BILL NUMBER: AB 614	INTRODUCED
	BILL TEXT


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when outdated standards are already referenced in the California Code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)  (1)    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  statute of this state
  other law  including, but not limited to, the
 State   California  Building Standards
Law, Part 2.5 (commencing with Section 18901) of Division 13.

   All 
    (2)     All  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  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, 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) (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:
 
   (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.  
   (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.  
   (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.  
   (D) Accept public comment for at least 30 days after the
conclusion of the 45-day posting period specified in subparagraph
(B).  
   (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.  
   (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.
 
   (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.  
   (g) For 
    (h)     For  purposes of this section,
"freestanding physical plant" means any building which is not
physically attached to a building in which inpatient services are
provided.