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AB-2679 Health facilities: regulations: linen laundry.(2017-2018)

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Date Published: 03/23/2018 09:00 PM
AB2679:v98#DOCUMENT

Amended  IN  Assembly  March 23, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2679


Introduced by Assembly Member O’Donnell

February 15, 2018


An act to amend Section 1276 of add Section 1275.8 to the Health and Safety Code, relating to health facilities.


LEGISLATIVE COUNSEL'S DIGEST


AB 2679, as amended, O’Donnell. Health facilities: building standards. regulations: linen laundry.
Existing law provides for the licensure and regulation of health facilities by the State Department of Public Health. Existing law requires the building standards published in the California Building Standards Code by the Office of Statewide Health Planning and Development, and the regulations adopted by the department, as applicable, to prescribe standards of adequacy, safety, and sanitation of the physical plant, of staffing with duly qualified licensed personnel, and of services, based on the type of health facility and the needs of the persons served thereby. department to adopt, amend, and repeal reasonable rules and regulations as may be necessary or proper to carry out the purposes and intent of those provisions and to enable the department to exercise the powers and perform the duties conferred upon it by those provisions.
This bill would make technical, nonsubstantive changes to that provision. require the department, on or before January 1, 2020, to amend specified regulations relating to linen laundry to reflect modern advancements in linen laundry processes.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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


SECTION 1.

 Section 1275.8 is added to the Health and Safety Code, to read:

1275.8.
 On or before January 1, 2020, the department shall amend Sections 70825(a)(4) and 71629(a)(4) of Title 22 of the California Code of Regulations to reflect modern advancements in linen laundry processes.

SECTION 1.Section 1276 of the Health and Safety Code is amended to read:
1276.

(a)The building standards published in the California Building Standards Code by the Office of Statewide Health Planning and Development, and the regulations adopted by the department shall, as applicable, prescribe standards of adequacy, safety, and sanitation of the physical plant, of staffing with duly qualified licensed personnel, and of services, based on the type of health facility and the needs of the persons served thereby.

(b)These regulations shall permit program flexibility by the use of alternate concepts, methods, procedures, techniques, equipment, personnel qualifications, bulk purchasing of pharmaceuticals, or conducting of pilot projects as long as statutory requirements are met and the use has the prior written approval of the department or the office, as applicable. The approval of the department or the office shall provide for the terms and conditions under which the exception is granted. A written request plus supporting evidence shall be submitted by the applicant or licensee to the department or office regarding the exception, as applicable.

(c)While it is the intent of the Legislature that health facilities shall maintain continuous, ongoing compliance with the licensing rules and regulations, it is the further intent of the Legislature that the department expeditiously review and approve, if appropriate, applications for program flexibility. The Legislature recognizes that health care technology, practice, pharmaceutical procurement systems, and personnel qualifications and availability are changing rapidly. Therefore, requests for program flexibility require expeditious consideration.

(d)The department shall, on or before April 1, 1989, develop a standardized form and format for requests by health facilities for program flexibility. Health facilities shall thereafter apply to the department for program flexibility in the prescribed manner. After the department receives a complete application requesting program flexibility, it shall have 60 days within which to approve, approve with conditions or modifications, or deny the application. Denials and approvals with conditions or modifications shall be accompanied by an analysis and a detailed justification for any conditions or modifications imposed. Summary denials to meet the 60-day timeframe shall not be permitted.

(e)Notwithstanding any other law or regulation, the department shall provide flexibility in its pharmaceutical services requirements to permit any state department that operates state facilities subject to these provisions to establish a single statewide formulary or to procure pharmaceuticals through a departmentwide or multidepartment bulk purchasing arrangement. It is the intent of the Legislature that consolidation of these activities be permitted in order to allow the more cost-effective use and procurement of pharmaceuticals for the benefit of patients and residents of state facilities.