Amended in Assembly April 16, 2015

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 amended, 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to update regulatory references to health care standards of practice adopted by a state or national association when outdated standards are already referenced in the California Code of Regulations.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, begin insert submit notice of the proposed change to the Office of Administrative Law for publication in the California Regulatory Notice Register, end insert accept comments, and consider those comments prior to the adoption of the new begin delete regulations. This end delete begin insert standards. The end insert bill would require, if a member of the public requests a public hearing, that the department hold a hearing and consider any comments. begin delete This end delete begin insert The end insert 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 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 other law including, but not limited to, the California Building
Standards Law, Part 2.5 (commencing with Section 18901) of
Division 13.

(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 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 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 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:

begin delete

(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 delete begin delete

(B)

end delete

begin insert (A) end insert  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. begin insert The notice shall include
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. end insert

begin delete

(C)

end delete

begin insert (B) end insert  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.

begin insert

(C) Submit to the Office of Administrative Law the notice
required pursuant to this paragraph. The office shall publish in
the California Regulatory Notice Register any notice received
pursuant to this subparagraph.

end insert

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

(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, begin insert or the state or national association named
in the California Code of Regulations no longer exists, end insert 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. begin insert A state
or national association named in the California Code of
Regulations that has changed its name does not constitute an
association that no longer exists. end insert

begin insert

(5) If no opposition is received by the department, the
department shall update its Internet Web site to notify the public
that the standard has been adopted and the effective date of that
standard.

end insert

(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.