Bill Text: CA AB249 | 2009-2010 | Regular Session | Amended

California Assembly Bill 249 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Health facilities: marking patient devices.

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Vetoed) 2010-01-14 - Consideration of Governor's veto stricken from file. [AB249 Detail]

Download: California-2009-AB249-Amended.html

BILL NUMBER: AB 249	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 5, 2009

INTRODUCED BY   Assembly Member Carter
    (   Coauthors:   Assembly Members 
 Emmerson,   Bonnie Lowenthal,   Portantino,
  Torres,   and Yamada   ) 

                        FEBRUARY 10, 2009

   An act to amend Section 1289.4 of  , and to add Section
1289.6 to,  the Health and Safety Code, relating to health
facilities.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 249, as amended, Carter. Health facilities: marking patient
devices.
   Existing law provides for the licensure and regulation of health
facilities  , including long-term health care facilities, 
by the State Department of Public Health.  Violations
  Violation  of these provisions 
constitute   constitutes  a misdemeanor. Existing
law also requires long-term health care facilities to implement a
theft and loss program, as specified, including a written patient
personal property inventory. 
   The 
    This  bill would  also  require, as
part of the written patient personal property inventory in long-term
health care facilities, a listing, by a unique identification number,
of all patient-owned mobility, hearing,  eating, 
or breathing equipment, including, but not limited to, canes,
walkers, wheelchairs, hearing aids,  and  oxygen equipment
 , and denture containers. This bill would require all other
health facilities to create a log to track, by serial number or other
unique identification number, all patient-owned mobility, hearing,
eating, or breathing equipment, as specified  . Because the
bill would create a new crime, this bill would impose a
state-mandated local program.
   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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1289.4 of the Health and Safety Code is amended
to read:
   1289.4.  A theft and loss program shall be implemented by the
long-term health care facilities within 90 days after January 1,
1988. The program shall include all of the following:
   (a) Establishment and posting of the facility's policy regarding
theft and investigative procedures.
   (b) Orientation to the policies and procedures for all employees
within 90 days of employment.
   (c) Documentation of lost and stolen patient property with a value
of twenty-five dollars ($25) or more and, upon request, the
documented theft and loss record for the past 12 months shall be made
available to the State Department of Health Services, the county
health department, or law enforcement agencies and to the office of
the State Long-Term Care Ombudsman in response to a specific
complaint. The documentation shall include, but not be limited to,
the following:
   (1) A description of the article.
   (2) Its estimated value.
   (3) The date and time the theft or loss was discovered.
   (4) If determinable, the date and time the loss or theft occurred.

   (5) The action taken.
   (d) A written patient personal property inventory is established
upon admission and retained during the resident's stay in the
long-term health care facility. A copy of the written inventory shall
be provided to the resident or the person acting on the resident's
behalf. Subsequent items brought into or removed from the facility
shall be added to or deleted from the personal property inventory by
the facility at the written request of the resident, the resident's
family, a responsible party, or a person acting on behalf of a
resident. The facility shall not be liable for items which have not
been requested to be included in the inventory or for items which
have been deleted from the inventory. A copy of a current inventory
shall be made available upon request to the resident, responsible
party, or other authorized representative. The resident, resident's
family, or a responsible party may list those items which are not
subject to addition or deletion from the inventory, such as personal
clothing or laundry, which are subject to frequent removal from the
facility. The inventory shall include a listing, by a unique
identification number, of all patient-owned mobility, hearing,
 eating,  or breathing equipment, including, but not
limited to, canes, walkers, wheelchairs, hearing aids, 
oxygen equipment, and denture containers   and oxygen
equipment  . If the equipment does not have a serial number or
other unique identification number,  at the request of the
resident, the resident's family, or another responsible party, 
the long-term health care facility  may   shall
 assign a unique identification number and place a tag with that
number on the item  if it would not cause permanent damage to
the item  .
   (e) Inventory and surrender of the resident's personal effects and
valuables upon discharge to the resident or authorized
representative in exchange for a signed receipt.
   (f) Inventory and surrender of personal effects and valuables
following the death of a resident to the authorized representative in
exchange for a signed receipt. Immediate notice to the public
administrator of the county upon the death of a resident without
known next of kin as provided in Section 7600.5 of the Probate Code.
   (g) Documentation, at least semiannually, of the facility's
efforts to control theft and loss, including the review of theft and
loss documentation and investigative procedures and results of the
investigation by the administrator and, when feasible, the resident
council.
   (h) Establishment of a method of marking, to the extent feasible,
personal property items for identification purposes upon admission
and, as added to the property inventory list, including engraving of
dentures and tagging of other prosthetic devices.
   (i) Reports to the local law enforcement agency within 36 hours
when the administrator of the facility has reason to believe patient
property with a then current value of one hundred dollars ($100) or
more has been stolen. Copies of those reports for the preceding 12
months shall be made available to the State Department of Health
Services and law enforcement agencies.
   (j) Maintenance of a secured area for patients' property which is
available for safekeeping of patient property upon the request of the
patient or the patient's responsible party. Provide a lock for the
resident's bedside drawer or cabinet upon request of and at the
expense of the resident, the resident's family, or authorized
representative. The facility administrator shall have access to the
locked areas upon request.
   (k) A copy of this section and Sections 1289.3 and 1289.5 is
provided by a facility to all of the residents and their responsible
parties, and, available upon request, to all of the facility's
prospective residents and their responsible parties.
   (l) Notification to all current residents and all new residents,
upon admission, of the facility's policies and procedures relating to
the facility's theft and loss prevention program. 
  SEC. 2.    Section 1289.6 is added to the Health
and Safety Code, to read:
   1289.6.  A health facility, except for a long-term health care
facility, shall create a log to track, by serial number or other
unique identification number, all patient-owned mobility, hearing,
eating, or breathing equipment, including, but not limited to, canes,
walkers, wheelchairs, hearing aids, oxygen equipment, and denture
containers. If the item does not have a serial number or other unique
identification number, the health facility may assign it a unique
identification number and affix a tag with that number to the item.
The log shall be searchable by both patient and unique identification
number. 
   SEC. 3.   SEC. 2.   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.