Amended by Stats. 2018, Ch. 34, Sec. 4. (AB 1810) Effective June 27, 2018.
force and effect until altered, amended, or repealed by the director.
California Health and Safety Code — §§ 1225-1234.1
Amended by Stats. 2018, Ch. 34, Sec. 4. (AB 1810) Effective June 27, 2018.
force and effect until altered, amended, or repealed by the director.
Amended by Stats. 2024, Ch. 796, Sec. 1. (SB 1382) Effective January 1, 2025.
plant of clinics as found in the California Building Standards Code.
comply with the safety and accessibility standards required for the physical environment of a clinic to ensure participation in the federal Medicare and Medicaid programs, as outlined in Subchapter G (commencing with Section 482.1) of Chapter IV of Title 42 of the Code of Federal Regulations.
responsibilities for the construction or alteration of buildings described in paragraphs (1) and (2) of subdivision (b) of Section 1204 and shall apply the provisions of the latest edition of the California Building Standards Code in conducting these plan review responsibilities. For these buildings, construction and alteration shall include conversion of a building to a purpose specified in paragraphs (1) and (2) of subdivision (b) of Section 1204.
Upon the initial submission to a city or county by the governing authority or owner of these clinics for plan review and building inspection services, the city or county shall reply in writing to the clinic whether or not the plan review by the city or county will include a certification as to whether or not the clinic project submitted for plan review meets the standards as propounded by the office in the California Building Standards Code.
If the city or county indicates that
its review will include this certification it shall do all of the following:
performs review for certification, the office shall charge a fee in an amount that does not exceed its actual costs.
Amended by Stats. 2007, Ch. 24, Sec. 3. Effective January 1, 2008.
Added by Stats. 2003, Ch. 602, Sec. 7. Effective January 1, 2004.
The Community Clinics Advisory Committee provided for in subdivision (b) of Section 1226 shall meet on an ad hoc basis and shall be comprised of at least 15 individuals who are employed by, or under contract to provide service to, a community clinic on a full-time basis, either directly or as a representative of a clinic association. Members of the committee shall be appointed by the three statewide primary care clinic associations in California that represent the greatest number of community or free clinic sites.
Added by Stats. 2003, Ch. 602, Sec. 8. Effective January 1, 2004.
A primary care clinic may establish compliance with the minimum construction standards of adequacy and safety for the physical plant described in subdivision (b) of Section 1226 by submitting a written certification, as described in Section 5536.26 of the Business and Professions Code, from a licensed architect or a written statement from a local building department that the applicable construction, remodeling, alteration, or other applicable modification of the physical plant is in compliance with these standards. No particular form of certification or statement shall be required by the department. Any form of statement utilized by a city or county building department, or certification by a licensed architect, indicating that the premises conform to the requirements of the California Building Standards Code, shall be accepted by the department as sufficient proof of compliance. Enforcement of compliance with applicable provisions of the California Building Standards Code, pursuant to subdivision (b) of Section 1226, shall be within the exclusive jurisdiction of the local building department.
Added by Stats. 1990, Ch. 1579, Sec. 1.
Added by Stats. 1978, Ch. 1147.
Any duly authorized officer, employee, or agent of the state department may upon presentation of proper identification, enter and inspect any building or premises at any time, with or without advance notice, to secure compliance with, or to prevent a violation of, any provision of this chapter or any regulations adopted pursuant to this chapter.
Amended by Stats. 2003, Ch. 602, Sec. 9. Effective January 1, 2004.
During inspections, representatives of the department shall offer any advice and assistance to the clinic as they deem appropriate. The department may contract with local health departments for the assumption of any of the department’s responsibilities under this chapter. In exercising this authority, the local health department shall conform to the requirements of this chapter and to the rules, regulations, and standards of the department.
Repealed and added by Stats. 1978, Ch. 1147.
The state department shall notify any clinic of all deficiencies in its compliance with the provisions of this chapter or the rules and regulations adopted hereunder, which are discovered or confirmed by inspection, and the clinic shall agree with the state department upon a plan of correction which shall give the clinic a reasonable time to correct such deficiencies. During such allotted time, a list of deficiencies and the plan of correction shall be conspicuously posted in a clinic location accessible to public view. If at the end of the allotted time, as provided in the plan of correction, the clinic has failed to correct the deficiencies, the state department shall assess the licensee a civil penalty not to exceed fifty dollars ($50) per day, until the state department finds the clinic in compliance. In such case, the state department may also initiate action against the clinic to revoke or suspend the license. Nothing in this chapter shall be deemed to prohibit a clinic which is unable to correct the deficiencies, as specified in a plan of corrections, for reasons beyond its control from voluntarily surrendering its license pursuant to Section 1245 prior to the assessment of any civil penalty or the initiation of any revocation or suspension proceeding.
Added by Stats. 2003, Ch. 602, Sec. 10. Effective January 1, 2004.
No notification of deficiency, civil or criminal penalty, fine, sanction, or denial, suspension, or revocation of licensure, may be imposed against a primary care clinic, or any person acting on behalf of the clinic, for a violation of a regulation, as defined in Section 11342.600 of the Government Code, including every rule, regulation, order, or standard of general application, or the amendment, supplement, or revision of any rule, regulation, order, or standard adopted by a state agency to implement, interpret, or make specific the law enforced or administered by it, or to govern its procedure, unless the regulation has been adopted pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
Added by Stats. 1978, Ch. 1147.
Reports on the results of each inspection shall be kept on file in the state department along with the plan of correction and clinic comments. The inspection report may include a recommendation for reinspection. All inspection reports, lists of deficiencies, and plans of correction shall be public records open to public inspection.
Amended by Stats. 2003, Ch. 602, Sec. 11. Effective January 1, 2004.
Amended by Stats. 2019, Ch. 821, Sec. 3. (AB 1128) Effective January 1, 2020. Conditionally inoperative pursuant to the operation of subdivision (q) of Section 1206. Repealed on January 1 following the inoperative date.
this section is repealed.
Added by Stats. 1978, Ch. 1147.
No clinic which permits sterilization operations for contraceptive purposes to be performed therein, nor the medical staff of such clinic, shall require the individual upon whom such a sterilization operation is to be performed to meet any special nonmedical qualifications, which are not imposed on individuals seeking other types of operations in the clinic. Such prohibited nonmedical qualifications shall include, but not be limited to, age, marital status, and number of natural children.
Nothing in this section shall prohibit requirements relating to the physical or mental condition of the individual or affect the right of the attending physician to counsel or advise his patient as to whether or not sterilization is appropriate. This section shall not affect existing law with respect to individuals below the age of majority.
Added by Stats. 1979, Ch. 1186.
A surgical clinic may restrict use of its facilities to members of the medical staff of the surgical clinic and other physicians and surgeons approved by the medical staff to practice at the clinic.
Amended by Stats. 2022, Ch. 197, Sec. 9. (SB 1493) Effective January 1, 2023.
By June 30, 1995, a licensed clinic board of directors and its medical director shall establish and adopt written policies and procedures to screen patients for purposes of detecting spousal or partner abuse. The policies shall include procedures to accomplish all of the following:
provide, or arrange for, the evaluation, counseling, and care of persons experiencing spousal or partner abuse, including, but not limited to, hot lines, local domestic violence shelter-based programs, legal services, and information about temporary restraining orders.
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.
Amended by Stats. 2016, 2nd Ex. Sess., Ch. 7, Sec. 11. (SB 5 2x) Effective June 9, 2016.
If “smoking permitted” signs are posted, there shall also be conspicuously posted, near all major entrances, clearly legible signs stating that smoking is unlawful except in areas designated “smoking permitted.”
Added by Stats. 2025, Ch. 442, Sec. 1. (AB 849) Effective January 1, 2026. Operative January 1, 2027, by its own provisions.
(ii) Breast.
(iii) Rectum.
(B) “Sensitive examination” also includes an ultrasound examination of the pubic or groin region.
or American Registry of Radiologic Technologists (ARRT).
(A) A hard copy provided to the patient, or their legal guardian, in person at a visit, or prior to a visit in a
separate single document.
(B) An electronic transmission, including, but not limited to, a text message or email to the patient or their legal guardian prior to or during the visit.
(C) Verbally to the patient, or their legal guardian, either prior to or in person at a visit, with documentation of the offer in the
patient’s health record.
examination is a sensitive examination. The provider shall document the medical chaperone’s presence in the patient’s health record.