Bill Text: CA AB614 | 2015-2016 | Regular Session | Chaptered
Bill Title: Health care standards of practice.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2015-10-02 - Chaptered by Secretary of State - Chapter 435, Statutes of 2015. [AB614 Detail]
Download: California-2015-AB614-Chaptered.html
BILL NUMBER: AB 614 CHAPTERED
BILL TEXT
CHAPTER 435
FILED WITH SECRETARY OF STATE OCTOBER 2, 2015
APPROVED BY GOVERNOR OCTOBER 2, 2015
PASSED THE SENATE AUGUST 17, 2015
PASSED THE ASSEMBLY SEPTEMBER 3, 2015
AMENDED IN SENATE JUNE 2, 2015
AMENDED IN SENATE MAY 27, 2015
AMENDED IN ASSEMBLY APRIL 16, 2015
INTRODUCED BY Assembly Member Brown
FEBRUARY 24, 2015
An act to amend Sections 1254.5 and 1275 of the Health and Safety
Code, relating to health facilities.
LEGISLATIVE COUNSEL'S DIGEST
AB 614, Brown. Health care standards of practice.
Existing law provides for the licensure and regulation of health
facilities by the State Department of Public Health. A violation of
these provisions is a crime. Existing law authorizes the department
to promulgate rules and regulations regarding health facilities, in
accordance with the provisions of the Administrative Procedure Act.
This bill would authorize the department to use a streamlined
administrative process to update regulatory references to health care
standards of practice adopted by a state or national association
when outdated standards are already referenced in the California Code
of Regulations. The procedure created by this bill would, among
other things, require the department to post the update on the
department's Internet Web site, notify stakeholders of the proposed
change, submit notice of the proposed change to the Office of
Administrative Law for publication in the California Regulatory
Notice Register, accept comments, and consider those comments prior
to the adoption of the new standards. The bill would require, if a
member of the public requests a public hearing, that the department
hold a hearing and consider any comments. The bill would, if comments
are submitted in opposition to the proposed change, require the
department to instead follow the procedures provided for by the
Administrative Procedure Act.
Existing law requires inpatient treatment of eating disorders to
be provided only in state licensed hospitals. Existing law defines
"eating disorders" for these purposes as anorexia nervosa and bulimia
as defined in the 1980 Diagnostic and Statistical Manual of Mental
Disorders, published by the American Psychiatric Association.
This bill would instead define "eating disorders" to have the
meaning of the term as defined in the most recent edition of the
Diagnostic and Statistical Manual of Mental Disorders, as published
by the American Psychiatric Association. By changing the definition
of a crime applicable to health facilities, this bill would create 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1254.5 of the Health and Safety Code is amended
to read:
1254.5. (a) The Legislature finds and declares that the disease
of eating disorders is not simply medical or psychiatric, but
involves biological, sociological, psychological, family, medical,
and spiritual components. In addition, the Legislature finds and
declares that the treatment of eating disorders is multifaceted, and
like the treatment of chemical dependency, does not fall neatly into
either the traditional medical or psychiatric milieu.
(b) The inpatient treatment of eating disorders shall be provided
only in state licensed hospitals, which may be general acute care
hospitals as defined in subdivision (a) of Section 1250, acute
psychiatric hospitals as defined in subdivision (b) of Section 1250,
or any other licensed health facility designated by the State
Department of Public Health.
(c) "Eating disorders," for the purposes of this section, shall
have the meaning of the term as defined in the Diagnostic and
Statistical Manual of Mental Disorders, as published by the American
Psychiatric Association.
SEC. 2. Section 1275 of the Health and Safety Code is amended to
read:
1275. (a) (1) The department shall adopt, amend, or repeal, in
accordance with Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code and Chapter 4
(commencing with Section 18935) of Part 2.5 of Division 13, any
reasonable rules and regulations as may be necessary or proper to
carry out the purposes and intent of this chapter and to enable the
state department to exercise the powers and perform the duties
conferred upon it by this chapter, not inconsistent with any other
law including, but not limited to, the California Building Standards
Law, Part 2.5 (commencing with Section 18901) of Division 13.
(2) All regulations in effect on December 31, 1973, which were
adopted by the State Board of Public Health, the State Department of
Public Health, the State Department of Mental Hygiene, or the State
Department of Health relating to licensed health facilities shall
remain in full force and effect until altered, amended, or repealed
by the director or pursuant to Section 25 or other provisions of law.
(b) Notwithstanding this section or any other law, the Office of
Statewide Health Planning and Development shall adopt and enforce
regulations prescribing building standards for the adequacy and
safety of health facility physical plants.
(c) The building standards adopted by the State Fire Marshal, and
the Office of Statewide Health Planning and Development pursuant to
subdivision (b), for the adequacy and safety of freestanding physical
plants housing outpatient services of a health facility licensed
under subdivision (a) or (b) of Section 1250 shall not be more
restrictive or comprehensive than the comparable building standards
established, or otherwise made applicable, by the State Fire Marshal
and the Office of Statewide Health Planning and Development to
clinics and other facilities licensed pursuant to Chapter 1
(commencing with Section 1200).
(d) Except as provided in subdivision (f), the licensing standards
adopted by the department under subdivision (a) for outpatient
services located in a freestanding physical plant of a health
facility licensed under subdivision (a) or (b) of Section 1250 shall
not be more restrictive or comprehensive than the comparable
licensing standards applied by the department to clinics and other
facilities licensed under Chapter 1 (commencing with Section 1200).
(e) Except as provided in subdivision (f), the state agencies
specified in subdivisions (c) and (d) shall not enforce any standard
applicable to outpatient services located in a freestanding physical
plant of a health facility licensed pursuant to subdivision (a) or
(b) of Section 1250, to the extent that the standard is more
restrictive or comprehensive than the comparable licensing standards
applied to clinics and other facilities licensed under Chapter 1
(commencing with Section 1200).
(f) All health care professionals providing services in settings
authorized by this section shall be members of the organized medical
staff of the health facility to the extent medical staff membership
would be required for the provision of the services within the health
facility. All services shall be provided under the respective
responsibilities of the governing body and medical staff of the
health facility.
(g) (1) Notwithstanding any other law, the department may, without
taking regulatory action pursuant to Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code, update references in the California Code of Regulations to
health care standards of practice adopted by a recognized state or
national association when the state or national association and its
outdated standards are already named in the California Code of
Regulations. When updating these references, the department shall:
(A) Post notice of the department's proposed adoption of the state
or national association's health care standards of practice on its
Internet Web site for at least 45 days. The notice shall include the
name of the state or national association, the title of the health
care standards of practice, and the version of the updated health
care standards of practice to be adopted.
(B) Notify stakeholders that the proposed standards have been
posted on the department's Internet Web site by issuing a mailing to
the most recent stakeholder list on file with the department's Office
of Regulations.
(C) Submit to the Office of Administrative Law the notice required
pursuant to this paragraph. The office shall publish in the
California Regulatory Notice Register any notice received pursuant to
this subparagraph.
(D) Accept public comment for at least 30 days after the
conclusion of the 45-day posting period specified in subparagraph
(A).
(2) If a member of the public requests a public hearing during the
public comment period, a hearing shall be held and comments shall be
considered prior to the adoption of the state or national
association's health care standards of practice.
(3) If no member of the public requests a public hearing, the
department shall consider any comments received during the public
comment period prior to the adoption of the health care standards.
(4) Written responses to public comments shall not be required. If
public comments are submitted in opposition to the adoption of the
proposed standards, or the state or national association named in the
California Code of Regulations no longer exists, the department
shall seek adoption of the standards using the regulatory process
specified in Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code. A state or national
association named in the California Code of Regulations that has
changed its name does not constitute an association that no longer
exists.
(5) If no opposition is received by the department, the department
shall update its Internet Web site to notify the public that the
standard has been adopted and the effective date of that standard.
(h) For purposes of this section, "freestanding physical plant"
means any building which is not physically attached to a building in
which inpatient services are provided.
SEC. 3. 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.
