Amended in Assembly April 9, 2013

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 amended, Brown. Health facilities: health care begin delete standards. end delete begin insert standards of practice. end insert

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 begin delete developed by end delete begin insert adopted by a end insert recognized state or national begin delete associations end delete begin insert association, when the state or national association and its outdated standards are already named in the regulations, end insert by posting on its Internet Web site in accordance with specified notice, public comment, and hearing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 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 department to exercise the powers and perform the
duties conferred upon it by this chapter, not inconsistent with any
other law including, but not limited to, the California Building
Standards Law (Part 2.5 (commencing with Section 18901) of
Division 13).

(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 begin delete provision of end delete 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 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 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 begin delete developed end delete begin insert adopted end insert
by begin insert a end insert recognized state or national begin delete associations end delete begin insert association when
the same state or national association and its outdated standards
are already named in the California Code of Regulations. The
department may accomplish this end insert by posting begin delete those standards end delete begin insert the
name of the state or national association, the title of the health
care standards of practice, and the version of the updated health
care standards of practice to be adopted end insert on the department’s
Internet Web site. Notice of the department’s proposed adoption
of begin insert the state or national association’s end insert health care standards begin insert of
practice end insert 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 begin insert state or national
association’s end insert health care standards begin insert of practice end insert . 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.