California 2017-2018 Regular Session Status: To Executive

SB 1288 — Health and care facilities: inspections.

Last action — In Senate. Consideration of Governor's veto pending.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2017-2018 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law establishes the State Department of Public Health and sets forth its powers and duties, including, but not limited to, the licensing and regulation of health facilities, as defined. Existing law requires that every health facility for which a license or special permit has been issued be periodically inspected by the State Department of Public Health, or by another governmental entity under contract with the department. Existing law requires the department to inspect those facilities for compliance with provisions of state law and regulations during a state periodic inspection, or at the same time as a federal periodic inspection. Existing law requires the department to adopt regulations governing the operation of a health facility, including, but not limited to, regulations that require prescribed health facilities to meet minimum nurse-to-patient ratios, and to assign additional staff according to a documented patient classification system for determining nursing care requirements. Violation of these provisions, or willful or repeated violation of the rules or regulations, is a crime. This bill would require state periodic inspections of health facilities to include reviews of compliance with the nurse-to-patient ratios and staff assignment regulations described above. The bill would require the department to ensure that these inspections are not announced in advance of the date of inspection. Existing law requires the department to promulgate regulations establishing criteria to assess an administrative penalty against a general acute care hospital, acute psychiatric hospital, or special hospital. Until the effective date of specified regulations, existing law authorizes the department to assess the licensee an administrative penalty not to exceed $100,000, as specified, when a licensee of a hospital receives a notice of deficiency constituting an immediate jeopardy to the health or safety of a patient and is required to submit a plan of correction. After the effective date of these specified regulations, existing law authorizes the department to assess administrative penalties not to exceed $125,000, for a deficiency constituting an immediate jeopardy violation, as specified. Existing law requires certain penalties collected by the department to be deposited into the Internal Departmental Quality Improvement Account, to be expended, upon appropriation, for internal quality improvement activities in the Licensing and Certification Program. This bill would require the department to assess specified penalties for a violation of the nurse-to-patient ratios and staff assignment regulations described above. The bill would require those penalty moneys to be deposited into the State Department of Public Health Licensing and Certification Program Fund, to be expended, upon appropriation, for the purpose of enforcing those regulations.

Bill Text

Action History

  1. In Senate. Consideration of Governor's veto pending.

  2. Vetoed by the Governor.

  3. Enrolled and presented to the Governor at 4 p.m.

  4. Assembly amendments concurred in. (Ayes 25. Noes 14. Page 5961.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 49. Noes 26. Page 6715.) Ordered to the Senate.

  7. Ordered to third reading.

  8. Read third time and amended.

  9. Read second time. Ordered to third reading.

  10. From committee: Do pass. (Ayes 12. Noes 5.) (August 15).

  11. From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

  12. Read second time and amended. Re-referred to Com. on APPR.

  13. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 11. Noes 4.) (June 19).

  14. Referred to Com. on HEALTH.

  15. In Assembly. Read first time. Held at Desk.

  16. Read third time. Passed. (Ayes 22. Noes 13. Page 4340.) Ordered to the Assembly.

  17. Read second time. Ordered to third reading.

  18. From committee: Do pass. (Ayes 5. Noes 2. Page 4240.) (May 22).

  19. Set for hearing May 22.

  20. Read second time and amended. Re-referred to Com. on APPR.

  21. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 2. Page 4746.) (April 18).

  22. Set for hearing April 18.

  23. Referred to Com. on HEALTH.

  24. From printer. May be acted upon on or after March 22.

  25. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Bonta · Cosponsor
  • Jackson · Cosponsor
  • Leyva · Primary
  • Rodriguez · Cosponsor
  • Santiago · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 4 co-sponsors · 117 not signed on · 12 voted No

Sponsors (1)

  • Leyva

Co-sponsors (4)

  • Bonta
  • Jackson
  • Rodriguez
  • Santiago

Not signed on (117)

117 members have not signed on to this bill.

Show all 117 →

"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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Unfinished Business SB1288 Leyva et al. Concurrence

Passed 25 Yea · 14 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 211301
Democratic 4100
Total 251401
% of votes cast 63%35%0%3%
How each member voted (40)
Member Party Vote
Anderson — Nay
Bates — Nay
Nielsen — Nay
Wieckowski — Yea
Wilk — Nay
Fuller — Nay
Galgiani — Yea
Cannella — Nay
Glazer — Nay
Hernandez — Yea
Chang — Nay
Allen — Yea
Mitchell — Yea
Atkins — Yea
Portantino — Yea
Hertzberg — Yea
De León — Yea
Hill — Yea
Delgado — Yea
Hueso — Yea
Dodd — Yea
Beall — Yea
Bradford — Yea
Lara — Yea
Leyva — Yea
Monning — Yea
Moorlach — Nay
Morrell — Nay
Pan — Yea
Roth — Yea
Skinner — Yea
Vidak — Nay
Beth Gaines — Nay
Bill Berryhill — Not Voting
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

SB 1288 Leyva Senate Third Reading By SANTIAGO

Passed 49 Yea · 26 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 342004
Democratic 15100
Republican 0501
Total 492605
% of votes cast 61%33%0%6%
How each member voted (80)
Member Party Vote
Acosta — Nay
Bloom — Not Voting
Brough — Nay
Low — Yea
Mathis — Nay
Nazarian — Yea
Rendon — Yea
Rodriguez — Yea
Ting — Yea
Voepel — Nay
Chau — Yea
Eggman — Yea
Cooley — Yea
Chu — Yea
Medina — Yea
Santiago — Yea
Thurmond — Yea
Weber — Yea
Gonzalez Fletcher — Yea
Burke — Yea
Rubio — Yea
Rivas — Yea
Frazier — Not Voting
Harper — Nay
Fong — Nay
Salas — Nay
Holden — Yea
Jones-Sawyer — Yea
Kamlager-Dove — Yea
Gray — Nay
Kiley — Nay
Levine — Yea
Maienschein — Yea
Mayes — Nay
McCarty — Yea
Melendez — Nay
Baker — Nay
Bigelow — Nay
Chiu — Yea
Chávez — Nay
Cooper — Not Voting
Mullin — Yea
O'Donnell — Yea
Obernolte — Nay
Quirk — Yea
Steinorth — Nay
Waldron — Nay
Wood — Yea
Cunningham — Nay
Daly — Not Voting
Friedman — Yea
Gloria — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Mark Stone — Yea
Travis Allen — Nay
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Nay
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Nay
Choi, Steven S. Republican Nay
Dahle, Megan Republican Nay
Flora, Heath Republican Not Voting
Gallagher, James Republican Nay
Lackey, Tom Republican Nay

Official roll call →

Do pass.

Passed 12 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9400
Democratic 3000
Republican 0100
Total 12500
% of votes cast 71%29%0%0%
How each member voted (17)
Member Party Vote
Bigelow — Nay
Bloom — Yea
Brough — Nay
Quirk — Yea
Eggman — Yea
Friedman — Yea
Gonzalez Fletcher — Yea
Fong — Nay
Nazarian — Yea
Obernolte — Nay
Chau — Yea
Eduardo Garcia — Yea
Wendy Carrillo — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Nay

Official roll call →

Do pass as amended and be re-referred to the Committee on [Appropriations]

Passed 11 Yea · 4 Nay
Party YeaNayPresentNot Voting
Democratic 3000
Unaffiliated 8300
Republican 0100
Total 11400
% of votes cast 73%27%0%0%
How each member voted (15)
Member Party Vote
Waldron — Nay
McCarty — Yea
Nazarian — Yea
Rodriguez — Yea
Santiago — Yea
Thurmond — Yea
Wood — Yea
Burke — Yea
Bigelow — Nay
Mayes — Nay
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Bonta, Mia Democratic Yea
Limón, Monique Democratic Yea
Flora, Heath Republican Nay

Official roll call →

3rd Reading SB1288 Leyva et al.

Passed 22 Yea · 13 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 191203
Democratic 3101
Total 221304
% of votes cast 56%33%0%10%
How each member voted (39)
Member Party Vote
Bradford — Yea
Hertzberg — Yea
Hill — Yea
Leyva — Yea
Monning — Yea
Morrell — Nay
Roth — Not Voting
Wieckowski — Yea
Fuller — Nay
Galgiani — Not Voting
Dodd — Yea
Hernandez — Yea
Hueso — Yea
Portantino — Yea
Allen — Yea
Lara — Yea
Skinner — Yea
Atkins — Yea
Mitchell — Yea
De León — Yea
Cannella — Nay
Glazer — Nay
Anderson — Nay
Bates — Nay
Beall — Yea
Moorlach — Nay
Newman — Yea
Nielsen — Nay
Pan — Yea
Vidak — Nay
Wilk — Nay
Beth Gaines — Nay
Bill Berryhill — Not Voting
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay
Stern, Henry I. Democratic Not Voting
Wiener, Scott D. Democratic Yea

Official roll call →

Do pass

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4200
Democratic 1000
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Hill — Yea
Lara — Yea
Nielsen — Nay
Bates — Nay
Beall — Yea
Bradford — Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Subjects

public-safety healthcare
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Frequently asked questions

What does SB 1288 do?
Existing law establishes the State Department of Public Health and sets forth its powers and duties, including, but not limited to, the licensing and regulation of health facilities, as defined. Existing law requires that every health facility for which a license or special permit has been issued be periodically inspected by the State Department of Public Health, or by another governmental entity under contract with the department. Existing law requires the department to inspect those facilities for compliance with provisions of state law and regulations during a state periodic inspection, or at the same time as a federal periodic inspection. Existing law requires the department to adopt regulations governing the operation of a health facility, including, but not limited to, regulations that require prescribed health facilities to meet minimum nurse-to-patient ratios, and to assign additional staff according to a documented patient classification system for determining nursing care requirements. Violation of these provisions, or willful or repeated violation of the rules or regulations, is a crime. This bill would require state periodic inspections of health facilities to include reviews of compliance with the nurse-to-patient ratios and staff assignment regulations described above. The bill would require the department to ensure that these inspections are not announced in advance of the date of inspection. Existing law requires the department to promulgate regulations establishing criteria to assess an administrative penalty against a general acute care hospital, acute psychiatric hospital, or special hospital. Until the effective date of specified regulations, existing law authorizes the department to assess the licensee an administrative penalty not to exceed $100,000, as specified, when a licensee of a hospital receives a notice of deficiency constituting an immediate jeopardy to the health or safety of a patient and is required to submit a plan of correction. After the effective date of these specified regulations, existing law authorizes the department to assess administrative penalties not to exceed $125,000, for a deficiency constituting an immediate jeopardy violation, as specified. Existing law requires certain penalties collected by the department to be deposited into the Internal Departmental Quality Improvement Account, to be expended, upon appropriation, for internal quality improvement activities in the Licensing and Certification Program. This bill would require the department to assess specified penalties for a violation of the nurse-to-patient ratios and staff assignment regulations described above. The bill would require those penalty moneys to be deposited into the State Department of Public Health Licensing and Certification Program Fund, to be expended, upon appropriation, for the purpose of enforcing those regulations.
Who sponsors SB 1288?
SB 1288 is sponsored by Bonta, Jackson, Leyva, Rodriguez, and Santiago.
What is the current status of SB 1288?
This bill died with 2017-2018 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 1288?
Track SB 1288 free on One Click Politics — get push/email alerts when it moves.

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