California Legislature—2015–16 Regular Session

Assembly Bill No. 614

Introduced by Assembly Member Brown

February 24, 2015

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

LEGISLATIVE COUNSEL’S DIGEST

AB 614, as introduced, Brown. Health care standards of practice.

Existing law authorizes the State Department of Public Health to promulgate rules and regulations regarding health facilities, in accordance with the provisions of the Administrative Procedure Act.

This bill would authorize the department to use a streamlined administrative process to update regulatory references to health care standards of practice adopted by a state or national association when outdated standards are already referenced in the California Code of Regulations. The procedure created by this bill would, among other things, require the department to post the update on the department’s Internet Web site, notify stakeholders of the proposed change, accept comments, and consider those comments prior to the adoption of the new regulations. This bill would require, if a member of the public requests a public hearing, that the department hold a hearing and consider any comments. This bill would, if comments are submitted in opposition to the proposed change, require the department to instead follow the procedures provided for by the Administrative Procedure Act.

Vote: majority. Appropriation: no. Fiscal committee: yes. 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)  begin insert (1) end insert begin insert   end insert The begin delete state end delete 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 begin delete statute of this state end delete begin insert other law end insert including, but
not limited to, the begin delete State end delete begin insert California end insert Building Standards Law, Part
2.5 (commencing with Section 18901) of Division 13.

begin delete

All

end delete

begin insert (2) end insert begin insert   end insert begin insert All end insert regulations in effect on December 31, 1973, which 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 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 begin delete provision of end delete 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,
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 begin delete state end delete 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 begin delete state end delete 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.

begin insert

(g) (1) Notwithstanding any other law, the department may,
without taking regulatory action pursuant to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code, update references in the California
Code of Regulations to health care standards of practice adopted
by a recognized state or national association when the state or
national association and its outdated standards are already named
in the California Code of Regulations. When updating these
references, the department shall:

end insert begin insert

(A) Post the name of the state or national association, the title
of the health care standards of practice, and the version of the
updated health care standards of practice to be adopted on the
department’s Internet Web site.

end insert begin insert

(B) Post notice of the department’s proposed adoption of the
state or national association’s health care standards of practice
on its Internet Web site for at least 45 days.

end insert begin insert

(C) Notify stakeholders that the proposed standards have been
posted on the department’s Internet Web site by issuing a mailing
to the most recent stakeholder list on file with the department’s
Office of Regulations.

end insert begin insert

(D) Accept public comment for at least 30 days after the
conclusion of the 45-day posting period specified in subparagraph
(B).

end insert begin insert

(2) If a member of the public requests a public hearing during
the public comment period, a hearing shall be held and comments
shall be considered prior to the adoption of the state or national
association’s health care standards of practice.

end insert begin insert

(3) If no member of the public requests a public hearing, the
department shall consider any comments received during the public
comment period prior to the adoption of the health care standards.

end insert begin insert

(4) Written responses to public comments shall not be required.
If public comments are submitted in opposition to the adoption of
the proposed standards, the department shall seek adoption of the
standards using the regulatory process specified in Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code.

end insert begin delete

(g) For

end delete

begin insert (h) end insert begin insert   end insert begin insert For end insert purposes of this section, “freestanding physical plant”
means any building which is not physically attached to a building
in which inpatient services are provided.