Bill Text: CA AB259 | 2013-2014 | Regular Session | Amended
Bill Title: Health and care facilities: CPR.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2013-05-23 - Referred to Coms. on HEALTH and RLS. [AB259 Detail]
Download: California-2013-AB259-Amended.html
BILL NUMBER: AB 259 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 16, 2013
AMENDED IN ASSEMBLY MARCH 19, 2013
INTRODUCED BY Assembly Member Logue
FEBRUARY 7, 2013
An act to amend Section 2762 of the Business and
Professions Code, and to add Section 1259.7
Chapter 13 (commencing with Section 1796) to
Division 2 of the Health and Safety Code, relating to
nursing health and care facilities .
LEGISLATIVE COUNSEL'S DIGEST
AB 259, as amended, Logue. Nursing: Health
and care facilities: CPR in emergency situations
.
The Nursing Practice Act governs the licensing and regulation of
professional nursing, and vests authority for enforcing the act in
the Board of Registered Nursing within the Department of Consumer
Affairs. Among other provisions, the act provides that a person
licensed pursuant to the act who in good faith renders emergency care
at the scene of an emergency which occurs outside both the place and
the course of that person's employment is not liable for any civil
damages as the result of acts or omissions by that person in
rendering the emergency care, except as specified. The act also
authorizes the board to take disciplinary action against a certified
or licensed nurse for unprofessional conduct, as described. A person
who violates a provision of the act is guilty of a misdemeanor.
Existing law regulates health facilities, including
skilled nursing facilities, intermediate care facilities, and
congregate living health facilities long-term health
care facilities, community care facilities, adult day health care
centers, and residential care facilities . A person who
violates these provisions is guilty of a crime, except as specified.
This bill would make refusing to administer
cardiopulmonary resuscitation in an emergency situation
unprofessional conduct for purposes of the Nursing Practice Act, as
specified. By creating a new crime, the bill would impose a
state-mandated local program.
The bill would also provide that if a skilled nursing
facility, an intermediate care facility, or a congregate living
health facility implements or enforces a policy that prohibits a
licensed professional nurse employed by the facility
make it a misdemeanor for those facilities to have a policy that
prohibits any employee from administering cardiopulmonary
resuscitation, that policy is void as against public policy
except as specified . By creating a new crime
relating to health care these
facilities, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2762 of the Business and
Professions Code is amended to read:
2762. In addition to other acts constituting unprofessional
conduct within the meaning of this chapter it is unprofessional
conduct for a person licensed under this chapter to do any of the
following:
(a) Obtain or possess in violation of law, or prescribe, or except
as directed by a licensed physician and surgeon, dentist, or
podiatrist administer to himself or herself, or furnish or administer
to another, any controlled substance as defined in Division 10
(commencing with Section 11000) of the Health and Safety Code or any
dangerous drug or dangerous device as defined in Section 4022.
(b) Use any controlled substance as defined in Division 10
(commencing with Section 11000) of the Health and Safety Code, or any
dangerous drug or dangerous device as defined in Section 4022, or
alcoholic beverages, to an extent or in a manner dangerous or
injurious to himself or herself, any other person, or the public or
to the extent that such use impairs his or her ability to conduct
with safety to the public the practice authorized by his or her
license.
(c) Be convicted of a criminal offense involving the prescription,
consumption, or self-administration of any of the substances
described in subdivisions (a) and (b) of this section, or the
possession of, or falsification of a record pertaining to, the
substances described in subdivision (a) of this section, in which
event the record of the conviction is conclusive evidence thereof.
(d) Be committed or confined by a court of competent jurisdiction
for intemperate use of or addiction to the use of any of the
substances described in subdivisions (a) and (b) of this section, in
which event the court order of commitment or confinement is prima
facie evidence of such commitment or confinement.
(e) Falsify, or make grossly incorrect, grossly inconsistent, or
unintelligible entries in any hospital, patient, or other record
pertaining to the substances described in subdivision (a).
(f) Refuse to administer cardiopulmonary resuscitation in an
emergency situation, provided that the nurse is able to perform the
resuscitation. This subdivision does not apply if there is a "Do not
resuscitate" order in effect for the person upon whom the
resuscitation would otherwise be performed.
SEC. 2. Section 1259.7 is added to the Health
and Safety Code, to read:
1259.7. If a skilled nursing facility, an intermediate care
facility, or a congregate living health facility implements or
enforces a policy that prohibits a licensed professional nurse
employed by the facility from administering cardiopulmonary
resuscitation, that policy is void as against public policy.
SECTION 1. Chapter 13 (commencing with Section
1796) is added to Division 2 of the Health and Safety Code
, to read:
CHAPTER 13. CARDIOPULMONARY RESUSCITATION
1796. (a) It is a misdemeanor for a long-term health care
facility, as defined in Section 1418, community care facility, as
defined in Section 1502, adult day health care center, as defined in
Section 1570.7, or residential care facility for the elderly, as
defined in Section 1569.2, to have a policy that prohibits any
employee from administering cardiopulmonary resuscitation.
(b) This section does not apply if there is a "do not resuscitate"
or Physician Orders for Life Sustaining Treatment form, as defined
in Section 4780 of the Probate Code, or an advance health care
directive that prohibits resuscitation, as specified in Part 2
(commencing with Section 4670) of Division 4.7 of the Probate Code,
in effect for the person upon whom the resuscitation would otherwise
be performed.
SEC. 3. SEC. 2. No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution because the only costs that may be incurred
by a local agency or school district will be incurred because this
act creates a new crime or infraction, eliminates a crime or
infraction, or changes the penalty for a crime or infraction, within
the meaning of Section 17556 of the Government Code, or changes the
definition of a crime within the meaning of Section 6 of Article XIII
B of the California Constitution.
