BILL NUMBER: SB 145 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 5, 2015
AMENDED IN SENATE APRIL 23, 2015
INTRODUCED BY Senator Pan
JANUARY 27, 2015
An act to add Section 1262.3 to the Health and Safety Code,
relating to health facilities.
LEGISLATIVE COUNSEL'S DIGEST
SB 145, as amended, Pan. Health facilities: patient transporting.
Existing law provides for the licensure and regulation of health
facilities by the State Department of Health Care Services. A
violation of these provisions is a crime.
Existing law requires each hospital to have in effect a written
discharge planning policy and process that requires appropriate
arrangements for posthospital care and a process that requires that
each patient be informed, orally or in writing, of the continuing
care requirements following discharge from the hospital, as
specified.
Existing law also prohibits a hospital from causing the transfer
of homeless patients from one county to another county for the
purpose of receiving supportive services from a social service
agency, health care service provider, or nonprofit social service
agency within the other county, without prior notice and
authorization, as specified.
This bill would prohibit a general acute care hospital, acute
psychiatric hospital, or special hospital from causing a patient who,
in the judgment of the attending physician or other licensed health
care professional, acting within the scope of his or her practice, is
at risk of serious injury or death as a result of clinical alcohol
intoxication, to be transported to another location except when the
patient is either medically stabilized or appropriately transferred
to another health facility pursuant to another provision of law.
The bill would make the violation of that provision subject
to civil penalties, as specified. The bill would require these civil
penalties, upon appropriation, to be used exclusively for the
provision of posthospital recuperative beds, transitional housing,
and mental health counseling programs for the homeless.
The bill would authorize the department, if it determines that a
hospital has violated the requirements of the bill, to determine
further that the violation is an immediate jeopardy violation
pursuant to specified law and regulations, and to assess pena
lties accordingly.
By expanding the scope of an existing crime, this bill would
result in 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 1262.3 is added to the Health and Safety Code,
to read:
1262.3. (a) A general acute care hospital, acute psychiatric
hospital, or special hospital shall not cause a patient who, in the
judgment of the attending physician or other licensed health care
professional, acting within his or her scope of practice, is at risk
of serious injury or death as a result of clinical alcohol
intoxication, to be transported to another location, including, but
not limited to, police custody, a correctional facility, or a county
jail, except when the patient is medically stabilized, as defined in
subdivision (j) of section 1317.1, or appropriately transferred to
another licensed health facility pursuant to another law.
(b) If the department determines that a hospital has violated
subdivision (a), the department may determine that the violation is
an immediate jeopardy violation pursuant to Section 1280.3 and
regulations promulgated thereunder, and may assess penalties
accordingly.
(b) If the department determines that a hospital has violated
subdivision (a), it shall consider, at a minimum, all of the
following actions:
(1) Assessment of an administrative penalty pursuant to Section
1280.1 or 1280.3.
(2) Referral to appropriate authorities for consideration of
commencing an action for violation of Section 1290.
(c) This section shall not apply to any of the following:
(1) Patients in state hospitals operated and administered by the
State Department of State Hospitals who are civilly or criminally
committed and subject to transfer to the Department of Corrections
and Rehabilitation, the Forensic Conditional Release Program, or to a
court for further proceedings.
(2) Patients who remain under the jurisdiction of the Department
of Corrections and Rehabilitation.
(3) Residents of state developmental centers operated and
administered by the State Department of Developmental Services who
are discharged to the community pursuant to the Lanterman
Developmental Disabilities Services Act (Division 4.5 (commencing
with Section 4500) of the Welfare and Institutions Code), and in
accordance with an individual program plan, as defined in Section
4646 of the Welfare and Institutions Code, developed specifically for
the resident.
(d) (1) Upon a second violation of subdivision (a), a general
acute care hospital, acute psychiatric hospital, or special hospital,
shall be subject to a civil penalty of one hundred fifty thousand
dollars ($150,000). The Attorney General, a district attorney, a city
attorney of a city having a population in excess of 750,000, or a
city attorney of a city and county, may bring a civil action in the
name of the people of the State of California seeking civil
penalties, preventive relief, including an application for a
permanent or temporary injunction, restraining order, or other order
against the health facility.
(2) Any general acute care hospital, acute psychiatric hospital,
or special hospital criminally convicted of a violation of
subdivision (a), that has been previously penalized for two separate
violations of subdivision (a) may be subject to civil penalties of no
less than three hundred thousand dollars ($300,000).
(3) In determining the civil penalty to be imposed pursuant to
this subdivision, the court shall consider all relevant facts,
including, but not limited to, all of the following:
(A) Whether the violation exposed the patient to a risk of death
or serious physical harm.
(B) Whether the violation had a direct or immediate relationship
to the health, safety, or security of the patient.
(C) Evidence, if any, of willfulness.
(D) The number of repeated violations.
(E) The presence or absence of good faith efforts by the defendant
to prevent the violation.
(4) Any investigative costs incurred in the enforcement of this
subdivision, including, but not limited to, expert's and attorney's
fees incurred by the Attorney General, district attorney, or city
attorney in carrying out this subdivision shall be recoverable from
the liable general acute care hospital, acute psychiatric hospital,
or special hospital.
(5) If the action authorized by this subdivision is brought by the
Attorney General, the civil penalty collected shall be paid to the
General Fund. If the action is brought by a district attorney, the
civil penalty collected shall be paid to the treasurer of the county
in which the judgment was entered. If the action is brought by a city
attorney, the civil penalty collected shall be paid to the treasurer
of the city in which the judgment was entered. The funds described
in this paragraph shall, upon appropriation, be used exclusively for
the provision of posthospital recuperative beds, transitional
housing, and mental health counseling programs for the homeless.
(6) Nothing in this subdivision shall preclude criminal
prosecution or civil action under any other law. Furthermore, nothing
in this subdivision shall limit or abridge the authority of any city
or county to adopt an ordinance authorizing investigations or
inspections, or implementing and enforcing restrictions dealing with
patient transportation.
(e)
(c) Nothing in this section shall be construed to
contradict any other law related to workplace violence prevention,
including, but not limited to, workplace violence standards adopted
by the Occupational Safety and Health Standards Board.
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.