BILL NUMBER: AB 2053 CHAPTERED
BILL TEXT
CHAPTER 639
FILED WITH SECRETARY OF STATE SEPTEMBER 26, 2016
APPROVED BY GOVERNOR SEPTEMBER 26, 2016
PASSED THE SENATE AUGUST 23, 2016
PASSED THE ASSEMBLY AUGUST 30, 2016
AMENDED IN SENATE AUGUST 18, 2016
AMENDED IN ASSEMBLY MARCH 31, 2016
INTRODUCED BY Assembly Members Gonzalez and Gray
(Coauthor: Assembly Member Wood)
FEBRUARY 17, 2016
An act to amend Section 1212 of the Health and Safety Code,
relating to clinics.
LEGISLATIVE COUNSEL'S DIGEST
AB 2053, Gonzalez. Primary care clinics.
Under existing law, the State Department of Public Health licenses
and regulates primary care clinics, as defined. A violation of those
provisions is a crime under existing law. Existing law authorizes a
clinic corporation, on behalf of a primary care clinic that has held
a valid, unrevoked, and unsuspended license for at least the
immediately preceding 5 years, with no demonstrated history of
repeated or uncorrected violations of specified provisions that pose
immediate jeopardy to a patient, and that has no pending action to
suspend or revoke its license, to file an affiliate clinic
application to establish a primary care clinic at an additional site.
Existing law provides that no application for licensure is required
if a licensed primary care clinic adds a service that is not a
special service, as defined, or remodels or modifies an existing
primary care clinic site, but requires the clinic to notify the
department of these events, as specified.
This bill would, among other things, expand that exception from
licensure, and that notice requirement, to include a licensed primary
care clinic or affiliate clinic that adds an additional physical
plant maintained and operated on separate premises. The bill would
require the department, upon written notification by a primary care
clinic or affiliate clinic of its intent to add an additional
physical plant maintained and operated on separate premises and upon
payment of a licensing fee for each additional physical plant added,
to review the information provided in the notification, and if the
information submitted is in compliance with specified requirements,
require the department to approve the additional physical plant
within 30 days of all information being submitted, and to amend the
primary care clinic or affiliate clinic's license to include the
additional physical plant as part of a single consolidated license.
Because the bill would create a new crime, the 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1212 of the Health and Safety Code is amended
to read:
1212. (a) Any person, firm, association, partnership, or
corporation desiring a license for a clinic or a special permit for
special services under the provisions of this chapter, shall file
with the department a verified application on forms prescribed and
furnished by the department, containing the following:
(1) Evidence satisfactory to the department that the applicant is
of reputable and responsible character. If the applicant is a firm,
association, partnership, trust, corporation, or other artificial or
legal entity, like evidence shall be submitted as to the members,
partners, trustees or shareholders, directors, and officers thereof
and as to the person who is to be the administrator of, and exercise
control, management, and direction of the clinic for which
application is made.
(2) If the applicant is a partnership, the name and principal
business address of each partner, and, if any partner is a
corporation, the name and principal business address of each officer
and director of the corporation and name and business address of each
stockholder owning 10 percent or more of the stock thereof.
(3) If the applicant is a corporation, the name and principal
business address of each officer and director of the corporation, and
if the applicant is a stock corporation, the name and principal
business address of each stockholder holding 10 percent or more of
the applicant's stock and, if any stockholder is a corporation, the
name and principal business address of each officer and director of
the corporate stockholder.
(4) Evidence satisfactory to the department of the ability of the
applicant to comply with the provisions of this chapter and rules and
regulations promulgated under this chapter by the department.
(5) The name and address of the clinic, and if the applicant is a
professional corporation, firm, partnership, or other form of
organization, evidence that the applicant has complied with the
requirements of the Business and Professions Code governing the use
of fictitious names by practitioners of the healing arts.
(6) The name and address of the professional licentiate
responsible for the professional activities of the clinic and the
licentiate's license number and professional experience.
(7) The class of clinic to be operated, the character and scope of
advice and treatment to be provided, and a complete description of
the building, its location, facilities, equipment, apparatus, and
appliances to be furnished and used in the operation of the clinic.
(8) Sufficient operational data to allow the department to
determine the class of clinic that the applicant proposes to operate
and the initial license fee to be charged.
(9) Any other information as may be required by the department for
the proper administration and enforcement of this chapter,
including, but not limited to, evidence that the clinic has a written
policy relating to the dissemination of the following information to
patients:
(A) A summary of current state laws requiring child passenger
restraint systems to be used when transporting children in motor
vehicles.
(B) A listing of child passenger restraint system programs located
within the county, as required by Section 27360 or 27362 of the
Vehicle Code.
(C) Information describing the risks of death or serious injury
associated with the failure to utilize a child passenger restraint
system.
(b) (1) No application is required if a licensed primary care
clinic adds a service that is not a special service, as defined in
Section 1203, or any regulation adopted under that section, or
remodels or modifies, or adds an additional physical plant maintained
and operated on separate premises to, an existing primary care
clinic site. However, the clinic shall notify the department, in
writing, of the change in service or physical plant no less than 60
days prior to adding the service or remodeling or modifying, or
adding an additional physical plant maintained and operated on a
separate premises to, an existing primary care clinic site. Nothing
in this subdivision shall be construed to limit the authority of the
department to conduct an inspection at any time pursuant to Section
1227, in order to ensure compliance with, or to prevent a violation
of, this chapter, or any regulation adopted under this chapter.
(2) If applicable city, county, or state law obligates the primary
care clinic to obtain a building permit with respect to the
remodeling or modification to be performed by the clinic, or the
construction of a new physical plant, the primary care clinic shall
provide a signed certification or statement as described in Section
1226.3 to the department within 60 days following completion of the
remodeling, modification, or construction project covered by the
building permit.
(c) In the course of fulfilling its obligations under Section
1221.09, the department shall ensure that any application form
utilized by a primary care clinic, requiring information of the type
specified in paragraph (1), (4), (8), or (9) of subdivision (a), is
consistent with the requirements of Section 1225, including the
requirement that rules and regulations for primary care clinics be
separate and distinct from the rules and regulations for specialty
clinics. Nothing in this section shall be construed to require the
department to issue a separate application form for primary care
clinics.
(d) (1) The department, upon written notification by a primary
care clinic or an affiliate clinic of its intent to add an additional
physical plant maintained and operated on separate premises, as
described in paragraph (1) of subdivision (b) and upon payment of a
licensing fee for each additional physical plant added, shall review
the information provided in the notification, and if the information
submitted is in compliance with the requirements specified in this
subdivision, the department shall approve the additional physical
plant within 30 days of all information being submitted and shall
amend the primary care clinic or affiliate clinic's license to
include the additional physical plant as part of a single
consolidated license. If the notification does not include the
information required by this subdivision, the department shall notify
the licensee of the need for additional information and shall not
amend the license to add the additional physical plant until the
additional information is received and reviewed by the department.
(2) Written notification shall include evidence that the primary
care clinic or affiliate clinic is licensed in good standing and
otherwise meets the criteria specified in this subdivision. In
issuing the single consolidated license, the department shall specify
the location of each physical plant.
(3) The written notification shall demonstrate compliance with all
of the following criteria:
(A) There is a single governing body for all the facilities
maintained and operated by the licensee.
(B) There is a single administration for all the facilities
maintained and operated by the licensee.
(C) There is a single medical director for all the facilities
maintained and operated by the licensee, with a single set of bylaws,
rules, and regulations.
(D) The additional physical plant meets minimum construction
standards of adequacy and safety for clinics found in the most recent
version of the California Building Standards Code and prescribed by
the Office of Statewide Health Planning and Development, as required
in subdivision (b) of Section 1226. Compliance with the minimum
construction standards of adequacy and safety may be established as
specified in Section 1226.3.
(E) The additional physical plant meets fire clearance standards.
(4) The written notification required to be submitted pursuant to
this subdivision shall include all of the following documentation:
(A) The name and address of the licensee's corporation
administrative office, including the name and contact information for
the corporation's chief executive officer or executive director.
(B) The name and address of, and the hours of operation and
services provided by, the additional physical plant.
(C) A copy of any document confirming the corporation's authority
to control the additional physical plant. Examples of acceptable
documentation include, but shall not be limited to, a lease or
purchase agreement, grant deed, bill of sale, sublease, rental
agreement, or memorandum of understanding between the owner of the
property and the proposed licensee.
(5) A primary care clinic or an affiliate clinic may add
additional physical plants pursuant to this section that are no more
than one-half mile from the licensed clinic adding the additional
physical plant under a consolidated license.
(6) Upon renewal of a consolidated license approved pursuant to
this subdivision, a licensee fee shall be required for each
additional physical plant approved on the license.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B 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 XIII B of the California
Constitution.