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AB-1063 Nurse-to-patient staffing ratios: annual report.(2023-2024)

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Date Published: 09/18/2023 09:00 PM
AB1063:v94#DOCUMENT

Enrolled  September 18, 2023
Passed  IN  Senate  September 11, 2023
Passed  IN  Assembly  September 13, 2023
Amended  IN  Senate  September 01, 2023
Amended  IN  Senate  July 13, 2023
Amended  IN  Assembly  April 27, 2023
Amended  IN  Assembly  March 30, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 1063


Introduced by Assembly Member Gabriel

February 15, 2023


An act to add Section 1276.45 to the Health and Safety Code, relating to public health.


LEGISLATIVE COUNSEL'S DIGEST


AB 1063, Gabriel. Nurse-to-patient staffing ratios: annual report.
Existing law requires the State Department of Public Health to adopt regulations establishing minimum, specific, and numerical licensed nurse-to-patient ratios by licensed nurse classification and by hospital unit for all specified health facilities. Existing law requires that the ratios establish the minimum number of registered and licensed nurses to be allocated, and requires additional staff to be assigned in accordance with documented patient classification systems.
This bill would require the department to conduct an annual review of its enforcement of the regulations and submit a report to the Legislature on an annual basis. The bill would require the review and report to include data regarding the number of reports received by the department of alleged violations of the applicable regulations, investigative steps taken in response to the reports, and the outcome of investigations, as well as a complete list of complaints specific to nurse ratio and staffing violations and whether they were found to be substantiated or unsubstantiated. The bill would require the department, at least every 2 years and in advance of submitting the first report, to hold a public hearing to receive input from direct care nurses and to invite input from other stakeholders. The bill would require the input from the hearing to be summarized and included in the following report. The bill would also require the report to include a plan to implement the suggestions from the hearing or an explanation of why the suggestions were rejected.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 1276.45 is added to the Health and Safety Code, to read:

1276.45.
 (a) (1) The State Department of Public Health shall conduct an annual review of its enforcement of the regulations promulgated pursuant to Section 1276.4 of the Health and Safety Code, and shall submit a report to the Legislature on its findings. This report shall also be made available on the department’s website.
(2) This review and report shall include data regarding the number of reports received by the department alleging violations of Section 70217 of Title 22 of the California Code of Regulations, the investigative steps taken by the department in response to those reports, and the outcome of any investigations. The report shall include a complete listing of the complaints specific to nurse ratio and staffing violations, and whether they were found to be substantiated or unsubstantiated.
(b) The report shall be submitted to the Legislature no later than January 1 of each year, commencing January 1, 2025.
(c) At least once every two years, prior to submitting the report required pursuant to subdivision (a), and in advance of the first report due by January 1, 2025, the department shall hold a public hearing to receive input from direct care nurses regarding the efficacy of the department’s enforcement of the regulations, as well as suggestions for improving the department’s ability to enforce the regulations. As part of the hearing, the department shall also invite input from other stakeholders. The input received during the hearing shall be summarized and included in the annual report following the hearing, as required by subdivision (a). The report shall also include a plan to implement the various suggestions for improvement received, or an explanation as to why those suggestions are being rejected.
(d) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.