Bill Text: CA AB259 | 2017-2018 | Regular Session | Amended
Bill Title: Medical cannabis and nonmedical marijuana: California residency requirement for licensing.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2018-02-01 - Died on inactive file. [AB259 Detail]
Download: California-2017-AB259-Amended.html
Amended
IN
Assembly
March 28, 2017 |
Assembly Bill | No. 259 |
Introduced by Assembly Member Gipson |
January 31, 2017 |
LEGISLATIVE COUNSEL'S DIGEST
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. Existing law prohibits a health facility or its employees or health care providers from refusing to provide emergency services to a patient based upon their ability to pay or upon certain specified characteristics.
This bill would make a technical, nonsubstantive change to those provisions.
Digest Key
Vote:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 19322 of the Business and Professions Code is amended to read:19322.
(a) A person shall not submit an application for a state license issued by a licensing authority pursuant to this chapter unless that person has received a license, permit, or authorization from the local jurisdiction. An applicant for any type of state license issued pursuant to this chapter shall do all of the following:(8)
(9)
(10)
(11)
SEC. 2.
Section 26054.1 of the Business and Professions Code is amended to read:26054.1.
(a)SEC. 3.
The Legislature finds and declares that this act furthers the purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act.(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 any 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. 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)“Rescue team,” as used in this section, 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.