Amended in Assembly August 6, 2013

Amended in Senate May 14, 2013

Amended in Senate April 22, 2013

Amended in Senate April 11, 2013

Senate BillNo. 651


Introduced by Senators Pavley and Leno

(Coauthors: Senators Block, De León, DeSaulnier, Lieu, and Yee)

(Coauthors: Assembly Members Ammiano, Bloom, Blumenfield, Brown, Chesbro, Fox, Frazier, Garcia, Quirk-Silva, Rendon, Ting, and Williams)

February 22, 2013


An actbegin insert to amend Sections 1280.4 and 1418 of, andend insert to add Section 1424.6 tobegin insert,end insert the Health and Safety Code, and to amend Section 4427.5 of, and to add Sections 4313.5 and 4427.7 to, the Welfare and Institutions Code, relating to health and human services.

LEGISLATIVE COUNSEL’S DIGEST

SB 651, as amended, Pavley. Developmental centers and state hospitals.

Existing law establishes the State Department of Developmental Services and sets forth its powers and duties relating to the administration of the state developmental centers. Existing law establishes the State Department of State Hospitals and sets forth its powers and duties relating to the administration of state hospitals.

This bill would require designated investigators of developmental centers and state hospitals tobegin delete authorizeend deletebegin insert requestend insert a sexual assault forensic medical examination for any resident of a developmental center or any resident of a state hospital, as applicable, who is a victim orbegin insert is reasonablyend insert suspectedbegin insert to be aend insert victim of sexual assault, as defined, performed at an appropriate facility off the grounds of the developmental center or state hospital in accordance with specified provisions. The bill would authorize a sexual assault forensic medical examination to be performed at a developmental center or a state hospital by an independent sexual assault forensic examiner designated to perform examinations of victims of sexual assault in the jurisdiction of the developmental center or state hospital only under specified circumstances.

Existing law requires a developmental center to immediately report specified incidents involving a resident to the local law enforcement agency having jurisdiction over the city or county in which the developmental center is located. Existing law provides for the licensure and regulation of health facilities, including long-termbegin insert healthend insert care facilities, as defined, by the State Department of Public Health. Existing law provides for a citation system for the imposition of civil penalties against long-termbegin insert healthend insert care facilities, including penalties specifically applicable to certain skilled nursing facilities and intermediate care facilities, in violation of applicable laws and regulations.

This bill would deem a developmental center’s failure to reportbegin insert an incident that occurs in a distinct part long-term health care facilityend insert to local law enforcement a class Bbegin delete violation, as specified, and subject to the penalties applicable to those certain skilled nursing and intermediate care facilitiesend deletebegin insert violation subject to certain penaltiesend insert, as specified.begin insert The bill would provide that if the incident occurs in the general acute care hospital or acute psychiatric hospital portion of the developmental center, a failure to immediately report the incident would be subject to a civil penalty of $100 for each day the incident is not reported. The bill would make other related changes.end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 1280.4 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
2amended to read:end insert

3

1280.4.  

begin insert(a)end insertbegin insertend insertIf a licensee of a health facility licensed under
4subdivision (a), (b), or (f) of Section 1250 fails to report an adverse
5event pursuant to Section 1279.1, the department may assess the
6licensee a civil penalty in an amount not to exceed one hundred
P3    1dollars ($100) for each day that the adverse event is not reported
2following the initial five-day period or 24-hour period, as
3applicable, pursuant to subdivision (a) of Section 1279.1.begin delete If theend delete

begin insert

4(b) If a licensee of a health facility licensed under subdivision
5(a) or (b) of Section 1250 is required to, and fails to, immediately
6report an incident under subdivision (a) of Section 4427.5 of the
7Welfare and Institutions Code, the department may assess the
8licensee a civil penalty in the amount not to exceed one hundred
9dollars ($100) for each day that the incident was not reported to
10law enforcement.

end insert

11begin insert(c)end insertbegin insertend insertbegin insertIf aend insert licensee disputes a determination by the department
12regardingbegin insert anend insert alleged failure to reportbegin delete an adverse event,end deletebegin insert as described
13in this section,end insert
the licensee may, within 10 days, request a hearing
14pursuant to Sectionbegin delete 100171.end deletebegin insert 131071.end insert Penalties shall be paid when
15appeals pursuant to those provisions have been exhausted.

16begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 1418 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is amended
17to read:end insert

18

1418.  

As used in this chapter:

19(a) “Long-term health care facility” means any facility licensed
20pursuant to Chapter 2 (commencing with Section 1250) that is any
21of the following:

22(1) Skilled nursing facility.

23(2) Intermediate care facility.

24(3) Intermediate care facility/developmentally disabled.

25(4) Intermediate care facility/developmentally disabled
26habilitative.

27(5) Intermediate care facility/developmentally disabled-nursing.

28(6) Congregate living health facility.

29(7) Nursing facility.

30(8) Intermediate care facility/developmentally
31disabled-continuous nursing.

32(b) “Long-term health care facility” also includes a pediatric
33day health and respite care facility licensed pursuant to Chapter
348.6 (commencing with Section 1760).

35(c) “Long-term health care facility” does not include a general
36acute care hospital or an acute psychiatric hospital, except for that
37distinct part of the hospital that provides skilled nursing facility,
38intermediate care facilitybegin insert, intermediate care
39facility/developmentally disabledend insert
, or pediatric day health and
40respite care facility services.

P4    1(d) “Licensee” means the holder of a license issued under
2Chapter 2 (commencing with Section 1250) or Chapter 8.6
3(commencing with Section 1760) for a long-term health care
4facility.

5

begin deleteSECTION 1.end delete
6begin insertSEC. 3.end insert  

Section 1424.6 is added to the Health and Safety Code,
7to read:

8

1424.6.  

Failure by a developmental center to report incidents
9as required under subdivision (a) of Section 4427.5 of the Welfare
10and Institutions Code shall be deemed a class B violationbegin insert if the
11incident occurs in a distinct part long-term health care facility,end insert

12 and shall be subject to the penalties specified in Section 1424.5
13begin insert for distinct part skilled nursing facilities or distinct part
14intermediate care facilities, or Section 1424 for other distinct part
15long-term health care facilitiesend insert
.

16

begin deleteSEC. 2.end delete
17begin insertSEC. 4.end insert  

Section 4313.5 is added to the Welfare and Institutions
18Code
, to read:

19

4313.5.  

(a) Designated investigators of state hospitals shall
20begin delete authorizeend deletebegin insert requestend insert a sexual assault forensic medical examination
21for any resident of a state hospital who is a victim orbegin insert reasonablyend insert
22 suspectedbegin insert to be aend insert victim of sexual assault, as defined in Section
2315610.63, performed at an appropriate facility off the grounds of
24a state hospital in accordance with Sections 13823.5 to 13823.12,
25inclusive, of the Penal Code, which includes, but is not limited to,
26the requirement that the law enforcement agency having
27jurisdiction over the city or county in which the state hospital is
28located be notified by the person performing the sexual assault
29forensic medical examinationbegin insert and that consent is obtainedend insert as
30required bybegin delete subdivision (a)end deletebegin insert subdivisions (a) and (c)end insert of Section
3113823.11 of the Penal Code.

32(b) The sexual assault forensic medical examination described
33in subdivision (a) may be performed at a state hospital by an
34independent sexual assault forensic examiner designated to perform
35examinations of victims of sexual assault in the jurisdiction of the
36state hospital only if it is deemed safer for the victim and the state
37hospital’s examination facilities are equipped with forensic
38examination and evidence collection capability comparable to that
39of the designated community examination facility, as determined
40by the independent sexual assault forensic examiner.

P5    1

begin deleteSEC. 3.end delete
2begin insertSEC. 5.end insert  

Section 4427.5 of the Welfare and Institutions Code
3 is amended to read:

4

4427.5.  

(a) (1) A developmental center shall immediately
5report the following incidents involving a resident to the local law
6enforcement agency having jurisdiction over the city or county in
7which the developmental center is located, regardless of whether
8the Office of Protective Services has investigated the facts and
9circumstances relating to the incident:

10(A) A death.

11(B) A sexual assault, as defined in Section 15610.63.

12(C) An assault with a deadly weapon, as described in Section
13245 of the Penal Code, by a nonresident of the developmental
14center.

15(D) An assault with force likely to produce great bodily injury,
16as described in Section 245 of the Penal Code.

17(E) An injury to the genitals when the cause of the injury is
18undetermined.

19(F) A broken bone, when the cause of the break is undetermined.

20(2) If the incident is reported to the law enforcement agency by
21telephone, a written report of the incident shall also be submitted
22to the agency, within two working days.

23(3) The reporting requirements of this subdivision are in addition
24to, and do not substitute for, the reporting requirements of
25mandated reporters, and any other reporting and investigative
26duties of the developmental center and the department as required
27by law.

28(4) Nothing in this subdivision shall be interpreted to prevent
29the developmental center from reporting any other criminal act
30constituting a danger to the health or safety of the residents of the
31developmental center to the local law enforcement agency.

32(b) (1) The department shall report to the agency described in
33subdivision (i) of Section 4900 any of the following incidents
34involving a resident of a developmental center:

35(A) Any unexpected or suspicious death, regardless of whether
36the cause is immediately known.

37(B) Any allegation of sexual assault, as defined in Section
3815610.63, in which the alleged perpetrator is a developmental
39center or department employee or contractor.

P6    1(C) Any report made to the local law enforcement agency in
2the jurisdiction in which the facility is located that involves
3physical abuse, as defined in Section 15610.63, in which a staff
4member is implicated.

5(2) A report pursuant to this subdivision shall be made no later
6than the close of the first business day following the discovery of
7the reportable incident.

8(c) The department shall do both of the following:

9(1) Annually provide written information to every developmental
10center employee regarding all of the following:

11(A) The statutory and departmental requirements for mandatory
12reporting of suspected or known abuse.

13(B) The rights and protections afforded to individuals’ reporting
14of suspected or known abuse.

15(C) The penalties for failure to report suspected or known abuse.

16(D) The telephone numbers for reporting suspected or known
17abuse or neglect to designated investigators of the department and
18to local law enforcement agencies.

19(2) On or before August 1, 2001, in consultation with employee
20organizations, advocates, consumers, and family members, develop
21a poster that encourages staff, residents, and visitors to report
22suspected or known abuse and provides information on how to
23make these reports.

24(d) A failure to reportbegin insert an incidentend insert under subdivision (a) shall
25be deemed a class B violation as provided in Section 1424.6 of
26the Health and Safetybegin delete Code.end deletebegin insert Code if the incident occurs in a distinct
27part long-term health care facility. If the incident occurs in the
28general acute care hospital or acute psychiatric hospital portion
29of the developmental center, a failure to report the incident under
30subdivision (a) shall be subject to a civil penalty specified in
31Section 1280.4 of the Health and Safety Code.end insert

32

begin deleteSEC. 4.end delete
33begin insertSEC. 6.end insert  

Section 4427.7 is added to the Welfare and Institutions
34Code
, to read:

35

4427.7.  

(a) Designated investigators of developmental centers
36shallbegin delete authorizeend deletebegin insert requestend insert a sexual assault forensic medical
37examination for any resident of a developmental center who is a
38victim orbegin insert reasonablyend insert suspectedbegin insert to be a end insert victim of sexual assault,
39as defined in Section 15610.63, performed at an appropriate facility
40off the grounds of the developmental center in accordance with
P7    1 Sections 13823.5 to 13823.12, inclusive, of the Penal Code, which
2includes, but is not limited to, the requirement that the law
3enforcement agency having jurisdiction over the city or county in
4which the developmental center is located be notified by the person
5performing the sexual assault forensic medical examinationbegin insert and
6that consent is obtainedend insert
as required bybegin delete subdivision (a)end deletebegin insert subdivisions
7(a) and (c)end insert
of Section 13823.11 of the Penal Code.

8(b) The sexual assault forensic medical examination described
9in subdivision (a) may be performed at a developmental center by
10an independent sexual assault forensic examiner designated to
11perform examinations of victims of sexual assault in the jurisdiction
12of the developmental center only if it is deemed safer for the victim
13and the developmental center’s examination facilities are equipped
14with forensic examination and evidence collection capability
15comparable to that of the designated community examination
16facility, as determined by the independent sexual assault forensic
17examiner.



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