Enrolled September 18, 2023 Passed IN Senate September 11, 2023 Passed IN Assembly September 13, 2023 Amended IN Senate September 01, 2023 Amended IN Senate July 13, 2023 Amended IN Assembly April 27, 2023 Amended IN Assembly March 30, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1063Introduced by Assembly Member GabrielFebruary 15, 2023An act to add Section 1276.45 to the Health and Safety Code, relating to public health. LEGISLATIVE COUNSEL'S DIGESTAB 1063, Gabriel. 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 a complete list of complaints specific to nurse ratio and staffing violations and whether they were found to be substantiated or unsubstantiated. The bill would require the department, at least every 2 years and in advance of submitting the first report, to hold a public hearing to receive input from direct care nurses and to invite input from other stakeholders. The bill would require the input from the hearing to be summarized and included in the following report. The bill would also require the report to include a plan to implement the suggestions from the hearing or an explanation of why the suggestions were rejected.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES 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, the investigative steps taken by the department in response to those reports, and the outcome of any investigations. The report shall include a complete listing of the complaints specific to nurse ratio and staffing violations, and whether they were found to be substantiated or unsubstantiated.(b) The report shall be submitted to the Legislature no later than January 1 of each year, commencing January 1, 2025.(c) At least once every two years, prior to submitting the report required pursuant to subdivision (a), and in advance of the first report due by January 1, 2025, 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. As part of the hearing, the department shall also invite input from other stakeholders. The input received during the hearing shall be summarized and included in the annual report following the hearing, as required by subdivision (a). The report shall also include a plan to implement the various suggestions for improvement received, or an explanation as to why those suggestions are being rejected.(d) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
Enrolled September 18, 2023 Passed IN Senate September 11, 2023 Passed IN Assembly September 13, 2023 Amended IN Senate September 01, 2023 Amended IN Senate July 13, 2023 Amended IN Assembly April 27, 2023 Amended IN Assembly March 30, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1063Introduced by Assembly Member GabrielFebruary 15, 2023An act to add Section 1276.45 to the Health and Safety Code, relating to public health. LEGISLATIVE COUNSEL'S DIGESTAB 1063, Gabriel. 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 a complete list of complaints specific to nurse ratio and staffing violations and whether they were found to be substantiated or unsubstantiated. The bill would require the department, at least every 2 years and in advance of submitting the first report, to hold a public hearing to receive input from direct care nurses and to invite input from other stakeholders. The bill would require the input from the hearing to be summarized and included in the following report. The bill would also require the report to include a plan to implement the suggestions from the hearing or an explanation of why the suggestions were rejected.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Enrolled September 18, 2023 Passed IN Senate September 11, 2023 Passed IN Assembly September 13, 2023 Amended IN Senate September 01, 2023 Amended IN Senate July 13, 2023 Amended IN Assembly April 27, 2023 Amended IN Assembly March 30, 2023
Enrolled September 18, 2023
Passed IN Senate September 11, 2023
Passed IN Assembly September 13, 2023
Amended IN Senate September 01, 2023
Amended IN Senate July 13, 2023
Amended IN Assembly April 27, 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 add Section 1276.45 to the Health and Safety Code, relating to public health.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1063, Gabriel. 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 a complete list of complaints specific to nurse ratio and staffing violations and whether they were found to be substantiated or unsubstantiated. The bill would require the department, at least every 2 years and in advance of submitting the first report, to hold a public hearing to receive input from direct care nurses and to invite input from other stakeholders. The bill would require the input from the hearing to be summarized and included in the following report. The bill would also require the report to include a plan to implement the suggestions from the hearing or an explanation of why the suggestions were rejected.
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 a complete list of complaints specific to nurse ratio and staffing violations and whether they were found to be substantiated or unsubstantiated. The bill would require the department, at least every 2 years and in advance of submitting the first report, to hold a public hearing to receive input from direct care nurses and to invite input from other stakeholders. The bill would require the input from the hearing to be summarized and included in the following report. The bill would also require the report to include a plan to implement the suggestions from the hearing or an explanation of why the suggestions were rejected.
## 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, the investigative steps taken by the department in response to those reports, and the outcome of any investigations. The report shall include a complete listing of the complaints specific to nurse ratio and staffing violations, and whether they were found to be substantiated or unsubstantiated.(b) The report shall be submitted to the Legislature no later than January 1 of each year, commencing January 1, 2025.(c) At least once every two years, prior to submitting the report required pursuant to subdivision (a), and in advance of the first report due by January 1, 2025, 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. As part of the hearing, the department shall also invite input from other stakeholders. The input received during the hearing shall be summarized and included in the annual report following the hearing, as required by subdivision (a). The report shall also include a plan to implement the various suggestions for improvement received, or an explanation as to why those suggestions are being rejected.(d) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
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, the investigative steps taken by the department in response to those reports, and the outcome of any investigations. The report shall include a complete listing of the complaints specific to nurse ratio and staffing violations, and whether they were found to be substantiated or unsubstantiated.(b) The report shall be submitted to the Legislature no later than January 1 of each year, commencing January 1, 2025.(c) At least once every two years, prior to submitting the report required pursuant to subdivision (a), and in advance of the first report due by January 1, 2025, 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. As part of the hearing, the department shall also invite input from other stakeholders. The input received during the hearing shall be summarized and included in the annual report following the hearing, as required by subdivision (a). The report shall also include a plan to implement the various suggestions for improvement received, or an explanation as to why those suggestions are being rejected.(d) 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, the investigative steps taken by the department in response to those reports, and the outcome of any investigations. The report shall include a complete listing of the complaints specific to nurse ratio and staffing violations, and whether they were found to be substantiated or unsubstantiated.(b) The report shall be submitted to the Legislature no later than January 1 of each year, commencing January 1, 2025.(c) At least once every two years, prior to submitting the report required pursuant to subdivision (a), and in advance of the first report due by January 1, 2025, 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. As part of the hearing, the department shall also invite input from other stakeholders. The input received during the hearing shall be summarized and included in the annual report following the hearing, as required by subdivision (a). The report shall also include a plan to implement the various suggestions for improvement received, or an explanation as to why those suggestions are being rejected.(d) 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, the investigative steps taken by the department in response to those reports, and the outcome of any investigations. The report shall include a complete listing of the complaints specific to nurse ratio and staffing violations, and whether they were found to be substantiated or unsubstantiated.(b) The report shall be submitted to the Legislature no later than January 1 of each year, commencing January 1, 2025.(c) At least once every two years, prior to submitting the report required pursuant to subdivision (a), and in advance of the first report due by January 1, 2025, 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. As part of the hearing, the department shall also invite input from other stakeholders. The input received during the hearing shall be summarized and included in the annual report following the hearing, as required by subdivision (a). The report shall also include a plan to implement the various suggestions for improvement received, or an explanation as to why those suggestions are being rejected.(d) 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, the investigative steps taken by the department in response to those reports, and the outcome of any investigations. The report shall include a complete listing of the complaints specific to nurse ratio and staffing violations, and whether they were found to be substantiated or unsubstantiated.(b) The report shall be submitted to the Legislature no later than January 1 of each year, commencing January 1, 2025.(c) At least once every two years, prior to submitting the report required pursuant to subdivision (a), and in advance of the first report due by January 1, 2025, 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. As part of the hearing, the department shall also invite input from other stakeholders. The input received during the hearing shall be summarized and included in the annual report following the hearing, as required by subdivision (a). The report shall also include a plan to implement the various suggestions for improvement received, or an explanation as to why those suggestions are being rejected.(d) 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, the investigative steps taken by the department in response to those reports, and the outcome of any investigations. The report shall include a complete listing of the complaints specific to nurse ratio and staffing violations, and whether they were found to be substantiated or unsubstantiated.
(b) The report shall be submitted to the Legislature no later than January 1 of each year, commencing January 1, 2025.
(c) At least once every two years, prior to submitting the report required pursuant to subdivision (a), and in advance of the first report due by January 1, 2025, 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. As part of the hearing, the department shall also invite input from other stakeholders. The input received during the hearing shall be summarized and included in the annual report following the hearing, as required by subdivision (a). The report shall also include a plan to implement the various suggestions for improvement received, or an explanation as to why those suggestions are being rejected.
(d) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.