Health Code - CPS Requirements

CALIFORNIA HEALTH AND SAFETY CODE SECTIONS
1204.3, 1212, 1268, 1596.95

1204.3.  (a) An alternative birth center that is licensed as an
alternative birth center specialty clinic pursuant to paragraph (4)
of subdivision (b) of Section 1204 shall, as a condition of
licensure, and a primary care clinic licensed pursuant to subdivision
(a) of Section 1204 that provides services as an alternative birth
center shall, meet all of the following requirements:
   (1) Be a provider of comprehensive perinatal services as defined
in Section 14134.5 of the Welfare and Institutions Code.
   (2) Maintain a quality assurance program.
   (3) Meet the standards for certification established by the
National Association of Childbearing Centers, or at least equivalent
standards as determined by the state department.
   (4)  In addition to standards of the National Association of
Childbearing Centers regarding proximity to hospitals and presence of
attendants at births, meet both of the following conditions:
   (A)  Be located in proximity, in time and distance, to a facility
with the capacity for management of obstetrical and neonatal
emergencies, including the ability to provide cesarean section
delivery, within 30 minutes from time of diagnosis of the emergency.
   (B)  Require the presence of at least two attendants at all times
during birth, one of whom shall be either a physician and surgeon or
a certified nurse-midwife.
   (5) Have a written policy relating to the dissemination of the
following information to patients:
   (A) A summary of current state laws requiring child passenger
restraint systems to be used when transporting children in motor
vehicles.
   (B) A listing of child passenger restraint system programs located
within the county, as required by Section 27360 of the Vehicle Code
or Section 27362 of that code.
   (C) Information describing the risks of death or serious injury
associated with the failure to utilize a child passenger restraint
system.
   (b) The state department shall issue a permit to a primary care
clinic licensed pursuant to subdivision (a) of Section 1204
certifying that the primary care clinic has met the requirements of
this section and may provide services as an alternative birth center.
  Nothing in this section shall be construed to require that a
licensed primary care clinic obtain an additional license in order to
provide services as an alternative birth center.
   (c) (1) Notwithstanding subdivision (a) of Section 1206, no place
or establishment owned or leased and operated as a clinic or office
by one or more licensed health care practitioners and used as an
office for the practice of their profession, within the scope of
their license, shall be represented or otherwise held out to be an
alternative birth center licensed by the state unless it meets the
requirements of this section.
   (2) Nothing in this subdivision shall be construed to prohibit
licensed health care practitioners from providing birth related
services, within the scope of their license, in a place or
establishment described in paragraph (1).
 
1212.  (a) Any person, firm, association, partnership, or
corporation desiring a license for a clinic or a special permit for
special services under the provisions of this chapter, shall file
with the department a verified application on forms prescribed and
furnished by the department, containing the following:
   (1) Evidence satisfactory to the department that the applicant is
of reputable and responsible character.  If the applicant is a firm,
association, partnership, trust, corporation, or other artificial or
legal entity, like evidence shall be submitted as to the members,
partners, trustees or shareholders, directors, and officers thereof
and as to the person who is to be the administrator of, and exercise
control, management, and direction of the clinic for which
application is made.
   (2) If the applicant is a partnership, the name and principal
business address of each partner, and, if any partner is a
corporation, the name and principal business address of each officer
and director of the corporation and name and business address of each
stockholder owning 10 percent or more of the stock thereof.
   (3) If the applicant is a corporation, the name and principal
business address of each officer and director of the corporation, and
where the applicant is a stock corporation, the name and principal
business address of each stockholder holding 10 percent or more of
the applicant's stock and, where any stockholder is a corporation,
the name and principal business address of each officer and director
of the corporate stockholder.
   (4) Evidence satisfactory to the department of the ability of the
applicant to comply with the provisions of this chapter and rules and
regulations promulgated under this chapter by the department.
   (5) The name and address of the clinic, and if the applicant is a
professional corporation, firm, partnership, or other form of
organization, evidence that the applicant has complied with the
requirements of the Business and Professions Code governing the use
of fictitious names by practitioners of the healing arts.
   (6) The name and address of the professional licentiate
responsible for the professional activities of the clinic and the
licentiate's license number and professional experience.
   (7) The class of clinic to be operated, the character and scope of
advice and treatment to be provided, and a complete description of
the building, its location, facilities, equipment, apparatus, and
appliances to be furnished and used in the operation of the clinic.
   (8) Sufficient operational data to allow the department to
determine the class of clinic that the applicant proposes to operate
and the initial license fee to be charged.
   (9) Any other information as may be required by the department for
the proper administration and enforcement of this chapter,
including, but not limited to, evidence that the clinic has a written
policy relating to the dissemination of the following information to
patients:
   (A) A summary of current state laws requiring child passenger
restraint systems to be used when transporting children in motor
vehicles.
   (B) A listing of child passenger restraint system programs located
within the county, as required by Section 27360 or 27362 of the
Vehicle Code.
   (C) Information describing the risks of death or serious injury
associated with the failure to utilize a child passenger restraint
system.
   (b) (1) No application is required where a licensed primary care
clinic adds a service that is not a special service, as defined in
Section 1203, or any regulation adopted thereunder, or remodels or
modifies an existing primary care clinic site.  However, the clinic
shall notify the department, in writing, of the change in service or
physical plant no less than 60 days prior to adding the service or
remodeling or modifying an existing primary care clinic site.
Nothing in this subdivision shall be construed to limit the authority
of the department to conduct an inspection at any time pursuant to
Section 1227, in order to ensure compliance with, or to prevent a
violation of, this chapter, or any regulation adopted under this
chapter.
   (2) Where applicable city, county, or state law obligates the
primary care clinic to obtain a building permit with respect to the
remodeling or modification to be performed by the clinic, the primary
care clinic shall provide a signed certification or statement as
described in Section 1226.3 to the department within 60 days
following completion of the remodeling or modification project
covered by the building permit.
   (c) In the course of fulfilling its obligations under Section
1221.09, the department shall ensure that any application form
utilized by a primary care clinic, requiring information of the type
specified in paragraph (1), (4), (8), or (9) of subdivision (a), is
consistent with the requirements of Section 1225, including the
requirement that rules and regulations for primary care clinics be
separate and distinct from the rules and regulations for specialty
clinics.  Nothing in this section shall be construed to require the
department to issue a separate application form for primary care
clinics.
 
1268(a) Upon the filing of the application for licensure or for a
special permit for special services and full compliance with this
chapter and the rules and regulations of the state department, the
state department shall issue to the applicant the license or special
permit applied for.  A license shall not be issued or renewed for
beds permanently converted to other than patient use and that do not
meet construction and operational requirements.  However, if the
director finds that the applicant is not in compliance with the laws
or regulations of this part, the director shall deny the applicant a
license or a special permit for special services.  Additionally, the
director shall not issue a license covering a project within the
meaning of Section 127170 for which there is no valid, subsisting,
and unexpired certificate of need issued pursuant to Chapter 1
(commencing with Section 127125) of Part 2 of Division 107.
   (b) As a condition of licensure, the director shall require
evidence that the applicant have a written policy relating to the
dissemination of the following information to patients:
   (1) A summary of current state laws requiring child passenger
restraint systems to be used when transporting children in motor
vehicles.
   (2) A listing of child passenger restraint system programs located
within the county, as required by Section 27360 or 27362 of the
Vehicle Code.
   (3) Information describing the risks of death or serious injury
associated with the failure to utilize a child passenger restraint
system.
   A hospital may satisfy the requirements of this paragraph by
reproducing for distribution materials specified in Section 27366 of
the Vehicle Code, describing the risks of injury or death as a result
of the failure to utilize passenger restraints for infants and
children, as provided, without charge, by the Department of the
California Highway Patrol.  A hospital that does not have these
materials, but demonstrates that it has made a written request to the
Department of the California Highway Patrol for the materials, is in
compliance with this paragraph.
   (c) The conversion of a general acute care hospital or special
hospital to a general acute care hospital that exclusively provides
acute medical rehabilitation center services shall not require a
certificate of need, as required by Section 127170, if the health
facility is rendering the services specified in subdivision (f) of
Section 1250 on January 1, 1979. 
 
1596.95.  Any person desiring issuance of a license for a day care
center or a special permit for specialized services in a day care
center under this chapter shall file with the department pursuant to
regulations, an application on forms furnished by the department,
which shall include, but not be limited to, all of the following:
   (a) Evidence satisfactory to the department of the ability of the
applicant to comply with this act and rules and regulations adopted
pursuant to this act by the department.
   (b) Evidence satisfactory to the department that the applicant is
a reputable and responsible character.  This evidence shall include,
but not be limited to, a criminal record clearance pursuant to
Section 1596.871, employment history, and character references.  If
the applicant is a firm, association, organization, partnership,
business trust, corporation, or company, evidence of reputable and
responsible character shall be submitted as to the members or
shareholders thereof, and the person in charge of the day care center
for which application for issuance of license or special permit is
made.
   (c) Evidence satisfactory to the department that the applicant has
sufficient financial resources to maintain the standards of service
required by regulations adopted pursuant to this act.  The
information shall be required only upon initial application for
licensure, and when requested by the department, in writing,
explaining the need for the evidence as part of the department's
investigative function.
   (d) Disclosure of the applicant's prior or present service as an
administrator, general partner, corporate officer, or director of, or
as a person who has held or holds a beneficial ownership of 10
percent or more in any child day care facility or in any facility
licensed pursuant to Chapter 1 (commencing with Section 1200), 2
(commencing with Section 1250), or 3 (commencing with Section 1500).
 
   (e) Disclosure of any revocation or other disciplinary action
taken, or in the process of being taken, against a license held or
previously held by the entities specified in subdivision (d).
   (f) Evidence satisfactory to the department that there is a fire
escape and disaster plan for the facility and that fire drills and
disaster drills will be conducted at least once every six months.
The documentation of these drills shall be maintained at the facility
on a form prepared by the department and shall include the date and
time of the drills.
   (g) Evidence satisfactory to the department that the applicant has
posted signs at the point of entry to the facility that provide the
telephone number of the local health department and state all of the
following:
   (1) Protect your child--it is the law.
   (2) All the information specified in Sections 27360 and 27360.5 of
the Vehicle Code regarding child passenger restraint systems.
   (3) Call your local health department for more information.
   (h) Any other information as may be required by the department for
the proper administration and enforcement of this act.
   (i) Failure of the applicant to cooperate with the licensing
agency in the completion of the application shall result in the
denial of the application.  Failure to cooperate means that the
information described in this section and in regulations of the
department has not been provided, or not provided in the form
requested by the licensing agency, or both.
Source:  http://www.leginfo.ca.gov/calaw.html