Section § 1765.101

Explanation

This section introduces the name of the law, which is the Mobile Health Care Services Act. It establishes a framework for understanding and referring to regulations related to mobile health care services.

This chapter shall be known, and may be cited as, the Mobile Health Care Services Act.

Section § 1765.105

Explanation

This law explains the terminology used in a specific chapter. It defines a "parent facility" as either a health facility or a clinic that is officially licensed. A "mobile service unit" or "mobile unit" is a type of special-purpose vehicle that provides specific services and meets certain state approval or licensing criteria. It is not just any mobile structure but is specifically set up to provide health services and must be licensed or approved in some way by the state. This statute also clarifies that mobile units cannot be those designed for permanent installation, nor exempt entities.

As used in this chapter, the following definitions shall apply:
(a)CA Health and Safety Code § 1765.105(a)  “Parent facility” means a health facility licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2, or a clinic licensed pursuant to Chapter 1 (commencing with Section 1200) of Division 2.
(b)Copy CA Health and Safety Code § 1765.105(b)
(1)Copy CA Health and Safety Code § 1765.105(b)(1)  “Mobile service unit” or “mobile unit” means a special purpose commercial coach as defined in Section 18012.5, or a commercial coach as defined in Section 18001.8, that provides services as set forth in Section 1765.110, and meets any of the following criteria:
(A)CA Health and Safety Code § 1765.105(b)(1)(A)  Is approved pursuant to this chapter by the state department as a service of a licensed health facility, as defined in Section 1250.
(B)CA Health and Safety Code § 1765.105(b)(1)(B)  Is approved by the state department pursuant to this chapter as a service of a licensed clinic, as defined in Section 1200.
(C)CA Health and Safety Code § 1765.105(b)(1)(C)  Is licensed pursuant to this chapter by the state department as a clinic, as defined in Section 1200.
(D)CA Health and Safety Code § 1765.105(b)(1)(D)  Is licensed pursuant to this chapter as an “other” type of approved mobile unit by the state department. “Other” types of approved mobile units shall be limited to mobile units performing services within new health facility or clinic licensure categories created after the effective date of this chapter. The State Department of Health Services shall not create a new health facility or clinic licensure category under this subparagraph absent a legislative mandate.
(2)CA Health and Safety Code § 1765.105(b)(2)  “Mobile service unit” or “mobile unit” does not mean a modular, relocatable, or transportable unit that is designed to be placed on a foundation when it reaches its destination, nor does it mean any entity that is exempt from licensure pursuant to Section 1206.

Section § 1765.110

Explanation

This law is about allowing mobile units to deliver medical services in places where health care is hard to access, like remote or underserved communities. It aims to provide high-quality health care that is also cost-effective, and to meet the needs of patients requiring specialized medical care.

The purpose of this chapter is to provide for the use of mobile units to provide medical, diagnostic, and treatment services, in order to help ensure the availability of quality health care services for patients who receive care in remote or underserved areas and for patients who need specialized types of medical care provided in a cost-effective way.

Section § 1765.115

Explanation

This law section explains how a mobile unit can legally operate. It can function in one of three ways: as part of an already licensed health facility or clinic, as a standalone clinic in accordance with specific regulations, or as another type of approved mobile unit.

A mobile unit may operate as one of the following:
(a)CA Health and Safety Code § 1765.115(a)  As an adjunct to a licensed health facility or to a licensed clinic.
(b)CA Health and Safety Code § 1765.115(b)  As an independent-freestanding clinic pursuant to Chapter 1 (commencing with Section 1200).
(c)CA Health and Safety Code § 1765.115(c)  As an “other” type of approved mobile unit.

Section § 1765.117

Explanation

This law outlines fees for applicants seeking licenses for health facilities or clinics in California. These fees depend on existing laws or new categories created under the Health and Safety Code. However, there won't be any extra fees just because services are provided in a mobile unit.

The state department shall charge applicants a licensure fee as follows:
(a)CA Health and Safety Code § 1765.117(a)  Pursuant to Chapter 1 (commencing with Section 1200), or Chapter 2 (commencing with Section 1250).
(b)CA Health and Safety Code § 1765.117(b)  Pursuant to the applicable section of the Health and Safety Code that creates a new health facility or clinic licensure category.
(c)CA Health and Safety Code § 1765.117(c)  No additional licensure fee will be imposed solely because a service is to be provided in a mobile unit.

Section § 1765.120

Explanation

Before a mobile unit can be licensed, it needs to meet certain requirements. It must follow the rules set by the Vehicle Code and have a vehicle identification number. Additionally, it should display a special insignia issued by the Department of Housing and Community Development, as outlined in Section 18026.

Compliance with all of the following criteria shall be required prior to licensure:
(a)CA Health and Safety Code § 1765.120(a)  The mobile unit shall comply with the applicable requirements of the Vehicle Code, and shall have a vehicle identification number.
(b)CA Health and Safety Code § 1765.120(b)  The mobile unit shall bear an insignia issued by the Department of Housing and Community Development pursuant to Section 18026.

Section § 1765.125

Explanation

If you want to run a mobile service unit, you need a special license unless you're specifically exempt. This applies to people, local government bodies, or state agencies, unless a different section exempts them.

If you were already operating a mobile unit before 1994, you could keep it running, but you must apply for a license by March 1, 1994, or stop if your application is rejected.

Once you have the license, each location doesn't need separate approval unless the unit goes outside the areas you listed in your application.

(a)CA Health and Safety Code § 1765.125(a)  Except as provided in subdivision (b), no person, political subdivision of the state, or governmental agency shall operate a mobile service unit without first obtaining a license or an addition to existing licensure under this chapter unless exempt from licensure under Section 1206.
(b)CA Health and Safety Code § 1765.125(b)  Any person, political subdivision of the state, or governmental agency, that was operating a mobile unit as of January 1, 1994, may continue to operate the mobile unit only under the following conditions:
(1)CA Health and Safety Code § 1765.125(b)(1)  The person, political subdivision of the state, or governmental agency shall apply to the state department for a mobile unit license, or an addition to existing licensure, via a request for licensure under this chapter by March 1, 1994.
(2)CA Health and Safety Code § 1765.125(b)(2)  The person, political subdivision of the state, or governmental agency shall cease operating the mobile unit upon a final decision of the state department denying the application for licensure or addition to licensure under this chapter.
(c)CA Health and Safety Code § 1765.125(c)  Notwithstanding any other provision of this chapter, after the initial licensure, or the initial approval of the addition to existing licensure of a parent facility, to operate a mobile service unit, the department shall not require that each site where the mobile unit operates be licensed or approved by the department unless the mobile unit will be operating outside of the proposed area or areas specified in the application pursuant to paragraph (4) of subdivision (b) of Section 1765.130.

Section § 1765.130

Explanation

If you want to apply to operate a mobile health facility or clinic, you'll need to submit specific information to the state department using their forms. This includes details like what services you plan to offer, when you'll be open, and the type of mobile unit you'll use.

The state will inspect facilities before granting a mobile unit license. If your mobile unit is part of an existing facility, this will be noted as a supplemental service. Licenses must be displayed at both the main facility and inside the mobile unit.

(a)CA Health and Safety Code § 1765.130(a)  Any applicant under this chapter shall file with the state department an application. The application shall be on forms prescribed and furnished by the state department that shall contain any information as may be required by the state department for the proper administration and enforcement of this chapter.
(b)CA Health and Safety Code § 1765.130(b)  An applicant health facility or clinic pursuant to this chapter shall submit an application to the licensing and certification district office of the state department stating with specificity all of the following:
(1)CA Health and Safety Code § 1765.130(b)(1)  The proposed service to be provided.
(2)CA Health and Safety Code § 1765.130(b)(2)  The expected hours and days of operation.
(3)CA Health and Safety Code § 1765.130(b)(3)  The type and the manufacturer of the mobile unit contemplated.
(4)CA Health and Safety Code § 1765.130(b)(4)  The proposed area or areas where the mobile unit will be providing services.
(c)CA Health and Safety Code § 1765.130(c)  An applicant for licensure as an independently licensed clinic under this chapter shall submit a verified application to the state department on the appropriate forms for the type of clinic for which it wishes to obtain licensure.
(d)CA Health and Safety Code § 1765.130(d)  Prior to granting approval to an applicant parent facility for operation of a mobile unit under the parent facility’s existing licensure pursuant to this chapter, or prior to granting license for an independent mobile unit, the state department shall conduct an onsite inspection, including, but not limited to, a review of policies and procedures.
(e)CA Health and Safety Code § 1765.130(e)  Supplemental services offered via mobile units shall be listed by the state department as an approved or supplemental service on the license of the parent facility.
(f)CA Health and Safety Code § 1765.130(f)  Licenses issued by the state department authorizing operation of a mobile unit as an addition to existing parent facility licensure shall be posted at the parent facility. Licenses authorizing operation of a clinic as a mobile unit shall be posted at the administrative headquarters of the licensee. A true copy of the license shall be posted within the mobile unit.

Section § 1765.135

Explanation

If you want to get a license under this chapter, you need to meet all the requirements laid out in this chapter, plus any relevant rules from other specified chapters. You'll also need to submit a complete application to the state department.

(a)CA Health and Safety Code § 1765.135(a)  To qualify for a license under this chapter, an applicant shall satisfy all the requirements of this chapter, the applicable requirements of Chapter 1 (commencing with Section 1200) or of Chapter 2 (commencing with Section 1250) of Division 2, and all applicable regulations.
(b)CA Health and Safety Code § 1765.135(b)  The applicant shall file a completed application with the state department.

Section § 1765.140

Explanation

If a mobile unit operates as part of an existing licensed facility, it must follow the same rules and regulations as the main facility. However, for physical requirements, mobile units must meet specific mobile unit standards provided in this chapter instead of those meant for the main facility.

Similarly, if a clinic is licensed as a mobile unit, it has to adhere to the same rules as other clinics but must follow the special physical standards for mobile units rather than the usual clinic requirements.

(a)CA Health and Safety Code § 1765.140(a)  Mobile units that provide services as an addition to the existing license of a parent facility shall be subject to the same requirements and regulations as the parent facility, except that, instead of complying with the physical plant requirements applicable to the parent facility, they shall comply with the mobile unit requirements contained in this chapter.
(b)CA Health and Safety Code § 1765.140(b)  Clinics licensed as mobile units shall be subject to the same requirements and regulations as any other clinic, except that, instead of complying with the physical plant requirements applicable to the clinic, the mobile unit shall comply with the mobile unit requirements contained in this chapter.

Section § 1765.145

Explanation

This law section outlines inspection requirements for licensees using mobile services. The department can choose to conduct additional inspections of these services beyond what's normally required for the licensee's main facility. Inspections ensure compliance with the chapter's rules and involve reviewing documents and accessing any part of the mobile service or facility as needed.

The department's officers can inspect buildings, premises, vehicles, and documents at reasonable times to check for compliance. After getting a license, or adding a mobile service to a licensed parent facility, the mobile service is regularly reviewed for compliance. If the mobile unit is an independent clinic, it follows a usual inspection schedule for clinics.

There's also a requirement for department staff to observe a mock emergency drill on-site, especially where it's difficult for patients to move.

(a)CA Health and Safety Code § 1765.145(a) A licensee using mobile services pursuant to this chapter shall, at the department’s option, be periodically inspected, in addition to any inspections required pursuant to the parent facility licensure requirements, by a duly authorized representative of the department. Reports of each inspection shall be prepared by the representative conducting it upon forms prepared and furnished by the department and filed with the department. The inspection shall be for the purpose of ensuring that this chapter and the rules and regulations of the department adopted under this chapter are being followed.
(b)CA Health and Safety Code § 1765.145(b) Any officer, employee, or agent of the department may enter and inspect any building, premises, or vehicle and may have access to and inspect any document, file, or other record, of a mobile unit or of a parent facility operating a mobile unit, at any reasonable time to assure compliance with, or to prevent violation of, this chapter.
(c)CA Health and Safety Code § 1765.145(c) After the initial licensure, or the initial approval of the addition to existing licensure of a parent facility, the mobile unit shall be periodically reviewed for compliance. When approved as additions to the existing licensure of a parent facility, reviews shall be conducted as a part of the parent facility’s regular inspection. When the mobile unit is an independently licensed clinic, it shall be reviewed in accordance with the licensing inspection schedule for clinics.
(d)CA Health and Safety Code § 1765.145(d) Demonstration of a mock emergency drill shall be observed by department staff in the mobile unit on a site where patient mobility is limited.

Section § 1765.150

Explanation

This law outlines the requirements for mobile health units in California. Mobile units must be properly sized and equipped for the health services they offer and ensure patient comfort and safety, with certain utilities approved by a state agency. They must be kept clean and in good condition. Any changes to services or the mobile unit must receive state approval before implementation. Licensees must inform the state of where the mobile unit will be used at least 24 hours in advance, except during emergencies declared by authorities, where notification is waived.

(a)CA Health and Safety Code § 1765.150(a) The mobile unit shall be of sufficient size and shall be arranged in a manner that is appropriate for the provision of those health care services that it is licensed to provide.
(b)CA Health and Safety Code § 1765.150(b) The mobile unit shall be equipped with appropriate utilities for the comfort and safety of patients. The Office of Statewide Health Planning and Development shall review and approve hospital-provided utility connections for mobile units that require utility hookups with general acute care hospitals.
(c)CA Health and Safety Code § 1765.150(c) The mobile unit shall be maintained in good repair and in a clean and sanitary manner.
(d)CA Health and Safety Code § 1765.150(d) All proposed modifications to previously approved services and procedures shall be reviewed and approved by the state department before they are implemented. Modifications to the mobile service unit shall be approved by the Department of Housing and Community Development pursuant to Section 18029.
(e)CA Health and Safety Code § 1765.150(e) The licensee shall report to the department the location of the site at least 24 hours prior to the operation of a mobile unit at any site for the first time.
(f)CA Health and Safety Code § 1765.150(f) Notification required by subdivision (e) shall be waived when the mobile unit operates at any site for the first time at the request of federal, state, or local authorities for the purposes of responding to state or locally declared emergencies as defined in subdivisions (a), (b), and (c) of Section 8558 of the Government Code, federally declared emergencies, and declared public health emergencies as defined in Section 101080 for the duration of the emergency.

Section § 1765.155

Explanation

This law section outlines responsibilities for a licensed parent facility or clinic that uses mobile units. The facility must get approvals from local authorities for any site where the mobile unit will be located. The mobile unit should be easily accessible and comply with parking laws, and any facility-created parking rules must be followed. Additionally, the clinic must ensure there is enough lighting around the mobile unit's site.

(a)CA Health and Safety Code § 1765.155(a) The licensed parent facility or clinic shall be responsible for obtaining approvals for the site or sites of the mobile unit as required by the local planning, zoning, and fire authorities.
(b)CA Health and Safety Code § 1765.155(b) The mobile unit shall be situated for safe and comfortable patient access. The mobile unit shall comply with all local parking laws. Any parking restrictions developed by a parent facility or clinic for mobile units shall be strictly enforced by the parent facility or clinic.
(c)CA Health and Safety Code § 1765.155(c) The parent facility or clinic shall ensure that there is sufficient lighting around the perimeter of the site from which the mobile unit provides any services.

Section § 1765.160

Explanation

This law requires any licensed providers using mobile health services to have detailed written policies set by their governing body. These policies should cover various aspects like patient care, staff training, and service evaluations.

They must also have procedures for selecting patients and coordinating these policies with their main facility's requirements. The policies need approval from relevant administration and medical staff.

The policies should include details on services offered, procedures, quality assurance, infection control, record-keeping, patient transport, and emergency response.

Mobile services need to ensure that their emergency plans align with the parent facility's and educate both staff and patients on these procedures.

They must also have transfer agreements with nearby hospitals for emergencies, and keep detailed logs of clinical records and services provided on each patient.

Any licensee using mobile services pursuant to this chapter shall do all of the following:
(a)CA Health and Safety Code § 1765.160(a)  Have written policies established by the governing body of the licensee, to govern the services that the mobile unit provides. The policies shall include, but shall not be limited to, policies related to patient care, personnel training and orientation, personnel supervision, and evaluation of services provided by the mobile unit.
(b)CA Health and Safety Code § 1765.160(b)  Have written policies regarding patient selection criteria.
(c)CA Health and Safety Code § 1765.160(c)  Develop and implement the written policies and procedures for the mobile unit in consultation with other appropriate health care professionals.
(d)CA Health and Safety Code § 1765.160(d)  Ensure that the written policies and procedures are consistent with the policies and procedures of the parent facility, if any.
(e)CA Health and Safety Code § 1765.160(e)  Ensure that the policies and written procedures shall be approved by the governing body, administration, and medical staff of the licensee, where appropriate.
(f)CA Health and Safety Code § 1765.160(f)  Ensure that the written policies and procedures include, but are not limited to, all of the following:
(1)CA Health and Safety Code § 1765.160(f)(1)  Scope of services.
(2)CA Health and Safety Code § 1765.160(f)(2)  Procedures for the performance of the services provided.
(3)CA Health and Safety Code § 1765.160(f)(3)  Quality assurance.
(4)CA Health and Safety Code § 1765.160(f)(4)  Infection control.
(5)CA Health and Safety Code § 1765.160(f)(5)  Medical record documentation of services provided, as appropriate.
(6)CA Health and Safety Code § 1765.160(f)(6)  Transport of patients, including, but not limited to, method, special equipment, necessary personnel, and protection from inclement weather.
(7)CA Health and Safety Code § 1765.160(f)(7)  Emergency services and evacuation plan for the mobile unit.
(A)CA Health and Safety Code § 1765.160(f)(7)(A)  A licensee using mobile services pursuant to this chapter shall specify in writing policies and procedures for emergencies including fire, natural disaster, and medical emergencies. In its policies and procedures, the mobile unit shall address the emergency plan required of the parent facility and state how the plans shall be coordinated.
(B)CA Health and Safety Code § 1765.160(f)(7)(B)  A licensee using mobile services pursuant to this chapter shall familiarize its employees and each patient with the policies and procedures adopted pursuant to subparagraph (A).
(C)CA Health and Safety Code § 1765.160(f)(7)(C)  A licensee using mobile services pursuant to this chapter shall maintain written transfer agreements that shall include, but shall not be limited to, provisions for communication with, and transportation to, one or more nearby hospitals and other health facilities as needed to meet medical emergencies. The mobile unit shall develop procedures that include personnel needed to assist in the transfer, as well as provisions for meeting medical needs to accommodate the emergency transfer.
(8)CA Health and Safety Code § 1765.160(f)(8)  Location.
(9)CA Health and Safety Code § 1765.160(f)(9)  Schedule of mobile unit services.
(g)CA Health and Safety Code § 1765.160(g)  Maintain clinical records on each patient, in accordance with regulations.
(h)CA Health and Safety Code § 1765.160(h)  Maintain a mobile unit services log that shall include, but shall not be limited to, all of the following:
(1)CA Health and Safety Code § 1765.160(h)(1)  Patient chart or identification number.
(2)CA Health and Safety Code § 1765.160(h)(2)  Name, age, and sex of patient.
(3)CA Health and Safety Code § 1765.160(h)(3)  Site, date, time, and as appropriate, duration of procedure.

Section § 1765.165

Explanation

This law states that hospitals cannot use mobile units as the primary source for basic services, except during emergencies like natural disasters.

If a hospital operates a mobile unit, it must be licensed through the hospital. The mobile unit is considered part of the hospital for licensing, and the hospital must document who is responsible for it.

The hospital has to ensure quality practices in the mobile unit and handle any legal issues if standards aren't met. Lastly, the hospital must coordinate with the mobile unit vehicle's owner to ensure it's available for necessary inspections.

(a)CA Health and Safety Code § 1765.165(a)  For general acute care hospitals, mobile unit services shall not be utilized as a primary source for a basic hospital service, as defined in subdivision (a) of Section 1250, unless in response to a natural disaster or other emergency situation.
(b)CA Health and Safety Code § 1765.165(b)  The mobile services provided in a mobile unit operated by a parent facility shall be licensed to the parent facility, even though it may be operated pursuant to a contract. When a contract of this type exists with a licensed parent facility for the provision of mobile unit services, all of the following shall apply:
(1)CA Health and Safety Code § 1765.165(b)(1)  Mobile units shall be treated as part of the parent facility for licensure purposes.
(2)CA Health and Safety Code § 1765.165(b)(2)  Each parent facility shall document the designated service and staff that have administrative responsibility for the mobile unit.
(3)CA Health and Safety Code § 1765.165(b)(3)  The parent facility shall maintain the administrative and professional responsibility for the mobile unit. All liabilities for noncompliance regarding the provisions of services in the mobile unit shall be that of the parent facility.
(4)CA Health and Safety Code § 1765.165(b)(4)  Procedures and services to be provided in the mobile unit shall be in accordance with recognized acceptable standards of practice.
(5)CA Health and Safety Code § 1765.165(b)(5)  Coordination with the owner of the mobile unit vehicle for availability of the vehicle at the site for required inspections shall be the responsibility of the parent facility.

Section § 1765.170

Explanation

This law specifies requirements for mobile medical units. They must be equipped with the necessary supplies and equipment to care for patients and comply with safety standards for X-ray equipment according to state radiation regulations. Mobile units need proper fire safety gear, including two fire extinguishers. Equipment used must follow the manufacturer's guidelines, and there should be records of regular maintenance and calibration. Additionally, a telecommunications device must be present in the unit.

The mobile unit shall comply with all of the following:
(a)CA Health and Safety Code § 1765.170(a)  It shall have supplies and equipment to meet the needs of the patients served.
(b)CA Health and Safety Code § 1765.170(b)  Any mobile unit X-ray equipment shall be in compliance with the requirements in the California Radiation Control Regulations, Title 17, California Code of Regulations.
(c)CA Health and Safety Code § 1765.170(c)  The mobile unit shall have fire safety equipment as specified by the fire authority having jurisdiction, including but not limited to, at least two fire extinguishers of 2A:20 BC rating.
(d)CA Health and Safety Code § 1765.170(d)  Documented evidence of preventative maintenance and calibration procedures of mobile unit equipment shall conform to the manufacturer’s specifications.
(e)CA Health and Safety Code § 1765.170(e)  Use of the equipment in mobile units shall conform to the manufacturer’s specifications.
(f)CA Health and Safety Code § 1765.170(f)  The mobile unit shall have a telecommunications device.

Section § 1765.175

Explanation

This law requires the state department to create or change rules to support the goals of the chapter. Before these rules are in place, specific clinics like chronic hemodialysis, surgery, or rehabilitation clinics, including mobile units, must follow federal standards for similar healthcare facilities.

The state department shall adopt, amend, or repeal, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, rules and regulations as it determines may be necessary to carry out the purposes and intent of this chapter and to enable the state department to exercise the powers and perform the duties conferred upon it by this chapter. Until the state department adopts regulations relating to provision of services by a chronic hemodialysis clinic, a surgery clinic, or a rehabilitation clinic, mobile units licensed or seeking licensure, in these categories shall comply with federal certification standards for end stage renal disease clinics, ambulatory surgery clinics, or comprehensive outpatient rehabilitation facilities, as applicable.