BILL NUMBER: SB 455	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 16, 2013

INTRODUCED BY   Senator Hernandez

                        FEBRUARY 21, 2013

   An act to add Section 1276.35 to the Health and Safety Code,
relating to health facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 455, as amended, 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   for establishing staffing
requirements by unit, patient, and shift, and to establish 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 1.  Section 1276.35 is added to the Health and Safety Code,
immediately following Section 1276.3, to read:
   1276.35.  (a) The State Department of Public Health shall 
adopt   regulations that  require every
health facility licensed pursuant to subdivision (a) of Section 1250
to do all of the following:
   (1) Establish and maintain a patient classification system
 designed to accurately measure a patient's care needs
  for establishing staffing requirements by unit,
patient, and shift  .
   (2) Establish a patient classification system review committee to
review  and approve  the reliability of the patient
classification system, as follows:
   (A) The review committee shall be appointed by the nursing
administration of the facility, except as set forth in subparagraph
(C).
   (B) At least one-half of the membership of the review committee
shall be composed of registered nurses who provide direct patient
care.
   (C) If the registered nurses are represented by a collective
bargaining agent, the registered nurses shall be appointed by the
bargaining agent.
   (3) The patient classification system shall be reviewed 
and updated  at least annually.
   (b)  The department shall periodically review and update
its regulations, as needed.   No new regulations are
required or authorized for implementation of this section. 
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.