ClinicsAdministration
Section § 1212
If you want to open a clinic or offer special services in California, you must apply for a license and provide specific details to the Department of Health. This includes showing you're of good character and providing information about your organization and its management. Details about the clinic, services, and facilities must also be included.
If there's a change, like adding non-special services or modifying the clinic, notice must be given to the department in advance. Major changes often require additional documentation and fees. New physical locations have criteria for approval, such as shared administration across sites and meeting building safety standards.
Additionally, if clinics expand within a short distance and under a consolidated license, they have to meet specific requirements and pay fees for each site.
Section § 1213
If someone wants to get a license to operate a clinic, they don't have to follow the rules in Chapter 2, starting with Section 16000, found in Division 12.5.
Section § 1214
If you're applying for a clinic license or renewal in California, you need to pay a fee with your application. Whether it's a new license, a change in ownership, or a special permit, the fee is determined by the type of clinic you run. Fees for primary care clinics, specialty clinics, and rehabilitation clinics follow the guidelines in Section 1266.
Section § 1214.1
If you're applying for a new, renewal, ownership transfer, or special permit license for a surgical or chronic dialysis clinic, you need to pay a fee. This fee is related to the Licensing and Certification Program, as detailed in another section.
Section § 1214.5
If you're applying for a psychology clinic license in California—whether it's a new license, a renewal, a license due to change of ownership, or a special permit—you need to pay a licensing fee as determined by another specific section of the law.
Section § 1215
This law states that clinic licenses in California expire 12 months after they're issued, and any related special permits will expire when the main license does. The state department will send a renewal notice 45 days before the license expires. If clinics don't pay the renewal fee on time, their licenses and permits will expire. If a clinic has followed all legal rules, it can get a renewal for up to two years; otherwise, renewals are limited to one year. If a renewal application and fee are submitted on time, the existing license remains valid even if a new one isn't issued before the old one expires.
Section § 1216
Every clinic with a license in California must submit a verified report by March 15 each year to the Department of Health Care Access and Information. This report should detail the number of patients served, patient demographics, types of services provided, operating expenses, and revenue details. If a clinic fails to submit this report, it risks having its license suspended until compliance. The reporting forms should consider the different types of clinics and their operations. Clinics receiving specific funds from cigarette and tobacco taxes may need to provide additional data for fund management. This requirement applies to all primary and specialty care clinics and will remain effective until January 1, 2027.
Section § 1216.1
Starting January 1, 2027, every licensed clinic and certain clinics that aren't usually required to have a license must send a verified report to the Department of Health Care Access and Information (HCAI). This applies even to temporary clinics operated by licensed ones. The report should be in line with specific sections mentioned.
If a clinic does not submit the required reports on time, the Department can suspend its license until the situation is corrected, meaning all necessary reports are filed with HCAI.
Section § 1217
This law says that a primary care clinic can get a license even if its building doesn't meet all building standards, as long as the facility is safe in terms of fire and life safety. To qualify, the clinic must show they've tried to meet as many building standards as possible and plan to improve within three years.
If they don't finish their upgrades on time, their license can be revoked unless they get a waiver. Waivers are given if meeting the standards is too hard or expensive, if the missing standards aren't crucial for safety, and if giving a waiver is good for the public.
Section § 1218
When someone applies for a license or special permit for a clinic, the state department must check the application and decide within 100 days. They verify if the clinic and any special services it offers follow the rules and goals of the law. If everything checks out, they issue the license or permit. If not, they deny it.
Section § 1218.1
If a primary care clinic has had a good track record for at least the last five years, meaning no serious violations or pending license issues, the clinic can apply to open a new site or a mobile health unit without needing an initial on-site check by the department. This is called applying for an affiliate clinic. For approval, both the existing and new clinics must share the same officers, be owned by the same nonprofit, and have the same medical director, policies, and procedures.
The application for the affiliate clinic must include basic information about the new site, like its location, operational hours, services, and necessary safety and compliance documents. A decision on the license needs to be made within 30 days, and if approved, a license is given within seven days. The department can inspect the new clinic anytime after the application is received.
Immediate jeopardy refers to a noncompliance issue that could seriously harm a patient.
Section § 1218.2
This law allows non-profit organizations operating two or more primary care clinics in California to combine their administrative tasks without needing approval from the state department. They can use offsite locations for certain records and functions, but must make these records available to the department within 48 hours if requested. The allowable administrative functions include storing old patient records, managing personnel files, handling billing, and managing purchases.
Section § 1218.3
This law helps simplify the process for primary care clinics when dealing with the California department. If a company runs multiple clinics, it can act as a hub for all official communications with the department. This includes matters like license applications, renewals, and any changes in how clinics operate. The department keeps a detailed file on each clinic corporation, and the corporation doesn't need to resubmit certain documents for each clinic unless necessary. All clinics under the same corporation can also file a single report for certain changes and make a combined license renewal payment if they have the same renewal month.
Section § 1218.4
This law requires licensed primary care community or free clinics to report specific information when they renew their license. They must state whether they are running an intermittent clinic, where it's located, and its estimated hours of operation. An 'intermittent clinic' is defined based on a specific section of another law.
Section § 1219
This section outlines the rules for issuing provisional licenses to clinics in California. Clinics that have never been licensed before, except affiliate clinics, will first receive a provisional license valid for six months.
Before this license expires, the clinic will be inspected to see if it meets all the necessary requirements. If it does, the clinic gets a regular license. If not but it's close, the provisional license can be extended.
If after further inspection the clinic still does not meet the full requirements, no more licenses will be issued. If an applicant is denied a provisional license, they can dispute the decision following specific government procedures.
Section § 1219.1
The state department can grant a temporary license to a clinic if it mostly meets the required standards, has no serious safety violations, and has a plan to fix any existing issues. This provisional license lasts up to six months and cannot be renewed.
Section § 1220
If your application for a clinic license or permit is denied in California, the state department must let you know in writing. You have 15 days from when they notify you to request a hearing. The hearing will follow specific government procedures.
The director can issue a temporary license for a community or free clinic if it meets all requirements except for having its federal tax exemption approved. To get this temporary license, you need to share your tax exemption application with the director. The Franchise Tax Board will check if you're likely to get that exemption. If they believe you will, the director can give you a temporary license, which lasts 12 months or until you get your tax exemption, whichever comes first. A clinic can hold up to three temporary licenses in a row.
Section § 1220.1
This law section in California ensures that an application for a professional license or existing license cannot be denied, suspended, revoked, or limited due to legal issues like civil judgments or criminal convictions from another state if those issues are solely because of that state's laws which interfere with a person's right to get services considered legal in California.
It also clarifies that if the issue is based on behavior that would be problematic under California's own laws, then this protection doesn’t apply. The term "sensitive services" is defined by the Civil Code.
Section § 1220.2
This law protects individuals and state or local officials from legal action regarding the handling of mifepristone or medication abortion drugs that are legal in California. It also bars the state from taking disciplinary action against a licensee, such as suspending or revoking a license, for activities related to these drugs if they are lawful under state law.
Moreover, the law ensures that licensure applications will not be denied, nor licenses suspended or revoked, solely because the applicant or licensee was penalized in another state for actions involving these drugs that would not be punishable in California.