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AB-1394 Health facilities: spousal or partner abuse screening.(2021-2022)

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Date Published: 02/19/2021 09:00 PM
AB1394:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1394


Introduced by Assembly Member Irwin

February 19, 2021


An act to amend Sections 1233.5 and 1259.5 of the Health and Safety Code, relating to health facilities.


LEGISLATIVE COUNSEL'S DIGEST


AB 1394, as introduced, Irwin. Health facilities: spousal or partner abuse screening.
Existing law requires the board of directors and the medical director of a licensed clinic, and certain types of hospitals, to have written policies and procedures to screen patients for the purpose of detecting spousal or partner abuse.
This bill would make technical, nonsubstantive changes to those provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 1233.5 of the Health and Safety Code is amended to read:

1233.5.
 (a) By June 30, 1995, a licensed clinic the board of directors and its the medical director of a licensed clinic shall establish and adopt written policies and procedures to screen patients for purposes the purpose of detecting spousal or partner abuse. The policies shall include procedures to accomplish all of the following:

(a)

(1) Identifying, as part of its the clinic’s medical screening, spousal or partner abuse among patients.

(b)

(2) Documenting in the a patient’s medical record patient injuries or illnesses attributable to spousal or partner abuse.

(c)

(3) Providing to patients who exhibit signs of spousal or partner abuse a current referral list of private and public community agencies that provide, or arrange for, the evaluation, counseling, and care of persons experiencing spousal or partner abuse, including, but not limited to, hot lines, hotlines, local battered women’s shelters, legal services, and information about temporary restraining orders.

(d)

(4) Designating licensed clinical staff to be responsible for the implementation of these guidelines.

It

(b) It is the intent of the Legislature that clinics, for purposes of satisfying the requirements of this section, adopt guidelines similar to those developed by the American Medical Association regarding domestic violence detection and referral. The Legislature recognizes that while guidelines evolve and change, the American Medical Association’s guidelines may serve, at this time, as a model for clinics to follow.

SEC. 2.

 Section 1259.5 of the Health and Safety Code is amended to read:

1259.5.
 By January 1, 1995, each general acute care hospital, acute psychiatric hospital, special hospital, psychiatric health facility, and chemical dependency recovery hospital shall establish written policies and procedures to routinely screen patients routinely for the purpose of detecting spousal or partner abuse. The policies shall include guidelines on all of the following:
(a)  Identifying, through routine screening, spousal or partner abuse among patients.
(b)  Documenting patient injuries or illnesses attributable to spousal or partner abuse.
(c)  Educating appropriate hospital staff about the criteria for identifying, and the procedures for handling, patients whose injuries or illnesses are attributable to spousal or partner abuse.
(d)  Advising patients exhibiting who exhibit signs of spousal or partner abuse of crisis intervention services that are available either through the hospital facility or through community-based crisis intervention and counseling services.
(e)  Providing to patients who exhibit signs of spousal or partner abuse information on domestic violence and a referral list, to be updated periodically, of private and public community agencies that provide, or arrange for, evaluation of and care for persons experiencing spousal or partner abuse, including, but not limited to, hot lines, hotlines, local battered women’s shelters, legal services, and information about temporary restraining orders.