AB 1975, as introduced, Roger Hernández. Emergency departments.
Existing law establishes the State Department of Public Health and sets forth its powers and duties, including, but not limited to, the licensing and regulations of health facilities, including, but not limited to, health facilities operating emergency departments.
Existing law requires a health facility maintaining or operating an emergency department to provide emergency services and care to any person requesting those services and care for any condition in which the person is in danger of loss of life, or serious injury or illness. Violation of these provisions is a crime.
This bill would make technical, nonsubstantive changes to those provisions.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1317 of the Health and Safety Code is
2amended to read:
(a) Emergency services and care shall be provided to
4any person requesting the services or care, or for whom services
P2 1or care is requested, for any condition in which the person is in
2danger of loss of life, or serious injury or illness, at any health
3facility licensed under this chapter that maintains and operates an
4emergency department to provide emergency services to the public
5when the health facility has appropriate facilities and qualified
6personnel available to provide the services or care.
7(b) In no event shall the provision of emergency services and
8care be based upon, or affected by, the person’s ethnicity,
9citizenship, age, preexisting medical condition, insurance status,
10economic status, ability to pay for medical
services, or any other
11characteristic listed or defined in subdivision (b) or (e) of Section
1251 of the Civil Code, except to the extent that a circumstance such
13as age, sex, preexisting medical condition, or physical or mental
14disability is medically significant to the provision of appropriate
15medical care to the patient.
16(c) Neither the health facility, its employees, nor any physician
17and surgeon, dentist, clinical psychologist, or podiatrist shall be
18liable inbegin delete anyend deletebegin insert anend insert action arising out of a refusal to render emergency
19services or care if the refusal is based on the determination,
20exercising reasonable care, that the person is not suffering from
21an emergency medical condition, or that the health facility does
22not have the appropriate facilities or
qualified personnel available
23to render those services.
24(d) Emergency services and care shall be rendered without first
25questioning the patient or any other person as to his or her ability
26to pay therefor. However, the patient or his or her legally
27responsible relative or guardian shall execute an agreement to pay
28therefor or otherwise supply insurance or credit information
29promptly after the services are rendered.
30(e) If a health facility subject to this chapter does not maintain
31an emergency department, its employees shall nevertheless exercise
32reasonable care to determine whether an emergency exists and
33shall direct the persons seeking emergency care to a nearby facility
34that can render the needed services, and shall assist the persons
35seeking emergency care in obtaining the services, including
36transportation services, in every way reasonable under the
37circumstances.
38(f) No act or omission of any rescue team established by any
39health facility licensed under this chapter, or operated by the federal
40or state government, a county, or by the Regents of the University
P3 1of California, done or omitted while attempting to resuscitate any
2person who is in immediate danger of loss of life shall impose any
3liability upon the health facility, the officers, members of the staff,
4nurses, or employees of the health facility, including, but not
5limited to, the members of the rescue team, or upon the federal or
6state government or a county, if good faith is exercised.
7(g) begin delete“Rescue team,” as used in this section, end deletebegin insertFor purposes of this
8section, “rescue team” end insertmeans a special group
of physicians and
9surgeons, nurses, and employees of a health facility who have been
10trained in cardiopulmonary resuscitation and have been designated
11by the health facility to attempt, in cases of emergency, to
12resuscitate persons who are in immediate danger of loss of life.
13(h) This section shall not relieve a health facility of any duty
14otherwise imposed by law upon the health facility for the
15designation and training of members of a rescue team or for the
16provision or maintenance of equipment to be used by a rescue
17team.
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