BILL NUMBER: AB 1177	AMENDED
	BILL TEXT

	AMENDED IN SENATE  SEPTEMBER 4, 2015
	AMENDED IN SENATE  AUGUST 24, 2015
	AMENDED IN SENATE  JULY 16, 2015
	AMENDED IN SENATE  JULY 8, 2015

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 for
 an alternative birth center licensed as a primary care
clinic,   a primary care clinic that provides services
as an alternative birth center,  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 repeal  its regulations
to conform to these changes.   related regulations.

   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 1204.2 is added to the Health and Safety Code,
to read:
   1204.2.  (a) Notwithstanding any other law, including, but not
limited to, Section 75047 of Title 22 of the California Code of
Regulations, and except as provided in subdivision (c), a primary
care clinic described in subdivision (a) of Section 1204 that is
licensed pursuant to this chapter shall not be required to enter into
a written transfer agreement with a nearby hospital as a condition
of licensure.
   (b) (1) A primary care clinic shall 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. To the extent practicable and applicable to the patient's
transfer, the medical records shall include current medical findings,
diagnoses, laboratory results, medications provided prior to
transfer, a brief summary of the course of treatment provided prior
to transfer, ambulation status, nursing and dietary information, name
and contact information for the treating physician at the clinic,
and as appropriate, pertinent administrative and demographic
information related to the patient, including name and date of birth.

   (2) The requirements in paragraph (1) shall not apply if the
primary care clinic has entered into a written transfer agreement
with a local hospital that provides for the transfer of medical
records.
   (c)  An alternative birth center that is licensed under
this chapter as a primary care clinic, as a condition of licensure,
shall   A   primary care clinic licensed
pursuant to subdivision (a) of Section 1204 that provides services as
an alternative birth center shall, as a condition of licensure,
 be required to maintain a written transfer agreement with a
local hospital. The transfer agreement shall include provisions for
communication and transportation to meet medical emergencies.
Essential personal, health, and medical information shall either
accompany the patient upon transfer or be transmitted immediately by
telephone to the receiving facility. This section does not modify or
supersede the requirements imposed on alternative birth centers
described in Section 1204.3.
   (d) The State Department of Public Health, no later than July 1,
2016, shall repeal Section 75047 of Chapter 7 of Division 5 of Title
22 of the California Code of Regulations.
   (e) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
  SEC. 2.  Section 1204.2 is added to the Health and Safety Code, to
read:
   1204.2.  (a) Notwithstanding any other law, and except as provided
in subdivision (c), a primary care clinic described in subdivision
(a) of Section 1204 that is licensed pursuant to this chapter shall
not be required to enter into a written transfer agreement with a
nearby hospital as a condition of licensure.
   (b) (1) A primary care clinic shall 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. To the extent practicable and applicable to the patient's
transfer, the medical records shall include current medical findings,
diagnoses, laboratory results, medications provided prior to
transfer, a brief summary of the course of treatment provided prior
to transfer, ambulation status, nursing and dietary information, name
and contact information for the treating physician at the clinic,
and as appropriate, pertinent administrative and demographic
information related to the patient, including name and date of birth.

   (2) The requirements in paragraph (1) shall not apply if the
primary care clinic has entered into a written transfer agreement
with a local hospital that provides for the transfer of medical
records.
   (c)  An alternative birth center that is licensed under
this chapter as a primary care clinic, as a condition of licensure,
shall   A   primary care clinic licensed
pursuant to subdivision (a) of Section 1204 that provides services as
an alternative birth center shall, as a condition of licensure,
 be required to maintain a written transfer agreement with a
local hospital. The transfer agreement shall include provisions for
communication and transportation to meet medical emergencies.
Essential personal, health, and medical information shall either
accompany the patient upon transfer or be transmitted immediately by
telephone to the receiving facility. This section does not modify or
supersede the requirements imposed on alternative birth centers
described in Section 1204.3.
   (d)    This section shall become operative on January
1, 2018.