about the proposed transferbegin insert, in
25accordance with subdivision (b) of Section 56.1007 of the Civil
26Codeend insert. If the patient is not able to respond, the hospital shall make
27a reasonable effort to ascertain the identity of the preferred contact
28person or the next of kin and alert him or her about the transferbegin insert,
29 in accordance with subdivision (b) of Section 56.1007 of the Civil
30Code. The hospital shall document in the patient’s medical record
31any attempts to contact a preferred contact person or next of kinend insert.
32(i) begin deleteNothing in this end deletebegin insertThis end insertsection shallbegin insert notend insert apply to a transfer of
33a patient for medical reasons.
34(j) begin deleteNothing in this end deletebegin insertThis end insertsection shallbegin insert
notend insert prohibit the transfer or
35discharge of a patient when the patient or the patient’s
36representative requests a transfer or discharge and gives informed
37consent to the transfer or discharge against medical advice.
No reimbursement is required by this act pursuant to
39Section 6 of Article XIII B of the California Constitution because
40the only costs that may be incurred by a local agency or school
P4 1district will be incurred because this act creates a new crime or
2infraction, eliminates a crime or infraction, or changes the penalty
3for a crime or infraction, within the meaning of Section 17556 of
4the Government Code, or changes the definition of a crime within
5the meaning of Section 6 of Article XIII B of the California
6Constitution.
O
97