Amended in Senate January 5, 2016

Amended in Senate April 20, 2015

Senate BillNo. 787


Introduced by Senator Bates

(Principal coauthor: Assembly Member Brough)

February 27, 2015


An act to add Section 1255.23 to the Health and Safety Code, relating to hospitals, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL’S DIGEST

SB 787, as amended, Bates. Hospitals: closures.

Existing law provides for the licensure and regulation of health facilities, including general acute care hospitals, by the State Department of Public Health. Existing law authorizes a general acute care hospital, as defined, to offer special services, including, but not limited to, emergency medical services. Existing law requires a hospital that provides emergency medical services to provide notice of the planned reduction or elimination of those services to certain entities and the public, as specified.

This bill would authorize Saddleback Memorial Medical Center to operate an emergency department at its San Clemente campus, subject to specified requirements.

This bill would make legislative findings and declarations as to the necessity of a special statute for the communities of San Clemente, Dana Point, and San Juan Capistrano.

This bill would declare that it is to take effect immediately as an urgency statute.

Vote: 23. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

P2    1

SECTION 1.  

Section 1255.23 is added to the Health and Safety
2Code
, immediately following Section 1255.2, to read:

3

1255.23.  

(a) Notwithstanding any other law, Saddleback
4Memorial Medical Center may operate an emergency department
5at its San Clemente campus, subject tobegin insert approval by the department
6and all ofend insert
the following requirements:

7(1) The emergency department shall operate under the
8consolidated license of Saddleback Memorial Medical Center and
9meet all of the requirements imposed under that license, including
10being within 15 miles of its parent hospital.

11(2) The emergency department shall be a conversion from a
12previously existing acute care campus and may not be a newly
13developed freestanding emergency department.

14(3) The emergency department shall be open 24 hours a day,
15365 days a year.

16(4) The emergency department shall be staffed by at least one
17board-certified emergency physician at all times.

18(5) The emergency department shall be staffed with properly
19trained emergency room nurses and meet the minimum staffing
20requirements for emergency departments in this state.

21(6) The emergency department shall have a complete range of
22laboratory and diagnostic radiology services, including a complete
23array of laboratory test, basic X-ray, computerized tomography
24(CT) scan, and ultrasound capabilities.

25(7) The emergency department shall meet the specialty call
26requirements, as defined by the Orange County Emergency Medical
27Services Agency, under its consolidated license.

28(8) The emergency department shall have transfer agreements
29with specialty centers, such as trauma, burn, and pediatric centers,
30to meet the needs of the injury or patient population served in the
31community.

32(9) The emergency department shall have the capabilities to
33stabilize patients with emergency medical conditions and to
34transport them to its parent hospital or other higher level of care
P3    1facilities in a safe and timely manner, consistent with the standards
2of care in the local communities.

3(10) The emergency department shall have a fully functioning
4transport program with a proven track record of safely transporting
5patients who require admission to its parent hospital or other higher
6level of care and specialty services facilities, such as trauma, burn,
7and pediatric facilities.

begin insert

8(11) The emergency department shall satisfy any other
9site-specific criteria that the department deems necessary.

end insert
begin delete

P4   1 10(11)

end delete

11begin insert(12)end insert All applicable federal and state regulatory requirements
12shall be met under the consolidated license of Saddleback
13Memorial Medical Center, including all applicable regulations of
14thebegin insert federalend insert Centers for Medicare and Medicaid Services and Title
1522 of the California Code of Regulations.

16(b) Nothing in this section shall be construed to require
17Saddleback Memorial Medical Center to provide for concomitant
18acute care services at the San Clemente campus or to seek
19additional licensure for operation of the emergency department
20that is authorized pursuant to this section.

21

SEC. 2.  

The Legislature finds and declares that a special law
22is necessary and that a general law cannot be made applicable
23within the meaning of Section 16 of Article IV of the California
24Constitution because of the unique circumstances regarding the
25provision of emergency medical services to the communities of
26San Clemente, Dana Point, and San Juan Capistrano.

27

SEC. 3.  

This act is an urgency statute necessary for the
28immediate preservation of the public peace, health, or safety within
29the meaning of Article IV of the Constitution and shall go into
30immediate effect. The facts constituting the necessity are:

31In order to ensure the provision of emergency medical services
32to the communities of San Clemente, Dana Point, and San Juan
33Capistrano at the earliest point in time, it is necessary that this act
34take effect immediately.



O

    97