Amended in Senate September 4, 2015

Amended in Senate August 24, 2015

Amended in Senate July 16, 2015

Amended in Senate July 8, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 1177


Introduced by Assembly Members Gomez, Burke, and Low

February 27, 2015


An act to add and repeal Section 1204.2 of the Health and Safety Code, relating to primary care clinics.

LEGISLATIVE COUNSEL’S DIGEST

AB 1177, as amended, Gomez. Primary care clinics: written transfer agreements.

Existing regulations require primary care clinics to maintain a written transfer agreement with one or more nearby hospitals and other facilities as appropriate to meet medical emergencies. Existing law authorizes certain clinics to request that the State Department of Public Health waive this requirement.

This bill would provide that a licensed primary care clinic is not required to enter into a written transfer agreement pursuant to those provisions as a condition of licensure, except as provided forbegin delete an alternative birth center licensed as a primary care clinic,end deletebegin insert a primary care clinic that provides services as an alternative birth center,end insert as specified. The bill would require a primary care clinic, except as specified, to send with each patient at the time of transfer, or in the case of an emergency, as promptly as possible, copies of all medical records related to the patient’s transfer, and would require the medical records to include, among other things, current medical findings and a brief summary of the course of treatment provided prior to the patient’s transfer. The bill would require the department to repealbegin delete its regulations to conform to these changes.end deletebegin insert related regulations.end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 1204.2 is added to the Health and Safety
2Code
, to read:

3

1204.2.  

(a) Notwithstanding any other law, including, but not
4limited to, Section 75047 of Title 22 of the California Code of
5Regulations, and except as provided in subdivision (c), a primary
6care clinic described in subdivision (a) of Section 1204 that is
7licensed pursuant to this chapter shall not be required to enter into
8a written transfer agreement with a nearby hospital as a condition
9of licensure.

10(b) (1) A primary care clinic shall send with each patient at the
11time of transfer, or in the case of an emergency, as promptly as
12possible, copies of all medical records related to the patient’s
13transfer. To the extent practicable and applicable to the patient’s
14transfer, the medical records shall include current medical findings,
15diagnoses, laboratory results, medications provided prior to
16transfer, a brief summary of the course of treatment provided prior
17to transfer, ambulation status, nursing and dietary information,
18name and contact information for the treating physician at the
19clinic, and as appropriate, pertinent administrative and demographic
20information related to the patient, including name and date of birth.

21(2) The requirements in paragraph (1) shall not apply if the
22primary care clinic has entered into a written transfer agreement
23with a local hospital that provides for the transfer of medical
24records.

25(c) begin deleteAn alternative birth center that is licensed under this chapter
26as a primary care clinic, as a condition of licensure, shall end delete
begin insertA primary
27care clinic licensed pursuant to subdivision (a) of Section 1204
28that provides services as an alternative birth center shall, as a
29condition of licensure, end insert
be required to maintain a written transfer
30agreement with a local hospital. The transfer agreement shall
P3    1include provisions for communication and transportation to meet
2medical emergencies. Essential personal, health, and medical
3information shall either accompany the patient upon transfer or be
4transmitted immediately by telephone to the receiving facility.
5This section does not modify or supersede the requirements
6imposed on alternative birth centers described in Section 1204.3.

7(d) The State Department of Public Health, no later than July
81, 2016, shall repeal Section 75047 of Chapter 7 of Division 5 of
9Title 22 of the California Code of Regulations.

10(e) This section shall remain in effect only until January 1, 2018,
11and as of that date is repealed, unless a later enacted statute, that
12is enacted before January 1, 2018, deletes or extends that date.

13

SEC. 2.  

Section 1204.2 is added to the Health and Safety Code,
14to read:

15

1204.2.  

(a) Notwithstanding any other law, and except as
16provided in subdivision (c), a primary care clinic described in
17subdivision (a) of Section 1204 that is licensed pursuant to this
18chapter shall not be required to enter into a written transfer
19agreement with a nearby hospital as a condition of licensure.

20(b) (1) A primary care clinic shall send with each patient at the
21time of transfer, or in the case of an emergency, as promptly as
22possible, copies of all medical records related to the patient’s
23transfer. To the extent practicable and applicable to the patient’s
24transfer, the medical records shall include current medical findings,
25 diagnoses, laboratory results, medications provided prior to
26transfer, a brief summary of the course of treatment provided prior
27to transfer, ambulation status, nursing and dietary information,
28name and contact information for the treating physician at the
29clinic, and as appropriate, pertinent administrative and demographic
30information related to the patient, including name and date of birth.

31(2) The requirements in paragraph (1) shall not apply if the
32primary care clinic has entered into a written transfer agreement
33with a local hospital that provides for the transfer of medical
34records.

35(c) begin deleteAn alternative birth center that is licensed under this chapter
36as a primary care clinic, as a condition of licensure, shall end delete
begin insertA primary
37care clinic licensed pursuant to subdivision (a) of Section 1204
38that provides services as an alternative birth center shall, as a
39condition of licensure, end insert
be required to maintain a written transfer
40agreement with a local hospital. The transfer agreement shall
P4    1include provisions for communication and transportation to meet
2medical emergencies. Essential personal, health, and medical
3information shall either accompany the patient upon transfer or be
4transmitted immediately by telephone to the receiving facility.
5This section does not modify or supersede the requirements
6imposed on alternative birth centers described in Section 1204.3.

7(d)begin insertend insertbegin insertThis section shall become operative on January 1, 2018.end insert



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