Amended in Assembly March 31, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2053

Introduced by Assembly Members Gonzalez and Gray

(Coauthor: Assembly Member Wood)

February 17, 2016

An act to amend Section 1212 of the Health and Safety Code, relating to clinics.

LEGISLATIVE COUNSEL’S DIGEST

AB 2053, as amended, Gonzalez. Primary care clinics.

Under existing law, the State Department of Public Health licenses and regulates primary care clinics, as defined. A violation of those provisions is a crime under existing law. Existing law provides that no application for licensure is required if a licensed primary care clinic adds a service that is not a special service, as defined, or remodels or modifies an existing primary care clinic site, but requires the clinic to notify the department of these events, as specified.

This bill would, among other things, expand that exception from licensure, and that notice requirement, to include a licensed primary care clinic that adds an additional physical plant maintained and operated on separate premises. The bill would require the department, upon written notification by a primary care clinic, to issue a single consolidated license to a primary care clinic that includes more than one physical plant maintained and operated on separate begin delete premises or that has multiple licenses for a single health facility on the same end delete premises, as specified. Because the bill would create a new crime, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

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

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

SECTION 1.  

Section 1212 of the Health and Safety Code is
amended to read:

1212.  

(a) Any person, firm, association, partnership, or
corporation desiring a license for a clinic or a special permit for
special services under the provisions of this chapter, shall file with
the department a verified application on forms prescribed and
furnished by the department, containing the following:

(1) Evidence satisfactory to the department that the applicant
is of reputable and responsible character. If the applicant is a firm,
association, partnership, trust, corporation, or other artificial or
legal entity, like evidence shall be submitted as to the members,
partners, trustees or shareholders, directors, and officers thereof
and as to the person who is to be the administrator of, and exercise
control, management, and direction of the clinic for which
application is made.

(2) If the applicant is a partnership, the name and principal
business address of each partner, and, if any partner is a
corporation, the name and principal business address of each officer
and director of the corporation and name and business address of
each stockholder owning 10 percent or more of the stock thereof.

(3) If the applicant is a corporation, the name and principal
business address of each officer and director of the corporation,
and if the applicant is a stock corporation, the name and principal
business address of each stockholder holding 10 percent or more
of the applicant’s stock and, if any stockholder is a corporation,
the name and principal business address of each officer and director
of the corporate stockholder.

(4) Evidence satisfactory to the department of the ability of the
applicant to comply with the provisions of this chapter and rules
and regulations promulgated under this chapter by the department.

(5) The name and address of the clinic, and if the applicant is
a professional corporation, firm, partnership, or other form of
organization, evidence that the applicant has complied with the
requirements of the Business and Professions Code governing the
use of fictitious names by practitioners of the healing arts.

(6) The name and address of the professional licentiate
responsible for the professional activities of the clinic and the
licentiate’s license number and professional experience.

(7) The class of clinic to be operated, the character and scope
of advice and treatment to be provided, and a complete description
of the building, its location, facilities, equipment, apparatus, and
appliances to be furnished and used in the operation of the clinic.

(8) Sufficient operational data to allow the department to
determine the class of clinic that the applicant proposes to operate
and the initial license fee to be charged.

(9) Any other information as may be required by the department
for the proper administration and enforcement of this chapter,
including, but not limited to, evidence that the clinic has a written
policy relating to the dissemination of the following information
to patients:

(A) A summary of current state laws requiring child passenger
restraint systems to be used when transporting children in motor
vehicles.

(B) A listing of child passenger restraint system programs
located within the county, as required by Section 27360 or 27362
of the Vehicle Code.

(C) Information describing the risks of death or serious injury
associated with the failure to utilize a child passenger restraint
system.

(b) (1) No application is required if a licensed primary care
clinic adds a service that is not a special service, as defined in
Section 1203, or any regulation adopted under that section, or
remodels or modifies, or adds an additional physical plant
maintained and operated on separate premises to, an existing
primary care clinic site. However, the clinic shall notify the
department, in writing, of the change in service or physical plant
no less than 60 days prior to adding the service or remodeling or
modifying, or adding an additional physical plant maintained and
operated on a separate premises to, an existing primary care clinic
site. Nothing in this subdivision shall be construed to limit the
authority of the department to conduct an inspection at any time
pursuant to Section 1227, in order to ensure compliance with, or
to prevent a violation of, this chapter, or any regulation adopted
under this chapter.

(2) If applicable city, county, or state law obligates the primary
care clinic to obtain a building permit with respect to the
remodeling or modification to be performed by the clinic, or the
construction of a new physical plant, the primary care clinic shall
provide a signed certification or statement as described in Section
1226.3 to the department within 60 days following completion of
the remodeling, modification, or construction project covered by
the building permit.

(c) In the course of fulfilling its obligations under Section
1221.09, the department shall ensure that any application form
utilized by a primary care clinic, requiring information of the type
specified in paragraph (1), (4), (8), or (9) of subdivision (a), is
consistent with the requirements of Section 1225, including the
requirement that rules and regulations for primary care clinics be
separate and distinct from the rules and regulations for specialty
clinics. Nothing in this section shall be construed to require the
department to issue a separate application form for primary care
clinics.

(d) (1) The department, upon written notification by a primary
care clinic, shall issue a single consolidated license to a primary
care clinic that includes more than one physical plant maintained
and operated on separate begin delete premises or that has multiple licenses for
a single health facility on the same end delete premises. Written notification
shall include evidence that the primary care clinic is licensed in
good standing and otherwise meets the criteria specified in this
subdivision. In issuing the single consolidated license, the
department shall specify the location of each physical plant.

(2) A primary care clinic that is issued a single consolidated
license pursuant to this subdivision may, at its option, operate
under a single National Provider Identification number or separate
National Provider Identification number for one or more of the
facilities subject to the single consolidated license.

(3) The issuance of a single consolidated license shall be based
on all of the following criteria:

(A) There is a single governing body for all the facilities
maintained and operated by the licensee.

(B) There is a single administration for all the facilities
maintained and operated by the licensee.

(C) There is a single medical director for all the facilities
maintained and operated by the licensee, with a single set of
bylaws, rules, and regulations.

(D) Except as provided otherwise in this paragraph, the physical
plants maintained and operated by the licensee that are to be
covered by the single consolidated license are located not more
than 15 miles apart.

SEC. 2.  

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.