Amended in Senate September 5, 2013

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

(Coauthor: Assembly Member Atkins)

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 wouldbegin insert state the intent of the Legislature that all primary care clinics, including primary care clinics that provide abortion services, be subject to the same licensing and building standards. The bill wouldend insert require the commission, in conjunction with the Office of Statewide Health Planning and Developmentbegin insert (OSHPD)end insert, tobegin delete adopt emergency regulations toend delete repeal a specificbegin delete portionend deletebegin insert provisionend insert of the 2013 Triennial Edition of the Building Standards Code,begin delete 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.end deletebegin insert as soon as possible, and to repeal certain provisions of the 2013 Triennial Edition of the California Plumbing Code pertaining to licensed clinics. The bill would grant OSHPD emergency regulatory authority to implement these provisions, and would make these regulations permanent without further regulatory action.end insert The bill would require the State Department of Public Health, no later than July 1, 2014, to repealbegin delete or reviseend deletebegin insert certainend insert regulations relating to abortion services in primary carebegin delete clinics to ensure that any requirements specific to abortion services are consistent with applicable law and medical standards of care.end deletebegin insert clinics.end 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    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insert(a)end insertbegin insertend insertbegin insertIt is the intent of the Legislature that all
2primary care clinics, including primary care clinics that provide
3abortion services, be subject to the same licensing and building
4standards.end insert

begin insert

5(b) It is the intent of the Legislature to render unenforceable
6Section 1226.7 of the 2013 Triennial Edition of the California
7Building Standards Code. It is the intent of the Legislature that
8the public agencies charged with authority to enforce Section
91226.7 of the 2013 Triennial Edition of the California Building
10Standards Code not enforce that section.

end insert
11

begin deleteSECTION 1.end delete
12begin insertSEC. 2.end insert  

Section 18944.18 is added to the Health and Safety
13Code
, to read:

begin delete
14

18944.18.  

(a) It is the intent of the Legislature to preempt, and
15to render inoperative, Section 1226.7 of the 2013 Triennial Edition
16of the California Building Standards Code.

17(b) Notwithstanding any other law, the California Building
18Standards Commission shall not adopt building code standards
19that establish construction requirements for primary care clinics
20that provide medication or aspiration abortion services that differ
21from construction standards applicable to other primary care clinics
P3    1described in Section 1226.6 of the 2013 Triennial Edition of the
2California Building Standards Code.

end delete
3begin insert

begin insert18944.18.end insert  

end insert
begin insert

(a) The California Building Standards Commission,
4in conjunction with the Office of Statewide Health Planning and
5Development, shall repeal Section 1226.7 of the 2013 Triennial
6Edition of the California Building Standards Code, including all
7cross-references to that section, as soon as possible. The Office
8of Statewide Health Planning and Development is granted
9emergency regulatory authority to implement this subdivision.
10Notwithstanding the Administrative Procedure Act (Chapter 3.5
11(commencing with Section 11340) of Part 1 of Division 3 of Title
122 of the Government Code), the regulations adopted under this
13 subdivision shall become permanent without further regulatory
14action.

end insert
begin insert

15(b) The California Building Standards Commission, in
16conjunction with the Office of Statewide Health Planning and
17Development, shall repeal the sections of the 2013 Triennial
18Edition of the California Plumbing Code pertaining to licensed
19clinics that were approved by the California Building Standards
20Commission on April 24, 2013. The Office of Statewide Health
21Planning and Development is granted emergency regulatory
22authority to implement this subdivision. Notwithstanding the
23Administrative Procedure Act (Chapter 3.5 (commencing with
24Section 11340) of Part 1 of Division 3 of Title 2 of the Government
25Code), the regulations adopted under this subdivision shall become
26permanent without further regulatory action.

end insert
begin insert

27(c) The State Department of Public Health shall, no later than
28July 1, 2014, repeal the regulations relating to abortion services
29in primary care clinics contained in Article 5 (commencing with
30Section 75040) of Chapter 7 of Division 5 of Title 22 of the
31California Code of Regulations.

end insert
begin delete
32

SEC. 2.  

(a) The California Building Standards Commission,
33in conjunction with the Office of Statewide Health Planning and
34Development, shall adopt emergency regulations to delete Section
351226.7 of the 2013 Triennial Edition of the California Building
36Standards Code, including all cross-references to that section, as
37soon as possible. Notwithstanding the Administrative Procedure
38Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of
39Division 3 of Title 2 of the Government Code), the regulations
P4    1adopted under this subdivision shall become permanent without
2further regulatory action.

3(b) The State Department of Public Health shall, no later than
4July 1, 2014, repeal or revise regulations relating to abortion
5services in primary care clinics, including those contained in Article
65 (commencing with Section 75040) of Chapter 7 of Division 5
7of Title 22 of the California Code of Regulations, to ensure that
8any requirements specific to abortion services, if any are required,
9are consistent with applicable law and medical standards of care.

end delete


O

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