Amended in Senate July 10, 2013

Amended in Senate June 19, 2013

Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 980


Introduced by Assembly Member Pan

begin insert

(Coauthor: Assembly Member Atkins)

end insert

February 22, 2013


An act to add Section 18944.18 to the Health and Safety Code, relating to health care facilities.

LEGISLATIVE COUNSEL’S DIGEST

AB 980, as amended, Pan. Primary care clinics: abortion.

Existing law requires the California Building Standards Commission to codify all building standards of adopting agencies or state agencies that propose the building standards and statutes defining building standards into one California Building Standards Code. Existing law requires the commission to publish, or cause to be published, editions of the building standards code in its entirety once every 3 years.

This bill would require the commission, in conjunction with the Office of Statewide Health Planning and Development, to adopt emergency regulations to repeal a specific portion of the 2013 Triennial Edition of the Building Standards Code, and would prohibit the commission from adopting building code standards that establish construction requirements for primary care clinics that provide medication or aspiration abortion services that differ from construction standards applicable to other specified primary care clinics. The bill would require the State Department of Public Healthbegin insert, no later than July 1, 2014,end insert to repealbegin delete specified regulations relating to primary care clinics that provide abortionsend deletebegin insert or revise regulations relating to abortion services in primary care clinics to ensure that any requirements specific to abortion services are consistent with applicable law and medical standards of careend insert.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 18944.18 is added to the Health and
2Safety Code
, to read:

3

18944.18.  

(a) It is the intent of the Legislature to preempt, and
4to render inoperative, Section 1226.7 of the 2013 Triennial Edition
5of the California Building Standards Code.

6(b) Notwithstanding any other law, the California Building
7Standards Commission shall not adopt building code standards
8that establish construction requirements for primary care clinics
9that provide medication or aspiration abortion services that differ
10from construction standards applicable to other primary care clinics
11described in Section 1226.6 of the 2013 Triennial Edition of the
12California Building Standards Code.

13

SEC. 2.  

(a) The California Building Standards Commission,
14in conjunction with the Office of Statewide Health Planning and
15Development, shall adopt emergency regulations to delete Section
161226.7 of the 2013 Triennial Edition of the California Building
17Standards Code, including all cross-references to that section, as
18soon as possible. Notwithstanding the Administrative Procedure
19Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of
20Division 3 of Title 2 of the Government Code), the regulations
21adopted under this subdivision shall become permanent without
22further regulatory action.

23(b) The State Department of Public Health shall, no later than
24July 1, 2014, repealbegin delete regulations inconsistent with this act, including,
25but not limited to Sections 75042, 75043, and 75044 of Title 22
26of the California Code of Regulationsend delete
begin insert or revise regulations relating
27to abortion services in primary care clinics, including those
28contained in Article 5 (commencing with Section 75040) of Chapter
297 of Division 5 of Title 22 of the California Code of Regulations,
30to ensure that any requirements specific to abortion services, if
P3    1any are required, are consistent with applicable law and medical
2standards of careend insert
.



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