BILL NUMBER: SB 766	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Yee

                        FEBRUARY 22, 2013

   An act to amend Section 1275 of the Health and Safety Code,
relating to health facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 766, as introduced, Yee. Health facilities: standards for
health facility physical plants.
   Existing law requires the Office of Statewide Health Planning and
Development to adopt and enforce regulations prescribing building
standards for the adequacy and safety of health facility physical
plants.
   This bill would make technical, nonsubstantive changes to these
provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1275 of the Health and Safety Code is amended
to read:
   1275.  (a)  The  state  department shall adopt,
amend, or repeal, in accordance with Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code and Chapter 4 (commencing with Section 18935) of Part 2.5 of
Division 13, any reasonable rules and regulations as may be necessary
or proper to carry out the purposes and intent of this chapter and
to enable the  state  department to exercise the
powers and perform the duties conferred upon it by this chapter, not
inconsistent with  any   a  statute of this
state including, but not limited to, the State Building Standards
Law, Part 2.5 (commencing with Section 18901) of Division 13.
   All regulations in effect on December 31, 1973,  which
  that  were adopted by the State Board of Public
Health, the State Department of Public Health, the State Department
of Mental Hygiene, or the State Department of Health  Care
Services  relating to licensed health facilities shall remain in
full force and effect until altered, amended, or repealed by the
director or pursuant to Section 25 or other provisions of law.
   (b)  Notwithstanding this section or any other  provision
of  law, the Office of Statewide Health Planning and
Development shall adopt and enforce regulations prescribing building
standards for the adequacy and safety of health facility physical
plants.
   (c)  The building standards adopted by the State Fire 
Marshal,   Marshal  and the Office of Statewide
Health Planning and Development  ,  pursuant to subdivision
(b), for the adequacy and safety of freestanding physical plants
housing outpatient services of a health facility licensed under
subdivision (a) or (b) of Section 1250 shall not be more restrictive
or comprehensive than the comparable building standards established,
or otherwise made applicable, by the State Fire Marshal and the
Office of Statewide Health Planning and Development to clinics and
other facilities licensed pursuant to Chapter 1 (commencing with
Section 1200).
   (d)  Except as provided in subdivision (f), the licensing
standards adopted by the  state  department under
subdivision (a) for outpatient services located in a freestanding
physical plant of a health facility licensed under subdivision (a) or
(b) of Section 1250 shall not be more restrictive or comprehensive
than the comparable licensing standards applied by the  state
 department to clinics and other facilities licensed under
Chapter 1 (commencing with Section 1200).
   (e)  Except as provided in subdivision (f), the state agencies
specified in subdivisions (c) and (d) shall not enforce any standard
applicable to outpatient services located in a freestanding physical
plant of a health facility licensed pursuant to subdivision (a) or
(b) of Section 1250, to the extent that the standard is more
restrictive or comprehensive than the comparable licensing standards
applied to clinics and other facilities licensed under Chapter 1
(commencing with Section 1200).
   (f)  All health care professionals providing services in settings
authorized by this section shall be members of the organized medical
staff of the health facility to the extent medical staff membership
would be required for the provision of the services within the health
facility. All services shall be provided under the respective
responsibilities of the governing body and medical staff of the
health facility.
   (g)  For purposes of this section, "freestanding physical plant"
means  any   a  building  which
  that  is not physically attached to a building in
which inpatient services are provided.