SB864:v94#DOCUMENTBill Start
Senate Bill
No. 864
CHAPTER 169
An act to add and repeal Section 1259.3 of the Health and Safety Code, relating to health care facilities.
[
Approved by
Governor
August 22, 2022.
Filed with
Secretary of State
August 22, 2022.
]
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.
Digest Key
Vote:
MAJORITY
Appropriation:
NO
Fiscal Committee:
YES
Local Program:
YES
Bill Text
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(d) This section shall remain in effect only until January 1, 2028, and as of that date is repealed.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.