Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1975

Introduced by Assembly Member Roger Hernández

February 19, 2014

An act to amend Section begin delete 1317 end delete begin insert 1798.162 end insert of the Health and Safety Code, relating to begin delete health facilities end delete begin insert emergency medical services end insert .

LEGISLATIVE COUNSEL’S DIGEST

AB 1975, as amended, Roger Hernández. begin delete Emergency departments. end delete begin insert Trauma care systems. end insert

begin insert

Existing law, the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act, permits each county to establish an emergency medical services program under which the county is required to designate a local emergency medical services (EMS) agency. The act establishes the Emergency Medical Services Authority, which is responsible for the coordination and integration of all state agencies concerning emergency medical services. Existing law authorizes a local EMS agency to implement a trauma care system only if the system meets the minimum standards adopted by the authority, as prescribed.

end insert begin insert

This bill would require a local EMS agency implementing a trauma care system, as part of the minimum standards, to commission the American College of Surgeons to conduct a comprehensive assessment every 3 years of equitability and access to its trauma system, and would require the local EMS agency to submit the results of each assessment to the authority. The bill would also make legislative findings and declarations regarding the need for special legislation.

end insert begin delete

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.

end delete begin delete

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.

end delete begin delete

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

end delete

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

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 1798.162 of the end insert begin insert Health and Safety Code end insert
begin insert is amended to read: end insert

1798.162.  

(a)  A local emergency medical services agency
may implement a trauma care system only if the system meets the
minimum standards set forth in the regulations for implementation
established by the authority and the plan required by Section
1797.257 has been submitted to, and approved by, the authority.
Prior to submitting the plan for the trauma care system to the
authority, a local emergency medical services agency shall hold a
public hearing and shall give adequate notice of the public hearing
to all hospitals and other interested parties in the area proposed to
be included in the system. This subdivision does not preclude a
local EMS agency from adopting trauma care system standards
which are more stringent than those established by the regulations.

(b) Notwithstanding subdivision (a) or any other provision of
this article, the Santa Clara County Emergency Medical Services
Agency may implement a trauma care system prior to the adoption
of regulations by the authority pursuant to Section 1798.161. If
the Santa Clara County Emergency Medical Services Agency
implements a trauma care system pursuant to this subdivision prior
to the adoption of those regulations by the authority, the agency
shall prepare and submit to the authority a trauma care system plan
which conforms to any regulations subsequently adopted by the
authority.

begin insert

(c) A local emergency medical services agency implementing
a trauma care system shall, as part of the minimum standards
adopted pursuant to Section 1798.161, commission the American
College of Surgeons to conduct a comprehensive assessment every
three years of equitability and access to its trauma system. The
local emergency medical services agency shall submit the results
of each assessment to the authority.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Due to the fact that the American College of Surgeons
is the only independent, nonprofit organization that conducts
assessments of trauma systems, the Legislature finds and declares
that a general statute cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
and that special legislation is necessary. end insert

begin delete

SECTION 1.  

Section 1317 of the Health and Safety Code is
amended to read:

1317.  

(a) Emergency services and care shall be provided to
any person requesting the services or care, or for whom services
or care is requested, for any condition in which the person is in
danger of loss of life, or serious injury or illness, at any health
facility licensed under this chapter that maintains and operates an
emergency department to provide emergency services to the public
when the health facility has appropriate facilities and qualified
personnel available to provide the services or care.

(b) In no event shall the provision of emergency services and
care be based upon, or affected by, the person’s ethnicity,
citizenship, age, preexisting medical condition, insurance status,
economic status, ability to pay for medical services, or any other
characteristic listed or defined in subdivision (b) or (e) of Section
51 of the Civil Code, except to the extent that a circumstance such
as age, sex, preexisting medical condition, or physical or mental
disability is medically significant to the provision of appropriate
medical care to the patient.

(c) Neither the health facility, its employees, nor any physician
and surgeon, dentist, clinical psychologist, or podiatrist shall be
liable in an action arising out of a refusal to render emergency
services or care if the refusal is based on the determination,
exercising reasonable care, that the person is not suffering from
an emergency medical condition, or that the health facility does
not have the appropriate facilities or qualified personnel available
to render those services.

(d) Emergency services and care shall be rendered without first
questioning the patient or any other person as to his or her ability
to pay therefor. However, the patient or his or her legally
responsible relative or guardian shall execute an agreement to pay
therefor or otherwise supply insurance or credit information
promptly after the services are rendered.

(e) If a health facility subject to this chapter does not maintain
an emergency department, its employees shall nevertheless exercise
reasonable care to determine whether an emergency exists and
shall direct the persons seeking emergency care to a nearby facility
that can render the needed services, and shall assist the persons
seeking emergency care in obtaining the services, including
transportation services, in every way reasonable under the
circumstances.

(f) No act or omission of any rescue team established by any
health facility licensed under this chapter, or operated by the federal
or state government, a county, or by the Regents of the University
of California, done or omitted while attempting to resuscitate any
person who is in immediate danger of loss of life shall impose any
liability upon the health facility, the officers, members of the staff,
nurses, or employees of the health facility, including, but not
limited to, the members of the rescue team, or upon the federal or
state government or a county, if good faith is exercised.

(g) For purposes of this section, “rescue team” means a special
group of physicians and surgeons, nurses, and employees of a
health facility who have been trained in cardiopulmonary
resuscitation and have been designated by the health facility to
attempt, in cases of emergency, to resuscitate persons who are in
immediate danger of loss of life.

(h) This section shall not relieve a health facility of any duty
otherwise imposed by law upon the health facility for the
designation and training of members of a rescue team or for the
provision or maintenance of equipment to be used by a rescue
team.

end delete