BILL ANALYSIS Ó
AB 614
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Date of Hearing: April 29, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB
614 (Brown) - As Amended April 16, 2015
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Urgency: No State Mandated Local Program: NoReimbursable: No
SUMMARY:
This bill authorizes the California Department of Public Health
(CDPH) 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adopted by a state or national association when outdated
AB 614
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standards are referenced in the California Code of Regulations
(CCR). It also requires, if there is public comment in
opposition to the proposed update, CDPH to use the normal
regulatory process.
FISCAL EFFECT:
Negligible state fiscal effect.
COMMENTS:
1)Purpose. According to the author, this bill will eliminate the
need to revise regulations simply to update references to the
most recent standards of practice when applicable. The author
states that this will result in an efficient and
cost-effective method for ensuring that health facilities and
CDPH are referencing standards and providing care that is
consistent with the most current nationally recognized
professional standards, improving the quality of patient care
provided in licensed health facilities. The bill is sponsored
by CDPH.
2)Background. The Administrative Procedures Act (APA) governs
the regulatory process, and the Office of Administrative Law
(OAL) enforces its provisions. Pursuant to APA, new
regulations, as well as updates to existing regulations, must
go through a public comment and review process. Many
references in CDPH's regulations governing quality of care in
health facilities make reference to guidance developed by
professional societies. These references tend to require
updating more regularly than the regulations in which they are
embedded.
AB 614
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3)Staff Comment. A number of recent bills have addressed the
alleged failure of CDPH to promulgate regulations, including
bills last session addressing standards for forensic alcohol
laboratory tests and tissue banks and, in this session,
cytology and pediatric day health and respite care facilities.
This bill appears to offer a reasonable way to update some
specific regulatory references that relate to standards of
practice, but it does not address the larger issue of many
other regulations that may be decades out of date, or
regulations that were never promulgated.
Analysis Prepared by:Lisa Murawski / APPR. / (916)
319-2081