Bill Text: CA AB1102 | 2017-2018 | Regular Session | Amended
Bill Title: Health facilities: whistleblower protections.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2017-04-20 - From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended. [AB1102 Detail]
April 20, 2017|
|Assembly Bill||No. 1102|
|Introduced by Assembly Member Rodriguez|
February 17, 2017
LEGISLATIVE COUNSEL'S DIGEST
Existing law requires the State Department of Public Health to adopt regulations that establish minimum, specific, and numerical licensed nurse-to-patient ratios by licensed nurse classification and by hospital unit, as defined, for all licensed health facilities, as specified. Existing law requires additional staff to be assigned in accordance with a documented patient classification system for determining nursing care requirements, as specified. Existing law prohibits a registered nurse from being assigned to a nursing unit or clinical area unless that nurse has first received sufficient orientation in that clinical area and has demonstrated current competence, as specified. This bill would additionally prohibit a health facility from discriminating or retaliating against any of the above-described persons because that person has refused an assignment or change in assignment on the basis that it would violate requirements set forth pursuant to regulations adopted under the provisions described above relating to nursing. By expanding the scope of a crime, this bill would impose a
state-mandated local program. The bill would also make technical, nonsubstantive changes to those provisions. 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.
Digest KeyVote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program:
The people of the State of California do enact as follows:
SECTION 1.Section 1278.5 of the Health and Safety Code is amended to read:
1278.5.(a) The Legislature finds and declares that it is the public policy of the State of California to encourage patients, nurses, members of the medical staff, and other health care workers to notify government entities of suspected unsafe patient care and conditions. The Legislature encourages this reporting in order to protect patients and in order to assist those accreditation and government entities charged with ensuring that health care is safe. The Legislature finds and declares that whistleblower protections apply primarily to issues relating to the care, services, and conditions of a facility and are not intended to conflict with existing provisions in state and federal law relating to employee and employer relations.
(C)Has refused an assignment or change in assignment on the basis that it would violate requirements set forth pursuant to regulations adopted under Section 1276.4, including any requirements related to nurse assignments. No reimbursement is required by this act pursuant to Section 6 of Article XIII B 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 XIII B of the California Constitution.