BILL ANALYSIS Ó
Senate Appropriations Committee Fiscal Summary
Senator Kevin de León, Chair
AB 980 (Pan) - Primary care clinics: abortion.
Amended: July 10, 2013 Policy Vote: Health 7-2
Urgency: No Mandate: No
Hearing Date: August 26, 2013
Consultant: Brendan McCarthy
This bill does not meet the criteria for referral to the
Suspense File.
Bill Summary: AB 980 would require the California Building
Standards Commission to adopt emergency regulations to delete a
provision of the 2013 California Building Standards Code that
establishes building standards for primary care clinics that
provide abortion services. The bill would prohibit the
Commission from adopting any building code standards for clinics
providing certain abortion services that differ from
construction standards for other primary care clinics.
Fiscal Impact:
Minor costs to the Office of Statewide Health Planning and
Development and the Building Standards Commission to develop
and adopt emergency regulations (Hospital Building Fund and
Building Standard Administration Special Revolving Fund).
One-time costs of about $130,000 per year for two years for
the Department of Public Health to review and revise any
existing regulations that may be in conflict with the
requirements of the bill (Licensing and Certification
Program Fund).
Background: Under current law, the Building Standards Commission
adopts building standards proposed by state agencies that have
specific regulatory oversight responsibilities. The Office of
Statewide Health Planning and Development has statutory
responsibility for developing building standards for health
facilities, including primary care clinics.
Current regulations require primary care clinics to meet certain
building standards, relating to general construction standards,
plumbing, ventilation, and equipment. As part of the development
AB 980 (Pan)
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of the new 2013 California Building Standards Code, the Office
of Statewide Health Planning and Development proposed to create
a new subcategory of primary care clinics that would be exempt
from certain existing building standards for primary care
clinics. The proposed new subcategory of primary care clinics
would not include primary care clinics that perform abortion
services. Thus, under the new building standards, primary care
clinics that perform abortion services will continue to need to
meet the existing building standards.
The 2013 California Building Standards Code will go into effect
on January 1, 2014.
Proposed Law: AB 980 would require the California Building
Standards Commission to adopt emergency regulations to delete a
provision of the 2013 California Building Standards Code that
establishes building standards for primary care clinics that
provide abortion services. The emergency regulations adopted
under the bill would be exempt from the requirements of the
Administrative Procedure Act and would be permanent upon
adoption.
The bill would prohibit the Commission from adopting any
building code standards for clinics providing certain abortion
services that differ from construction standards for other
primary care clinics.
The bill would require the Department of Public Health to revise
or repeal any regulations relating to abortion services in
primary care clinics to ensure that the regulations are
consistent with applicable law and medical standards of care.
Related Legislation: AB 154 (Atkins) would authorize certain
nurse practitioners, certified nurse midwives, and physician
assistants to perform aspiration abortions. That bill is on the
Senate Floor.