BILL NUMBER: AB 1312 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 9, 2013
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
standards. standards of practice.
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 adopted by
a recognized state or national associations
association, when the state or national association and its
outdated standards are already named in the regulations, by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remain in full force and effect until altered, amended, or repealed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 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 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 developed
adopted by a recognized state or national
associations 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 by posting those standards 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 on the department's
Internet Web site. Notice of the department's proposed adoption of
the state or national association's health care standards
of practice 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 state or
national association's health care standards of practice
. 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.