California Laws: Health and Safety Code Section 1317.3
Section 1317.3
(a) As a condition of licensure, each hospital shall adopt,
in consultation with the medical staff, policies and transfer
protocols consistent with this article and regulations adopted
hereunder.
(b) As a condition of licensure, each hospital shall adopt a
policy prohibiting discrimination in the provision of emergency
services and care based on race, ethnicity, religion, national
origin, citizenship, age, sex, preexisting medical condition,
physical or mental handicap, insurance status, economic status, or
ability to pay for medical services, except to the extent that a
circumstance such as age, sex, preexisting medical condition, or
physical or mental handicap is medically significant to the provision
of appropriate medical care to the patient. Transfer by a hospital
of a patient who requires evaluation for involuntary psychiatric
treatment, as determined by the receiving hospital or other receiving
health facility, based upon the decision of a professional person
duly authorized by law to make such a decision, shall not constitute
discrimination for the purposes of this section, if the transferring
hospital has not been designated as an evaluation facility by a
county pursuant to Section 5150 of the Welfare and Institutions Code,
and if the transfer is in compliance with Section 1317.2.
(c) As a condition of licensure, each hospital shall require that
physicians and surgeons who serve on an "on-call" basis to the
hospital's emergency room cannot refuse to respond to a call on the
basis of the patient's race, ethnicity, religion, national origin,
citizenship, age, sex, preexisting medical condition, physical or
mental handicap, insurance status, economic status, or ability to pay
for medical services, except to the extent that a circumstance such
as age, sex, preexisting medical condition, or physical or mental
handicap is medically significant to the provision of appropriate
medical care to the patient. If a contract between a physician and
surgeon and hospital for the provision of emergency room coverage
presently prevents the hospital from imposing those conditions, the
conditions shall be included in the contract as soon as is legally
permissible. Nothing in this section shall be construed as requiring
that any physician serve on an "on-call" basis.
(d) As a condition of licensure, all hospitals shall inform all
persons presented to an emergency room or their representatives if
any are present and the person is unable to understand verbal or
written communication, both orally and in writing, of the reasons
for the transfer or refusal to provide emergency services and care
and of the person's right to emergency services and care prior to
transfer or discharge without regard to ability to pay. Nothing in
this subdivision requires notification of the reasons for the
transfer in advance of the transfer where a person is unaccompanied
and the hospital has made a reasonable effort to locate a
representative, and because of the person's physical or mental
condition, notification is not possible. All hospitals shall
prominently post a sign in their emergency rooms informing the public
of their rights. Both the posted sign and written communication
concerning the transfer or refusal to provide emergency services and
care shall give the address of the department as the government
agency to contact in the event the person wishes to complain about
the hospital's conduct.
(e) If a hospital does not timely adopt the policies and protocols
required in this article, the hospital, in addition to denial or
revocation of any of its licenses, shall be subject to a fine not to
exceed one thousand dollars ($1,000) each day after expiration of 60
days' written notice from the state department that the hospital's
policies or protocols required by this article are inadequate unless
the delay is excused by the state department upon a showing of good
and sufficient cause by the hospital. The notice shall include a
detailed statement of the state department's reasons for its
determination and suggested changes to the hospital's protocols
which would be acceptable to the state department.
(f) Each hospital's policies and protocols required in or under
this article shall be submitted for approval to the state department
by December 31, 1988.
Section: 1317.3
