Senate BillNo. 720


Introduced by Senator Mitchell

February 27, 2015


An act to amend Section 1275 of the Health and Safety Code, relating to health facilities.

LEGISLATIVE COUNSEL’S DIGEST

SB 720, as introduced, Mitchell. Health facilities: facility physical plants.

Existing law requires the Office of Statewide Health Planning and Development to adopt and enforce regulations prescribing building standards for the adequacy and safety of health facility physical plants.

This bill would make technical, nonsubstantive changes to these provisions.

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

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

P1    1

SECTION 1.  

Section 1275 of the Health and Safety Code is
2amended to read:

3

1275.  

(a)  Thebegin delete stateend delete department shall adopt, amend, or repeal,
4in accordance with Chapter 3.5 (commencing with Section 11340)
5of Part 1 of Division 3 of Title 2 of the Government Code and
6Chapter 4 (commencing with Section 18935) of Part 2.5 of Division
713, any reasonable rules and regulations as may be necessary or
8proper to carry out the purposes and intent of this chapter and to
9enable thebegin delete stateend delete department to exercise the powers and perform
10the duties conferred upon it by this chapter, not inconsistent with
11begin delete anyend deletebegin insert aend insert statute of this state including, but not limited to, the State
P2    1Building Standards Law, Part 2.5 (commencing with Section
218901) of Division 13.

3All regulations in effect on December 31, 1973,begin delete whichend deletebegin insert thatend insert were
4adopted by the State Board of Public Health, the State Department
5of Public Health, the State Department of Mental Hygiene, or the
6State Department of Healthbegin insert Care Servicesend insert relating to licensed
7health facilities shall remain in full force and effect until altered,
8amended, or repealed by the director or pursuant to Section 25 or
9other provisions of law.

10(b)  Notwithstanding this section or any otherbegin delete provision ofend delete law,
11the Office of Statewide Health Planning and Development shall
12adopt and enforce regulations prescribing building standards for
13the adequacy and safety of health facility physical plants.

14(c)  The building standards adopted by the State Firebegin delete Marshal,end delete
15begin insert Marshalend insert and the Office of Statewide Health Planning and
16Developmentbegin insert,end insert pursuant to subdivision (b), for the adequacy and
17safety of freestanding physical plants housing outpatient services
18of a health facility licensed under subdivision (a) or (b) of Section
191250 shall not be more restrictive or comprehensive than the
20comparable building standards established, or otherwise made
21applicable, by the State Fire Marshal and the Office of Statewide
22Health Planning and Development to clinics and other facilities
23licensed pursuant to Chapter 1 (commencing with Section 1200).

24(d)  Except as provided in subdivision (f), the licensing standards
25adopted by thebegin delete stateend delete department under subdivision (a) for outpatient
26services located in a freestanding physical plant of a health facility
27licensed under subdivision (a) or (b) of Section 1250 shall not be
28more restrictive or comprehensive than the comparable licensing
29standards applied by thebegin delete stateend delete department to clinics and other
30facilities licensed under Chapter 1 (commencing with Section
31 1200).

32(e)  Except as provided in subdivision (f), the state agencies
33specified in subdivisions (c) and (d) shall not enforce any standard
34applicable to outpatient services located in a freestanding physical
35plant of a health facility licensed pursuant to subdivision (a) or (b)
36of Section 1250, to the extent that the standard is more restrictive
37or comprehensive than the comparable licensing standards applied
38to clinics and other facilities licensed under Chapter 1
39(commencing with Section 1200).

P3    1(f)  All health care professionals providing services in settings
2authorized by this section shall be members of the organized
3medical staff of the health facility to the extent medical staff
4membership would be required for the provision of the services
5within the health facility. All services shall be provided under the
6respective responsibilities of the governing body and medical staff
7 of the health facility.

8(g)  For purposes of this section, “freestanding physical plant”
9meansbegin delete anyend deletebegin insert aend insert buildingbegin delete whichend deletebegin insert thatend insert is not physically attached to a
10building in which inpatient services are provided.



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