Amended  IN  Senate  April 11, 2019
Amended  IN  Senate  March 19, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill No. 156

Introduced by Senator Nielsen
(Principal coauthor: Assembly Member Gallagher)

January 23, 2019

An act to amend Section 1250.8 of add Section 1251.6 to the Health and Safety Code, relating to health facilities.


LEGISLATIVE COUNSEL'S DIGEST


SB 156, as amended, Nielsen. Health facilities: consolidated licensing. emergency medical services.
Under existing law, the California Emergency Services Act, the Governor is authorized to proclaim a state of emergency, as defined, under specified circumstances. The California Emergency Services Act also authorizes the governing body of a city, county, or city and county, or an official designated by ordinance adopted by that governing body, to proclaim a local emergency, as defined.
Existing law requires the State Department of Public Health to license and regulate various health facilities, including general acute care hospitals. Existing law generally requires the department to issue a single consolidated license to a general acute care hospital that meets the requirements for licensure and includes more than one physical plant maintained and operated on separate premises located within a 15-mile radius of each other, and requires the single consolidated license to be renewed annually. Existing law authorizes the director to exempt an applicant from the 15-mile radius requirement under specified circumstances, including that one or more of the physical plants is located in a rural area. hospitals and acute psychiatric hospitals. Existing law requires the department to issue a special permit, in addition to a license, to a health facility to offer one or more special services, such as an emergency center, if specified requirements are met, including that the department finds that the standards of care and services are adequate and appropriate. Existing regulations generally require emergency medical services and care to be provided within a hospital. Existing law provides that the special permit expires on the expiration date of the license, which occurs 12 months from the date of the issuance of the license.
This bill would require the director to issue a single consolidated license to a special permit to an applicant, defined as a general acute care hospital or acute psychiatric hospital that does not meet the 15-mile radius requirement if it is located hospital, to offer emergency medical services and care within a facility that is located outside of the general acute care hospital or acute psychiatric hospital, if the emergency medical services and care that are provided pursuant to this provision are delivered to individuals who are located in a city, county, or city and county that is in an area affected by a proclaimed state of emergency or local emergency, and the applicant otherwise satisfies specified requirements, including that it can provide adequate administrative and professional supervision. The bill would require this single consolidated license special permit to expire 2 years from the date of its issuance, and would authorize the license special permit to be renewed every 2 years for a period not to exceed 6 years from the initial date of issuance.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 1251.6 is added to the Health and Safety Code, to read:

1251.6.
 (a)  The department shall issue a special permit, as defined in Section 1251.5, to an applicant to offer emergency medical services and care, as described in Section 70649 of Title 22 of the California Code of Regulations, within a facility that is located outside of the general acute care hospital or acute psychiatric hospital, if an applicant provides satisfactory evidence to the department that the applicant meets all of the following requirements:
(1) Complies with the requirements of the special permit.
(2) Renders quality care.
(3) Provides adequate administrative and professional supervision.
(b) The emergency medical services and care that are provided pursuant to this section shall be delivered to individuals who are at a location in a city, county, or city and county that is in an area affected by a proclaimed state of emergency or local emergency, as defined in subdivisions (b) and (c) of Section 8558 of the Government Code. As a result of the state of emergency, the applicant has an insufficient number of licensed beds for a prolonged period of time, which necessitates the issuance of a special permit to ensure continuity in the provision of emergency medical services and care to the community.
(c) For purposes of this section, “applicant” means a general acute care hospital, as defined in subdivision (a) of Section 1250, or acute psychiatric hospital, as defined in subdivision (b) of Section 1250.
(d) Notwith