Health FacilitiesGeneral
Section § 1250
This law defines different types of health facilities in California, specifying what each is responsible for. A 'health facility' provides care and treatment for physical and mental illnesses, and these facilities range from hospitals to smaller specialized centers. For example, a 'general acute care hospital' offers 24-hour medical services and a variety of other care, while 'acute psychiatric hospitals' focus on mental health. 'Skilled nursing facilities' offer extended nursing care, and 'intermediate care facilities' cater to patients needing regular but not constant care.
The statute also describes facilities for developmental disabilities, like 'intermediate care facilities/developmentally disabled,' and several subsets thereof, providing specified levels of care based on patient needs. 'Special hospitals' and 'nursing facilities' offer more focused services like dental and maternity care. It includes 'congregate living health facilities' that cater to diverse needs, such as terminal illnesses or severe disabilities, usually in a homelike setting. 'Correctional treatment centers' are specifically for inmates and are regulated differently. Finally, 'hospice facilities' offer palliative care for those nearing the end of life.
Section § 1250.1
This law requires the department to create rules that define different types of beds in health facilities, like general acute care, skilled nursing, and psychiatric care. It also includes terms for specific facilities like pediatric day health and correctional treatment centers. Beds initially classified as intermediate care before a certain date in 1978 will be reclassified, but this change won't need special approvals or certificates under other laws.
Section § 1250.02
This law states that certain regulations originally meant for small and rural hospitals will now apply to rural general acute care hospitals, which are defined in a specific part of California law. Any mentions of the Office of Statewide Health Planning and Development in these regulations should be understood as referring to the department responsible for health. Additionally, the health department has the authority to create new rules to put this law into practice.
Section § 1250.2
This law defines what qualifies as a 'psychiatric health facility' in California, specifying that such facilities offer 24-hour inpatient care for people with mental health and severe substance use disorders. These facilities must provide essential services like psychiatry and clinical psychology and are only to admit individuals whose physical health needs can be managed in a connected hospital or outpatient setting. There is a focus on moving patients to less restrictive care when possible.
The law also allows these facilities to provide structured outpatient services without needing a special permit, emphasizing less restrictive care options. Furthermore, it stipulates conditions under which these facilities can participate in federal Medicare and Medicaid programs, such as being licensed and meeting specific regulatory requirements.
Section § 1250.03
If a rural hospital offers general acute care but doesn't have surgical and anesthesia services, it must have written agreements to transfer patients to hospitals that do provide these services.
Section § 1250.3
This section defines a 'chemical dependency recovery hospital' as a facility providing 24-hour inpatient care for those with alcohol or drug addiction. These facilities need a medical director who is a licensed physician. They offer services like medication, detox, counseling, and more, but don't handle emergency or severe cases. The law aims to expand access to treatment while ensuring quality and cost-efficiency. Facilities not part of a general hospital must have agreements with them for emergency services. Beds in these facilities must strictly be for addiction treatment. Hospitals can offer addiction recovery services within their structure if they meet specific requirements. Confidentiality is essential, especially for patients with substance use disorders. Recovery services might be provided in standalone or hospital-associated facilities. Finally, the department can implement or adjust these rules without formal regulatory procedures.
Section § 1250.4
This law section defines key terms related to controlling diseases in state prisons and youth facilities in California. It specifies that a licensed medical director must oversee health services at these institutions and take action to identify and control the spread of infectious diseases among inmates.
The medical director can investigate reported or suspected disease cases and has authority to inspect, quarantine, and isolate inmates if necessary. Inmates can be ordered to undergo tests or receive treatment if there is reasonable suspicion of disease exposure.
If an inmate refuses testing or treatment, they can be involuntarily tested and treated and may face disciplinary actions. However, this law does not apply to HIV, AIDS, or tuberculosis, which are governed by different penal codes.
Section § 1250.05
This law mandates that all general acute care hospitals in California must keep an organized medical records system, using a unique identifier for each patient's records. Hospitals are not required to store records electronically or in one place, but they must be able to locate all parts of a patient's records on their premises.
Hospitals must also create policies to ensure that relevant medical records can be accessed promptly when requested by treating doctors, authorized personnel, or legally entitled individuals, while considering record locations, hospital hours, and patients' welfare.
Section § 1250.5
This section defines the term "Council" as referring specifically to the Advisory Health Council.
Section § 1250.06
This law mandates that both general acute care hospitals and acute psychiatric hospitals in California create policies for how to repackage and label bulk cleaning agents, solvents, chemicals, and other hazardous substances. They don't have to involve a pharmacist unless these processes occur in places where sterile compounding is done.
Section § 1250.6
This law says that if there are any rules or mentions of corporations in this chapter, those same rules also apply to limited liability companies (LLCs).
Section § 1250.7
This law allows California to waive certain state regulations for hospitals that qualify as critical access hospitals under a federal program, provided it doesn't harm patient care. The waiver is meant to align with federal rules and is considered to serve the public interest. Additionally, these waivers aren't formal regulations under state law. Despite these waivers, critical access hospitals are still recognized as general acute care hospitals under state law.
Section § 1250.8
This law outlines the criteria for general acute care hospitals in California to receive a single consolidated license that covers multiple physical plants. To qualify, a hospital must have a single governing body, administration, and medical staff, and the facilities must generally be within 15 miles of each other unless specific exceptions apply. These exceptions include facilities in rural areas, those providing only outpatient services, and certain nonprofit children's hospitals affiliated with a university. The law also stipulates that certain services and assets cannot be transferred between facilities without meeting specific requirements, such as obtaining a certificate of need or providing cost estimates. Additionally, this statute addresses reporting obligations, eligibility for Medi-Cal, and specific provisions for Children's Hospital Oakland in connection with other facilities. Transfers of beds and services must comply with regulatory standards, and each facility will retain specific requirements despite holding a consolidated license.
Section § 1250.10
This section outlines the requirements for psychiatric residential treatment facilities in California. These facilities, which are licensed by the State Department of Health Care Services, provide inpatient psychiatric services to individuals under 21 in a non-hospital setting and must maintain Medi-Cal certification.
Facilities must comply with federal regulations, including utilization reviews and length of stay assessments, and meet specific criteria to participate in Medicare and Medicaid programs. They are expected to provide trauma-informed care, maintain accreditation from recognized organizations, and have operational guidelines tied to patient care and discharge planning.
They must collect and report detailed patient and treatment data to the state annually. Regulation guidelines include therapeutic programming availability, occupancy limits, family involvement, and patient rights protections.
The department must also report to the Legislature on the facilities' effectiveness in treating mental health issues by June 2027, ensuring data is de-identified to protect patient privacy.
Section § 1250.11
The State Department of Public Health is tasked with creating guidelines to reduce the risk of spreading blood-borne diseases like HIV and Hepatitis B in healthcare settings. This involves reducing transmission from health care workers to patients, among patients, and from patients to health care workers. The department should consider recommendations from the CDC, existing rules, and the California Occupational Safety and Health Act. They must consult with medical and nursing boards, healthcare organizations, and groups representing patients and healthcare consumers. This evaluation was required to be completed by January 1, 1993.
Section § 1251
A "license" is essentially a permit that allows a health facility to operate with a specified number and type of beds. It is important to note that this license cannot be transferred to another party.
Section § 1251.3
This law allows a general hospital in California that provides alcohol recovery services to switch its license to become an acute psychiatric hospital. The process does not require a certificate of need if three conditions are met: they informed the relevant state departments by September 3, 1982; all general care beds are converted to psychiatric beds; and the hospital does not have more than 31 beds in total.
Section § 1251.4
This law allows the Department of Corrections and Rehabilitation to change the type of license for a general acute care hospital or any health facility located on prison grounds to a correctional treatment center license. This change can be made without needing a licensing inspection. It's a way to streamline the process of transforming hospitals within correctional facilities to better fit their purpose.
Section § 1251.5
A special permit allows a health facility to provide certain extra services beyond its usual offerings. To get this permit, the state department must confirm that the facility meets specific quality standards.
Section § 1251.6
The Camp Fire in 2018 led to the destruction of the Feather River Hospital and the town of Paradise, significantly impacting healthcare access. This law allows Adventist Health to set up temporary emergency stabilization services at the former hospital site to provide essential care during the town's rebuilding process. The site must meet specific operational and staffing standards, operate 24/7, and adhere to existing health regulations, including transfer protocols to nearby hospitals for conditions beyond its capacity.
Hospitals must apply for a special permit to operate these services, which is initially valid for two years and can be renewed for up to six years. They must also conduct a community needs assessment before renewals and report annually on services and outcomes. These measures ensure continued care and assess the viability of constructing a new permanent hospital in Paradise. The section will expire on January 1, 2028, unless extended or revised.
Section § 1252
This section defines what a “special service” is in a health facility. It refers to particular departments or units that deliver specific patient care and meet state standards for quality. However, this definition excludes certain services in nursing facilities that only aim to satisfy federal Medicare and Medicaid requirements unless these services are offered to outpatients.
Additionally, this section states that it does not restrict the state's authority to inspect or ensure that nursing facilities meet therapy requirements, which are detailed in other regulations.
Section § 1253
You can't run a health facility in California without getting a license first. Since July 1, 1974, even if you want to offer special services, you need approval from the state department. If you were already offering these services before the law took effect, you can keep doing so until the state checks the service quality and decides what to do. There's an exception: if a court appoints someone to temporarily manage a long-term care facility, this rule doesn't apply to them.
Section § 1253.1
This law allows skilled nursing or intermediate care facilities already caring for the developmentally disabled to use specific beds for intermediate care without needing additional approvals, as long as certain conditions are met. Firstly, these facilities must have been surveyed and certified by the State Department of Health by July 18, 1977, and the beds must comply with federal standards. Secondly, at least 95% of these beds must be used for residents with developmental disabilities, and a bed is considered converted if used by someone not meeting this criteria. Thirdly, the facility must not have undergone ownership changes that require a new license, except minor structural changes or partner decreases.
Facilities with exemptions must still follow state regulations for intermediate care, even if their licensing suggests otherwise, and notify the state department 30 days before making changes affecting eligibility.
Upon ownership changes not meeting previous criteria, the facility must decide whether to reclassify beds to intermediate-care developmental disabilities or keep current classifications. This reclassification isn't considered a new project and doesn’t need additional approvals.
Section § 1253.2
This section defines key terms used in regulations around operating health facilities. It clarifies the meaning of 'applicant' and 'application' as well as what counts as 'beneficial ownership interest' in a facility, which includes having a 5% or more ownership stake or holding a significant financial connection like a mortgage. The term 'change of ownership' encompasses several scenarios, like mergers or the transfer of property rights, except for transferring stock or membership interests, which don't count as changes. 'License' refers to the official permit to run the facility, which can't be transferred to someone else.
'Manage' includes having operational control and making key decisions, while 'managing employee' refers to individuals overseeing daily operations. A 'management company' runs operations but isn't the licensee. The section also describes the scope of 'ownership interest,' defining both direct and indirect ownership, and explains operating activities like owning or leasing a facility. Lastly, it specifies that a 'parent corporation' is the top legal entity with a controlling interest in the licensed organization.
Section § 1253.3
This law requires anyone wanting to buy or manage a skilled nursing facility in California to get approval and a license from the department before taking any action. The application must be submitted 120 days beforehand and must include detailed information about the applicant, including ownership details, financial capacity, and past compliance issues. If the facility faces urgent issues like receivership or risks to resident safety, an expedited review may be requested. Failure to comply can result in fines and penalties. The department also has the option to deny or revoke an application based on false information or past regulatory issues. If an application is denied, an appeal process is available. This applies to all changes from July 1, 2023, and excludes facilities that are part of acute care hospitals unless they are being separated. It also includes discussions about updating application fees to reflect processing costs.
Section § 1253.5
This law requires the State Department of Public Health to specifically list each supplemental service on licenses for general acute care, acute psychiatric, and special hospitals. It must also provide details of outpatient services, including their locations and types.
By July 1, 2010, the department needs to publish a list of these outpatient services online, complete with disclaimers about the data's limitations.
Additionally, the department will collaborate with stakeholders to simplify the application process for obtaining or renewing hospital licenses and for those seeking changes in hospital bed counts or services.
Section § 1253.6
This law outlines the procedures for general acute care hospitals in California to apply for approval to offer outpatient clinic services. When a hospital wants to start or change such services, it must apply, and the state department reviews the application within 30 days for completeness.
Once an application is deemed complete, the department investigates to ensure compliance with legal standards and may ask for more information if needed. The department must decide to approve or deny the application within 100 days. If the hospital already offers similar services, the decision can be quicker.
Applications must include forms, descriptions of services and facilities, policies, and proof of compliance with building and fire standards. The outpatient services allowed must focus on nonemergency primary care and not exceed 24 hours per patient visit.
These outpatient services are distinct from primary care clinics, even though they provide similar services.
Section § 1253.7
This law defines 'observation services' as outpatient care provided in a hospital for patients with uncertain, potentially serious conditions that don't require full admission. These services involve monitoring and assessment to see if the patient needs to be admitted as an inpatient.
Hospitals must notify patients in writing when they are placed on observation status, explaining that this is outpatient care and may affect insurance coverage.
'Observation units' are special areas in hospitals, separate from emergency rooms, where these services are performed. These units must be clearly marked as outpatient areas and comply with specific nurse-to-patient ratios similar to emergency services.
Section § 1254
The California state department inspects and licenses health facilities to ensure they provide the necessary basic and special services. Health facilities need a separate license if they offer basic services at a location separate from their main hospital. Some facilities, like those established before 1984 or run by the state, can be exempt from this requirement. Additionally, specific rules apply to beds in certain hospitals, especially in smaller or rural areas, or if there's a special designation. Psychiatric health and residential treatment facilities have different regulations and are overseen by the State Department of Health Care Services. These departments must develop regulations to implement these licensing rules.
Section § 1254.1
This law states that the State Department of Health Care Services is responsible for licensing psychiatric health facilities to offer the basic services defined in another part of the law, specifically Section 1250. Additionally, any mention of Section 1254 in other laws should also be understood to apply to this section.
Section § 1254.2
This law section requires the state department to license chemical dependency recovery hospitals to offer specific basic services as outlined in another part of the law. It also states that any mention of Section 1254 in other laws should be understood to include this new section.
Section § 1254.4
This California law requires general acute care hospitals to have a policy for giving the patient's family a short period to gather after a patient is declared brain dead before stopping life support. This period should be long enough for family to be present if they wish. Hospitals must continue any previously ordered life-support measures during this time but are not required to start new medical treatments.
Hospitals are also required to provide the patient's decision-maker or family with a written statement of this policy as soon as possible after a physician anticipates brain death. If the family has specific religious or cultural customs regarding death, the hospital should, if possible, accommodate those as well.
When deciding what is reasonable, hospitals should consider the needs of other patients who may urgently need care. Additionally, individuals cannot sue hospitals for not complying with this statute.
Section § 1254.5
This California law states that eating disorders are complex conditions with not just medical or psychiatric aspects, but also biological, sociological, psychological, family, and spiritual components. Treatment for eating disorders is similarly complex and doesn't fit neatly into traditional medical or psychiatric categories.
Inpatient treatment for eating disorders is allowed only in state-licensed hospitals, which can be general acute care hospitals, acute psychiatric hospitals, or other licensed facilities approved by the State Department of Public Health. The definition of 'eating disorders' used in this section comes from the Diagnostic and Statistical Manual of Mental Disorders.
Section § 1254.6
This law requires hospitals to provide free information and materials to parents or guardians about sudden infant death syndrome (SIDS) when their newborn is discharged. These materials explain the medical impact on infants and suggest ways to reduce the risk.
For home births attended by licensed midwives, the midwife must provide this information to the parents. The materials should closely match the content approved by the state's health department, which makes these resources available to hospitals free of charge. Hospitals can also use free resources from other agencies.
Section § 1254.7
This law section highlights the importance of promptly and effectively assessing and treating pain in patients. It requires health facilities to regularly evaluate pain as part of their services. This means ensuring each patient's pain is checked properly and documented in their medical records.
Section § 1255
This law explains that a general acute care hospital in California can be allowed to offer special medical services beyond their basic services. These can include radiation therapy, burn centers, emergency centers, hemodialysis units, psychiatric care, and more, if they meet certain standards.
For instances of cardiac catheterization laboratory services, specific standards must be met, such as having licensed care services and agreements with hospitals that do cardiac surgery. There are rules in place for where and how these services can be expanded, particularly in terms of building standards and patient safety.
Multispecialty clinics that have existed since before 1983 have special provisions for being involved in these services if they meet certain historical and operational criteria.
Section § 1255.1
This law requires hospitals that offer emergency medical services to notify relevant parties if they plan to reduce or stop these services 180 days in advance. This includes notifying government health departments and any contracted health service plans. Public notice is also required to inform the community, which must be widespread enough to reach a significant number of local residents.
The hospital can bypass this law if keeping the emergency services open risks the hospital’s stability or if unsafe staffing is cited. Public notices must include written notice to the local city council, conspicuous postings on the hospital’s website, a recurring notice in the local newspaper and its website, and postings at community clinics that allow it.
Section § 1255.2
Health facilities that plan to reduce their services or close must try to inform the community they serve about these changes. This can involve advertising in simple language, getting media coverage, telling patients directly, and informing relevant health care plans according to related requirements.
Section § 1255.3
This law requires that by June 30, 1999, specific signage rules must be established for urban health facilities with special permits for standby emergency medical services. The signs should not use the word “emergency” and should clearly indicate the type of emergency services offered. Additionally, these facilities cannot advertise or suggest that full emergency services are available. However, this doesn’t affect their ability to bill or get reimbursed for emergency services they do provide. Small and rural hospitals are exempt from this rule.
Section § 1255.5
This law clarifies the terms used in Section 1255 related to cardiac services in hospitals. It defines 'cardiac catheterization' as inserting a catheter into the heart for diagnosis, excluding certain types like Swan-Ganz catheters. 'Cardiac surgery' is described as heart or vessel surgeries requiring body cooling and blood circulation outside the body. 'Cardiovascular surgery service' refers to hospital programs that can perform both catheterizations and surgeries. A 'cardiac catheterization laboratory service' is a hospital program for performing cardiac catheterizations, excluding pediatric cases.
'Pediatric cardiac surgery service' is for diagnosing and treating heart defects in children, requiring the capability to perform related surgeries. 'Intensive care newborn nursery services' involve comprehensive care for newborns based on the American Academy of Pediatrics guidelines.
Section § 1255.6
In cardiovascular surgery, a perfusionist, who is skilled in managing special medical equipment, must be directly overseen by either the heart surgeon or the anesthesiologist. The hospital or its medical staff decides if the perfusionist is qualified and grants them the necessary permissions to work.
Section § 1255.7
This law allows a parent or legal guardian to safely surrender a newborn baby, up to 72 hours old, without facing legal consequences. Safe-surrender sites can be designated by a county, a local fire agency, or a hospital, where trained personnel will accept custody of the baby. These sites will keep the identity of the surrendering parent confidential. Baby bracelets and medical forms are provided for identification and health information, though filling out the form is optional. The site is responsible for ensuring the baby receives any needed medical care without needing parental consent.
Within 48 hours, safe-surrender sites must notify child protective services, which will take temporary custody and initiate a case while maintaining confidentiality of the parent’s identity. Parents can reclaim the child within 14 days, subject to identity verification and assessments. The law also protects safe-surrender personnel from liability when accepting a child in good faith and those who help facilitate the surrender from civil liability, provided their actions are not negligent or reckless.
“NOTICE: THE BABY YOU HAVE BROUGHT IN TODAY MAY HAVE SERIOUS MEDICAL NEEDS IN THE FUTURE THAT WE DON’T KNOW ABOUT TODAY. SOME ILLNESSES, INCLUDING CANCER, ARE BEST TREATED WHEN WE KNOW ABOUT FAMILY MEDICAL HISTORIES. IN ADDITION, SOMETIMES RELATIVES ARE NEEDED FOR LIFE-SAVING TREATMENTS. TO MAKE SURE THIS BABY WILL HAVE A HEALTHY FUTURE, YOUR ASSISTANCE IN COMPLETING THIS QUESTIONNAIRE FULLY IS ESSENTIAL. THANK YOU.”
Section § 1255.8
This section outlines the procedures California health facilities must follow to test and manage methicillin-resistant Staphylococcus aureus (MRSA) infections. Every patient admitted for specific high-risk procedures like surgery, those transferred from nursing facilities, or admitted to certain hospital units must be tested for MRSA within 24 hours of admission. If a patient tests positive, they must be informed quickly and given instructions on prevention before discharge. Facilities must also have a comprehensive infection control policy, including routine cleaning and disinfection practices. An infection control officer must be appointed to oversee these measures, and their name should be publicly accessible. Additionally, a specific healthcare-acquired infection program is to be established.
Section § 1255.9
This law requires skilled nursing facilities to have a full-time Infection Preventionist (IP) who focuses on preventing infections. The role can be filled by one person or shared between two, as long as the total work time equals one full-time position. The IP must have specific professional training in relevant health fields such as nursing or public health and must be trained in infection control.
The IP's work isn't counted towards the mandatory hours of direct patient care. Facilities must have an infection prevention plan and ensure all health personnel receive annual training in infection control.
Section § 1255.25
This law requires health facilities in California to give advance notice before they close, reduce, or relocate services. They must inform the public, Medi-Cal managed care plans, and local authorities. Health facilities need to hold public hearings for services involving inpatient psychiatric or perinatal units, considering public comments and notifying local government officials. The notice has to include specific details about the changes, alternative services, and contact information for further inquiries and comments.
The law sets minimum timelines: 120 days for closing a facility or eliminating certain services, and 90 days for relocating services. However, facilities affected by natural disasters or emergencies are exempt from these requirements. Public notices must be posted prominently online, in newspapers, and at facility entrances. This ensures transparency and allows the community to prepare for changes in local health services.
Section § 1256
This law states that only certain healthcare facilities can use the name or title "hospital" in California. If a place like a nursing home or a maternity home wants to use "hospital" in their name, they must include a descriptive word such as "convalescent" or "rehabilitation" before "hospital."
However, this rule does not apply to specific situations: children's hospitals connected to general acute care hospitals can use "hospital" in their names. This includes facilities defined as children's hospitals under certain sections of the Welfare and Institutions Code.
Section § 1256.01
This law establishes the Elective Percutaneous Coronary Intervention (PCI) Program in California, allowing certain hospitals that don't have cardiac surgery services but have a cardiac catheterization lab to perform scheduled heart procedures like angioplasty and stent placement. These hospitals, called 'certified hospitals,' must meet strict requirements, like following medical guidelines, having administrative support, and submitting procedure data for review.
To join the program, a hospital must apply and demonstrate it meets all standards, with specific details about services, population served, and emergency backup plans. Hospitals in the previous PCI Pilot Program must get new certification to continue participation past 2015. The law also mandates annual performance reports on certified hospitals and allows for potential revocation of the certification if standards aren't maintained. Additionally, the department might charge a fee to cover the program costs and can partner with outside experts to help manage the program.
Section § 1256.1
This law states that general acute care hospitals in California cannot advertise or claim to provide special medical services unless they have proper approval from the State Department of Public Health. This means they need official authorization before promoting these additional or specialized services.
Section § 1256.2
This California law states that hospitals cannot have different standards of obstetrical care based on a patient's ability to pay or their source of payment. All hospitals with obstetrical services must provide a written policy confirming this and display notices in relevant languages by July 1, 1999.
Additionally, it is considered unprofessional conduct for doctors to refuse or threaten to withhold pain management for women in labor based on their payment situation. Such actions violate medical ethics under the Medical Practice Act.
Section § 1257
This section allows the state health department to give local health departments the power to check on compliance with licensing laws, offer advice, and suggest disciplinary actions if necessary. Local departments must follow state rules when doing so. They are paid based on a budget that both they and the state approve, and spending can't be more than what's been set aside by the government for these checks.
Section § 1257.5
This law requires registered nurses, nurse assistants, licensed vocational nurses, and physicians working in certain health facilities to undergo training focused on preventing discrimination based on sexual orientation and gender identity. The training can be integrated into existing anti-discrimination programs in senior care settings.
The state department can charge these facilities a fee to cover the cost of enforcing compliance with the training requirement. The terms "sexual orientation" and "gender identity" are defined as per the Penal Code, Section 422.56.
Section § 1257.7
This law requires hospitals to conduct yearly safety and security assessments to develop plans that protect staff, patients, and visitors from violence. These plans need to take into account the hospital's layout, staffing, security staff availability, and policies for responding to violence. Hospitals must collaborate with law enforcement and follow guidelines from safety agencies, involving staff in the development process.
Security staff should be well-trained in hospital operations, safety measures, and managing violence. Hospitals must report violent incidents involving weapons or causing injury to law enforcement within 72 hours, with protections against liability for reporters unless falsehood is proven. Interfering with this reporting process is a misdemeanor.
Section § 1257.8
Hospitals must provide ongoing security training to employees regularly working in the emergency department, covering topics like safety measures, recognizing violent behavior, and de-escalation techniques. This training extends to medical staff and practitioners, such as nurse practitioners and physician assistants, as outlined in a hospital's security plan. Temporary staff must also be briefed according to this plan. The goal is to ensure everyone knows how to handle violent situations effectively and safely.
Section § 1257.9
This law suggests that certain hospitals in California, specifically those with lower breast-feeding rates, offer training programs to encourage more mothers to exclusively breast-feed their newborns. The training is aimed at hospitals that fall in the bottom quarter of breast-feeding rates based on state health department data.
The recommended training should include at least eight hours of instruction for key hospital staff about promoting breast-feeding. However, hospitals that already meet national breast-feeding targets don't need to follow these training recommendations. Importantly, these are just suggestions. There's no requirement for hospitals to actually do the training or to have their licenses tied to it.
Section § 1258
This law states that health facilities in California can't enforce special, nonmedical criteria for people looking to have sterilization procedures for birth control. For example, you can't require someone to be a certain age or have a certain number of children before they can have the procedure. However, the law does allow for the consideration of a person’s physical or mental health in deciding if sterilization is suitable for them. Also, doctors can still give advice about whether sterilization is a good option. The law doesn't change existing rules for people who are underage.
Section § 1259
This California law mandates that general acute care hospitals must ensure effective communication between patients and hospital staff, particularly when language or communication barriers exist. Hospitals must provide interpreters or bilingual staff to help patients who do not speak English or who are deaf. Policies for language assistance services must be developed, reviewed annually, and made publicly available online and in multiple languages. Hospitals must post notices about interpreter availability and procedures for obtaining them in visible locations, such as emergency rooms and admitting areas. Additionally, hospitals must document patients' primary languages, maintain lists of proficient interpreters, and possibly use tools like picture sheets to aid communication. Hospitals should also consider community liaisons to improve service adequacy. Noncompliance with these requirements can lead to reports to licensing authorities.
Section § 1259.3
This law, known as Tyler's Law, requires general acute care hospitals to include fentanyl in urine drug screenings for patients. These screenings help diagnose conditions by checking for drugs like cocaine, opioids, and phencyclidine. The law is temporary and will be repealed on January 1, 2028.
Section § 1259.5
Section § 1259.6
By January 1, 2025, hospitals in California must set up procedures to screen anyone age 12 and older for signs of suicidal thoughts and behavior. These procedures need to identify risks during medical screenings, document them in patient records, and provide referrals to mental health resources like hotlines and local services if needed. The hospitals must also appoint specific staff members to oversee these processes. After setting them up, regular screenings must be conducted accordingly. The goal is for hospitals to use similar tools and guidelines recommended by the Joint Commission, which are based on research and are proven effective.
Section § 1260
This law outlines restrictions and conditions for nonprofit board members involved in the sale or transfer of the nonprofit's assets to a for-profit corporation. Board members cannot receive compensation from the purchasing for-profit entity after the transaction, unless they provide direct patient care services, and are paid similarly to others offering the same services.
Two years after the asset sale, these board members may engage in standard business transactions with the for-profit, provided it's determined no better deal was available. Nonprofit management must declare in writing if they refuse future compensation from the purchasing corporation. Furthermore, the nonprofit board can't rely on information from management who haven't declared they won't work for the purchaser unless they only provide factual data. The board can also hire independent experts to assess information when making decisions.
Section § 1260.1
This law section outlines rules for board members of nonprofit corporations involved in selling or transferring their assets. It primarily prohibits them from receiving any payment from the buying entity after the sale, with exceptions for reimbursements related to direct patient care services. After two years, board members may engage in business transactions with the buying entity, provided certain conditions are met to ensure fairness and due diligence.
It also states that management members advising the board can choose to declare they won't work for the purchasing entity. The board can't significantly rely on someone who presents information about the sale unless they've made this declaration or are merely providing factual data.
If someone hasn't declared but is providing advice, the board should seek independent experts for reliable evaluations. Directors relying on professional advice would not breach their duty under this law section.
Section § 1261
Health facilities in California must allow patients' domestic partners and their families to visit, but there are exceptions. No visits are allowed if the facility has a no-visitor policy, if a visitor poses a threat to health or safety, or if the patient doesn't want a certain person to visit. Facilities can set reasonable rules, like visiting hours or limits on visitor numbers. 'Domestic partner' is defined as per Section 297 of the Family Code.
Section § 1261.3
In California, registered nurses or licensed pharmacists can give flu and pneumococcal shots to patients 50 years or older in skilled nursing facilities based on general orders rather than patient-specific ones. This is allowed if the facility's medical director has approved these orders, and they align with public health recommendations. Also, this law doesn't change what nurses are allowed to do under their current practice rules.
Section § 1261.4
This law requires that skilled nursing facilities in California only hire medical directors who are certified as Certified Medical Directors by the American Board of Post-Acute and Long-Term Care Medicine or an equivalent organization. If they're not yet certified, they must achieve certification within five years. Existing medical directors as of January 1, 2022, have until January 1, 2027, to become certified.
These facilities must provide various documents regarding their medical director to the department, such as an HS 215A form, a résumé, and proof of certification status. Any changes to the medical director require prompt notification within 10 days. This requirement doesn't apply to skilled nursing facilities within acute care hospitals, but those must still designate a qualified physician as a medical director.
Finally, this law is set to expire on January 1, 2032.
Section § 1261.5
This law regulates how many drugs a pharmacy can supply to certain health facilities for their emergency supplies. It allows up to 48 oral or suppository drugs in total, but no more than 16 doses of any single drug. Psychotherapeutic drugs are further limited; only four such drugs can be included, but this can be increased to 10 if the facility proves a need for more due to patient needs. Special treatment units are not subject to this limit. Moreover, exceptions apply if using an automated drug delivery system with pharmacist-controlled access.
Section § 1261.6
This section defines an 'automated drug delivery system' as a mechanical setup used in healthcare facilities to store, dispense, or distribute drugs, while ensuring security and accurate tracking of drug movements. These systems are primarily used in licensed health facilities and must adhere to strict regulations for transaction tracking, security, patient safety, and drug potency.
Access to these systems is restricted to authorized personnel, and comprehensive policies must be in place to guarantee safety, accuracy, and patient confidentiality. Automated drug delivery systems can be used for emergency pharmaceutical supplies, with specific conditions set for drug withdrawal which must be reviewed by a pharmacist.
When utilized for standard pharmacy services, these systems require drugs to be properly labeled, and a pharmacist must review all orders prior to dispensing. Specific access controls, transaction records, and oversight procedures are mandated to ensure appropriate use.
The stocking of these systems must be conducted by a pharmacist and can be prepared off-site under secure protocols. Monthly reviews and maintenance checks of the system's operation and drug inventory are required. Special exemptions apply to labeling requirements for drugs in these systems when certain conditions about packaging and information access are met.
This section took effect from July 1, 2019.
Section § 1262
This law requires that mental health patients discharged from certain health facilities be provided with a written aftercare plan. This plan should outline details like the illness and necessary follow-up, prescribed medications and potential side effects, recovery expectations, treatment recommendations, and referrals to other healthcare services. It also states that patients can choose someone else to receive a copy of this plan. The law applies to a range of facilities, including state mental hospitals, general and acute psychiatric hospitals, and skilled nursing facilities with special programs. Lastly, a 'mental health patient' is defined as a person admitted primarily for mental disorder treatment.
Section § 1262.4
This law states that hospitals cannot transfer homeless patients from one county to another for the purpose of receiving services, like those from social services or health care providers, without getting permission from the receiving agency or provider first.
"Homeless patients" are defined as those without a stable nighttime home, staying in shelter facilities, or living in places not intended for human habitation.
Section § 1262.5
This law requires hospitals to have a written discharge planning policy ensuring patients' posthospital care. Hospitals must identify a family caregiver to help with posthospital care, and document interactions and decisions in the patient's medical record. Patients and caregivers must receive education on continuing health care needs in a way they can understand, including medication use.
If a patient is transferred, they're given a summary of their medical information. Special protocols are in place for homeless patients, including identification of housing status, connection with resources, and ensuring they have a safe discharge destination. Hospitals are also responsible for offering transportation and ensuring follow-up care for homeless patients. These procedures do not override privacy laws and are meant to provide additional patient protections. A hospital's contract cannot restrict compliance with this law.
Section § 1262.6
This law requires hospitals to give patients written information when they are admitted or shortly after, explaining their rights. These include knowing what health care they will need after leaving the hospital, letting a friend or family member know these details with the patient's permission, and participating in decisions about their medical care, which includes refusing treatment if the law allows.
Patients also have the right to proper pain management, and to not be discriminated against based on various personal attributes like race, gender, or citizenship status. Additionally, patients should be told how to file complaints with relevant authorities, such as the State Department of Public Health or the Medical Board of California. Hospitals can give this information with other patient rights notices and must update it when they run out of their current materials.
Section § 1262.7
This law says that a skilled nursing facility can only admit a patient if a doctor approves it and the facility can properly care for the patient's needs.
The facility's administrator, or someone they choose to handle this task, must first make sure they can provide the care needed. This involves interviewing the patient's doctor, the patient, family, or representative from their current facility to decide if the admission is appropriate. If meeting in person isn't possible, they can do this over the phone.
Section § 1262.8
This California law governs how noncontracting hospitals handle billing and care for patients who are part of a health care service plan. It prohibits these hospitals from billing patients for care after an emergency, except for standard costs like copayments and deductibles, unless specific conditions apply, such as the patient refusing transfer to a contracted hospital. The hospital must try to identify and contact the patient's health plan for authorization to provide further care. If the plan doesn't respond within 30 minutes, care is deemed authorized, and the plan must cover costs. Patients refusing transfer remain financially responsible for any extra care at the noncontract hospital, and they must receive a clear written notice about the financial implications. Lastly, authorized post-care means the hospital can ask for the patient’s medical records from their health plan.
Section § 1263
The Dementia Training Standards Act of 2001 requires certified nurse assistants in skilled nursing and intermediate care facilities to undergo dementia-specific training. New employees must finish two hours of initial training within their first 40 hours of work. Facilities need to integrate this training into their orientation programs by July 1, 2002, and these programs must be reviewed by the department by July 1, 2005. Additionally, these assistants must complete at least five hours of dementia-related training each year. Pediatric-focused facilities are exempt from these requirements.
Section § 1264
This law requires that any licensed health facility offering prenatal ultrasound screenings for congenital heart defects must use sonographers who are nationally certified by specified organizations. These sonographers, known as ultrasound technologists or sonologists, need to work under the supervision of a certified physician. If a sonographer has at least two years of experience and is completing necessary medical education, they meet the requirements. The law allows experienced physicians to perform these ultrasounds regardless of this section's policies. The rules don't apply to medical professionals conducting limited prenatal ultrasounds for specific purposes before the 20th week of pregnancy. Violating these requirements does not result in criminal penalties.