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AB-1225 State Department of Public Health: regulations and program flexibility.(2017-2018)

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Date Published: 04/20/2017 09:00 PM
AB1225:v97#DOCUMENT

Amended  IN  Assembly  April 20, 2017
Amended  IN  Assembly  April 17, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1225


Introduced by Assembly Member Patterson

February 17, 2017


An act to add Sections 131226 and 131227 to the Health and Safety Code, relating to public health.


LEGISLATIVE COUNSEL'S DIGEST


AB 1225, as amended, Patterson. State Department of Public Health: regulations and program flexibility.
The Administrative Procedure Act governs the procedure for the adoption, amendment, or repeal of regulations by state agencies and for the review of those regulatory actions by the Office of Administrative Law.
Existing law establishes within state government the State Department of Public Health for purposes of administering certain duties and powers related to the public health, as specified. Existing law authorizes the department to adopt and enforce regulations for the execution of its duties, as specified.
This bill would require the State Department of Public Health to report to the Legislature annually on its efforts to update or modernize its regulations, as specified, including with regard to its use of program flex waivers. The bill would also require the department to focus on adopting amendments to regulations that tend to receive the highest number of program flex waivers, as specified. The bill would require a health facility that received program flexibility from the department to post a notice stating that it has been approved for program flexibility and where documents are available for inspection, as specified. The bill would prohibit a health facility from being required to post the documents requesting or granting program flexibility.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 131226 is added to the Health and Safety Code, to read:

131226.
 (a) The department shall report to the Legislature annually on its efforts to update or modernize its regulations under Division 5 of Title 22 of the California Code of Regulations to better reflect modern day best practices and technologies with regard to the department’s administration of that title and also its use of program flex waivers. The annual report shall be submitted to the Legislature in compliance with the requirements set forth in Section 9795 of the Government Code.
(b) The Once all outstanding regulatory packages have been completed, the department shall thereafter focus on, and prioritize, the adoption of amendments to regulations that tend to receive the highest number of program flex waivers, as reported pursuant to subdivision (a), for purposes of updating those regulations and avoiding overuse of the program flex waiver.

SEC. 2.

 Section 131227 is added to the Health and Safety Code, to read:

131227.
 A health facility, as defined in Section 1250, that has been granted program flexibility by the department shall post a notice immediately adjacent to the public posting of the health facility’s license stating that program flexibility has been approved and is available for inspection. The notice shall also state where the documents are available for inspection. The facility shall not be required to post the documents requesting or granting program flexibility.