BILL NUMBER: SB 651 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 6, 2013
AMENDED IN SENATE MAY 14, 2013
AMENDED IN SENATE APRIL 22, 2013
AMENDED IN SENATE APRIL 11, 2013
INTRODUCED BY Senators Pavley and Leno
(Coauthors: Senators Block, De León, DeSaulnier, Lieu, and Yee)
(Coauthors: Assembly Members Ammiano, Bloom, Blumenfield, Brown,
Chesbro, Fox, Frazier, Garcia, Quirk-Silva, Rendon, Ting, and
Williams)
FEBRUARY 22, 2013
An act to amend Sections 1280.4 and 1418 of, and to add
Section 1424.6 to , the Health and Safety Code, and to
amend Section 4427.5 of, and to add Sections 4313.5 and 4427.7 to,
the Welfare and Institutions Code, relating to health and human
services.
LEGISLATIVE COUNSEL'S DIGEST
SB 651, as amended, Pavley. Developmental centers and state
hospitals.
Existing law establishes the State Department of Developmental
Services and sets forth its powers and duties relating to the
administration of the state developmental centers. Existing law
establishes the State Department of State Hospitals and sets forth
its powers and duties relating to the administration of state
hospitals.
This bill would require designated investigators of developmental
centers and state hospitals to authorize
request a sexual assault forensic medical examination for any
resident of a developmental center or any resident of a state
hospital, as applicable, who is a victim or is reasonably
suspected to be a victim of sexual assault, as defined,
performed at an appropriate facility off the grounds of the
developmental center or state hospital in accordance with specified
provisions. The bill would authorize a sexual assault forensic
medical examination to be performed at a developmental center or a
state hospital by an independent sexual assault forensic examiner
designated to perform examinations of victims of sexual assault in
the jurisdiction of the developmental center or state hospital only
under specified circumstances.
Existing law requires a developmental center to immediately report
specified incidents involving a resident to the local law
enforcement agency having jurisdiction over the city or county in
which the developmental center is located. Existing law provides for
the licensure and regulation of health facilities, including
long-term health care facilities, as defined, by the State
Department of Public Health. Existing law provides for a citation
system for the imposition of civil penalties against long-term
health care facilities, including penalties specifically
applicable to certain skilled nursing facilities and intermediate
care facilities, in violation of applicable laws and regulations.
This bill would deem a developmental center's failure to report
an incident that occurs in a distinct part long-term health care
facility to local law enforcement a class B violation,
as specified, and subject to the penalties applicable to those
certain skilled nursing and intermediate care facilities
violation subject to certain penalties , as specified.
The bill would provide that if the incident occurs in the
general acute care hospital or acute psychiatric hospital portion of
the developmental center, a failure to immediately report the
incident would be subject to a civil penalty of $100 for each day the
incident is not reported. The bill would make other related changes.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1280.4 of the Health
and Safety Code is amended to read:
1280.4. (a) If a licensee of a health
facility licensed under subdivision (a), (b), or (f) of Section 1250
fails to report an adverse event pursuant to Section 1279.1, the
department may assess the licensee a civil penalty in an amount not
to exceed one hundred dollars ($100) for each day that the adverse
event is not reported following the initial five-day period or
24-hour period, as applicable, pursuant to subdivision (a) of Section
1279.1. If the
(b) If a licensee of a health facility licensed under subdivision
(a) or (b) of Section 1250 is required to, and fails to, immediately
report an incident under subdivision (a) of Section 4427.5 of the
Welfare and Institutions Code, the department may assess the licensee
a civil penalty in the amount not to exceed one hundred dollars
($100) for each day that the incident was not reported to law
enforcement.
(c) If a licensee disputes a
determination by the department regarding an alleged
failure to report an adverse event, as
described in this section, the licensee may, within 10 days,
request a hearing pursuant to Section 100171.
131071. Penalties shall be paid when appeals pursuant to those
provisions have been exhausted.
SEC. 2. Section 1418 of the Health and
Safety Code is amended to read:
1418. As used in this chapter:
(a) "Long-term health care facility" means any facility licensed
pursuant to Chapter 2 (commencing with Section 1250) that is any of
the following:
(1) Skilled nursing facility.
(2) Intermediate care facility.
(3) Intermediate care facility/developmentally disabled.
(4) Intermediate care facility/developmentally disabled
habilitative.
(5) Intermediate care facility/developmentally disabled-nursing.
(6) Congregate living health facility.
(7) Nursing facility.
(8) Intermediate care facility/developmentally disabled-continuous
nursing.
(b) "Long-term health care facility" also includes a pediatric day
health and respite care facility licensed pursuant to Chapter 8.6
(commencing with Section 1760).
(c) "Long-term health care facility" does not include a general
acute care hospital or an acute psychiatric hospital, except for that
distinct part of the hospital that provides skilled nursing
facility, intermediate care facility , intermediate care
facility/developmentally disabled , or pediatric day health and
respite care facility services.
(d) "Licensee" means the holder of a license issued under Chapter
2 (commencing with Section 1250) or Chapter 8.6 (commencing with
Section 1760) for a long-term health care facility.
SECTION 1. SEC. 3. Section 1424.6 is
added to the Health and Safety Code, to read:
1424.6. Failure by a developmental center to report incidents as
required under subdivision (a) of Section 4427.5 of the Welfare and
Institutions Code shall be deemed a class B violation if the
incident occurs in a distinct part long-term health care facility,
and shall be subject to the penalties specified in Section
1424.5 for distinct part skilled nursing facilities or distinct
part intermediate care facilities, or Section 1424 for other distinct
part long-term health care facilities .
SEC. 2. SEC. 4. Section 4313.5 is
added to the Welfare and Institutions Code, to read:
4313.5. (a) Designated investigators of state hospitals shall
authorize request a sexual assault
forensic medical examination for any resident of a state hospital who
is a victim or reasonably suspected to be a
victim of sexual assault, as defined in Section 15610.63, performed
at an appropriate facility off the grounds of a state hospital in
accordance with Sections 13823.5 to 13823.12, inclusive, of the Penal
Code, which includes, but is not limited to, the requirement that
the law enforcement agency having jurisdiction over the city or
county in which the state hospital is located be notified by the
person performing the sexual assault forensic medical examination
and that consent is obtained as required by
subdivision (a) subdivisions (a) and (c) of
Section 13823.11 of the Penal Code.
(b) The sexual assault forensic medical examination described in
subdivision (a) may be performed at a state hospital by an
independent sexual assault forensic examiner designated to perform
examinations of victims of sexual assault in the jurisdiction of the
state hospital only if it is deemed safer for the victim and the
state hospital's examination facilities are equipped with forensic
examination and evidence collection capability comparable to that of
the designated community examination facility, as determined by the
independent sexual assault forensic examiner.
SEC. 3. SEC. 5. Section 4427.5 of
the Welfare and Institutions Code is amended to read:
4427.5. (a) (1) A developmental center shall immediately report
the following incidents involving a resident to the local law
enforcement agency having jurisdiction over the city or county in
which the developmental center is located, regardless of whether the
Office of Protective Services has investigated the facts and
circumstances relating to the incident:
(A) A death.
(B) A sexual assault, as defined in Section 15610.63.
(C) An assault with a deadly weapon, as described in Section 245
of the Penal Code, by a nonresident of the developmental center.
(D) An assault with force likely to produce great bodily injury,
as described in Section 245 of the Penal Code.
(E) An injury to the genitals when the cause of the injury is
undetermined.
(F) A broken bone, when the cause of the break is undetermined.
(2) If the incident is reported to the law enforcement agency by
telephone, a written report of the incident shall also be submitted
to the agency, within two working days.
(3) The reporting requirements of this subdivision are in addition
to, and do not substitute for, the reporting requirements of
mandated reporters, and any other reporting and investigative duties
of the developmental center and the department as required by law.
(4) Nothing in this subdivision shall be interpreted to prevent
the developmental center from reporting any other criminal act
constituting a danger to the health or safety of the residents of the
developmental center to the local law enforcement agency.
(b) (1) The department shall report to the agency described in
subdivision (i) of Section 4900 any of the following incidents
involving a resident of a developmental center:
(A) Any unexpected or suspicious death, regardless of whether the
cause is immediately known.
(B) Any allegation of sexual assault, as defined in Section
15610.63, in which the alleged perpetrator is a developmental center
or department employee or contractor.
(C) Any report made to the local law enforcement agency in the
jurisdiction in which the facility is located that involves physical
abuse, as defined in Section 15610.63, in which a staff member is
implicated.
(2) A report pursuant to this subdivision shall be made no later
than the close of the first business day following the discovery of
the reportable incident.
(c) The department shall do both of the following:
(1) Annually provide written information to every developmental
center employee regarding all of the following:
(A) The statutory and departmental requirements for mandatory
reporting of suspected or known abuse.
(B) The rights and protections afforded to individuals' reporting
of suspected or known abuse.
(C) The penalties for failure to report suspected or known abuse.
(D) The telephone numbers for reporting suspected or known abuse
or neglect to designated investigators of the department and to local
law enforcement agencies.
(2) On or before August 1, 2001, in consultation with employee
organizations, advocates, consumers, and family members, develop a
poster that encourages staff, residents, and visitors to report
suspected or known abuse and provides information on how to make
these reports.
(d) A failure to report an incident under subdivision
(a) shall be deemed a class B violation as provided in Section 1424.6
of the Health and Safety Code. Code if the
incident occurs in a distinct part long-term health care facility. If
the incident occurs in the general acute care hospital or acute
psychiatric hospital portion of the developmental center, a failure
to report the incident under subdivision (a) shall be subject to a
civil penalty specified in Section 1280.4 of the Health and Safety
Code.
SEC. 4. SEC. 6. Section 4427.7 is
added to the Welfare and Institutions Code, to read:
4427.7. (a) Designated investigators of developmental centers
shall authorize request a sexual
assault forensic medical examination for any resident of a
developmental center who is a victim or reasonably
suspected to be a victim of sexual assault, as defined in
Section 15610.63, performed at an appropriate facility off the
grounds of the developmental center in accordance with Sections
13823.5 to 13823.12, inclusive, of the Penal Code, which includes,
but is not limited to, the requirement that the law enforcement
agency having jurisdiction over the city or county in which the
developmental center is located be notified by the person performing
the sexual assault forensic medical examination and that consent
is obtained as required by subdivision (a)
subdivisions (a) and (c) of Section 13823.11 of the Penal
Code.
(b) The sexual assault forensic medical examination described in
subdivision (a) may be performed at a developmental center by an
independent sexual assault forensic examiner designated to perform
examinations of victims of sexual assault in the jurisdiction of the
developmental center only if it is deemed safer for the victim and
the developmental center's examination facilities are equipped with
forensic examination and evidence collection capability comparable to
that of the designated community examination facility, as determined
by the independent sexual assault forensic examiner.