California Legislature—2013–14 Regular Session

Assembly Bill No. 1312

Introduced by Assembly Member Brown

February 22, 2013

An act to amend Section 1275 of the Health and Safety Code, relating to health facilities.

LEGISLATIVE COUNSEL’S DIGEST

AB 1312, as introduced, Brown. Health facilities: health care standards.

Existing law provides for the licensure and regulation of health facilities by the State Department of Public Health. Existing law requires the department to adopt, amend, or repeal any reasonable rules and regulations as may be necessary and proper to carry out the purposes and intent of the provisions governing the licensure of health facilities and to enable the department to exercise its powers and perform its duties.

This bill would authorize the department to, without taking regulatory action, update references in regulations to health care standards of practice developed by recognized state or national associations by posting on its Internet Web site in accordance with specified notice, public comment, and hearing requirements.

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

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

SECTION 1.  

Section 1275 of the Health and Safety Code is
amended to read:

1275.  

(a)  begin insert (1) end insert begin insert   end insert The begin delete state end delete department shall adopt, amend, or
repeal, in accordance with Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code
and Chapter 4 (commencing with Section 18935) of Part 2.5 of
Division 13, any reasonable rules and regulations as may be
necessary or proper to carry out the purposes and intent of this
chapter and to enable the begin delete state end delete department to exercise the powers
and perform the duties conferred upon it by this chapter, not
inconsistent with any begin delete statute of this state end delete begin insert other law end insert including, but
not limited to, the begin delete State end delete begin insert California end insert Building Standards Law begin delete , Part end delete
begin insert (Part end insert 2.5 (commencing with Section 18901) of Division begin delete 13. end delete begin insert 13). end insert

begin delete

All

end delete

begin insert (2) end insert begin insert   end insert begin insert All end insert regulations in effect on December 31, 1973, which were
adopted by the State Board of Public Health, the State Department
of Public Health, the State Department of Mental Hygiene, or the
State Department of Health relating to licensed health facilities
shall remain in full force and effect until altered, amended, or
repealed by the director or pursuant to Section 25 or other
provisions of law.

(b) Notwithstanding this section or any other provision of law,
the Office of Statewide Health Planning and Development shall
adopt and enforce regulations prescribing building standards for
the adequacy and safety of health facility physical plants.

(c) The building standards adopted by the State Fire Marshal,
and the Office of Statewide Health Planning and Development
pursuant to subdivision (b), for the adequacy and safety of
freestanding physical plants housing outpatient services of a health
facility licensed under subdivision (a) or (b) of Section 1250 shall
not be more restrictive or comprehensive than the comparable
building standards established, or otherwise made applicable, by
the State Fire Marshal and the Office of Statewide Health Planning
and Development to clinics and other facilities licensed pursuant
to Chapter 1 (commencing with Section 1200).

(d) Except as provided in subdivision (f), the licensing standards
adopted by the begin delete state end delete department under subdivision (a) for outpatient
services located in a freestanding physical plant of a health facility
licensed under subdivision (a) or (b) of Section 1250 shall not be
more restrictive or comprehensive than the comparable licensing
standards applied by the begin delete state end delete department to clinics and other
facilities licensed under Chapter 1 (commencing with Section
1200).

(e) Except as provided in subdivision (f), the state agencies
specified in subdivisions (c) and (d) shall not enforce any standard
applicable to outpatient services located in a freestanding physical
plant of a health facility licensed pursuant to subdivision (a) or (b)
of Section 1250, to the extent that the standard is more restrictive
or comprehensive than the comparable licensing standards applied
to clinics and other facilities licensed under Chapter 1
(commencing with Section 1200).

(f) All health care professionals providing services in settings
authorized by this section shall be members of the organized
medical staff of the health facility to the extent medical staff
membership would be required for the provision of the services
within the health facility. All services shall be provided under the
respective responsibilities of the governing body and medical staff
of the health facility.

(g) For purposes of this section, “freestanding physical plant”
means any building which is not physically attached to a building
in which inpatient services are provided.

begin insert

(h) Notwithstanding any other law, the department may, without
taking regulatory action pursuant to Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code, update references in the California Code of
Regulations to health care standards of practice developed by
recognized state or national associations by posting those
standards on the department’s Internet Web site. Notice of the
department’s proposed adoption of health care standards shall be
posted on its Internet Web site for at least 45 days. Public comment
shall be accepted by the department for at least 30 days after the
conclusion of the 45-day posting period. If a member of the public
requests a public hearing during the public comment period, the
hearing shall be held and comments shall be considered prior to
the adoption of the health care standards. If no member of the
public requests a public hearing, the department shall consider
any comments received during the public comment period prior
to the adoption of the health care standards. Written responses to
public comments shall not be required.

end insert