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.