BILL ANALYSIS Ó
AB 941
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Date of Hearing: May 6, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB
941 (Wood) - As Introduced February 26, 2015
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Urgency: No State Mandated Local Program: NoReimbursable: No
SUMMARY:
This bill exempts a clinic conducted, maintained, or operated by
a federally recognized Indian tribe or tribal organization from
licensure as a clinic by the California Department of Public
Health (CDPH).
AB 941
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FISCAL EFFECT:
Minor annual revenue loss to DPH, to the extent tribal clinics
no longer pay approximately $700 per facility in licensing fees
per facility. DPH oversight workload will be reduced
commensurately with any reduction in licensure fees.
COMMENTS:
1)Purpose. According to the author, this bill creates a single
licensing standard for tribe-operated clinics, by clarifying
the exemption from clinic licensing in existing law for
clinics operated by federally recognized tribes applies to
clinics that are not located within Indian country. The
author notes when tribe-operated health programs operate a
clinic on federal Indian trust land or in affiliation with an
institution of higher learning they are exempt from licensure.
However, other clinics tribes operate must be licensed.
2)Support. This bill is supported by numerous tribes, Latino
Coalition for a Healthy California, the California Primary
Care Association, and several other organizations.
3)Opposition. The California Nurses Association (CNA) opposes
this bill, noting without licensing, clinics would not have to
comply with state building or state professional standards
which assure minimal protections for employees working in
clinics who may or may not be tribal members. CNA believes
the exemption proposed by this bill does not assure any
minimum standards of care for tribal clinics operating within
California but not on tribal land.
4)Previous Legislation. AB 2264 (Levine) of 2014, was
substantially similar to this bill. AB 2264 was amended to
AB 941
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address entirely different subject matter.
Analysis Prepared by:Lisa Murawski / APPR. / (916)
319-2081