AB 1612: Clinics: licensure.

Existing law requires the State Department of Public Health to license and regulate various types of clinics, including primary care clinics and specialty clinics.

This bill would authorize a licensed primary care clinic with a license in good standing with the department for the preceding 5 years to construct a new outpatient clinic, acquire ownership or control of an outpatient setting, as defined, acquire or control certain offices or clinics exempt from licensure, as specified, or acquire ownership or control of a previously licensed primary care clinic. The bill would authorize a facility constructed or acquired by a licensed primary care clinic under these provisions to be deemed compliant with the minimum construction standards of adequacy and safety required for the primary care clinic constructing or acquiring the facility, as specified. The bill would require the department to immediately approve a license for these facilities without the necessity of first conducting an initial onsite survey upon receipt of a written notice, as specified.

Existing law requires the Department of Health Care Access and Information, formerly the Office of Statewide Health Planning and Development, in consultation with the Community Clinics Advisory Committee, to prescribe minimum construction standards of adequacy and safety for clinics, as specified, in the California Building Standards Code.

This bill would additionally require the department to consult the California Building Standards Commission in prescribing these minimum construction standards. The bill would require these standards to be developed in consideration of the essential role of clinics in increasing access to care and health equity and the unique and distinct needs of clinics in contrast to health facilities, as defined.

Existing law imposes plan review and building inspection responsibilities on cities and counties for the construction or alteration of buildings where outpatient clinical services or limited inpatient services of a licensed health facility, as defined, are provided when those buildings are separated from a building in which hospital services are provided. Existing law prohibits building standards for the construction or alteration of these buildings from being more restrictive or comprehensive than comparable building standards established or applied to licensed clinics, as defined.

This bill would remove the prohibition described above.