SB 1311,
as amended, Hill. begin deleteReporting of antibiotic resistant disease. end deletebegin insertPublic health: antimicrobial stewardship.end insert
Existing law provides for the licensure and inspection of health facilities, including general acute care hospitals, by the State Department of Public Health. Existing law requires a general acute care hospital to develop a process for evaluating the judicious use of antibiotics, the result of which is required to be monitored by appropriate representatives and committees involved in quality improvement activities. Under existing law, a violation of the provisions governing health facilities constitutes a misdemeanor punishable by a fine not to exceed $1,000, by imprisonment in a county jail, or by both that fine and imprisonment.
end insertbegin insertThis bill would require all general acute care hospitals, as defined, to adopt and implement, by July 1, 2015, an antimicrobial stewardship policy in accordance with guidelines established by the federal government and professional organizations. The bill would require a general acute care hospital to develop a physician supervised multidisciplinary antimicrobial stewardship committee, subcommittee, or workgroup, and to appoint at least one physician or pharmacist to that committee, subcommittee, or workgroup who has attended training specifically on antimicrobial stewardship, including, but not limited to, a training program offered by the federal Centers for Disease Control and Prevention. The bill would also require a general acute care hospital to report antimicrobial stewardship program activities to each appropriate hospital committee undertaking clinical quality improvement activities.
end insertbegin insertBy expanding the scope of an existing crime, this bill would impose a state-mandated local program.
end insertbegin insertThe 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.
end insertbegin insertThis bill would provide that no reimbursement is required by this act for a specified reason.
end insertExisting law requires the State Department of Public Health to establish a list of reportable communicable and noncommunicable diseases and conditions, including, but not limited to, diphtheria, listeria, salmonella, shigella, and streptococcal infection in food handlers or dairy workers, and typhoid. Existing law requires local health officers to report to the department any disease or condition on the list as specified by the department. Violation of these provisions is a crime.
end deleteThis bill would require the list created by the department to include antibiotic resistant infections and would require the department to consider adding antibiotic resistant infections listed in a prescribed federal Centers for Disease Control and Prevention (CDCR) report. The bill would require the department, in updating the list, to consider adding resistant infections listed in updates to the CDCR report. The bill would authorize the department to share the information gathered on antibiotic resistant infection with the federal CDCR. By adding to the list of diseases for which nonreporting is a crime, this bill would impose a state-mandated local program.
end deleteThe 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.
end deleteThis bill would provide that no reimbursement is required by this act for a specified reason.
end deleteVote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
begin insertSection 1288.85 is added to the end insertbegin insertHealth and Safety
2Codeend insertbegin insert, end insertimmediately following Section 1288.8begin insert, to read:end insert
Each general acute care hospital, as defined in
4subdivision (a) of Section 1250, shall do all of the following by
5July 1, 2015:
6(a) Adopt and implement an antimicrobial stewardship policy
7in accordance with guidelines established by the federal
8government and professional organizations.
9(b) Develop a physician supervised multidisciplinary
10antimicrobial stewardship committee, subcommittee, or workgroup.
11(c) Appoint to the physician supervised multidisciplinary
12antimicrobial stewardship committee, subcommittee, or workgroup,
13at least one physician or pharmacist who has attended training
14specifically on antimicrobial stewardship,
including, but not limited
15to, a continuing education training program offered by the federal
16Centers for Disease Control and Prevention, the Society for
17Healthcare Epidemiology of America, or similar recognized
18professional organizations, or post graduate training with a
19concentration in antimicrobial stewardship.
20(d) Report antimicrobial stewardship program activities to each
21appropriate hospital committee undertaking clinical quality
22improvement activities.
No reimbursement is required by this act pursuant to
24Section 6 of Article XIII B of the California Constitution because
25the only costs that may be incurred by a local agency or school
26district will be incurred because this act creates a new crime or
27infraction, eliminates a crime or infraction, or changes the penalty
28for a crime or infraction, within the meaning of Section 17556 of
29the Government Code, or changes the definition of a crime within
30the meaning of Section 6 of Article XIII B of the California
31Constitution.
Section 120130 of the Health and Safety Code
33 is amended to read:
(a) The department shall establish a list of reportable
35diseases and conditions. For each reportable disease and condition,
36the department shall specify the timeliness requirements related
37to the reporting of each disease and condition, and the mechanisms
38required for, and the content to be included in, reports made
P4 1pursuant to this section. The list of reportable diseases and
2conditions may include both communicable and noncommunicable
3diseases. The list may include those diseases that are either known
4to be, or suspected of being, transmitted by milk or milk-based
5products. The list shall include antibiotic resistant infections. The
6department shall consider
adding all urgent, serious, and concerning
7resistant infections listed in the federal Centers for Disease Control
8and Prevention (CDCR) report entitled “Antibiotic Resistance
9Threats in the United States, 2013.”
10(b) (1) The list may be modified at any time by the department,
11after consultation with the California Conference of Local Health
12Officers. When modifying the list, the department shall consider
13any updates that have been made
to the federal CDCR report
14identified in subdivision (a).
15(2) Modification of the list shall be exempt from the
16administrative regulation and rulemaking requirements of Chapter
173.5 (commencing with Section 11340) of Part 1 of Division 3 of
18Title 2 of the Government Code, and shall be implemented without
19being adopted as a regulation, except that the revised list shall be
20filed with the Secretary of State and printed in the California Code
21of Regulations as required pursuant to subdivision (e). Those
22diseases listed as reportable shall be properly reported as required
23to the department by the health officer.
24(c) The department shall establish a list of communicable
25diseases and conditions for which clinical laboratories shall submit
26a culture or a specimen to the local public health laboratory. The
27list shall set forth the conditions under which the culture and
28specimen shall also be submitted to the State Public Health
29Laboratory. The list may be modified at any time by the
30department, in consultation with appropriate local public health
31stakeholders, including, but not limited to, local health officers
32and public health laboratory directors. Both establishment and
33modification of the list shall be exempt from the administrative
34regulation and rulemaking requirements of Chapter 3.5
35(commencing with Section 11340) of Part 1 of Division 3 of Title
362 of the Government Code, and shall be implemented without
37being adopted as a regulation, except
that the initial list and any
38modifications shall be filed with the Secretary of State and printed
39in the California Code of Regulations as required pursuant to
40subdivision (f).
P5 1(d) The department may from time to time adopt and enforce
2regulations requiring strict or modified isolation, or quarantine,
3for any of the contagious, infectious, or communicable diseases,
4if in the opinion of the department the action is necessary for the
5protection of the public health.
6(e) The health officer may require strict or modified isolation,
7or quarantine, for any case of contagious, infectious, or
8communicable disease, when this action is necessary for the
9protection of the public health.
10(f) The lists established pursuant to subdivisions (a) and (b) and
11any subsequent modifications shall be published in Title 17 of the
12California Code of Regulations.
13(g) Notwithstanding any other provision of law, no civil or
14criminal penalty, fine, sanction, or finding, or denial, suspension,
15or revocation of licensure for any person or facility may be imposed
16based upon a failure to provide the notification of a reportable
17disease or condition or to provide the submission of a culture or
18specimen that is required under this section, unless the name of
19the disease or condition that is required to be reported, or for which
20a culture or specimen is required to be submitted, was printed in
21the California Code of Regulations and the department notified
22the person or facility of the disease or condition at least six months
23prior to the date of the claimed failure to report or submit.
24(h) Commencing July 1, 2009, or within one year of the
25establishment of a state electronic laboratory reporting system,
26whichever is later, a report generated pursuant to this section, or
27Section 121022, by a laboratory shall be submitted electronically
28in a manner specified by the department. The department shall
29allow laboratories that receive incomplete patient information to
30 report the name of the provider who submitted the request to the
31local health officer.
32(i) The department may, through its
Internet Web site and via
33electronic mail, advise out-of-state laboratories that are known to
34the department to test specimens from California residents of the
35new reporting requirements.
36(j) To the extent allowed by law, the department may share the
37information gathered on antibiotic resistant infection with the
38federal CDCR.
No reimbursement is required by this act pursuant to
40Section 6 of Article XIII B of the California Constitution because
P6 1the only costs that may be incurred by a local agency or school
2district will be incurred because this act creates a new crime or
3infraction, eliminates a crime or infraction, or changes the penalty
4for a crime or infraction, within the meaning of Section 17556 of
5the Government Code, or changes the definition of a crime within
6the meaning of Section 6 of Article XIII B of the California
7Constitution.
O
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