BILL NUMBER: AB 974	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 2, 2013
	AMENDED IN ASSEMBLY  APRIL 16, 2013

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 that, prior to a transfer of
a patient for a nonmedical reason, the hospital ask the patient if
there is a preferred contact person  who should 
 to  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.
 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.  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 1.  Section 1317.2 of the Health and Safety Code is amended
to read:
   1317.2.   No   A  person needing
emergency services and care  may   shall not
 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   that  a reasonable
and prudent physician and surgeon in the same or similar locality
exercising ordinary care would use to effect the transfer.
   (e)  All of the person's pertinent medical records and copies of
all the appropriate diagnostic test results that 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   that  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   shall be 
asked if there is a preferred contact person  who should
  to  be notified  ,  and  ,
 prior to the transfer, the hospital  makes 
 shall make  a reasonable attempt to contact that person and
alert him or her about the proposed transfer  , in accordance
with subdivision (b) of Section 56.1007 of the Civil Code  . If
the patient is not able to respond, the hospital shall 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
 ,   in accordance with subdivision (b) of Section
56.1007 of the Civil Code. The hospital shall document in the patient'
s medical record any attempts to contact a preferred contact person
or next of kin  .
   (i)  Nothing in this   This  section
shall  not  apply to a transfer of a patient for medical
reasons.
   (j)  Nothing in this   This  section
shall  not  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.