Amended in Senate April 1, 2013

Senate Bill No. 728

Introduced by Senator Wolk

February 22, 2013

An act to begin delete amend Section 34500 of the Vehicle Code, relating to vehicles end delete begin insert add Sections 1271.2, 1565, and 1569.25 to the Health and Safety Code, relating to health care decisions end insert .

LEGISLATIVE COUNSEL’S DIGEST

SB 728, as amended, Wolk. begin delete Vehicles: safe operation: Department of the California Highway Patrol. end delete begin insert Long-term care facilities: health care decisions. end insert

begin insert

Existing law provides for the licensure and regulation of health facilities by the State Department of Public Health. Under the California Community Care Facilities Act, the State Department of Social Services licenses and regulates community care facilities, including residential facilities, and under the California Residential Care Facilities for the Elderly Act, the State Department of Social Services licenses and regulates residential facilities for the elderly. A violation of these provisions is a crime, as specified.

end insert begin insert

This bill would require specified health facilities and residential facilities and residential care facilities for the elderly to provide a person with a Physician Orders for Life-Sustaining Treatment form, as defined, upon his or her admission to the facility. The bill would provide that violations of these provisions do not constitute a crime.

end insert begin delete

Existing law requires the Department of the California Highway Patrol to regulate the safe operation of specified vehicles, including, among others, schoolbuses and commercial motor vehicles.

end delete begin delete

This bill would make technical, nonsubstantive changes to these provisions.

end delete

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

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 1271.2 is added to the end insert begin insert Health and Safety
Code end insert begin insert , to read: end insert

begin insert

begin insert 1271.2. end insert   

(a) A health facility licensed under Section 1250 that
provides long-term care for older individuals and functionally
impaired adults shall provide a person with a “Physician Orders
for Life-Sustaining Treatment form,” as defined in paragraph (3)
of subdivision (a) of Section 4780 of the Probate Code, upon his
or her admission to the facility.

(b) Section 1290 shall not apply to this section.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 1565 is added to the end insert begin insert Health and Safety Code end insert begin insert ,
to read: end insert

begin insert

begin insert 1565. end insert   

(a) A residential facility licensed pursuant to this chapter
that provides long-term care for older individuals and functionally
impaired adults shall provide a person with a “Physician Orders
for Life-Sustaining Treatment form,” as defined in paragraph (3)
of subdivision (a) of Section 4780 of the Probate Code, upon his
or her admission to the facility.

(b) Sections 1540 and 1543 shall not apply to this section.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 1569.25 is added to the end insert begin insert Health and Safety
Code end insert begin insert , to read: end insert

begin insert

begin insert 1569.25. end insert   

(a) A residential care facility for the elderly licensed
pursuant to this chapter shall provide a person with a “Physician
Orders for Life-Sustaining Treatment form,” as defined in
paragraph (3) of subdivision (a) of Section 4780 of the Probate
Code, upon his or her admission to the facility.

(b) Sections 1569.40 and 1569.43 shall not apply to this section.

end insert

begin delete

SECTION 1.  

Section 34500 of the Vehicle Code is amended
to read:

34500.  

The department shall regulate the safe operation of all
of the following vehicles:

(a) Motortrucks of three or more axles that are more than 10,000
pounds gross vehicle weight rating.

(b) Truck tractors.

(c) Buses, schoolbuses, school pupil activity buses, youth buses,
farm labor vehicles, and general public paratransit vehicles.

(d) Trailers and semitrailers designed or used for the
transportation of more than 10 persons, and the towing motor
vehicle.

(e) Trailers and semitrailers, pole or pipe dollies, auxiliary
dollies, and logging dollies used in combination with the vehicles
listed in subdivision (a), (b), (c), or (d). This subdivision does not
include camp trailers, trailer coaches, and utility trailers.

(f) A combination of a motortruck and a vehicle or vehicles set
forth in subdivision (e) that exceeds 40 feet in length when coupled
together.

(g) A truck, or a combination of a truck and any other vehicle,
transporting hazardous materials.

(h) Manufactured homes that, when moved upon the highway,
are required to be moved pursuant to a permit as specified in
Section 35780 or 35790.

(i) A park trailer, as described in Section 18009.3 of the Health
and Safety Code, that, when moved upon a highway, is required
to be moved pursuant to a permit pursuant to Section 35780.

(j) Any other motortruck not specified in subdivisions (a) to
(h), inclusive, or subdivision (k), that is regulated by the
Department of Motor Vehicles, Public Utilities Commission, or
United States Secretary of the Department of Transportation, but
only for matters relating to hours of service and logbooks of
drivers.

(k) A commercial motor vehicle with a gross vehicle weight
rating of 26,001 or more pounds or a commercial motor vehicle
of any gross vehicle weight rating towing a vehicle described in
subdivision (e) with a gross vehicle weight rating of more than
10,000 pounds, except combinations including camp trailers, trailer
coaches, or utility trailers. For purposes of this subdivision, the
term “commercial motor vehicle” has the meaning defined in
subdivision (b) of Section 15210.

end delete