Bill Text: CA SB787 | 2015-2016 | Regular Session | Amended
Bill Title: Hospitals: closures.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Failed) 2016-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 62(a). [SB787 Detail]
Download: California-2015-SB787-Amended.html
BILL NUMBER: SB 787 AMENDED
BILL TEXT
AMENDED IN SENATE JANUARY 5, 2016
AMENDED IN SENATE APRIL 20, 2015
INTRODUCED BY Senator Bates
(Principal coauthor: Assembly Member Brough)
FEBRUARY 27, 2015
An act to add Section 1255.23 to the Health and Safety Code,
relating to hospitals, and declaring the urgency thereof, to take
effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 787, as amended, Bates. Hospitals: closures.
Existing law provides for the licensure and regulation of health
facilities, including general acute care hospitals, by the State
Department of Public Health. Existing law authorizes a general acute
care hospital, as defined, to offer special services, including, but
not limited to, emergency medical services. Existing law requires a
hospital that provides emergency medical services to provide notice
of the planned reduction or elimination of those services to certain
entities and the public, as specified.
This bill would authorize Saddleback Memorial Medical Center to
operate an emergency department at its San Clemente campus, subject
to specified requirements.
This bill would make legislative findings and declarations as to
the necessity of a special statute for the communities of San
Clemente, Dana Point, and San Juan Capistrano.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1255.23 is added to the Health and Safety Code,
immediately following Section 1255.2, to read:
1255.23. (a) Notwithstanding any other law, Saddleback Memorial
Medical Center may operate an emergency department at its San
Clemente campus, subject to approval by the department and all
of the following requirements:
(1) The emergency department shall operate under the consolidated
license of Saddleback Memorial Medical Center and meet all of the
requirements imposed under that license, including being within 15
miles of its parent hospital.
(2) The emergency department shall be a conversion from a
previously existing acute care campus and may not be a newly
developed freestanding emergency department.
(3) The emergency department shall be open 24 hours a day, 365
days a year.
(4) The emergency department shall be staffed by at least one
board-certified emergency physician at all times.
(5) The emergency department shall be staffed with properly
trained emergency room nurses and meet the minimum staffing
requirements for emergency departments in this state.
(6) The emergency department shall have a complete range of
laboratory and diagnostic radiology services, including a complete
array of laboratory test, basic X-ray, computerized tomography (CT)
scan, and ultrasound capabilities.
(7) The emergency department shall meet the specialty call
requirements, as defined by the Orange County Emergency Medical
Services Agency, under its consolidated license.
(8) The emergency department shall have transfer agreements with
specialty centers, such as trauma, burn, and pediatric centers, to
meet the needs of the injury or patient population served in the
community.
(9) The emergency department shall have the capabilities to
stabilize patients with emergency medical conditions and to transport
them to its parent hospital or other higher level of care facilities
in a safe and timely manner, consistent with the standards of care
in the local communities.
(10) The emergency department shall have a fully functioning
transport program with a proven track record of safely transporting
patients who require admission to its parent hospital or other higher
level of care and specialty services facilities, such as trauma,
burn, and pediatric facilities.
(11) The emergency department shall satisfy any other
site-specific criteria that the department deems necessary.
(11)
(12) All applicable federal and state regulatory
requirements shall be met under the consolidated license of
Saddleback Memorial Medical Center, including all applicable
regulations of the federal Centers for Medicare and
Medicaid Services and Title 22 of the California Code of Regulations.
(b) Nothing in this section shall be construed to require
Saddleback Memorial Medical Center to provide for concomitant acute
care services at the San Clemente campus or to seek additional
licensure for operation of the emergency department that is
authorized pursuant to this section.
SEC. 2. The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the unique circumstances regarding the provision of
emergency medical services to the communities of San Clemente, Dana
Point, and San Juan Capistrano.
SEC. 3. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to ensure the provision of emergency medical services to
the communities of San Clemente, Dana Point, and San Juan Capistrano
at the earliest point in time, it is necessary that this act take
effect immediately.
