BILL NUMBER: AB 980 AMENDED
BILL TEXT
AMENDED IN SENATE SEPTEMBER 5, 2013
AMENDED IN SENATE JULY 10, 2013
AMENDED IN SENATE JUNE 19, 2013
AMENDED IN ASSEMBLY MARCH 21, 2013
INTRODUCED BY Assembly Member Pan
(Coauthor: Assembly Member Atkins)
FEBRUARY 22, 2013
An act to add Section 18944.18 to the Health and Safety Code,
relating to health care facilities.
LEGISLATIVE COUNSEL'S DIGEST
AB 980, as amended, Pan. Primary care clinics: abortion.
Existing law requires the California Building Standards Commission
to codify all building standards of adopting agencies or state
agencies that propose the building standards and statutes defining
building standards into one California Building Standards Code.
Existing law requires the commission to publish, or cause to be
published, editions of the building standards code in its entirety
once every 3 years.
This bill would state the intent of the Legislature that all
primary care clinics, including primary care clinics that provide
abortion services, be subject to the same licensing and building
standards. The bill would require the commission, in
conjunction with the Office of Statewide Health Planning and
Development (OSHPD) , to adopt emergency
regulations to repeal a specific portion
provision of the 2013 Triennial Edition of the Building
Standards Code, and would prohibit the commission from
adopting building code standards that establish construction
requirements for primary care clinics that provide medication or
aspiration abortion services that differ from construction standards
applicable to other specified primary care clinics. as
soon as possible, and to repeal certain provisions of the 2013
Triennial Edition of the California Plumbing Code pertaining to
licensed clinics. The bill would grant OSHPD emergency regulatory
authority to implement these provisions, and would make these
regulations permanent without further regulatory action. The
bill would require the State Department of Public Health, no later
than July 1, 2014, to repeal or revise
certain regulations relating to abortion services in primary
care clinics to ensure that any requirements specific to
abortion services are consistent with applicable law and medical
standards of care. clinics.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) It is the
intent of the Legislature that all primary care clinics, including
primary care clinics that provide abortion services, be
subject to the same licensing and building standards.
(b) It is the intent of the Legislature to render unenforceable
Section 1226.7 of the 2013 Triennial Edition of the California
Building Standards Code. It is the intent of the Legislature that the
public agencies charged with authority to enforce Section 1226.7 of
the 2013 Triennial Edition of the California Building Standards Code
not enforce that section.
SECTION 1. SEC. 2. Section 18944.18
is added to the Health and Safety Code, to read:
18944.18. (a) It is the intent of the Legislature to preempt, and
to render inoperative, Section 1226.7 of the 2013 Triennial Edition
of the California Building Standards Code.
(b) Notwithstanding any other law, the California Building
Standards Commission shall not adopt building code standards that
establish construction requirements for primary care clinics that
provide medication or aspiration abortion services that differ from
construction standards applicable to other primary care clinics
described in Section 1226.6 of the 2013 Triennial Edition of the
California Building Standards Code.
18944.18. (a) The California Building Standards
Commission, in conjunction with the Office of Statewide Health
Planning and Development, shall repeal Section 1226.7 of the 2013
Triennial Edition of the California Building Standards Code,
including all cross-references to that section, as soon as possible.
The Office of Statewide Health Planning and Development is granted
emergency regulatory authority to implement this subdivision.
Notwithstanding the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code), the regulations adopted under this subdivision
shall become permanent without further regulatory action.
(b) The California Building Standards Commission, in conjunction
with the Office of Statewide Health Planning and Development, shall
repeal the sections of the 2013 Triennial Edition of the California
Plumbing Code pertaining to licensed clinics that were approved by
the California Building Standards Commission on April 24, 2013. The
Office of Statewide Health Planning and Development is granted
emergency regulatory authority to implement this subdivision.
Notwithstanding the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code), the regulations adopted under this subdivision
shall become permanent without further regulatory action.
(c) The State Department of Public Health shall, no later than
July 1, 2014, repeal the regulations relating to abortion services in
primary care clinics contained in Article 5 (commencing with Section
75040) of Chapter 7 of Division 5 of Title 22 of the California Code
of Regulations.
SEC. 2. (a) The California Building Standards
Commission, in conjunction with the Office of Statewide Health
Planning and Development, shall adopt emergency regulations to delete
Section 1226.7 of the 2013 Triennial Edition of the California
Building Standards Code, including all cross-references to that
section, as soon as possible. Notwithstanding the Administrative
Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code), the regulations
adopted under this subdivision shall become permanent without further
regulatory action.
(b) The State Department of Public Health shall, no later than
July 1, 2014, repeal or revise regulations relating to abortion
services in primary care clinics, including those contained in
Article 5 (commencing with Section 75040) of Chapter 7 of Division 5
of Title 22 of the California Code of Regulations, to ensure that any
requirements specific to abortion services, if any are required, are
consistent with applicable law and medical standards of care.