Bill Text: CA AB974 | 2013-2014 | Regular Session | Chaptered
Bill Title: Patient transfer: nonmedical reasons: notice to contact person or next of kin.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Passed) 2013-10-10 - Chaptered by Secretary of State - Chapter 711, Statutes of 2013. [AB974 Detail]
Download: California-2013-AB974-Chaptered.html
BILL NUMBER: AB 974 CHAPTERED
BILL TEXT
CHAPTER 711
FILED WITH SECRETARY OF STATE OCTOBER 10, 2013
APPROVED BY GOVERNOR OCTOBER 10, 2013
PASSED THE SENATE AUGUST 26, 2013
PASSED THE ASSEMBLY AUGUST 30, 2013
AMENDED IN SENATE JULY 2, 2013
AMENDED IN ASSEMBLY APRIL 16, 2013
INTRODUCED BY Assembly Member Hall
FEBRUARY 22, 2013
An act to amend Section 1317.2 of the Health and Safety Code,
relating to health facilities.
LEGISLATIVE COUNSEL'S DIGEST
AB 974, Hall. Patient transfer: nonmedical reasons: notice to
contact person or next of kin.
Existing law establishes the State Department of Public Health and
sets forth its powers and duties, including, but not limited to, the
licensing and regulation of health facilities, as defined. Existing
law prohibits the transfer of a person needing emergency services
from one hospital to another for any nonmedical reason unless
prescribed conditions are met. A knowing and intentional violation of
those provisions is a crime.
This bill would, in addition, require that, prior to a transfer of
a patient for a nonmedical reason, the hospital ask the patient if
there is a preferred contact person to be notified, and make a
reasonable attempt to contact that person and alert him or her about
the proposed transfer, and, if the patient is not able to respond,
require that the hospital make a reasonable effort to ascertain the
identity of the preferred contact person or the next of kin and alert
him or her about the transfer. The bill would require that the
hospital document any attempts to contact a preferred contact person
or next of kin in the patient's medical record. Because a knowing and
intentional violation of these requirements would be a 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1317.2 of the Health and Safety Code is amended
to read:
1317.2. A person needing emergency services and care shall not be
transferred from a hospital to another hospital for any nonmedical
reason (such as the person's inability to pay for any emergency
service or care) unless each of the following conditions are met:
(a) The person is examined and evaluated by a physician and
surgeon, including, if necessary, consultation, prior to transfer.
(b) The person has been provided with emergency services and care
so that it can be determined, within reasonable medical probability,
that the transfer or delay caused by the transfer will not create a
medical hazard to the person.
(c) A physician and surgeon at the transferring hospital has
notified and has obtained the consent to the transfer by a physician
and surgeon at the receiving hospital and confirmation by the
receiving hospital that the person meets the hospital's admissions
criteria relating to appropriate bed, personnel, and equipment
necessary to treat the person.
(d) The transferring hospital provides for appropriate personnel
and equipment that a reasonable and prudent physician and surgeon in
the same or similar locality exercising ordinary care would use to
effect the transfer.
(e) All of the person's pertinent medical records and copies of
all the appropriate diagnostic test results that are reasonably
available are transferred with the person.
(f) The records transferred with the person include a "Transfer
Summary" signed by the transferring physician and surgeon that
contains relevant transfer information. The form of the "Transfer
Summary" shall, at a minimum, contain the person's name, address,
sex, race, age, insurance status, and medical condition; the name and
address of the transferring physician and surgeon or emergency
department personnel authorizing the transfer; the time and date the
person was first presented at the transferring hospital; the name of
the physician and surgeon at the receiving hospital consenting to the
transfer and the time and date of the consent; the time and date of
the transfer; the reason for the transfer; and the declaration of the
signor that the signor is assured, within reasonable medical
probability, that the transfer creates no medical hazard to the
patient. Neither the transferring physician and surgeon nor
transferring hospital shall be required to duplicate, in the
"Transfer Summary," information contained in medical records
transferred with the person.
(g) The transfer conforms with regulations established by the
state department. These regulations may prescribe minimum protocols
for patient transfers.
(h) The patient shall be asked if there is a preferred contact
person to be notified and, prior to the transfer, the hospital shall
make a reasonable attempt to contact that person and alert him or her
about the proposed transfer, in accordance with subdivision (b) of
Section 56.1007 of the Civil Code. If the patient is not able to
respond, the hospital shall make a reasonable effort to ascertain the
identity of the preferred contact person or the next of kin and
alert him or her about the transfer, in accordance with subdivision
(b) of Section 56.1007 of the Civil Code. The hospital shall document
in the patient's medical record any attempts to contact a preferred
contact person or next of kin.
(i) This section shall not apply to a transfer of a patient for
medical reasons.
(j) This section shall not prohibit the transfer or discharge of a
patient when the patient or the patient's representative requests a
transfer or discharge and gives informed consent to the transfer or
discharge against medical advice.
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.
