Amended IN Assembly July 15, 2021 Amended IN Senate April 21, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 637Introduced by Senator Newman(Coauthor: Senator Hertzberg)February 19, 2021 An act to amend Section 1276 of, and to add, repeal, and add Section 1275.9 of, the Health and Safety Code, relating to health facilities.LEGISLATIVE COUNSEL'S DIGESTSB 637, as amended, Newman. Health facility reporting: staffing.(1) Existing law provides for the licensure and regulation of certain health facilities, including general acute care hospitals, by the State Department of Public Health.This bill would require a general acute care hospital to report specified information to the department on a weekly basis during any health-related state of emergency in California proclaimed by the President of the United States or by the Governor, and on a monthly basis at all other times. The bill would require that the reports contain information on staffing, including, until January 1, 2025, January 1, 2025, or the end of the declared COVID-19 emergency, whichever comes first, on matters relating to COVID-19 cases. The bill would require the department to publicly post the information and update it based on the same timeframes.If the hospital fails to comply with the above requirement, the bill would authorize the department to impose fines or other penalties, and to suspend, revoke, or refuse to renew the license of, the hospital, as specified.(2) Existing law requires certain building standards and regulations to prescribe standards of adequacy, safety, and sanitation of the physical plant, of staffing with duly qualified licensed personnel, and of services, based on the type of health facility and the needs of the persons served. Existing law requires the regulations to permit program flexibility using alternate methods, procedures, or other specified means, based on a written request and supporting evidence submitted by the applicant or licensee to the department.This bill would require a health facility to post any approval for program flexibility granted by the department immediately adjacent to the facilitys license, license and on the facilitys internet website, as specified.(3) Existing law generally makes a violation of the licensure provisions for health facilities a misdemeanor.By expanding the scope of a crime under the above paragraphs, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1275.9 is added to the Health and Safety Code, to read:1275.9. (a) During any statewide health-related state of emergency in California proclaimed by the President of the United States or health-related state of emergency proclaimed by the Governor, a general acute care hospital shall report the information described in subdivision (c) to the department on a weekly basis. At all other times, the general acute care hospital shall report that information to the department on a monthly basis.(b) The department shall publicly post information received pursuant to this section and update it on a weekly basis during the state of emergency described in subdivision (a) and on a monthly basis at all other times.(c) Pursuant to subdivision (a), a general acute care hospital shall report the following information regarding staffing:(1) Whether the hospital is experiencing staffing shortage of nurses since the last time of reporting. (2) Whether the hospital experienced any layoffs of nurses since the time of last reporting and, if so, how many nurses and on what calendar day were they laid off.(3) Whether the hospital experienced any furloughs of nurses since the time of last reporting and if so, how many nurses were furloughed and on what calendar day were they furloughed.(4) Whether the hospital experienced any repeated cancellation of shifts of nurses since the time of last reporting. Repeated cancellation means more than two shifts canceled by the employer within a one-calendar-month period. Reports of cancelled shifts shall include information regarding the unit the nurses were scheduled to work in and the reason for the cancellation.(5) Numeric total of COVID-19-positive staff, including the total number of staff and facility personnel who have tested positive for COVID-19, whether by laboratory confirmation or clinical diagnosis. Reports of COVID-19-positive staff shall include the numbers of COVID-19-positive staff for each reporting period and as a total number since the first report.(6) Numeric total of newly suspected COVID-19-positive staff, including the total number of staff and facility personnel routinely scheduled to work at the hospital, but not necessarily present at the time of data entry, who are being managed as though they have COVID-19 but who do not have a positive laboratory test result.(7) Numeric total of new COVID-19-related deaths of staff, including the total number of deaths of staff and facility personnel routinely scheduled to work at the hospital and with suspected or laboratory-confirmed COVID-19, that occurred on the previous calendar day.(d) If a general acute care hospital fails to comply with this section, the department may impose fines or other penalties on, and may suspend, revoke, or refuse to renew the license of, the hospital in accordance with any applicable provisions of this chapter.(e) For purposes of this section, the following definitions apply:(1) COVID-19 means the 2019 novel coronavirus disease caused by the severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2).(2) General acute care hospital has the same meaning as defined in subdivision (a) of Section 1250.(f) This section shall remain in effect only until January 1, 2025, or when the Governor declares the end of the COVID-19 emergency, whichever comes first, and as of that date is repealed.SEC. 2. Section 1275.9 is added to the Health and Safety Code, to read:1275.9. (a) During any statewide health-related state of emergency in California proclaimed by the President of the United States or health-related state of emergency proclaimed by the Governor, a general acute care hospital shall report the information described in subdivision (c) to the department on a weekly basis. At all other times, the general acute care hospital shall report that information to the department on a monthly basis.(b) The department shall publicly post information received pursuant to this section and update it on a weekly basis during the state of emergency described in subdivision (a) and on a monthly basis at all other times.(c) Pursuant to subdivision (a), a general acute care hospital shall report the following information regarding staffing:(1) Whether the hospital is experiencing staffing shortage of nurses since the last time of reporting.(2) Whether the hospital experienced any layoffs of nurses since the time of last reporting and, if so, how many nurses and on what calendar day were they laid off.(3) Whether the hospital experienced any furloughs of nurses since the time of last reporting and, if so, how many nurses were furloughed and on what calendar day were they furloughed.(4) Whether the hospital experienced any repeated cancellation of shifts of nurses since the time of last reporting. Repeated cancellation means more than two shifts canceled by the employer within a one-calendar-month period. Reports of cancelled shifts shall include information regarding the unit the nurses were scheduled to work in and the reason for the cancellation.(d) If a general acute care hospital fails to comply with this section, the department may impose fines or other penalties on, and may suspend, revoke, or refuse to renew the license of, the hospital in accordance with any applicable provisions of this chapter.(e) For purposes of this section, general acute care hospital has the same meaning as defined in subdivision (a) of Section 1250.(f) This section shall become operative on January 1, 2025.SEC. 3. Section 1276 of the Health and Safety Code is amended to read:1276. (a) The building standards published in the California Building Standards Code by the Office of Statewide Health Planning and Development, and the regulations adopted by the department shall, as applicable, prescribe standards of adequacy, safety, and sanitation of the physical plant, of staffing with duly qualified licensed personnel, and of services, based on the type of health facility and the needs of the persons served thereby.(b) These regulations shall permit program flexibility by the use of alternate concepts, methods, procedures, techniques, equipment, personnel qualifications, bulk purchasing of pharmaceuticals, or conducting of pilot projects as long as statutory requirements are met and the use has the prior written approval of the department or the office, as applicable. The approval of the department or the office shall provide for the terms and conditions under which the exception is granted. A written request plus supporting evidence shall be submitted by the applicant or licensee to the department or office regarding the exception, as applicable.(c) While it is the intent of the Legislature that health facilities shall maintain continuous, ongoing compliance with the licensing rules and regulations, it is the further intent of the Legislature that the department expeditiously review and approve, if appropriate, applications for program flexibility. The Legislature recognizes that health care technology, practice, pharmaceutical procurement systems, and personnel qualifications and availability are changing rapidly. Therefore, requests for program flexibility require expeditious consideration.(d) (1) The department shall, on or before April 1, 1989, develop a standardized form and format for requests by health facilities for program flexibility. Health facilities shall thereafter apply to the department for program flexibility in the prescribed manner. After the department receives a complete application requesting program flexibility, it shall have 60 days within which to approve, approve with conditions or modifications, or deny the application. Denials and approvals with conditions or modifications shall be accompanied by an analysis and a detailed justification for any conditions or modifications imposed. Summary denials to meet the 60-day timeframe shall not be permitted.(2) A health facility shall post any approval by the department granted under this section, or a true copy thereof, immediately adjacent to the health facilitys license. license and on the facilitys internet website. The department may not waive or flex this requirement and may not permit health facilities to maintain program flexibility approvals only in a binder or other location separate from the location stated in this subdivision.(e) Notwithstanding any other law or regulation, the department shall provide flexibility in its pharmaceutical services requirements to permit any state department that operates state facilities subject to these provisions to establish a single statewide formulary or to procure pharmaceuticals through a departmentwide or multidepartment bulk purchasing arrangement. It is the intent of the Legislature that consolidation of these activities be permitted in order to allow the more cost-effective use and procurement of pharmaceuticals for the benefit of patients and residents of state facilities.SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
Amended IN Assembly July 15, 2021 Amended IN Senate April 21, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 637Introduced by Senator Newman(Coauthor: Senator Hertzberg)February 19, 2021 An act to amend Section 1276 of, and to add, repeal, and add Section 1275.9 of, the Health and Safety Code, relating to health facilities.LEGISLATIVE COUNSEL'S DIGESTSB 637, as amended, Newman. Health facility reporting: staffing.(1) Existing law provides for the licensure and regulation of certain health facilities, including general acute care hospitals, by the State Department of Public Health.This bill would require a general acute care hospital to report specified information to the department on a weekly basis during any health-related state of emergency in California proclaimed by the President of the United States or by the Governor, and on a monthly basis at all other times. The bill would require that the reports contain information on staffing, including, until January 1, 2025, January 1, 2025, or the end of the declared COVID-19 emergency, whichever comes first, on matters relating to COVID-19 cases. The bill would require the department to publicly post the information and update it based on the same timeframes.If the hospital fails to comply with the above requirement, the bill would authorize the department to impose fines or other penalties, and to suspend, revoke, or refuse to renew the license of, the hospital, as specified.(2) Existing law requires certain building standards and regulations to prescribe standards of adequacy, safety, and sanitation of the physical plant, of staffing with duly qualified licensed personnel, and of services, based on the type of health facility and the needs of the persons served. Existing law requires the regulations to permit program flexibility using alternate methods, procedures, or other specified means, based on a written request and supporting evidence submitted by the applicant or licensee to the department.This bill would require a health facility to post any approval for program flexibility granted by the department immediately adjacent to the facilitys license, license and on the facilitys internet website, as specified.(3) Existing law generally makes a violation of the licensure provisions for health facilities a misdemeanor.By expanding the scope of a crime under the above paragraphs, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
Amended IN Assembly July 15, 2021 Amended IN Senate April 21, 2021
Amended IN Assembly July 15, 2021
Amended IN Senate April 21, 2021
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Senate Bill
No. 637
Introduced by Senator Newman(Coauthor: Senator Hertzberg)February 19, 2021
Introduced by Senator Newman(Coauthor: Senator Hertzberg)
February 19, 2021
An act to amend Section 1276 of, and to add, repeal, and add Section 1275.9 of, the Health and Safety Code, relating to health facilities.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 637, as amended, Newman. Health facility reporting: staffing.
(1) Existing law provides for the licensure and regulation of certain health facilities, including general acute care hospitals, by the State Department of Public Health.This bill would require a general acute care hospital to report specified information to the department on a weekly basis during any health-related state of emergency in California proclaimed by the President of the United States or by the Governor, and on a monthly basis at all other times. The bill would require that the reports contain information on staffing, including, until January 1, 2025, January 1, 2025, or the end of the declared COVID-19 emergency, whichever comes first, on matters relating to COVID-19 cases. The bill would require the department to publicly post the information and update it based on the same timeframes.If the hospital fails to comply with the above requirement, the bill would authorize the department to impose fines or other penalties, and to suspend, revoke, or refuse to renew the license of, the hospital, as specified.(2) Existing law requires certain building standards and regulations to prescribe standards of adequacy, safety, and sanitation of the physical plant, of staffing with duly qualified licensed personnel, and of services, based on the type of health facility and the needs of the persons served. Existing law requires the regulations to permit program flexibility using alternate methods, procedures, or other specified means, based on a written request and supporting evidence submitted by the applicant or licensee to the department.This bill would require a health facility to post any approval for program flexibility granted by the department immediately adjacent to the facilitys license, license and on the facilitys internet website, as specified.(3) Existing law generally makes a violation of the licensure provisions for health facilities a misdemeanor.By expanding the scope of a crime under the above paragraphs, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.
(1) Existing law provides for the licensure and regulation of certain health facilities, including general acute care hospitals, by the State Department of Public Health.
This bill would require a general acute care hospital to report specified information to the department on a weekly basis during any health-related state of emergency in California proclaimed by the President of the United States or by the Governor, and on a monthly basis at all other times. The bill would require that the reports contain information on staffing, including, until January 1, 2025, January 1, 2025, or the end of the declared COVID-19 emergency, whichever comes first, on matters relating to COVID-19 cases. The bill would require the department to publicly post the information and update it based on the same timeframes.
If the hospital fails to comply with the above requirement, the bill would authorize the department to impose fines or other penalties, and to suspend, revoke, or refuse to renew the license of, the hospital, as specified.
(2) Existing law requires certain building standards and regulations to prescribe standards of adequacy, safety, and sanitation of the physical plant, of staffing with duly qualified licensed personnel, and of services, based on the type of health facility and the needs of the persons served. Existing law requires the regulations to permit program flexibility using alternate methods, procedures, or other specified means, based on a written request and supporting evidence submitted by the applicant or licensee to the department.
This bill would require a health facility to post any approval for program flexibility granted by the department immediately adjacent to the facilitys license, license and on the facilitys internet website, as specified.
(3) Existing law generally makes a violation of the licensure provisions for health facilities a misdemeanor.
By expanding the scope of a crime under the above paragraphs, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 1275.9 is added to the Health and Safety Code, to read:1275.9. (a) During any statewide health-related state of emergency in California proclaimed by the President of the United States or health-related state of emergency proclaimed by the Governor, a general acute care hospital shall report the information described in subdivision (c) to the department on a weekly basis. At all other times, the general acute care hospital shall report that information to the department on a monthly basis.(b) The department shall publicly post information received pursuant to this section and update it on a weekly basis during the state of emergency described in subdivision (a) and on a monthly basis at all other times.(c) Pursuant to subdivision (a), a general acute care hospital shall report the following information regarding staffing:(1) Whether the hospital is experiencing staffing shortage of nurses since the last time of reporting. (2) Whether the hospital experienced any layoffs of nurses since the time of last reporting and, if so, how many nurses and on what calendar day were they laid off.(3) Whether the hospital experienced any furloughs of nurses since the time of last reporting and if so, how many nurses were furloughed and on what calendar day were they furloughed.(4) Whether the hospital experienced any repeated cancellation of shifts of nurses since the time of last reporting. Repeated cancellation means more than two shifts canceled by the employer within a one-calendar-month period. Reports of cancelled shifts shall include information regarding the unit the nurses were scheduled to work in and the reason for the cancellation.(5) Numeric total of COVID-19-positive staff, including the total number of staff and facility personnel who have tested positive for COVID-19, whether by laboratory confirmation or clinical diagnosis. Reports of COVID-19-positive staff shall include the numbers of COVID-19-positive staff for each reporting period and as a total number since the first report.(6) Numeric total of newly suspected COVID-19-positive staff, including the total number of staff and facility personnel routinely scheduled to work at the hospital, but not necessarily present at the time of data entry, who are being managed as though they have COVID-19 but who do not have a positive laboratory test result.(7) Numeric total of new COVID-19-related deaths of staff, including the total number of deaths of staff and facility personnel routinely scheduled to work at the hospital and with suspected or laboratory-confirmed COVID-19, that occurred on the previous calendar day.(d) If a general acute care hospital fails to comply with this section, the department may impose fines or other penalties on, and may suspend, revoke, or refuse to renew the license of, the hospital in accordance with any applicable provisions of this chapter.(e) For purposes of this section, the following definitions apply:(1) COVID-19 means the 2019 novel coronavirus disease caused by the severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2).(2) General acute care hospital has the same meaning as defined in subdivision (a) of Section 1250.(f) This section shall remain in effect only until January 1, 2025, or when the Governor declares the end of the COVID-19 emergency, whichever comes first, and as of that date is repealed.SEC. 2. Section 1275.9 is added to the Health and Safety Code, to read:1275.9. (a) During any statewide health-related state of emergency in California proclaimed by the President of the United States or health-related state of emergency proclaimed by the Governor, a general acute care hospital shall report the information described in subdivision (c) to the department on a weekly basis. At all other times, the general acute care hospital shall report that information to the department on a monthly basis.(b) The department shall publicly post information received pursuant to this section and update it on a weekly basis during the state of emergency described in subdivision (a) and on a monthly basis at all other times.(c) Pursuant to subdivision (a), a general acute care hospital shall report the following information regarding staffing:(1) Whether the hospital is experiencing staffing shortage of nurses since the last time of reporting.(2) Whether the hospital experienced any layoffs of nurses since the time of last reporting and, if so, how many nurses and on what calendar day were they laid off.(3) Whether the hospital experienced any furloughs of nurses since the time of last reporting and, if so, how many nurses were furloughed and on what calendar day were they furloughed.(4) Whether the hospital experienced any repeated cancellation of shifts of nurses since the time of last reporting. Repeated cancellation means more than two shifts canceled by the employer within a one-calendar-month period. Reports of cancelled shifts shall include information regarding the unit the nurses were scheduled to work in and the reason for the cancellation.(d) If a general acute care hospital fails to comply with this section, the department may impose fines or other penalties on, and may suspend, revoke, or refuse to renew the license of, the hospital in accordance with any applicable provisions of this chapter.(e) For purposes of this section, general acute care hospital has the same meaning as defined in subdivision (a) of Section 1250.(f) This section shall become operative on January 1, 2025.SEC. 3. Section 1276 of the Health and Safety Code is amended to read:1276. (a) The building standards published in the California Building Standards Code by the Office of Statewide Health Planning and Development, and the regulations adopted by the department shall, as applicable, prescribe standards of adequacy, safety, and sanitation of the physical plant, of staffing with duly qualified licensed personnel, and of services, based on the type of health facility and the needs of the persons served thereby.(b) These regulations shall permit program flexibility by the use of alternate concepts, methods, procedures, techniques, equipment, personnel qualifications, bulk purchasing of pharmaceuticals, or conducting of pilot projects as long as statutory requirements are met and the use has the prior written approval of the department or the office, as applicable. The approval of the department or the office shall provide for the terms and conditions under which the exception is granted. A written request plus supporting evidence shall be submitted by the applicant or licensee to the department or office regarding the exception, as applicable.(c) While it is the intent of the Legislature that health facilities shall maintain continuous, ongoing compliance with the licensing rules and regulations, it is the further intent of the Legislature that the department expeditiously review and approve, if appropriate, applications for program flexibility. The Legislature recognizes that health care technology, practice, pharmaceutical procurement systems, and personnel qualifications and availability are changing rapidly. Therefore, requests for program flexibility require expeditious consideration.(d) (1) The department shall, on or before April 1, 1989, develop a standardized form and format for requests by health facilities for program flexibility. Health facilities shall thereafter apply to the department for program flexibility in the prescribed manner. After the department receives a complete application requesting program flexibility, it shall have 60 days within which to approve, approve with conditions or modifications, or deny the application. Denials and approvals with conditions or modifications shall be accompanied by an analysis and a detailed justification for any conditions or modifications imposed. Summary denials to meet the 60-day timeframe shall not be permitted.(2) A health facility shall post any approval by the department granted under this section, or a true copy thereof, immediately adjacent to the health facilitys license. license and on the facilitys internet website. The department may not waive or flex this requirement and may not permit health facilities to maintain program flexibility approvals only in a binder or other location separate from the location stated in this subdivision.(e) Notwithstanding any other law or regulation, the department shall provide flexibility in its pharmaceutical services requirements to permit any state department that operates state facilities subject to these provisions to establish a single statewide formulary or to procure pharmaceuticals through a departmentwide or multidepartment bulk purchasing arrangement. It is the intent of the Legislature that consolidation of these activities be permitted in order to allow the more cost-effective use and procurement of pharmaceuticals for the benefit of patients and residents of state facilities.SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 1275.9 is added to the Health and Safety Code, to read:1275.9. (a) During any statewide health-related state of emergency in California proclaimed by the President of the United States or health-related state of emergency proclaimed by the Governor, a general acute care hospital shall report the information described in subdivision (c) to the department on a weekly basis. At all other times, the general acute care hospital shall report that information to the department on a monthly basis.(b) The department shall publicly post information received pursuant to this section and update it on a weekly basis during the state of emergency described in subdivision (a) and on a monthly basis at all other times.(c) Pursuant to subdivision (a), a general acute care hospital shall report the following information regarding staffing:(1) Whether the hospital is experiencing staffing shortage of nurses since the last time of reporting. (2) Whether the hospital experienced any layoffs of nurses since the time of last reporting and, if so, how many nurses and on what calendar day were they laid off.(3) Whether the hospital experienced any furloughs of nurses since the time of last reporting and if so, how many nurses were furloughed and on what calendar day were they furloughed.(4) Whether the hospital experienced any repeated cancellation of shifts of nurses since the time of last reporting. Repeated cancellation means more than two shifts canceled by the employer within a one-calendar-month period. Reports of cancelled shifts shall include information regarding the unit the nurses were scheduled to work in and the reason for the cancellation.(5) Numeric total of COVID-19-positive staff, including the total number of staff and facility personnel who have tested positive for COVID-19, whether by laboratory confirmation or clinical diagnosis. Reports of COVID-19-positive staff shall include the numbers of COVID-19-positive staff for each reporting period and as a total number since the first report.(6) Numeric total of newly suspected COVID-19-positive staff, including the total number of staff and facility personnel routinely scheduled to work at the hospital, but not necessarily present at the time of data entry, who are being managed as though they have COVID-19 but who do not have a positive laboratory test result.(7) Numeric total of new COVID-19-related deaths of staff, including the total number of deaths of staff and facility personnel routinely scheduled to work at the hospital and with suspected or laboratory-confirmed COVID-19, that occurred on the previous calendar day.(d) If a general acute care hospital fails to comply with this section, the department may impose fines or other penalties on, and may suspend, revoke, or refuse to renew the license of, the hospital in accordance with any applicable provisions of this chapter.(e) For purposes of this section, the following definitions apply:(1) COVID-19 means the 2019 novel coronavirus disease caused by the severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2).(2) General acute care hospital has the same meaning as defined in subdivision (a) of Section 1250.(f) This section shall remain in effect only until January 1, 2025, or when the Governor declares the end of the COVID-19 emergency, whichever comes first, and as of that date is repealed.
SECTION 1. Section 1275.9 is added to the Health and Safety Code, to read:
### SECTION 1.
1275.9. (a) During any statewide health-related state of emergency in California proclaimed by the President of the United States or health-related state of emergency proclaimed by the Governor, a general acute care hospital shall report the information described in subdivision (c) to the department on a weekly basis. At all other times, the general acute care hospital shall report that information to the department on a monthly basis.(b) The department shall publicly post information received pursuant to this section and update it on a weekly basis during the state of emergency described in subdivision (a) and on a monthly basis at all other times.(c) Pursuant to subdivision (a), a general acute care hospital shall report the following information regarding staffing:(1) Whether the hospital is experiencing staffing shortage of nurses since the last time of reporting. (2) Whether the hospital experienced any layoffs of nurses since the time of last reporting and, if so, how many nurses and on what calendar day were they laid off.(3) Whether the hospital experienced any furloughs of nurses since the time of last reporting and if so, how many nurses were furloughed and on what calendar day were they furloughed.(4) Whether the hospital experienced any repeated cancellation of shifts of nurses since the time of last reporting. Repeated cancellation means more than two shifts canceled by the employer within a one-calendar-month period. Reports of cancelled shifts shall include information regarding the unit the nurses were scheduled to work in and the reason for the cancellation.(5) Numeric total of COVID-19-positive staff, including the total number of staff and facility personnel who have tested positive for COVID-19, whether by laboratory confirmation or clinical diagnosis. Reports of COVID-19-positive staff shall include the numbers of COVID-19-positive staff for each reporting period and as a total number since the first report.(6) Numeric total of newly suspected COVID-19-positive staff, including the total number of staff and facility personnel routinely scheduled to work at the hospital, but not necessarily present at the time of data entry, who are being managed as though they have COVID-19 but who do not have a positive laboratory test result.(7) Numeric total of new COVID-19-related deaths of staff, including the total number of deaths of staff and facility personnel routinely scheduled to work at the hospital and with suspected or laboratory-confirmed COVID-19, that occurred on the previous calendar day.(d) If a general acute care hospital fails to comply with this section, the department may impose fines or other penalties on, and may suspend, revoke, or refuse to renew the license of, the hospital in accordance with any applicable provisions of this chapter.(e) For purposes of this section, the following definitions apply:(1) COVID-19 means the 2019 novel coronavirus disease caused by the severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2).(2) General acute care hospital has the same meaning as defined in subdivision (a) of Section 1250.(f) This section shall remain in effect only until January 1, 2025, or when the Governor declares the end of the COVID-19 emergency, whichever comes first, and as of that date is repealed.
1275.9. (a) During any statewide health-related state of emergency in California proclaimed by the President of the United States or health-related state of emergency proclaimed by the Governor, a general acute care hospital shall report the information described in subdivision (c) to the department on a weekly basis. At all other times, the general acute care hospital shall report that information to the department on a monthly basis.(b) The department shall publicly post information received pursuant to this section and update it on a weekly basis during the state of emergency described in subdivision (a) and on a monthly basis at all other times.(c) Pursuant to subdivision (a), a general acute care hospital shall report the following information regarding staffing:(1) Whether the hospital is experiencing staffing shortage of nurses since the last time of reporting. (2) Whether the hospital experienced any layoffs of nurses since the time of last reporting and, if so, how many nurses and on what calendar day were they laid off.(3) Whether the hospital experienced any furloughs of nurses since the time of last reporting and if so, how many nurses were furloughed and on what calendar day were they furloughed.(4) Whether the hospital experienced any repeated cancellation of shifts of nurses since the time of last reporting. Repeated cancellation means more than two shifts canceled by the employer within a one-calendar-month period. Reports of cancelled shifts shall include information regarding the unit the nurses were scheduled to work in and the reason for the cancellation.(5) Numeric total of COVID-19-positive staff, including the total number of staff and facility personnel who have tested positive for COVID-19, whether by laboratory confirmation or clinical diagnosis. Reports of COVID-19-positive staff shall include the numbers of COVID-19-positive staff for each reporting period and as a total number since the first report.(6) Numeric total of newly suspected COVID-19-positive staff, including the total number of staff and facility personnel routinely scheduled to work at the hospital, but not necessarily present at the time of data entry, who are being managed as though they have COVID-19 but who do not have a positive laboratory test result.(7) Numeric total of new COVID-19-related deaths of staff, including the total number of deaths of staff and facility personnel routinely scheduled to work at the hospital and with suspected or laboratory-confirmed COVID-19, that occurred on the previous calendar day.(d) If a general acute care hospital fails to comply with this section, the department may impose fines or other penalties on, and may suspend, revoke, or refuse to renew the license of, the hospital in accordance with any applicable provisions of this chapter.(e) For purposes of this section, the following definitions apply:(1) COVID-19 means the 2019 novel coronavirus disease caused by the severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2).(2) General acute care hospital has the same meaning as defined in subdivision (a) of Section 1250.(f) This section shall remain in effect only until January 1, 2025, or when the Governor declares the end of the COVID-19 emergency, whichever comes first, and as of that date is repealed.
1275.9. (a) During any statewide health-related state of emergency in California proclaimed by the President of the United States or health-related state of emergency proclaimed by the Governor, a general acute care hospital shall report the information described in subdivision (c) to the department on a weekly basis. At all other times, the general acute care hospital shall report that information to the department on a monthly basis.(b) The department shall publicly post information received pursuant to this section and update it on a weekly basis during the state of emergency described in subdivision (a) and on a monthly basis at all other times.(c) Pursuant to subdivision (a), a general acute care hospital shall report the following information regarding staffing:(1) Whether the hospital is experiencing staffing shortage of nurses since the last time of reporting. (2) Whether the hospital experienced any layoffs of nurses since the time of last reporting and, if so, how many nurses and on what calendar day were they laid off.(3) Whether the hospital experienced any furloughs of nurses since the time of last reporting and if so, how many nurses were furloughed and on what calendar day were they furloughed.(4) Whether the hospital experienced any repeated cancellation of shifts of nurses since the time of last reporting. Repeated cancellation means more than two shifts canceled by the employer within a one-calendar-month period. Reports of cancelled shifts shall include information regarding the unit the nurses were scheduled to work in and the reason for the cancellation.(5) Numeric total of COVID-19-positive staff, including the total number of staff and facility personnel who have tested positive for COVID-19, whether by laboratory confirmation or clinical diagnosis. Reports of COVID-19-positive staff shall include the numbers of COVID-19-positive staff for each reporting period and as a total number since the first report.(6) Numeric total of newly suspected COVID-19-positive staff, including the total number of staff and facility personnel routinely scheduled to work at the hospital, but not necessarily present at the time of data entry, who are being managed as though they have COVID-19 but who do not have a positive laboratory test result.(7) Numeric total of new COVID-19-related deaths of staff, including the total number of deaths of staff and facility personnel routinely scheduled to work at the hospital and with suspected or laboratory-confirmed COVID-19, that occurred on the previous calendar day.(d) If a general acute care hospital fails to comply with this section, the department may impose fines or other penalties on, and may suspend, revoke, or refuse to renew the license of, the hospital in accordance with any applicable provisions of this chapter.(e) For purposes of this section, the following definitions apply:(1) COVID-19 means the 2019 novel coronavirus disease caused by the severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2).(2) General acute care hospital has the same meaning as defined in subdivision (a) of Section 1250.(f) This section shall remain in effect only until January 1, 2025, or when the Governor declares the end of the COVID-19 emergency, whichever comes first, and as of that date is repealed.
1275.9. (a) During any statewide health-related state of emergency in California proclaimed by the President of the United States or health-related state of emergency proclaimed by the Governor, a general acute care hospital shall report the information described in subdivision (c) to the department on a weekly basis. At all other times, the general acute care hospital shall report that information to the department on a monthly basis.
(b) The department shall publicly post information received pursuant to this section and update it on a weekly basis during the state of emergency described in subdivision (a) and on a monthly basis at all other times.
(c) Pursuant to subdivision (a), a general acute care hospital shall report the following information regarding staffing:
(1) Whether the hospital is experiencing staffing shortage of nurses since the last time of reporting.
(2) Whether the hospital experienced any layoffs of nurses since the time of last reporting and, if so, how many nurses and on what calendar day were they laid off.
(3) Whether the hospital experienced any furloughs of nurses since the time of last reporting and if so, how many nurses were furloughed and on what calendar day were they furloughed.
(4) Whether the hospital experienced any repeated cancellation of shifts of nurses since the time of last reporting. Repeated cancellation means more than two shifts canceled by the employer within a one-calendar-month period. Reports of cancelled shifts shall include information regarding the unit the nurses were scheduled to work in and the reason for the cancellation.
(5) Numeric total of COVID-19-positive staff, including the total number of staff and facility personnel who have tested positive for COVID-19, whether by laboratory confirmation or clinical diagnosis. Reports of COVID-19-positive staff shall include the numbers of COVID-19-positive staff for each reporting period and as a total number since the first report.
(6) Numeric total of newly suspected COVID-19-positive staff, including the total number of staff and facility personnel routinely scheduled to work at the hospital, but not necessarily present at the time of data entry, who are being managed as though they have COVID-19 but who do not have a positive laboratory test result.
(7) Numeric total of new COVID-19-related deaths of staff, including the total number of deaths of staff and facility personnel routinely scheduled to work at the hospital and with suspected or laboratory-confirmed COVID-19, that occurred on the previous calendar day.
(d) If a general acute care hospital fails to comply with this section, the department may impose fines or other penalties on, and may suspend, revoke, or refuse to renew the license of, the hospital in accordance with any applicable provisions of this chapter.
(e) For purposes of this section, the following definitions apply:
(1) COVID-19 means the 2019 novel coronavirus disease caused by the severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2).
(2) General acute care hospital has the same meaning as defined in subdivision (a) of Section 1250.
(f) This section shall remain in effect only until January 1, 2025, or when the Governor declares the end of the COVID-19 emergency, whichever comes first, and as of that date is repealed.
SEC. 2. Section 1275.9 is added to the Health and Safety Code, to read:1275.9. (a) During any statewide health-related state of emergency in California proclaimed by the President of the United States or health-related state of emergency proclaimed by the Governor, a general acute care hospital shall report the information described in subdivision (c) to the department on a weekly basis. At all other times, the general acute care hospital shall report that information to the department on a monthly basis.(b) The department shall publicly post information received pursuant to this section and update it on a weekly basis during the state of emergency described in subdivision (a) and on a monthly basis at all other times.(c) Pursuant to subdivision (a), a general acute care hospital shall report the following information regarding staffing:(1) Whether the hospital is experiencing staffing shortage of nurses since the last time of reporting.(2) Whether the hospital experienced any layoffs of nurses since the time of last reporting and, if so, how many nurses and on what calendar day were they laid off.(3) Whether the hospital experienced any furloughs of nurses since the time of last reporting and, if so, how many nurses were furloughed and on what calendar day were they furloughed.(4) Whether the hospital experienced any repeated cancellation of shifts of nurses since the time of last reporting. Repeated cancellation means more than two shifts canceled by the employer within a one-calendar-month period. Reports of cancelled shifts shall include information regarding the unit the nurses were scheduled to work in and the reason for the cancellation.(d) If a general acute care hospital fails to comply with this section, the department may impose fines or other penalties on, and may suspend, revoke, or refuse to renew the license of, the hospital in accordance with any applicable provisions of this chapter.(e) For purposes of this section, general acute care hospital has the same meaning as defined in subdivision (a) of Section 1250.(f) This section shall become operative on January 1, 2025.
SEC. 2. Section 1275.9 is added to the Health and Safety Code, to read:
### SEC. 2.
1275.9. (a) During any statewide health-related state of emergency in California proclaimed by the President of the United States or health-related state of emergency proclaimed by the Governor, a general acute care hospital shall report the information described in subdivision (c) to the department on a weekly basis. At all other times, the general acute care hospital shall report that information to the department on a monthly basis.(b) The department shall publicly post information received pursuant to this section and update it on a weekly basis during the state of emergency described in subdivision (a) and on a monthly basis at all other times.(c) Pursuant to subdivision (a), a general acute care hospital shall report the following information regarding staffing:(1) Whether the hospital is experiencing staffing shortage of nurses since the last time of reporting.(2) Whether the hospital experienced any layoffs of nurses since the time of last reporting and, if so, how many nurses and on what calendar day were they laid off.(3) Whether the hospital experienced any furloughs of nurses since the time of last reporting and, if so, how many nurses were furloughed and on what calendar day were they furloughed.(4) Whether the hospital experienced any repeated cancellation of shifts of nurses since the time of last reporting. Repeated cancellation means more than two shifts canceled by the employer within a one-calendar-month period. Reports of cancelled shifts shall include information regarding the unit the nurses were scheduled to work in and the reason for the cancellation.(d) If a general acute care hospital fails to comply with this section, the department may impose fines or other penalties on, and may suspend, revoke, or refuse to renew the license of, the hospital in accordance with any applicable provisions of this chapter.(e) For purposes of this section, general acute care hospital has the same meaning as defined in subdivision (a) of Section 1250.(f) This section shall become operative on January 1, 2025.
1275.9. (a) During any statewide health-related state of emergency in California proclaimed by the President of the United States or health-related state of emergency proclaimed by the Governor, a general acute care hospital shall report the information described in subdivision (c) to the department on a weekly basis. At all other times, the general acute care hospital shall report that information to the department on a monthly basis.(b) The department shall publicly post information received pursuant to this section and update it on a weekly basis during the state of emergency described in subdivision (a) and on a monthly basis at all other times.(c) Pursuant to subdivision (a), a general acute care hospital shall report the following information regarding staffing:(1) Whether the hospital is experiencing staffing shortage of nurses since the last time of reporting.(2) Whether the hospital experienced any layoffs of nurses since the time of last reporting and, if so, how many nurses and on what calendar day were they laid off.(3) Whether the hospital experienced any furloughs of nurses since the time of last reporting and, if so, how many nurses were furloughed and on what calendar day were they furloughed.(4) Whether the hospital experienced any repeated cancellation of shifts of nurses since the time of last reporting. Repeated cancellation means more than two shifts canceled by the employer within a one-calendar-month period. Reports of cancelled shifts shall include information regarding the unit the nurses were scheduled to work in and the reason for the cancellation.(d) If a general acute care hospital fails to comply with this section, the department may impose fines or other penalties on, and may suspend, revoke, or refuse to renew the license of, the hospital in accordance with any applicable provisions of this chapter.(e) For purposes of this section, general acute care hospital has the same meaning as defined in subdivision (a) of Section 1250.(f) This section shall become operative on January 1, 2025.
1275.9. (a) During any statewide health-related state of emergency in California proclaimed by the President of the United States or health-related state of emergency proclaimed by the Governor, a general acute care hospital shall report the information described in subdivision (c) to the department on a weekly basis. At all other times, the general acute care hospital shall report that information to the department on a monthly basis.(b) The department shall publicly post information received pursuant to this section and update it on a weekly basis during the state of emergency described in subdivision (a) and on a monthly basis at all other times.(c) Pursuant to subdivision (a), a general acute care hospital shall report the following information regarding staffing:(1) Whether the hospital is experiencing staffing shortage of nurses since the last time of reporting.(2) Whether the hospital experienced any layoffs of nurses since the time of last reporting and, if so, how many nurses and on what calendar day were they laid off.(3) Whether the hospital experienced any furloughs of nurses since the time of last reporting and, if so, how many nurses were furloughed and on what calendar day were they furloughed.(4) Whether the hospital experienced any repeated cancellation of shifts of nurses since the time of last reporting. Repeated cancellation means more than two shifts canceled by the employer within a one-calendar-month period. Reports of cancelled shifts shall include information regarding the unit the nurses were scheduled to work in and the reason for the cancellation.(d) If a general acute care hospital fails to comply with this section, the department may impose fines or other penalties on, and may suspend, revoke, or refuse to renew the license of, the hospital in accordance with any applicable provisions of this chapter.(e) For purposes of this section, general acute care hospital has the same meaning as defined in subdivision (a) of Section 1250.(f) This section shall become operative on January 1, 2025.
1275.9. (a) During any statewide health-related state of emergency in California proclaimed by the President of the United States or health-related state of emergency proclaimed by the Governor, a general acute care hospital shall report the information described in subdivision (c) to the department on a weekly basis. At all other times, the general acute care hospital shall report that information to the department on a monthly basis.
(b) The department shall publicly post information received pursuant to this section and update it on a weekly basis during the state of emergency described in subdivision (a) and on a monthly basis at all other times.
(c) Pursuant to subdivision (a), a general acute care hospital shall report the following information regarding staffing:
(1) Whether the hospital is experiencing staffing shortage of nurses since the last time of reporting.
(2) Whether the hospital experienced any layoffs of nurses since the time of last reporting and, if so, how many nurses and on what calendar day were they laid off.
(3) Whether the hospital experienced any furloughs of nurses since the time of last reporting and, if so, how many nurses were furloughed and on what calendar day were they furloughed.
(4) Whether the hospital experienced any repeated cancellation of shifts of nurses since the time of last reporting. Repeated cancellation means more than two shifts canceled by the employer within a one-calendar-month period. Reports of cancelled shifts shall include information regarding the unit the nurses were scheduled to work in and the reason for the cancellation.
(d) If a general acute care hospital fails to comply with this section, the department may impose fines or other penalties on, and may suspend, revoke, or refuse to renew the license of, the hospital in accordance with any applicable provisions of this chapter.
(e) For purposes of this section, general acute care hospital has the same meaning as defined in subdivision (a) of Section 1250.
(f) This section shall become operative on January 1, 2025.
SEC. 3. Section 1276 of the Health and Safety Code is amended to read:1276. (a) The building standards published in the California Building Standards Code by the Office of Statewide Health Planning and Development, and the regulations adopted by the department shall, as applicable, prescribe standards of adequacy, safety, and sanitation of the physical plant, of staffing with duly qualified licensed personnel, and of services, based on the type of health facility and the needs of the persons served thereby.(b) These regulations shall permit program flexibility by the use of alternate concepts, methods, procedures, techniques, equipment, personnel qualifications, bulk purchasing of pharmaceuticals, or conducting of pilot projects as long as statutory requirements are met and the use has the prior written approval of the department or the office, as applicable. The approval of the department or the office shall provide for the terms and conditions under which the exception is granted. A written request plus supporting evidence shall be submitted by the applicant or licensee to the department or office regarding the exception, as applicable.(c) While it is the intent of the Legislature that health facilities shall maintain continuous, ongoing compliance with the licensing rules and regulations, it is the further intent of the Legislature that the department expeditiously review and approve, if appropriate, applications for program flexibility. The Legislature recognizes that health care technology, practice, pharmaceutical procurement systems, and personnel qualifications and availability are changing rapidly. Therefore, requests for program flexibility require expeditious consideration.(d) (1) The department shall, on or before April 1, 1989, develop a standardized form and format for requests by health facilities for program flexibility. Health facilities shall thereafter apply to the department for program flexibility in the prescribed manner. After the department receives a complete application requesting program flexibility, it shall have 60 days within which to approve, approve with conditions or modifications, or deny the application. Denials and approvals with conditions or modifications shall be accompanied by an analysis and a detailed justification for any conditions or modifications imposed. Summary denials to meet the 60-day timeframe shall not be permitted.(2) A health facility shall post any approval by the department granted under this section, or a true copy thereof, immediately adjacent to the health facilitys license. license and on the facilitys internet website. The department may not waive or flex this requirement and may not permit health facilities to maintain program flexibility approvals only in a binder or other location separate from the location stated in this subdivision.(e) Notwithstanding any other law or regulation, the department shall provide flexibility in its pharmaceutical services requirements to permit any state department that operates state facilities subject to these provisions to establish a single statewide formulary or to procure pharmaceuticals through a departmentwide or multidepartment bulk purchasing arrangement. It is the intent of the Legislature that consolidation of these activities be permitted in order to allow the more cost-effective use and procurement of pharmaceuticals for the benefit of patients and residents of state facilities.
SEC. 3. Section 1276 of the Health and Safety Code is amended to read:
### SEC. 3.
1276. (a) The building standards published in the California Building Standards Code by the Office of Statewide Health Planning and Development, and the regulations adopted by the department shall, as applicable, prescribe standards of adequacy, safety, and sanitation of the physical plant, of staffing with duly qualified licensed personnel, and of services, based on the type of health facility and the needs of the persons served thereby.(b) These regulations shall permit program flexibility by the use of alternate concepts, methods, procedures, techniques, equipment, personnel qualifications, bulk purchasing of pharmaceuticals, or conducting of pilot projects as long as statutory requirements are met and the use has the prior written approval of the department or the office, as applicable. The approval of the department or the office shall provide for the terms and conditions under which the exception is granted. A written request plus supporting evidence shall be submitted by the applicant or licensee to the department or office regarding the exception, as applicable.(c) While it is the intent of the Legislature that health facilities shall maintain continuous, ongoing compliance with the licensing rules and regulations, it is the further intent of the Legislature that the department expeditiously review and approve, if appropriate, applications for program flexibility. The Legislature recognizes that health care technology, practice, pharmaceutical procurement systems, and personnel qualifications and availability are changing rapidly. Therefore, requests for program flexibility require expeditious consideration.(d) (1) The department shall, on or before April 1, 1989, develop a standardized form and format for requests by health facilities for program flexibility. Health facilities shall thereafter apply to the department for program flexibility in the prescribed manner. After the department receives a complete application requesting program flexibility, it shall have 60 days within which to approve, approve with conditions or modifications, or deny the application. Denials and approvals with conditions or modifications shall be accompanied by an analysis and a detailed justification for any conditions or modifications imposed. Summary denials to meet the 60-day timeframe shall not be permitted.(2) A health facility shall post any approval by the department granted under this section, or a true copy thereof, immediately adjacent to the health facilitys license. license and on the facilitys internet website. The department may not waive or flex this requirement and may not permit health facilities to maintain program flexibility approvals only in a binder or other location separate from the location stated in this subdivision.(e) Notwithstanding any other law or regulation, the department shall provide flexibility in its pharmaceutical services requirements to permit any state department that operates state facilities subject to these provisions to establish a single statewide formulary or to procure pharmaceuticals through a departmentwide or multidepartment bulk purchasing arrangement. It is the intent of the Legislature that consolidation of these activities be permitted in order to allow the more cost-effective use and procurement of pharmaceuticals for the benefit of patients and residents of state facilities.
1276. (a) The building standards published in the California Building Standards Code by the Office of Statewide Health Planning and Development, and the regulations adopted by the department shall, as applicable, prescribe standards of adequacy, safety, and sanitation of the physical plant, of staffing with duly qualified licensed personnel, and of services, based on the type of health facility and the needs of the persons served thereby.(b) These regulations shall permit program flexibility by the use of alternate concepts, methods, procedures, techniques, equipment, personnel qualifications, bulk purchasing of pharmaceuticals, or conducting of pilot projects as long as statutory requirements are met and the use has the prior written approval of the department or the office, as applicable. The approval of the department or the office shall provide for the terms and conditions under which the exception is granted. A written request plus supporting evidence shall be submitted by the applicant or licensee to the department or office regarding the exception, as applicable.(c) While it is the intent of the Legislature that health facilities shall maintain continuous, ongoing compliance with the licensing rules and regulations, it is the further intent of the Legislature that the department expeditiously review and approve, if appropriate, applications for program flexibility. The Legislature recognizes that health care technology, practice, pharmaceutical procurement systems, and personnel qualifications and availability are changing rapidly. Therefore, requests for program flexibility require expeditious consideration.(d) (1) The department shall, on or before April 1, 1989, develop a standardized form and format for requests by health facilities for program flexibility. Health facilities shall thereafter apply to the department for program flexibility in the prescribed manner. After the department receives a complete application requesting program flexibility, it shall have 60 days within which to approve, approve with conditions or modifications, or deny the application. Denials and approvals with conditions or modifications shall be accompanied by an analysis and a detailed justification for any conditions or modifications imposed. Summary denials to meet the 60-day timeframe shall not be permitted.(2) A health facility shall post any approval by the department granted under this section, or a true copy thereof, immediately adjacent to the health facilitys license. license and on the facilitys internet website. The department may not waive or flex this requirement and may not permit health facilities to maintain program flexibility approvals only in a binder or other location separate from the location stated in this subdivision.(e) Notwithstanding any other law or regulation, the department shall provide flexibility in its pharmaceutical services requirements to permit any state department that operates state facilities subject to these provisions to establish a single statewide formulary or to procure pharmaceuticals through a departmentwide or multidepartment bulk purchasing arrangement. It is the intent of the Legislature that consolidation of these activities be permitted in order to allow the more cost-effective use and procurement of pharmaceuticals for the benefit of patients and residents of state facilities.
1276. (a) The building standards published in the California Building Standards Code by the Office of Statewide Health Planning and Development, and the regulations adopted by the department shall, as applicable, prescribe standards of adequacy, safety, and sanitation of the physical plant, of staffing with duly qualified licensed personnel, and of services, based on the type of health facility and the needs of the persons served thereby.(b) These regulations shall permit program flexibility by the use of alternate concepts, methods, procedures, techniques, equipment, personnel qualifications, bulk purchasing of pharmaceuticals, or conducting of pilot projects as long as statutory requirements are met and the use has the prior written approval of the department or the office, as applicable. The approval of the department or the office shall provide for the terms and conditions under which the exception is granted. A written request plus supporting evidence shall be submitted by the applicant or licensee to the department or office regarding the exception, as applicable.(c) While it is the intent of the Legislature that health facilities shall maintain continuous, ongoing compliance with the licensing rules and regulations, it is the further intent of the Legislature that the department expeditiously review and approve, if appropriate, applications for program flexibility. The Legislature recognizes that health care technology, practice, pharmaceutical procurement systems, and personnel qualifications and availability are changing rapidly. Therefore, requests for program flexibility require expeditious consideration.(d) (1) The department shall, on or before April 1, 1989, develop a standardized form and format for requests by health facilities for program flexibility. Health facilities shall thereafter apply to the department for program flexibility in the prescribed manner. After the department receives a complete application requesting program flexibility, it shall have 60 days within which to approve, approve with conditions or modifications, or deny the application. Denials and approvals with conditions or modifications shall be accompanied by an analysis and a detailed justification for any conditions or modifications imposed. Summary denials to meet the 60-day timeframe shall not be permitted.(2) A health facility shall post any approval by the department granted under this section, or a true copy thereof, immediately adjacent to the health facilitys license. license and on the facilitys internet website. The department may not waive or flex this requirement and may not permit health facilities to maintain program flexibility approvals only in a binder or other location separate from the location stated in this subdivision.(e) Notwithstanding any other law or regulation, the department shall provide flexibility in its pharmaceutical services requirements to permit any state department that operates state facilities subject to these provisions to establish a single statewide formulary or to procure pharmaceuticals through a departmentwide or multidepartment bulk purchasing arrangement. It is the intent of the Legislature that consolidation of these activities be permitted in order to allow the more cost-effective use and procurement of pharmaceuticals for the benefit of patients and residents of state facilities.
1276. (a) The building standards published in the California Building Standards Code by the Office of Statewide Health Planning and Development, and the regulations adopted by the department shall, as applicable, prescribe standards of adequacy, safety, and sanitation of the physical plant, of staffing with duly qualified licensed personnel, and of services, based on the type of health facility and the needs of the persons served thereby.
(b) These regulations shall permit program flexibility by the use of alternate concepts, methods, procedures, techniques, equipment, personnel qualifications, bulk purchasing of pharmaceuticals, or conducting of pilot projects as long as statutory requirements are met and the use has the prior written approval of the department or the office, as applicable. The approval of the department or the office shall provide for the terms and conditions under which the exception is granted. A written request plus supporting evidence shall be submitted by the applicant or licensee to the department or office regarding the exception, as applicable.
(c) While it is the intent of the Legislature that health facilities shall maintain continuous, ongoing compliance with the licensing rules and regulations, it is the further intent of the Legislature that the department expeditiously review and approve, if appropriate, applications for program flexibility. The Legislature recognizes that health care technology, practice, pharmaceutical procurement systems, and personnel qualifications and availability are changing rapidly. Therefore, requests for program flexibility require expeditious consideration.
(d) (1) The department shall, on or before April 1, 1989, develop a standardized form and format for requests by health facilities for program flexibility. Health facilities shall thereafter apply to the department for program flexibility in the prescribed manner. After the department receives a complete application requesting program flexibility, it shall have 60 days within which to approve, approve with conditions or modifications, or deny the application. Denials and approvals with conditions or modifications shall be accompanied by an analysis and a detailed justification for any conditions or modifications imposed. Summary denials to meet the 60-day timeframe shall not be permitted.
(2) A health facility shall post any approval by the department granted under this section, or a true copy thereof, immediately adjacent to the health facilitys license. license and on the facilitys internet website. The department may not waive or flex this requirement and may not permit health facilities to maintain program flexibility approvals only in a binder or other location separate from the location stated in this subdivision.
(e) Notwithstanding any other law or regulation, the department shall provide flexibility in its pharmaceutical services requirements to permit any state department that operates state facilities subject to these provisions to establish a single statewide formulary or to procure pharmaceuticals through a departmentwide or multidepartment bulk purchasing arrangement. It is the intent of the Legislature that consolidation of these activities be permitted in order to allow the more cost-effective use and procurement of pharmaceuticals for the benefit of patients and residents of state facilities.
SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
### SEC. 4.