BILL NUMBER: SB 1875	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Speier

                        FEBRUARY 24, 2000

   An act to add Section 1157.8 to the Evidence Code, and to add
Chapter 2.05 (commencing with Section 1339.63) to Division 2 of the
Health and Safety Code, relating to health.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1875, as introduced, Speier.  Health facilities and clinics:
medication-related errors.
   Existing law generally regulates the licensure of health
facilities and clinics, as defined, and prescribes the duties of the
State Department of Health Services in this regard.  Under existing
law, any person who violates provisions regulating clinic health
facilities, or who willfully or repeatedly violates any rule or
regulation adopted thereunder is guilty of a misdemeanor.  Existing
law also provides that the proceedings and records of medical peer
review committees are not subject to discovery.
   This bill would require the department, on or before January 1,
2003, to create a central reporting database to receive and analyze
information relating to the occurrence of medication-related errors
in specified types of facilities.  The bill would make it a condition
of licensure that these facilities implement technology to eliminate
or minimize medication-related errors in the facility, on or before
January 1, 2003.  The bill would require the facilities to report all
medication-related errors to the central reporting database
maintained by the department.  The bill would provide that data
regarding health facility medication errors, collected by the
department pursuant to the provisions of the bill is not subject to
discovery.
   By creating 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 1157.8 is added to the Evidence Code, to read:

   1157.8.  The data regarding health facility medication-related
errors, collected by the department pursuant to Chapter 2.05
(commencing with Section 1339.63) of Division 2 of the Health and
Safety Code, shall not be subject to discovery.
  SEC. 2.  Chapter 2.05 (commencing with Section 1339.63) is added to
Division 2 of the Health and Safety Code, to read:

      CHAPTER 2.05.  MINIMIZATION OF MEDICATION-RELATED ERRORS

   1339.63.  (a) On or before January 1, 2003, the State Department
of Health Services shall create a central reporting database to
receive and analyze information relating to the occurrence of
medication-related errors in the following types of facilities:
   (1) General acute care hospitals.
   (2) Ambulatory surgery centers.
   (3) Ambulatory care centers.
   (4) Urgent care facilities.
   (5) Skilled nursing facilities.
   (b) The department shall share the results of its analysis of the
information received pursuant to subdivision (a) with the reporting
facilities.
   1339.64.  (a) As a condition of licensure under this division,
every general acute care hospital, ambulatory surgery center,
ambulatory care center, urgent care facility, and skilled nursing
facility shall implement technology to eliminate or minimize
medication-related errors in the facility, on or before January 1,
2003.
   (b) All medication-related errors occurring in a facility
identified in subdivision (a) shall be reported to the central
reporting database maintained by the department pursuant to Section
1339.63.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB 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 XIIIB of the California Constitution.