SB 455, as introduced, Hernandez. General acute care hospitals: patient classification system.
Existing law establishes the State Department of Public Health and sets forth its powers and duties, including, but not limited to, the licensing and regulation of health facilities, as defined.
Existing law requires the department to adopt regulations governing the operation of a health facility, including, but not limited to, regulations that require prescribed health facilities to meet minimum nurse-to-patient ratios, and to assign additional staff according to a documented patient classification system for determining nursing care requirements. Violation of these provisions, or willful or repeated violation of the rules or regulations, is a crime.
This bill would require the department to adopt, and periodically amend as needed, regulations to require every general acute care hospital to establish and maintain a patient classification system designed to accurately measure a patient’s care needs. The bill would require the regulations to require appointment of a review committee to review and approve the reliability of the system, and review and updating of the system at least annually. By changing the definition of an existing crime, this bill would impose a state-mandate local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 1276.35 is added to the Health and Safety
2Code, immediately following Section 1276.3, to read:
(a) The State Department of Public Health shall adopt
4regulations that require every health facility licensed pursuant to
5subdivision (a) of Section 1250 to do all of the following:
6(1) Establish and maintain a patient classification system
7designed to accurately measure a patient’s care needs.
8(2) Establish a patient classification system review committee
9to review and approve the reliability of the patient classification
10system, as follows:
11(A) The review committee shall be appointed by the nursing
12administration of the facility, except as set forth in subparagraph
13(C).
14(B) At least one-half of the membership of the review committee
15shall be composed of registered nurses who provide direct patient
16care.
17(C) If the registered nurses are represented by a collective
18bargaining agent, the registered nurses shall be appointed by the
19bargaining agent.
20(3) The patient classification system shall be reviewed and
21updated at least annually.
22(b) The department shall periodically review and update its
23regulations, as needed.
No reimbursement is required by this act pursuant to
25Section 6 of Article XIII B of the California Constitution because
26the only costs that may be incurred by a local agency or school
27district will be incurred because this act creates a new crime or
28infraction, eliminates a crime or infraction, or changes the penalty
29for a crime or infraction, within the meaning of Section 17556 of
30the Government Code, or changes the definition of a crime within
P3 1the meaning of Section 6 of Article XIII B of the California
2Constitution.
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