Enrolled  August 08, 2022
Passed  IN  Senate  May 09, 2022
Passed  IN  Assembly  August 04, 2022
Amended  IN  Senate  April 19, 2022
Amended  IN  Senate  March 28, 2022
Amended  IN  Senate  February 14, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 864

Introduced by Senators Melendez and Bates
(Coauthors: Senators Dahle, Grove, Jones, Nielsen, Ochoa Bogh, and Portantino)
(Coauthors: Assembly Members Chen, Choi, Gallagher, Flora, Mathis, Nguyen, Seyarto, and Wood)

January 20, 2022

An act to add and repeal Section 1259.3 of the Health and Safety Code, relating to health care facilities.


LEGISLATIVE COUNSEL'S DIGEST


SB 864, Melendez. General acute care hospitals: drug screening.
Existing law provides for the licensure and regulation of health facilities, including general acute care hospitals, by the State Department of Public Health. A violation of these provisions is a crime.
This bill would, until January 1, 2028, require a general acute care hospital to include a urine drug screening, as defined, for fentanyl if a person is treated at the hospital and the hospital conducts a urine drug screening to assist in diagnosing the patient’s condition.
By expanding the scope of a crime, 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 1259.3 is added to the Health and Safety Code, to read:

1259.3.
 (a) This section shall be known, and may be cited, as Tyler’s Law.
(b) If a person is treated at a general acute care hospital and the hospital conducts a urine drug screening to assist in diagnosing the patient’s condition, the hospital shall include testing for fentanyl in the urine drug screening.
(c) As used in this section, “urine drug screening” means a chemical analysis intended to test patients for the presence of multiple drugs, including cocaine, opioids, and phencyclidine.
(d) This section shall remain in effect only until January 1, 2028, and as of that date is repealed.

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.