BILL NUMBER: AB 1312 INTRODUCED
BILL TEXT
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) (1) The state
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 state
department to exercise the powers and perform the duties conferred
upon it by this chapter, not inconsistent with any statute
of this state other law including, but not
limited to, the State California
Building Standards Law , Part (Part 2.5
(commencing with Section 18901) of Division 13.
13).
All
(2) All 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until altered, amended, or repealed by the director or pursuant to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 state 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 state
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.
(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.