BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 614


                                                                    Page  1





          Date of Hearing:  April 29, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          AB  
          614 (Brown) - As Amended April 16, 2015


           ----------------------------------------------------------------- 
          |Policy       |Health                         |Vote:|16 - 0       |
          |Committee:   |                               |     |             |
          |             |                               |     |             |
          |             |                               |     |             |
          |-------------+-------------------------------+-----+-------------|
          |             |                               |     |             |
          |             |                               |     |             |
          |             |                               |     |             |
          |-------------+-------------------------------+-----+-------------|
          |             |                               |     |             |
          |             |                               |     |             |
          |             |                               |     |             |
           ----------------------------------------------------------------- 


          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          adopted by a state or national association when outdated  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


                                                                    Page  2





          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


                                                                    Page  3





          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