Bill Text: CA SB728 | 2013-2014 | Regular Session | Amended
Bill Title: Long-term care facilities: health care decisions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-02-03 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB728 Detail]
Download: California-2013-SB728-Amended.html
BILL NUMBER: SB 728 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 1, 2013
INTRODUCED BY Senator Wolk
FEBRUARY 22, 2013
An act to amend Section 34500 of the Vehicle Code,
relating to vehicles add Sections 1271.2, 1565, and
1569.25 to the Health and Safety Code, relating to health care
decisions .
LEGISLATIVE COUNSEL'S DIGEST
SB 728, as amended, Wolk. Vehicles: safe operation:
Department of the California Highway Patrol. Long-term
care facilities: health care decisions.
Existing law provides for the licensure and regulation of health
facilities by the State Department of Public Health. Under the
California Community Care Facilities Act, the State Department of
Social Services licenses and regulates community care facilities,
including residential facilities, and under the California
Residential Care Facilities for the Elderly Act, the State Department
of Social Services licenses and regulates residential facilities for
the elderly. A violation of these provisions is a crime, as
specified.
This bill would require specified health facilities and
residential facilities and residential care facilities for the
elderly to provide a person with a Physician Orders for
Life-Sustaining Treatment form, as defined, upon his or her admission
to the facility. The bill would provide that violations of these
provisions do not constitute a crime.
Existing law requires the Department of the California Highway
Patrol to regulate the safe operation of specified vehicles,
including, among others, schoolbuses and commercial motor vehicles.
This bill would make technical, nonsubstantive changes to these
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1271.2 is added to the
Health and Safety Code , to read:
1271.2. (a) A health facility licensed under Section 1250 that
provides long-term care for older individuals and functionally
impaired adults shall provide a person with a "Physician Orders for
Life-Sustaining Treatment form," as defined in paragraph (3) of
subdivision (a) of Section 4780 of the Probate Code, upon his or her
admission to the facility.
(b) Section 1290 shall not apply to this section.
SEC. 2. Section 1565 is added to the
Health and Safety Code , to read:
1565. (a) A residential facility licensed pursuant to this
chapter that provides long-term care for older individuals and
functionally impaired adults shall provide a person with a "Physician
Orders for Life-Sustaining Treatment form," as defined in paragraph
(3) of subdivision (a) of Section 4780 of the Probate Code, upon his
or her admission to the facility.
(b) Sections 1540 and 1543 shall not apply to this section.
SEC. 3. Section 1569.25 is added to the
Health and Safety Code , to read:
1569.25. (a) A residential care facility for the elderly licensed
pursuant to this chapter shall provide a person with a "Physician
Orders for Life-Sustaining Treatment form," as defined in paragraph
(3) of subdivision (a) of Section 4780 of the Probate Code, upon his
or her admission to the facility.
(b) Sections 1569.40 and 1569.43 shall not apply to this section.
SECTION 1. Section 34500 of the Vehicle Code is
amended to read:
34500. The department shall regulate the safe operation of all of
the following vehicles:
(a) Motortrucks of three or more axles that are more than 10,000
pounds gross vehicle weight rating.
(b) Truck tractors.
(c) Buses, schoolbuses, school pupil activity buses, youth buses,
farm labor vehicles, and general public paratransit vehicles.
(d) Trailers and semitrailers designed or used for the
transportation of more than 10 persons, and the towing motor vehicle.
(e) Trailers and semitrailers, pole or pipe dollies, auxiliary
dollies, and logging dollies used in combination with the vehicles
listed in subdivision (a), (b), (c), or (d). This subdivision does
not include camp trailers, trailer coaches, and utility trailers.
(f) A combination of a motortruck and a vehicle or vehicles set
forth in subdivision (e) that exceeds 40 feet in length when coupled
together.
(g) A truck, or a combination of a truck and any other vehicle,
transporting hazardous materials.
(h) Manufactured homes that, when moved upon the highway, are
required to be moved pursuant to a permit as specified in Section
35780 or 35790.
(i) A park trailer, as described in Section 18009.3 of the Health
and Safety Code, that, when moved upon a highway, is required to be
moved pursuant to a permit pursuant to Section 35780.
(j) Any other motortruck not specified in subdivisions (a) to (h),
inclusive, or subdivision (k), that is regulated by the Department
of Motor Vehicles, Public Utilities Commission, or United States
Secretary of the Department of Transportation, but only for matters
relating to hours of service and logbooks of drivers.
(k) A commercial motor vehicle with a gross vehicle weight rating
of 26,001 or more pounds or a commercial motor vehicle of any gross
vehicle weight rating towing a vehicle described in subdivision (e)
with a gross vehicle weight rating of more than 10,000 pounds, except
combinations including camp trailers, trailer coaches, or utility
trailers. For purposes of this subdivision, the term "commercial
motor vehicle" has the meaning defined in subdivision (b) of Section
15210.
