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, with respect to this patient classification system, require that a committee for each general acute care hospital review the
reliability of this system for validating staffing requirements at least annually to determine whether the system accurately measures patient care needs. The bill would require that at least 50% of the committee members be registered nurses who provide direct patientbegin delete care, as defined.end deletebegin insert care.end insert The bill would require that these nurses be appointed by the bargaining agent of the registered nurses, if any, and in the absence of a bargaining agent, by the nursing administrator. The bill would require the remaining members of the committee to be appointed by the nursing administrator. By changing the definition of an existing crime, this bill would impose abegin delete state-mandateend deletebegin insert
state-mandatedend insert local program.
This bill would state that it is the Legislature’s intent in enacting this bill to supersede specified provisions of a certain regulation, and not to affect any other provisionbegin delete in that regulation.end deletebegin insert of law.end insert
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 1276.45 is added to the Health and Safety
2Code, immediately following Section 1276.4, to read:
(a) With respect to the patient classification system
4begin delete established pursuant toend deletebegin insert referenced inend insert subdivision (b) of Section
51276.4, a committee for each general acute care hospital shall
6review the reliability of this system for validating staffing
7requirements at least annually to determine whether or not the
8system accurately measures patient care needs.
9(b) (1) At least 50 percent of the committee members shall be
10registered nurses who provide direct patient care. These registered
11nurses
shall be appointed by the bargaining agent of the registered
12nurses, if any, and in the absence of a bargaining agent, shall be
13appointed by the nursing administrator.
14(2) The remaining members of the committee shall be appointed
15by the nursing administrator.
16(3) For purposes of this subdivision, “direct patient
care” means
17caring directly for patients for a minimum of 50 percent of the
18registered nurse’s work time.
It is the intent of the Legislature in enacting Section
201276.45 of the Health and Safety Code to supersede subdivisions
21(e) and (f) of Section 70217 of Title 22 of the California Code of
P3 1Regulations, and not to affect any other provisionbegin delete in that regulation.end delete
2begin insert of law.end insert
No reimbursement is required by this act pursuant to
4Section 6 of Article XIII B of the California Constitution because
5the only costs that may be incurred by a local agency or school
6district will be incurred because this act creates a new crime or
7infraction, eliminates a crime or infraction, or changes the penalty
8for a crime or infraction, within the meaning of Section 17556 of
9the Government Code, or changes the definition of a crime within
10the meaning of Section 6 of Article XIII B of the California
11Constitution.
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