BILL NUMBER: SB 455	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 25, 2013
	AMENDED IN ASSEMBLY  JUNE 10, 2013
	AMENDED IN SENATE  APRIL 16, 2013

INTRODUCED BY   Senator Hernandez

                        FEBRUARY 21, 2013

   An act to add Section 1276.45 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, 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 patient  care, as defined.  
care.  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 a  state-mandate
  state-mandated  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 provision  in that
regulation.   of law. 
   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 1276.45 is added to the Health and Safety Code,
immediately following Section 1276.4, to read:
   1276.45.  (a) With respect to the patient classification system
 established pursuant to   referenced in 
subdivision (b) of Section 1276.4, a committee for each general acute
care hospital shall review the reliability of this system for
validating staffing requirements at least annually to determine
whether or not the system accurately measures patient care needs.
   (b) (1) At least 50 percent of the committee members shall be
registered nurses who provide direct patient care. These registered
nurses shall be appointed by the bargaining agent of the registered
nurses, if any, and in the absence of a bargaining agent, shall be
appointed by the nursing administrator.
   (2) The remaining members of the committee shall be appointed by
the nursing administrator. 
   (3) For purposes of this subdivision, "direct patient care" means
caring directly for patients for a minimum of 50 percent of the
registered nurse's work time. 
  SEC. 2.  It is the intent of the Legislature in enacting Section
1276.45 of the Health and Safety Code to supersede subdivisions (e)
and (f) of Section 70217 of Title 22 of the California Code of
Regulations, and not to affect any other provision  in that
regulation.   of law. 
  SEC. 3.  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.