Section § 1212

Explanation

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.

(a)CA Health & Safety Code § 1212(a) Any person, firm, association, partnership, or corporation desiring a license for a clinic or a special permit for special services under the provisions of this chapter, shall file with the department a verified application on forms prescribed and furnished by the department, containing the following:
(1)CA Health & Safety Code § 1212(a)(1) Evidence satisfactory to the department that the applicant is of reputable and responsible character. If the applicant is a firm, association, partnership, trust, corporation, or other artificial or legal entity, like evidence shall be submitted as to the members, partners, trustees or shareholders, directors, and officers thereof and as to the person who is to be the administrator of, and exercise control, management, and direction of the clinic for which application is made.
(2)CA Health & Safety Code § 1212(a)(2) If the applicant is a partnership, the name and principal business address of each partner, and, if any partner is a corporation, the name and principal business address of each officer and director of the corporation and name and business address of each stockholder owning 10 percent or more of the stock thereof.
(3)CA Health & Safety Code § 1212(a)(3) If the applicant is a corporation, the name and principal business address of each officer and director of the corporation, and if the applicant is a stock corporation, the name and principal business address of each stockholder holding 10 percent or more of the applicant’s stock and, if any stockholder is a corporation, the name and principal business address of each officer and director of the corporate stockholder.
(4)CA Health & Safety Code § 1212(a)(4) Evidence satisfactory to the department of the ability of the applicant to comply with the provisions of this chapter and rules and regulations promulgated under this chapter by the department.
(5)CA Health & Safety Code § 1212(a)(5) The name and address of the clinic, and if the applicant is a professional corporation, firm, partnership, or other form of organization, evidence that the applicant has complied with the requirements of the Business and Professions Code governing the use of fictitious names by practitioners of the healing arts.
(6)CA Health & Safety Code § 1212(a)(6) The name and address of the professional licentiate responsible for the professional activities of the clinic and the licentiate’s license number and professional experience.
(7)CA Health & Safety Code § 1212(a)(7) The class of clinic to be operated, the character and scope of advice and treatment to be provided, and a complete description of the building, its location, facilities, equipment, apparatus, and appliances to be furnished and used in the operation of the clinic.
(8)CA Health & Safety Code § 1212(a)(8) Sufficient operational data to allow the department to determine the class of clinic that the applicant proposes to operate and the initial license fee to be charged.
(9)CA Health & Safety Code § 1212(a)(9) Any other information as may be required by the department for the proper administration and enforcement of this chapter, including, but not limited to, evidence that the clinic has a written policy relating to the dissemination of the following information to patients:
(A)CA Health & Safety Code § 1212(a)(9)(A) A summary of current state laws requiring child passenger restraint systems to be used when transporting children in motor vehicles.
(B)CA Health & Safety Code § 1212(a)(9)(B) A listing of child passenger restraint system programs located within the county, as required by Section 27360 or 27362 of the Vehicle Code.
(C)CA Health & Safety Code § 1212(a)(9)(C) Information describing the risks of death or serious injury associated with the failure to utilize a child passenger restraint system.
(10)CA Health & Safety Code § 1212(a)(10) The information required pursuant to this section shall be provided to the Licensing and Certification Program upon initial application for licensure. Unless otherwise specified, any change in the information that requires the licensee to submit a report of change or written notification to the Licensing and Certification Program shall be provided within 10 business days of the change along with any applicable fee according to subdivision (b) of Section 1266.
(b)Copy CA Health & Safety Code § 1212(b)
(1)Copy CA Health & Safety Code § 1212(b)(1) No application is required if a licensed primary care clinic adds a service that is not a special service, as defined in Section 1203, or any regulation adopted under that section, or remodels or modifies, or adds an additional physical plant maintained and operated on separate premises to, an existing primary care clinic site. However, the clinic shall notify the department, in writing, of the change in service or physical plant no less than 60 days prior to adding the service or remodeling or modifying, or adding an additional physical plant maintained and operated on a separate premises to, an existing primary care clinic site. Nothing in this subdivision shall be construed to limit the authority of the department to conduct an inspection at any time pursuant to Section 1227, in order to ensure compliance with, or to prevent a violation of, this chapter, or any regulation adopted under this chapter.
(2)CA Health & Safety Code § 1212(b)(2) If applicable city, county, or state law obligates the primary care clinic to obtain a building permit with respect to the remodeling or modification to be performed by the clinic, or the construction of a new physical plant, the primary care clinic shall provide a signed certification or statement as described in Section 1226.3 to the department within 60 days following completion of the remodeling, modification, or construction project covered by the building permit.
(c)CA Health & Safety Code § 1212(c) In the course of fulfilling its obligations under Section 1221.09, the department shall ensure that any application form utilized by a primary care clinic, requiring information of the type specified in paragraph (1), (4), (8), or (9) of subdivision (a), is consistent with the requirements of Section 1225, including the requirement that rules and regulations for primary care clinics be separate and distinct from the rules and regulations for specialty clinics. Nothing in this section shall be construed to require the department to issue a separate application form for primary care clinics.
(d)Copy CA Health & Safety Code § 1212(d)
(1)Copy CA Health & Safety Code § 1212(d)(1) The department, upon written notification by a primary care clinic or an affiliate clinic of its intent to add an additional physical plant maintained and operated on separate premises, as described in paragraph (1) of subdivision (b) and upon payment of a licensing fee for each additional physical plant added, shall review the information provided in the notification, and if the information submitted is in compliance with the requirements specified in this subdivision, the department shall approve the additional physical plant within 30 days of all information being submitted and shall amend the primary care clinic or affiliate clinic’s license to include the additional physical plant as part of a single consolidated license. If the notification does not include the information required by this subdivision, the department shall notify the licensee of the need for additional information and shall not amend the license to add the additional physical plant until the additional information is received and reviewed by the department.
(2)CA Health & Safety Code § 1212(d)(2) Written notification shall include evidence that the primary care clinic or affiliate clinic is licensed in good standing and otherwise meets the criteria specified in this subdivision. In issuing the single consolidated license, the department shall specify the location of each physical plant.
(3)CA Health & Safety Code § 1212(d)(3) The written notification shall demonstrate compliance with all of the following criteria:
(A)CA Health & Safety Code § 1212(d)(3)(A) There is a single governing body for all the facilities maintained and operated by the licensee.
(B)CA Health & Safety Code § 1212(d)(3)(B) There is a single administration for all the facilities maintained and operated by the licensee.
(C)CA Health & Safety Code § 1212(d)(3)(C) There is a single medical director for all the facilities maintained and operated by the licensee, with a single set of bylaws, rules, and regulations.
(D)CA Health & Safety Code § 1212(d)(3)(D) The additional physical plant meets minimum construction standards of adequacy and safety for clinics found in the most recent version of the California Building Standards Code and prescribed by the Office of Statewide Health Planning and Development, as required in subdivision (b) of Section 1226. Compliance with the minimum construction standards of adequacy and safety may be established as specified in Section 1226.3.
(E)CA Health & Safety Code § 1212(d)(3)(E) The additional physical plant meets fire clearance standards.
(4)CA Health & Safety Code § 1212(d)(4) The written notification required to be submitted pursuant to this subdivision shall include all of the following documentation:
(A)CA Health & Safety Code § 1212(d)(4)(A) The name and address of the licensee’s corporation administrative office, including the name and contact information for the corporation’s chief executive officer or executive director.
(B)CA Health & Safety Code § 1212(d)(4)(B) The name and address of, and the hours of operation and services provided by, the additional physical plant.
(C)CA Health & Safety Code § 1212(d)(4)(C) A copy of any document confirming the corporation’s authority to control the additional physical plant. Examples of acceptable documentation include, but shall not be limited to, a lease or purchase agreement, grant deed, bill of sale, sublease, rental agreement, or memorandum of understanding between the owner of the property and the proposed licensee.
(5)CA Health & Safety Code § 1212(d)(5) A primary care clinic or an affiliate clinic may add additional physical plants pursuant to this section that are no more than one-half mile from the licensed clinic adding the additional physical plant under a consolidated license.
(6)CA Health & Safety Code § 1212(d)(6) Upon renewal of a consolidated license approved pursuant to this subdivision, a licensee fee shall be required for each additional physical plant approved on the license.

Section § 1213

Explanation

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.

A person, firm, association, partnership, corporation, or other legal entity desiring a license for a clinic shall be exempt from the requirements of Chapter 2 (commencing with Section 16000) of Division 12.5.

Section § 1214

Explanation

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.

Each application under this chapter for an initial license, renewal license, license upon change of ownership, or special permit shall be accompanied by a Licensing and Certification Program fee, as follows:
(a)CA Health & Safety Code § 1214(a) For all primary care clinics licensed pursuant to this chapter, the fee shall be set in accordance with Section 1266.
(b)CA Health & Safety Code § 1214(b) For all specialty clinics licensed pursuant to this chapter, the fee shall be set in accordance with Section 1266.
(c)CA Health & Safety Code § 1214(c) For all rehabilitation clinics, the fee shall be set in accordance with Section 1266.

Section § 1214.1

Explanation

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.

Notwithstanding the provisions of Section 1214, each application for a surgical clinic or a chronic dialysis clinic under this chapter for an initial license, renewal license, license upon change of ownership, or special permit shall be accompanied by a Licensing and Certification Program fee set in accordance with Section 1266.

Section § 1214.5

Explanation

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.

Each application under this chapter for an initial license, renewal license, license upon change of ownership, or special permit for a psychology clinic shall be accompanied by a Licensing and Certification Program fee set in accordance with Section 1266.

Section § 1215

Explanation

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.

Each new license issued pursuant to this chapter shall expire 12 months from the date of its issuance, and each special permit shall expire on the expiration date of the underlying license. The state department shall transmit to the licensee a renewal fee invoice at least 45 days prior to the expiration date of the license. Failure by the clinic licensee to make timely payment of the renewal fee shall result in the expiration of the license and special permit, if any. A renewal license or special permit may be issued for a period not to exceed two years if the holder of the license or special permit has not been found to be in violation of any statutory requirements, regulations, or standards during the preceding license period. In all other cases, the renewal license or special permit shall be issued for a period not to exceed one year. Timely application for renewal, accompanied by the necessary fee, shall be deemed equivalent to renewal of a license or special permit, where the department is unable to issue a renewal license or special permit on or before the expiration date.

Section § 1216

Explanation

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.

(a)CA Health & Safety Code § 1216(a) Every clinic holding a license shall, on or before the 15th day of March each year, file with the Department of Health Care Access and Information, upon forms to be furnished by the department, a verified report showing the following information relating to the previous calendar year:
(1)CA Health & Safety Code § 1216(a)(1) Number of patients served and descriptive information, including, but not limited to, age, gender, race, and ethnic background of patients.
(2)CA Health & Safety Code § 1216(a)(2) Number of patient visits by type of service, including all of the following:
(A)CA Health & Safety Code § 1216(a)(2)(A) Child health and disability prevention screens, treatment, and followup services.
(B)CA Health & Safety Code § 1216(a)(2)(B) Medical services.
(C)CA Health & Safety Code § 1216(a)(2)(C) Dental services.
(D)CA Health & Safety Code § 1216(a)(2)(D) Other health services.
(3)CA Health & Safety Code § 1216(a)(3) Total clinic operating expenses.
(4)CA Health & Safety Code § 1216(a)(4) Gross patient charges by payer category, including Medicare, Medi-Cal, the Child Health Disability Prevention Program, county indigent programs, other county programs, private insurance, self-paying patients, nonpaying patients, and other payers.
(5)CA Health & Safety Code § 1216(a)(5) Deductions from revenue by payer category, bad debts, and charity care charges.
(6)CA Health & Safety Code § 1216(a)(6) Additional information as may be required by the Department of Health Care Access and Information or the State Department of Public Health.
(b)CA Health & Safety Code § 1216(b) In the event that a clinic fails to file a timely report, the department may suspend the license of the clinic until the report is completed and filed with the Department of Health Care Access and Information.
(c)CA Health & Safety Code § 1216(c) In order to promote efficient reporting of accurate data, the Department of Health Care Access and Information shall consider the unique operational characteristics of different classifications of licensed clinics, including, but not limited to, the limited scope of services provided by some specialty clinics, in its design of forms for the collection of data required by this section.
(d)CA Health & Safety Code § 1216(d) For the purpose of administering funds appropriated from the Cigarette and Tobacco Products Surtax Fund for support of licensed clinics, clinics receiving those funds may be required to report any additional data the Department of Health Care Access and Information or the State Department of Public Health may determine necessary to ensure the equitable distribution and appropriate expenditure of those funds. This shall include, but not be limited to, information about the poverty level of patients served and communicable diseases reported to local health departments.
(e)CA Health & Safety Code § 1216(e) This section shall apply to all primary care clinics.
(f)CA Health & Safety Code § 1216(f) This section shall apply to all specialty clinics, as defined in subdivision (b) of Section 1204 that receive tobacco tax funds pursuant to Article 2 (commencing with Section 30121) of Chapter 2 of Part 13 of Division 2 of the Revenue and Taxation Code.
(g)CA Health & Safety Code § 1216(g) Specialty clinics that are not required to report pursuant to subdivision (f) shall report data as directed in Section 1216 as it existed prior to the enactment of Chapter 1331 of the Statutes of 1989 and Chapter 51 of the Statutes of 1990.
(h)CA Health & Safety Code § 1216(h) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.

Section § 1216.1

Explanation

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.

(a)CA Health & Safety Code § 1216.1(a) Commencing January 1, 2027, every clinic holding a license and, notwithstanding subdivision (h) of Section 1206, every intermittent clinic operated by a licensed clinic and exempt from licensure shall file with the Department of Health Care Access and Information (HCAI) a verified report pursuant to Sections 127285, 128905, and 128910.
(b)CA Health & Safety Code § 1216.1(b) If a clinic fails to file a timely report pursuant to Sections 127285, 128905, or 128910, either for itself or for any intermittent clinic it operates, the department may suspend the license of the clinic until all required reports are completed and filed with HCAI.

Section § 1217

Explanation

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.

(a)CA Health & Safety Code § 1217(a)  An applicant for a license to operate a primary care clinic, as specified in subdivision (a) of Section 1204 that meets all requirements for licensure under this chapter, except that it proposes to operate its clinic out of an existing facility that does not satisfy all of the applicable building requirements for the physical plant, other than fire and life safety requirements, shall be issued a license by the state department if both of the following requirements are met:
(1)CA Health & Safety Code § 1217(a)(1)  The applicant establishes, by evidence satisfactory to the state department, that, where possible and feasible, the applicable building requirements have been met.
(2)CA Health & Safety Code § 1217(a)(2)  The applicant submits a plan of modernization acceptable to the state department that sets forth the proposed changes to be made, during a period not to exceed three years from the date of initial licensure, to bring the applicant’s facility into substantial conformance with applicable building requirements.
(b)CA Health & Safety Code § 1217(b)  Failure to complete the plan of modernization as approved and within the time allowed shall constitute a basis for revocation or nonrenewal of the applicant’s license unless the applicant earlier applies for and obtains a waiver from the department. The director shall waive building requirements for primary care clinics where he or she determines all of the following conditions are met:
(1)CA Health & Safety Code § 1217(b)(1)  That the requirements cannot be met by an applicant, or that they can be met only at an unreasonable and prohibitive cost.
(2)CA Health & Safety Code § 1217(b)(2)  That the requirements are not essential to protect the health and safety of the clinic staff or the public it serves.
(3)CA Health & Safety Code § 1217(b)(3)  That the granting of the waiver applied for is in the public interest.

Section § 1218

Explanation

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.

Upon the filing of an application for a license or for a special permit, or for renewal of a license or special permit, the state department shall investigate the facts set forth in the application and, if the state department finds that the statements contained in the application are true, that the establishment or the continued operation of the clinic and any special services it provides are in conformity with the intent and purpose of this chapter, and that the applicant is in compliance with the provisions of this chapter and the rules and regulations of the state department, the state department shall issue to the applicant the license or special permit, or renewal thereof, applied for. However, if the director finds that the statements contained in the application are not true, or that the establishment or the continued operation of the clinic, or its special services, is not in conformity with the intent and purpose of this chapter, or that applicant is not in compliance with the provisions of this chapter and the rules and regulations promulgated hereunder, he shall deny the applicant the license or special permit or renewal thereof applied for. The state department shall either grant or deny a license or special permit within 100 days of the filing of a completed application for such license or special permit.

Section § 1218.1

Explanation

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.

(a)CA Health & Safety Code § 1218.1(a)  A clinic corporation on behalf of a primary care clinic that has held a valid, unrevoked, and unsuspended license for at least the immediately preceding five years, with no demonstrated history of repeated or uncorrected violations of this chapter or a regulation adopted under this chapter that pose immediate jeopardy to a patient, as defined in subdivision (f), and that has no pending action to suspend or revoke its license, may file an affiliate clinic application under this section to establish a primary care clinic at an additional site or a mobile health care unit, either of which shall hereafter be referred to as the affiliate clinic. The department, upon receipt of the completed affiliate clinic application submitted by the clinic corporation, shall approve a license for the affiliate clinic, without the necessity of first conducting an initial onsite survey, if all of the following conditions are met:
(1)CA Health & Safety Code § 1218.1(a)(1)  The clinic corporation that operates the existing licensed primary care clinic, which shall hereafter be referred to as the parent clinic, has submitted a completed affiliate clinic application and the associated application fee.
(2)CA Health & Safety Code § 1218.1(a)(2)  The parent and affiliate clinics’ corporate officers, as specified in Section 5213 of the Corporations Code, are the same.
(3)CA Health & Safety Code § 1218.1(a)(3)  The parent and affiliate clinics are owned and operated by the same nonprofit organization with the same board of directors.
(4)CA Health & Safety Code § 1218.1(a)(4)  The parent and affiliate clinics have the same medical director or directors and medical policies, procedures, protocols, and standards.
(b)CA Health & Safety Code § 1218.1(b) The affiliate clinic application shall consist solely of a simple form and required supporting documents giving the following information:
(1)CA Health & Safety Code § 1218.1(b)(1) The name and address of the clinic corporation’s administrative office.
(2)CA Health & Safety Code § 1218.1(b)(2) The name and contact information of the clinic corporation’s chief executive officer or executive director.
(3)CA Health & Safety Code § 1218.1(b)(3) The name and address of the new affiliate primary care clinic site or the location of the new affiliate mobile health care unit.
(4)CA Health & Safety Code § 1218.1(b)(4) The name and contact information of the administrator of the new affiliate primary care clinic site or mobile health care unit.
(5)CA Health & Safety Code § 1218.1(b)(5) The expected days and hours of operation and the services to be provided at the new affiliate primary care clinic site or mobile health care unit.
(6)CA Health & Safety Code § 1218.1(b)(6) Evidence that the new affiliate mobile health care unit meets the requirements of the Mobile Health Care Services Act (Chapter 9 (commencing with Section 1765.101)).
(7)CA Health & Safety Code § 1218.1(b)(7) The type and the manufacturer of the new affiliate mobile health care unit and the proposed area or areas where the new affiliate mobile health care unit will be providing services.
(8)CA Health & Safety Code § 1218.1(b)(8) To the extent otherwise required by law, evidence of compliance with the minimum construction standards for adequacy and safety of the new affiliate clinic’s physical plant, pursuant to the OSHPD 3 requirements of the most recent version of the California Building Code applicable to clinics and subdivision (b) of Section 1226. The compliance may be established in the form prescribed by Section 1226.3.
(9)CA Health & Safety Code § 1218.1(b)(9) Evidence of fire clearance for the new affiliate clinic site.
(10)CA Health & Safety Code § 1218.1(b)(10) A copy of the lease or purchase agreement for the new affiliate clinic site.
(11)CA Health & Safety Code § 1218.1(b)(11) A copy of the transfer agreement between the new affiliate clinic and a local hospital.
(12)CA Health & Safety Code § 1218.1(b)(12) A current list of clinic corporation board members.
(c)CA Health & Safety Code § 1218.1(c) The affiliate clinic application shall be signed by an officer of the clinic corporation’s board of directors or the clinic corporation’s chief executive officer or executive director.
(d)CA Health & Safety Code § 1218.1(d) The department shall issue a clinic license under this section within 30 days of receipt of a completed affiliate clinic application. If approved, a clinic license shall be issued within seven days of approval. If the department determines that an applicant does not meet the conditions stated in subdivision (a), it shall identify, in writing and with particularity, the grounds for that determination, and shall instead process the application in accordance with the time specified in Section 1218.
(e)CA Health & Safety Code § 1218.1(e) Nothing in this section shall prohibit the department from conducting a licensing inspection of the affiliate clinic at any time after receipt of the completed affiliate clinic application.
(f)CA Health & Safety Code § 1218.1(f) For purposes of this section, “immediate jeopardy to a patient” means a situation in which the clinic’s noncompliance with one or more requirements of licensure has caused, or is likely to cause, serious injury, harm, impairment, or death to a patient.

Section § 1218.2

Explanation

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.

Notwithstanding any other provision of law, two or more primary care clinics that are operated by a single nonprofit corporation shall be entitled to consolidate their administrative functions within the State of California without first obtaining the approval of the department. The department shall have access to offsite records. Upon request for access by the department, offsite records shall either be transferred to a clinic or administrative site or be available at the offsite facility within 48 hours. The administrative functions are limited to the following:
(a)CA Health & Safety Code § 1218.2(a)  Offsite storage and maintenance of patient medical records that have been inactive for at least three years.
(b)CA Health & Safety Code § 1218.2(b)  Offsite storage and maintenance of personnel records, except that copies of specific records documenting the employees’ date of hire, general qualifications, proof of current licensure if applicable, training, and annual health checks shall be kept at the site at which the employee provides all or a majority of his or her services.
(c)CA Health & Safety Code § 1218.2(c)  Billing and related financial functions.
(d)CA Health & Safety Code § 1218.2(d)  Purchasing functions.

Section § 1218.3

Explanation

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.

(a)CA Health & Safety Code § 1218.3(a) In order to reduce paperwork, eliminate errors, and streamline communications between the department and licensed primary care clinics, a clinic corporation that operates one or more affiliate clinics shall, on behalf of all licensed clinics it operates, act as the administrative headquarters for purposes of receiving from and submitting to the department communications regarding primary care clinic license applications or license renewals, primary care clinic operations, requests for prior approval, additions of services, primary care clinic relocations, required reports of changes in primary care clinic administration and board of directors, notices of deficiencies, and all communications from the department to primary care clinics licensed by the department including communications by mail, e-mail, facsimile, or any other electronic or telephonic means.
(b)CA Health & Safety Code § 1218.3(b) The department shall maintain a complete corporate file containing information about each clinic corporation operating one or more affiliate clinics, including all of the following:
(1)CA Health & Safety Code § 1218.3(b)(1) A copy of the clinic corporation’s articles of incorporation and bylaws.
(2)CA Health & Safety Code § 1218.3(b)(2) Unless exempt under paragraph (1) of subdivision (a) of Section 1204, a copy of the determination letter to show the clinic corporation’s exempt status under paragraph (3) of subsection (c) of the Internal Revenue Code of 1954, as amended.
(3)CA Health & Safety Code § 1218.3(b)(3) A copy of the clinic corporation’s organizational chart.
(4)CA Health & Safety Code § 1218.3(b)(4) Information identifying the clinic corporation’s governing body, including the clinic corporation’s board of directors and corporate officers and required documents.
(5)CA Health & Safety Code § 1218.3(b)(5) Information identifying the clinic corporation’s administrators, including the chief executive officer or executive director and medical director.
(c)CA Health & Safety Code § 1218.3(c) A clinic corporation shall not be required to resubmit information, materials, or documents identified in subdivision (b) as part of an affiliate clinic application, unless the information, materials, or documents are necessary to complete the corporate file.
(d)CA Health & Safety Code § 1218.3(d) A clinic corporation shall submit to the department, on behalf of all licensed primary care clinics operated by the clinic corporation, a single report of change that is applicable to all primary care clinics operated by the clinic corporation, including a change in a principal officer or general manager of the governing body, the medical director, and the clinic administrator, as required by law.
(e)CA Health & Safety Code § 1218.3(e) A clinic corporation may submit to the department, on behalf of all licensed primary care clinics operated by the clinic corporation that are within the same license renewal month, a single payment for all primary care clinic licensure renewal fees.

Section § 1218.4

Explanation

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.

(a)CA Health & Safety Code § 1218.4(a) A licensed primary care community or free clinic shall report to the department, when renewing its license, whether it is currently operating an intermittent clinic, the location of any intermittent clinic, and the estimated hours of operation of any intermittent clinic.
(b)CA Health & Safety Code § 1218.4(b) For the purposes of this section “intermittent clinic” means a clinic described in subdivision (h) of Section 1206.

Section § 1219

Explanation

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.

(a)CA Health & Safety Code § 1219(a) Except for affiliate clinics, as defined in Section 1218.1, if a clinic or an applicant for a license has not been previously licensed, the department may only issue a provisional license to the clinic as provided in this section.
(b)CA Health & Safety Code § 1219(b) A provisional license to operate a clinic shall terminate six months from the date of issuance.
(c)CA Health & Safety Code § 1219(c) Within 30 days prior to the termination of a provisional license, the department shall give the clinic a full and complete inspection, and, if the clinic meets all applicable requirements for licensure, a regular license shall be issued. If the clinic does not meet the requirements for licensure but has made substantial progress towards meeting such requirements, as determined by the department, the initial provisional license shall be renewed for six months.
(d)CA Health & Safety Code § 1219(d) If the department determines that there has not been substantial progress towards meeting licensure requirements at the time of the first full inspection provided by this section, or, if the department determines upon its inspection made within 30 days of the termination of a renewed provisional license that there is a lack of full compliance with such requirements, no further license shall be issued.
(e)CA Health & Safety Code § 1219(e) If an applicant for a provisional license to operate a clinic has been denied by the department, the applicant may contest the denial by filing a statement of issues, as provided in Section 11504 of the Government Code. The proceedings to review the denial shall be conducted pursuant to the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.

Section § 1219.1

Explanation

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.

(a)CA Health & Safety Code § 1219.1(a)  The state department may issue a provisional license to a clinic if:
(1)CA Health & Safety Code § 1219.1(a)(1)  The clinic and the applicant for licensure substantially meet the standards specified by this chapter and regulations adopted pursuant to this chapter.
(2)CA Health & Safety Code § 1219.1(a)(2)  No violation of this chapter or regulations adopted under this chapter exists in the clinic which jeopardizes the health or safety of patients.
(3)CA Health & Safety Code § 1219.1(a)(3)  The applicant has adopted a plan for correction of any existing violations which is satisfactory to the state department.
(b)CA Health & Safety Code § 1219.1(b)  A provisional license issued under this section shall expire not later than six months after the date of issuance, or at such earlier time as determined by the state department at the time of issuance, and may not be renewed.

Section § 1220

Explanation

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.

Immediately upon the denial of any application for a license or special permit or a renewal thereof, the state department shall notify the applicant in writing. Within 15 days after the state department mails the notice, the applicant may present his written petition for a hearing to the state department. Upon receipt by the state department of the petition in proper form, such petition shall be set for hearing. The proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the state department has all powers granted therein.
The director may issue a temporary license to operate a community clinic or free clinic when the director determines that the facility is in compliance with the provisions of this chapter, except that the facility has applied for but not yet been granted an exemption from federal taxation as required by subdivision (a) of Section 1204. In such cases, the prospective licensee shall submit to the director a copy of its application for exemption from federal taxation which it has sent to the federal Internal Revenue Service. The director shall request the Franchise Tax Board to review the application and to render an opinion regarding whether it is likely that the exemption will be granted. If the Franchise Tax Board so determines, the director may proceed to issue a temporary license. Such temporary license shall expire 12 months from the date of its issuance or upon the facility being granted such exemption from federal taxation. The director shall issue no more than three successive temporary licenses to one facility.

Section § 1220.1

Explanation

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.

(a)CA Health & Safety Code § 1220.1(a) An application for licensure made pursuant to this chapter shall not be denied, nor shall any license issued pursuant to this chapter be suspended, revoked, or otherwise limited, on the basis of a civil judgment, criminal conviction, or disciplinary action imposed by another state if that judgment, conviction, or disciplinary action is based solely on the application of another state’s law that interferes with a person’s right to receive sensitive services that would be lawful if provided in this state.
(b)CA Health & Safety Code § 1220.1(b) This section does not apply to a civil judgment, criminal conviction, or disciplinary action imposed by another state based upon conduct in another state that would subject an applicant, licensee, or health care practitioner subject to this division to a similar claim, charge, or action under the laws of this state.
(c)CA Health & Safety Code § 1220.1(c) For purposes of this section, “sensitive services” has the same meaning as in Section 56.05 of the Civil Code.

Section § 1220.2

Explanation

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.

(a)CA Health & Safety Code § 1220.2(a) Notwithstanding any other state law, and consistent with Sections 1 and 1.1 of Article I of the California Constitution, an individual or state or local officer shall not commence a criminal, civil, professional discipline, or licensing action against a licensee concerning the transport, distribution, delivery, receipt, acquisition, sale, possession, furnishment, dispensation, repackaging, or storage of brand name or generic mifepristone or any drug used for medication abortion that is lawful under the laws of the state.
(b)CA Health & Safety Code § 1220.2(b) The department shall not suspend a license, revoke a license, or otherwise take disciplinary action against a licensee solely on the basis that the licensee transported, distributed, delivered, received, acquired, sold, possessed, furnished, dispensed, repackaged, or stored brand name or generic mifepristone or any drug used for medication abortion that is lawful under the laws of the state.
(c)CA Health & Safety Code § 1220.2(c) The department shall not deny an application for licensure, or suspend a license, revoke a license, or otherwise impose discipline upon a licensee solely because the licensee is licensed in another state and was convicted or disciplined in that state solely for an activity related to brand name or generic mifepristone or any drug used for medication abortion that, if performed in this state, would not be grounds for denial, suspension, revocation, or other discipline.