AB 235 — Emergency services and care.
Last action — Chaptered by Secretary of State - Chapter 423, Statutes of 2009.
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✓Introduced
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✓In Committee
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✓Passed Assembly
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 06, 2009. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Cleared a recorded vote
Passed 7 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
(1) Existing law provides for the regulation of health facilities, including general acute care hospitals and acute psychiatric hospitals. A violation of these provisions is a crime. Existing law requires emergency services and care to be provided to any person requesting the services or care for any condition in which the person is in danger of loss of life. For purposes of these provisions, existing law defines emergency services and care to include additional screening, examination, and evaluation by a physician, or other personnel to the extent permitted by applicable law and within the scope of their licensure and clinical privileges, to determine if a psychiatric emergency medical condition exists, as provided. This bill would define psychiatric emergency medical condition, and would, for this purpose, include admission or transfer to a psychiatric unit within a general acute care hospital or to an acute psychiatric hospital within the care and treatment of this condition. This bill would, consistent with provisions of law relating to involuntary mental health services, also allow the transfer of a patient to a psychiatric unit within a general acute care hospital or to an acute psychiatric hospital for the purpose of providing care and treatment that is solely necessary to relieve or eliminate a psychiatric emergency medical condition if, in the opinion of the treating provider, the patient's psychiatric emergency medical condition is such that, within a reasonable medical probability, no material deterioration of the patient's condition is likely to result from, or occur during, the transfer of the patient. The bill would require a provider to notify the patient's health care service plan, or the health plan's contracting medical provider, of the need for the transfer, as provided. The bill would require a hospital that transfers a patient pursuant to these provisions to seek to obtain the name and contact information of the patient's health care service plan, would require the hospital to document its attempt to ascertain this information, and would require the hospital to notify the health care service plan or the health plan's contracting medical provider of specified information related to the transfer, as provided. The bill would also require a health care service plan to provide noncontracting hospitals with its contact information, as provided, and would require health care service plans to update this information as necessary, but no less than once a year. The bill would further require the hospital to which a patient is transferred pursuant to these provisions to notify the patient's health care service plan of the transfer, as provided. By creating new crimes, this bill would impose a state-mandated local program. (2) 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.
Bill Text
- Chaptered 10/11/09 - Chaptered Current pdf October 11, 2009
- Enrolled 09/02/09 - Enrolled pdf September 02, 2009
- Amended 06/11/09 - Amended Senate pdf June 11, 2009
- Amended 04/14/09 - Amended Assembly pdf April 14, 2009
- Introduced 02/06/09 - Introduced pdf February 06, 2009
- AB235 View text html
Action History
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Chaptered by Secretary of State - Chapter 423, Statutes of 2009.
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Approved by the Governor.
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Enrolled and to the Governor at 2 p.m.
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Senate amendments concurred in. To enrollment. (Ayes 78. Noes 0. Page 2805.)
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In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 30 pursuant to Assembly Rule 77.
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Read third time, passed, and to Assembly. (Ayes 34. Noes 3. Page 1962.)
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Read second time. To third reading.
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From committee: Do pass. (Ayes 10. Noes 1.) (June 29).
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From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 8. Noes 2.) (June 17).
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From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HEALTH.
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Referred to Com. on HEALTH.
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In Senate. Read first time. To Com. on RLS. for assignment.
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Read third time, passed, and to Senate. (Ayes 78. Noes 0. Page 1364.)
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Read second time. To Consent Calendar.
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From committee: Do pass. To Consent Calendar. (April 29).
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Re-referred to Com. on APPR.
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Read second time and amended.
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From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 19. Noes 0.) (March 31).
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In committee: Set, first hearing. Hearing canceled at the request of author.
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Referred to Com. on HEALTH.
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From printer. May be heard in committee March 9.
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Read first time. To print.
Sponsors
- Hayashi · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 121 not signed on
Sponsors (1)
- Hayashi
Co-sponsors (0)
None.
Not signed on (121)
121 members have not signed on to this bill.
Show all 121 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 84 | 0 | 0 | 1 |
| Democratic | 3 | 0 | 0 | 0 |
| Republican | 3 | 0 | 0 | 0 |
| Total | 90 | 0 | 0 | 1 |
| % of votes cast | 99% | 0% | 0% | 1% |
How each member voted (91)
| Member | Party | Vote |
|---|---|---|
| Hagman | — | Yea |
| Carter | — | Yea |
| Chesbro | — | Yea |
| Conway | — | Yea |
| Cook | — | Yea |
| Bill | — | Yea |
| Tom | — | Yea |
| Eng | — | Yea |
| Evans | — | Yea |
| Fuentes | — | Yea |
| Fuller | — | Yea |
| Furutani | — | Yea |
| Charles | — | Yea |
| Garrick | — | Yea |
| Gilmore | — | Yea |
| Hall | — | Yea |
| Hayashi | — | Yea |
| Hernandez | — | Yea |
| De | — | Yea |
| La | — | Yea |
| Torre | — | Yea |
| De | — | Yea |
| Leon | — | Yea |
| Huber | — | Yea |
| Huffman | — | Yea |
| Fletcher | — | Yea |
| Fong | — | Yea |
| Bonnie | — | Yea |
| Lowenthal | — | Yea |
| Ammiano | — | Yea |
| Beall | — | Yea |
| Blakeslee | — | Yea |
| Coto | — | Yea |
| Duvall | — | Yea |
| Knight | — | Yea |
| Lieu | — | Yea |
| Mendoza | — | Yea |
| Miller | — | Yea |
| Monning | — | Yea |
| V. | — | Yea |
| Manuel | — | Yea |
| Perez | — | Yea |
| John | — | Yea |
| A. | — | Yea |
| Perez | — | Yea |
| Salas | — | Yea |
| Saldana | — | Yea |
| Audra | — | Yea |
| Portantino | — | Not Voting |
| Nestande | — | Yea |
| Ruskin | — | Yea |
| Silva | — | Yea |
| Smyth | — | Yea |
| Solorio | — | Yea |
| Torlakson | — | Yea |
| Torres | — | Yea |
| Torrico | — | Yea |
| Villines | — | Yea |
| Bass | — | Yea |
| Adams | — | Yea |
| Anderson | — | Yea |
| Block | — | Yea |
| Blumenfield | — | Yea |
| Brownley | — | Yea |
| Buchanan | — | Yea |
| Harkey | — | Yea |
| Hill | — | Yea |
| Jeffries | — | Yea |
| Krekorian | — | Yea |
| Logue | — | Yea |
| Ma | — | Yea |
| Nava | — | Yea |
| Nielsen | — | Yea |
| Skinner | — | Yea |
| Swanson | — | Yea |
| Tran | — | Yea |
| Emmerson | — | Yea |
| Feuer | — | Yea |
| Davis | — | Yea |
| DeVore | — | Yea |
| Yamada | — | Yea |
| Galgiani | — | Yea |
| Beth Gaines | — | Yea |
| Bill Berryhill | — | Yea |
| Bill Berryhill | — | Yea |
| Arambula, Joaquin | Democratic | Yea |
| Caballero, Anna M. | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Jones, Brian W. | Republican | Yea |
| Niello, Roger W. | Republican | Yea |
| Strickland, Tony | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 33 | 3 | 0 | 2 |
| Democratic | 1 | 0 | 0 | 1 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 35 | 3 | 0 | 3 |
| % of votes cast | 85% | 7% | 0% | 7% |
How each member voted (41)
| Member | Party | Vote |
|---|---|---|
| Yee | — | Yea |
| Hancock | — | Yea |
| Ashburn | — | Yea |
| Benoit | — | Yea |
| Lowenthal | — | Yea |
| Negrete | — | Yea |
| Runner | — | Yea |
| Cedillo | — | Not Voting |
| Harman | — | Yea |
| Hollingsworth | — | Nay |
| Huff | — | Yea |
| Leno | — | Yea |
| Liu | — | Yea |
| Cox | — | Nay |
| Ducheny | — | Yea |
| Dutton | — | Yea |
| McLeod | — | Yea |
| Oropeza | — | Not Voting |
| Pavley | — | Yea |
| Price | — | Yea |
| Romero | — | Yea |
| Steinberg | — | Yea |
| Walters | — | Yea |
| Wolk | — | Yea |
| Wright | — | Yea |
| Aanestad | — | Nay |
| Alquist | — | Yea |
| Kehoe | — | Yea |
| Maldonado | — | Yea |
| Simitian | — | Yea |
| Wiggins | — | Yea |
| Wyland | — | Yea |
| Cogdill | — | Yea |
| Corbett | — | Yea |
| Correa | — | Yea |
| DeSaulnier | — | Yea |
| Denham | — | Yea |
| Florez | — | Yea |
| Calderon, Lisa | Democratic | Yea |
| Padilla, Stephen C. | Democratic | Not Voting |
| Strickland, Tony | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 10 | 1 | 0 | 2 |
| Total | 10 | 1 | 0 | 2 |
| % of votes cast | 77% | 8% | 0% | 15% |
How each member voted (13)
| Member | Party | Vote |
|---|---|---|
| Yee | — | Yea |
| Wyland | — | Yea |
| Runner | — | Yea |
| Hancock | — | Not Voting |
| Kehoe | — | Yea |
| Oropeza | — | Yea |
| Wolk | — | Yea |
| Leno | — | Yea |
| Price | — | Yea |
| Walters | — | Yea |
| Corbett | — | Yea |
| Cox | — | Nay |
| Denham | — | Not Voting |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 7 | 2 | 0 | 2 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 8 | 2 | 0 | 2 |
| % of votes cast | 67% | 17% | 0% | 17% |
How each member voted (12)
| Member | Party | Vote |
|---|---|---|
| Cedillo | — | Yea |
| Leno | — | Yea |
| McLeod | — | Not Voting |
| Negrete | — | Not Voting |
| Alquist | — | Yea |
| Pavley | — | Yea |
| Wolk | — | Yea |
| Aanestad | — | Nay |
| Maldonado | — | Yea |
| Cox | — | Nay |
| DeSaulnier | — | Yea |
| Strickland, Tony | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 82 | 0 | 0 | 2 |
| Democratic | 5 | 0 | 0 | 0 |
| Republican | 3 | 0 | 0 | 0 |
| Total | 90 | 0 | 0 | 2 |
| % of votes cast | 98% | 0% | 0% | 2% |
How each member voted (92)
| Member | Party | Vote |
|---|---|---|
| Hagman | — | Yea |
| Carter | — | Yea |
| Chesbro | — | Yea |
| Conway | — | Yea |
| Cook | — | Yea |
| Coto | — | Yea |
| Bill | — | Yea |
| Berryhill | — | Yea |
| Tom | — | Yea |
| Berryhill | — | Yea |
| Evans | — | Yea |
| Feuer | — | Yea |
| Fuller | — | Yea |
| Charles | — | Yea |
| Furutani | — | Yea |
| Garrick | — | Yea |
| Gilmore | — | Yea |
| Hall | — | Yea |
| Harkey | — | Yea |
| De | — | Yea |
| La | — | Yea |
| Torre | — | Yea |
| De | — | Yea |
| Leon | — | Yea |
| Fletcher | — | Yea |
| Gaines | — | Yea |
| Ammiano | — | Yea |
| Anderson | — | Yea |
| Beall | — | Yea |
| Blakeslee | — | Yea |
| Yamada | — | Not Voting |
| Bonnie | — | Yea |
| V. | — | Yea |
| Manuel | — | Yea |
| Perez | — | Yea |
| John | — | Yea |
| A. | — | Yea |
| Perez | — | Yea |
| Portantino | — | Yea |
| Salas | — | Yea |
| Saldana | — | Yea |
| Audra | — | Yea |
| Hernandez | — | Yea |
| Huber | — | Yea |
| Huffman | — | Yea |
| Knight | — | Yea |
| Krekorian | — | Yea |
| Logue | — | Yea |
| Mendoza | — | Yea |
| Miller | — | Yea |
| Monning | — | Yea |
| Nestande | — | Yea |
| Duvall | — | Not Voting |
| Price | — | Yea |
| Ruskin | — | Yea |
| Skinner | — | Yea |
| Smyth | — | Yea |
| Swanson | — | Yea |
| Torlakson | — | Yea |
| Torrico | — | Yea |
| Tran | — | Yea |
| Adams | — | Yea |
| Bass | — | Yea |
| Block | — | Yea |
| Blumenfield | — | Yea |
| Brownley | — | Yea |
| Buchanan | — | Yea |
| Hayashi | — | Yea |
| Hill | — | Yea |
| Jeffries | — | Yea |
| Lieu | — | Yea |
| Ma | — | Yea |
| Nava | — | Yea |
| Nielsen | — | Yea |
| Silva | — | Yea |
| Solorio | — | Yea |
| Torres | — | Yea |
| Villines | — | Yea |
| Emmerson | — | Yea |
| Eng | — | Yea |
| Davis | — | Yea |
| DeVore | — | Yea |
| Fuentes | — | Yea |
| Galgiani | — | Yea |
| Arambula, Joaquin | Democratic | Yea |
| Caballero, Anna M. | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Fong, Mike | Democratic | Yea |
| Lowenthal, Josh | Democratic | Yea |
| Jones, Brian W. | Republican | Yea |
| Niello, Roger W. | Republican | Yea |
| Strickland, Tony | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 19 | 0 | 0 | 0 |
| Democratic | 1 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 21 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (21)
| Member | Party | Vote |
|---|---|---|
| Charles | — | Yea |
| De | — | Yea |
| Leon | — | Yea |
| John | — | Yea |
| A. | — | Yea |
| Perez | — | Yea |
| Audra | — | Yea |
| Harkey | — | Yea |
| Duvall | — | Yea |
| Krekorian | — | Yea |
| Monning | — | Yea |
| Solorio | — | Yea |
| Torlakson | — | Yea |
| Ammiano | — | Yea |
| Miller | — | Yea |
| Nielsen | — | Yea |
| Price | — | Yea |
| Skinner | — | Yea |
| Fuentes | — | Yea |
| Calderon, Lisa | Democratic | Yea |
| Strickland, Tony | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 23 | 0 | 0 | 0 |
| Republican | 2 | 0 | 0 | 0 |
| Democratic | 1 | 0 | 0 | 0 |
| Total | 26 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (26)
| Member | Party | Vote |
|---|---|---|
| De | — | Yea |
| La | — | Yea |
| Carter | — | Yea |
| Conway | — | Yea |
| Torre | — | Yea |
| De | — | Yea |
| Leon | — | Yea |
| Fletcher | — | Yea |
| Gaines | — | Yea |
| Bonnie | — | Yea |
| V. | — | Yea |
| Manuel | — | Yea |
| Perez | — | Yea |
| Salas | — | Yea |
| Audra | — | Yea |
| Hall | — | Yea |
| Hernandez | — | Yea |
| Nava | — | Yea |
| Adams | — | Yea |
| Ammiano | — | Yea |
| Block | — | Yea |
| Hayashi | — | Yea |
| Emmerson | — | Yea |
| Lowenthal, Josh | Democratic | Yea |
| Jones, Brian W. | Republican | Yea |
| Strickland, Tony | Republican | Yea |
Subjects
Frequently asked questions
- What does AB 235 do?
- (1) Existing law provides for the regulation of health facilities, including general acute care hospitals and acute psychiatric hospitals. A violation of these provisions is a crime. Existing law requires emergency services and care to be provided to any person requesting the services or care for any condition in which the person is in danger of loss of life. For purposes of these provisions, existing law defines emergency services and care to include additional screening, examination, and evaluation by a physician, or other personnel to the extent permitted by applicable law and within the scope of their licensure and clinical privileges, to determine if a psychiatric emergency medical condition exists, as provided. This bill would define psychiatric emergency medical condition, and would, for this purpose, include admission or transfer to a psychiatric unit within a general acute care hospital or to an acute psychiatric hospital within the care and treatment of this condition. This bill would, consistent with provisions of law relating to involuntary mental health services, also allow the transfer of a patient to a psychiatric unit within a general acute care hospital or to an acute psychiatric hospital for the purpose of providing care and treatment that is solely necessary to relieve or eliminate a psychiatric emergency medical condition if, in the opinion of the treating provider, the patient's psychiatric emergency medical condition is such that, within a reasonable medical probability, no material deterioration of the patient's condition is likely to result from, or occur during, the transfer of the patient. The bill would require a provider to notify the patient's health care service plan, or the health plan's contracting medical provider, of the need for the transfer, as provided. The bill would require a hospital that transfers a patient pursuant to these provisions to seek to obtain the name and contact information of the patient's health care service plan, would require the hospital to document its attempt to ascertain this information, and would require the hospital to notify the health care service plan or the health plan's contracting medical provider of specified information related to the transfer, as provided. The bill would also require a health care service plan to provide noncontracting hospitals with its contact information, as provided, and would require health care service plans to update this information as necessary, but no less than once a year. The bill would further require the hospital to which a patient is transferred pursuant to these provisions to notify the patient's health care service plan of the transfer, as provided. By creating new crimes, this bill would impose a state-mandated local program. (2) 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.
- Who sponsors AB 235?
- AB 235 is sponsored by Hayashi.
- What is the current status of AB 235?
- This bill has been enacted into law. Introduced February 06, 2009. Enacted.
- Where can I track AB 235?
- Track AB 235 free on One Click Politics — get push/email alerts when it moves.
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