as amended, Pan.
begin deleteHealth facilities: patient transporting. end delete
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.end delete
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.end delete
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.end delete
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 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 penalties accordingly.end delete
By expanding the scope of an existing crime, this bill would result in a state-mandated local program.end delete
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.end delete
This bill would provide that no reimbursement is required by this act for a specified reason.end delete
Fiscal committee: yes.
State-mandated local program:
begin deleteyes end delete.
The people of the State of California do enact as follows:
Section 1262.3 is added to the Health and Safety
4Code, to read:
(a) A general acute care hospital, acute psychiatric
6hospital, or special hospital shall not cause a patient who, in the
7judgment of the attending physician or other licensed health care
8professional, acting within his or her scope of practice, is at risk
9of serious injury or death as a result of clinical alcohol intoxication,
10to be transported to another location, including, but not limited to,
11police custody, a correctional facility, or a county jail, except when
12the patient is medically stabilized, as defined in subdivision (j) of
13Section 1317.1, or appropriately transferred to another licensed
14health facility pursuant to another law.
15(b) If the department determines that a hospital has violated
16subdivision (a), the department may determine that the violation
17is an immediate jeopardy violation pursuant to Section 1280.3 and
18regulations promulgated thereunder, and may assess penalties
20(c) Nothing in this section shall be construed to contradict any
21other law related to workplace violence prevention, including, but
22not limited to, workplace violence standards adopted by the
23Occupational Safety and Health Standards Board.
No reimbursement is required by this act pursuant to
25Section 6 of Article XIII B of the California Constitution because
26the only costs that may be incurred by a local agency or school
27district will be incurred because this act creates a new crime or
28infraction, eliminates a crime or infraction, or changes the penalty
29for a crime or infraction, within the meaning of Section 17556 of
30the Government Code, or changes the definition of a crime within
31the meaning of Section 6 of Article XIII B of the California