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) Page 1 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.