Amended IN Assembly March 30, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1063Introduced by Assembly Member GabrielFebruary 15, 2023 An act to amend Section 131005 of add Section 1276.45 to the Health and Safety Code, relating to public health. LEGISLATIVE COUNSEL'S DIGESTAB 1063, as amended, Gabriel. Public health. Nurse-to-patient staffing ratios: annual report.Existing law requires the State Department of Public Health to adopt regulations establishing minimum, specific, and numerical licensed nurse-to-patient ratios by licensed nurse classification and by hospital unit for all specified health facilities. Existing law requires that the ratios establish the minimum number of registered and licensed nurses to be allocated, and requires additional staff to be assigned in accordance with documented patient classification systems.This bill would require the department to conduct an annual review of its enforcement of the regulations and submit a report to the Legislature on an annual basis. The bill would require the review and report to include data regarding the number of reports received by the department of alleged violations of the applicable regulations, investigative steps taken in response to the reports, and the outcome of investigations, as well as allegations that were found to be unsubstantiated.Existing law establishes the State Department of Public Health within the California Health and Human Services Agency, and requires the appointment of a State Public Health Officer to serve as the director of the State Department of Public Health.This bill would make technical, nonsubstantive changes to that provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1276.45 is added to the Health and Safety Code, to read:1276.45. (a) (1) The State Department of Public Health shall conduct an annual review of its enforcement of the regulations promulgated pursuant to Section 1276.4 of the Health and Safety Code, and shall submit a report to the Legislature on its findings. This report shall also be made available on the departments website.(2) This review and report shall include data regarding the number of reports received by the department alleging violations of Section 70217 of Title 22 of the California Code of Regulations or other regulations, the investigative steps taken by the department in response to those reports, and the outcome of any investigations. The report shall also include a complete listing of the allegations that were found to be unsubstantiated, and the basis for those findings.(b) The report shall be submitted to the Legislature no later than January 1 of each year, commencing January 1, 2025. No less than 30 days prior to the submission of the report, the department shall hold a public hearing to receive input from direct care nurses regarding the efficacy of the departments enforcement of the regulations, as well as suggestions for improving the departments ability to enforce the regulations. That input shall be summarized and included in the annual report, along with a plan to implement the various suggestions for improvement received, or an explanation as to why those suggestions are being rejected.(c) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.SECTION 1.Section 131005 of the Health and Safety Code is amended to read:131005.(a)There is in state government an executive officer known as the State Public Health Officer, who shall be appointed by the Governor, subject to confirmation by the Senate, and shall hold office at the pleasure of the Governor. The State Public Health Officer shall receive the annual salary provided in Article 1 (commencing with Section 11550) of Chapter 6 of Part 1 of Division 3 of Title 2 of the Government Code.(b)The State Public Health Officer shall serve as the director of, and have control over, the State Department of Public Health.(c)Any statutory reference to director, the Director of Health Services, the Director of Public Health, or the Director of the State Department of Public Health, regarding a function transferred to the State Department of Public Health pursuant to Chapter 2 (commencing with Section 131050), is deemed to, instead, refer to the State Public Health Officer.(d)Any statutory reference to department or state department regarding a function transferred to the State Department of Public Health pursuant to Chapter 2 (commencing with Section 131050) shall refer to the State Department of Public Health.(e)The director shall be a licensed physician and surgeon pursuant to Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code, and have demonstrated medical, public health, and management experience.
Amended IN Assembly March 30, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1063Introduced by Assembly Member GabrielFebruary 15, 2023 An act to amend Section 131005 of add Section 1276.45 to the Health and Safety Code, relating to public health. LEGISLATIVE COUNSEL'S DIGESTAB 1063, as amended, Gabriel. Public health. Nurse-to-patient staffing ratios: annual report.Existing law requires the State Department of Public Health to adopt regulations establishing minimum, specific, and numerical licensed nurse-to-patient ratios by licensed nurse classification and by hospital unit for all specified health facilities. Existing law requires that the ratios establish the minimum number of registered and licensed nurses to be allocated, and requires additional staff to be assigned in accordance with documented patient classification systems.This bill would require the department to conduct an annual review of its enforcement of the regulations and submit a report to the Legislature on an annual basis. The bill would require the review and report to include data regarding the number of reports received by the department of alleged violations of the applicable regulations, investigative steps taken in response to the reports, and the outcome of investigations, as well as allegations that were found to be unsubstantiated.Existing law establishes the State Department of Public Health within the California Health and Human Services Agency, and requires the appointment of a State Public Health Officer to serve as the director of the State Department of Public Health.This bill would make technical, nonsubstantive changes to that provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO
Amended IN Assembly March 30, 2023
Amended IN Assembly March 30, 2023
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 1063
Introduced by Assembly Member GabrielFebruary 15, 2023
Introduced by Assembly Member Gabriel
February 15, 2023
An act to amend Section 131005 of add Section 1276.45 to the Health and Safety Code, relating to public health.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1063, as amended, Gabriel. Public health. Nurse-to-patient staffing ratios: annual report.
Existing law requires the State Department of Public Health to adopt regulations establishing minimum, specific, and numerical licensed nurse-to-patient ratios by licensed nurse classification and by hospital unit for all specified health facilities. Existing law requires that the ratios establish the minimum number of registered and licensed nurses to be allocated, and requires additional staff to be assigned in accordance with documented patient classification systems.This bill would require the department to conduct an annual review of its enforcement of the regulations and submit a report to the Legislature on an annual basis. The bill would require the review and report to include data regarding the number of reports received by the department of alleged violations of the applicable regulations, investigative steps taken in response to the reports, and the outcome of investigations, as well as allegations that were found to be unsubstantiated.Existing law establishes the State Department of Public Health within the California Health and Human Services Agency, and requires the appointment of a State Public Health Officer to serve as the director of the State Department of Public Health.This bill would make technical, nonsubstantive changes to that provision.
Existing law requires the State Department of Public Health to adopt regulations establishing minimum, specific, and numerical licensed nurse-to-patient ratios by licensed nurse classification and by hospital unit for all specified health facilities. Existing law requires that the ratios establish the minimum number of registered and licensed nurses to be allocated, and requires additional staff to be assigned in accordance with documented patient classification systems.
This bill would require the department to conduct an annual review of its enforcement of the regulations and submit a report to the Legislature on an annual basis. The bill would require the review and report to include data regarding the number of reports received by the department of alleged violations of the applicable regulations, investigative steps taken in response to the reports, and the outcome of investigations, as well as allegations that were found to be unsubstantiated.
Existing law establishes the State Department of Public Health within the California Health and Human Services Agency, and requires the appointment of a State Public Health Officer to serve as the director of the State Department of Public Health.
This bill would make technical, nonsubstantive changes to that provision.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 1276.45 is added to the Health and Safety Code, to read:1276.45. (a) (1) The State Department of Public Health shall conduct an annual review of its enforcement of the regulations promulgated pursuant to Section 1276.4 of the Health and Safety Code, and shall submit a report to the Legislature on its findings. This report shall also be made available on the departments website.(2) This review and report shall include data regarding the number of reports received by the department alleging violations of Section 70217 of Title 22 of the California Code of Regulations or other regulations, the investigative steps taken by the department in response to those reports, and the outcome of any investigations. The report shall also include a complete listing of the allegations that were found to be unsubstantiated, and the basis for those findings.(b) The report shall be submitted to the Legislature no later than January 1 of each year, commencing January 1, 2025. No less than 30 days prior to the submission of the report, the department shall hold a public hearing to receive input from direct care nurses regarding the efficacy of the departments enforcement of the regulations, as well as suggestions for improving the departments ability to enforce the regulations. That input shall be summarized and included in the annual report, along with a plan to implement the various suggestions for improvement received, or an explanation as to why those suggestions are being rejected.(c) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.SECTION 1.Section 131005 of the Health and Safety Code is amended to read:131005.(a)There is in state government an executive officer known as the State Public Health Officer, who shall be appointed by the Governor, subject to confirmation by the Senate, and shall hold office at the pleasure of the Governor. The State Public Health Officer shall receive the annual salary provided in Article 1 (commencing with Section 11550) of Chapter 6 of Part 1 of Division 3 of Title 2 of the Government Code.(b)The State Public Health Officer shall serve as the director of, and have control over, the State Department of Public Health.(c)Any statutory reference to director, the Director of Health Services, the Director of Public Health, or the Director of the State Department of Public Health, regarding a function transferred to the State Department of Public Health pursuant to Chapter 2 (commencing with Section 131050), is deemed to, instead, refer to the State Public Health Officer.(d)Any statutory reference to department or state department regarding a function transferred to the State Department of Public Health pursuant to Chapter 2 (commencing with Section 131050) shall refer to the State Department of Public Health.(e)The director shall be a licensed physician and surgeon pursuant to Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code, and have demonstrated medical, public health, and management experience.
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 1276.45 is added to the Health and Safety Code, to read:1276.45. (a) (1) The State Department of Public Health shall conduct an annual review of its enforcement of the regulations promulgated pursuant to Section 1276.4 of the Health and Safety Code, and shall submit a report to the Legislature on its findings. This report shall also be made available on the departments website.(2) This review and report shall include data regarding the number of reports received by the department alleging violations of Section 70217 of Title 22 of the California Code of Regulations or other regulations, the investigative steps taken by the department in response to those reports, and the outcome of any investigations. The report shall also include a complete listing of the allegations that were found to be unsubstantiated, and the basis for those findings.(b) The report shall be submitted to the Legislature no later than January 1 of each year, commencing January 1, 2025. No less than 30 days prior to the submission of the report, the department shall hold a public hearing to receive input from direct care nurses regarding the efficacy of the departments enforcement of the regulations, as well as suggestions for improving the departments ability to enforce the regulations. That input shall be summarized and included in the annual report, along with a plan to implement the various suggestions for improvement received, or an explanation as to why those suggestions are being rejected.(c) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
SECTION 1. Section 1276.45 is added to the Health and Safety Code, to read:
### SECTION 1.
1276.45. (a) (1) The State Department of Public Health shall conduct an annual review of its enforcement of the regulations promulgated pursuant to Section 1276.4 of the Health and Safety Code, and shall submit a report to the Legislature on its findings. This report shall also be made available on the departments website.(2) This review and report shall include data regarding the number of reports received by the department alleging violations of Section 70217 of Title 22 of the California Code of Regulations or other regulations, the investigative steps taken by the department in response to those reports, and the outcome of any investigations. The report shall also include a complete listing of the allegations that were found to be unsubstantiated, and the basis for those findings.(b) The report shall be submitted to the Legislature no later than January 1 of each year, commencing January 1, 2025. No less than 30 days prior to the submission of the report, the department shall hold a public hearing to receive input from direct care nurses regarding the efficacy of the departments enforcement of the regulations, as well as suggestions for improving the departments ability to enforce the regulations. That input shall be summarized and included in the annual report, along with a plan to implement the various suggestions for improvement received, or an explanation as to why those suggestions are being rejected.(c) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
1276.45. (a) (1) The State Department of Public Health shall conduct an annual review of its enforcement of the regulations promulgated pursuant to Section 1276.4 of the Health and Safety Code, and shall submit a report to the Legislature on its findings. This report shall also be made available on the departments website.(2) This review and report shall include data regarding the number of reports received by the department alleging violations of Section 70217 of Title 22 of the California Code of Regulations or other regulations, the investigative steps taken by the department in response to those reports, and the outcome of any investigations. The report shall also include a complete listing of the allegations that were found to be unsubstantiated, and the basis for those findings.(b) The report shall be submitted to the Legislature no later than January 1 of each year, commencing January 1, 2025. No less than 30 days prior to the submission of the report, the department shall hold a public hearing to receive input from direct care nurses regarding the efficacy of the departments enforcement of the regulations, as well as suggestions for improving the departments ability to enforce the regulations. That input shall be summarized and included in the annual report, along with a plan to implement the various suggestions for improvement received, or an explanation as to why those suggestions are being rejected.(c) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
1276.45. (a) (1) The State Department of Public Health shall conduct an annual review of its enforcement of the regulations promulgated pursuant to Section 1276.4 of the Health and Safety Code, and shall submit a report to the Legislature on its findings. This report shall also be made available on the departments website.(2) This review and report shall include data regarding the number of reports received by the department alleging violations of Section 70217 of Title 22 of the California Code of Regulations or other regulations, the investigative steps taken by the department in response to those reports, and the outcome of any investigations. The report shall also include a complete listing of the allegations that were found to be unsubstantiated, and the basis for those findings.(b) The report shall be submitted to the Legislature no later than January 1 of each year, commencing January 1, 2025. No less than 30 days prior to the submission of the report, the department shall hold a public hearing to receive input from direct care nurses regarding the efficacy of the departments enforcement of the regulations, as well as suggestions for improving the departments ability to enforce the regulations. That input shall be summarized and included in the annual report, along with a plan to implement the various suggestions for improvement received, or an explanation as to why those suggestions are being rejected.(c) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
1276.45. (a) (1) The State Department of Public Health shall conduct an annual review of its enforcement of the regulations promulgated pursuant to Section 1276.4 of the Health and Safety Code, and shall submit a report to the Legislature on its findings. This report shall also be made available on the departments website.
(2) This review and report shall include data regarding the number of reports received by the department alleging violations of Section 70217 of Title 22 of the California Code of Regulations or other regulations, the investigative steps taken by the department in response to those reports, and the outcome of any investigations. The report shall also include a complete listing of the allegations that were found to be unsubstantiated, and the basis for those findings.
(b) The report shall be submitted to the Legislature no later than January 1 of each year, commencing January 1, 2025. No less than 30 days prior to the submission of the report, the department shall hold a public hearing to receive input from direct care nurses regarding the efficacy of the departments enforcement of the regulations, as well as suggestions for improving the departments ability to enforce the regulations. That input shall be summarized and included in the annual report, along with a plan to implement the various suggestions for improvement received, or an explanation as to why those suggestions are being rejected.
(c) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
(a)There is in state government an executive officer known as the State Public Health Officer, who shall be appointed by the Governor, subject to confirmation by the Senate, and shall hold office at the pleasure of the Governor. The State Public Health Officer shall receive the annual salary provided in Article 1 (commencing with Section 11550) of Chapter 6 of Part 1 of Division 3 of Title 2 of the Government Code.
(b)The State Public Health Officer shall serve as the director of, and have control over, the State Department of Public Health.
(c)Any statutory reference to director, the Director of Health Services, the Director of Public Health, or the Director of the State Department of Public Health, regarding a function transferred to the State Department of Public Health pursuant to Chapter 2 (commencing with Section 131050), is deemed to, instead, refer to the State Public Health Officer.
(d)Any statutory reference to department or state department regarding a function transferred to the State Department of Public Health pursuant to Chapter 2 (commencing with Section 131050) shall refer to the State Department of Public Health.
(e)The director shall be a licensed physician and surgeon pursuant to Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code, and have demonstrated medical, public health, and management experience.