Section 1276 Of Article 3. Regulations From California Health And Safety Code >> Division 2. >> Chapter 2. >> Article 3.
1276
. (a) The building standards published in the State Building
Standards Code by the Office of Statewide Health Planning and
Development, and the regulations adopted by the state department
shall, as applicable, prescribe standards of adequacy, safety, and
sanitation of the physical plant, of staffing with duly qualified
licensed personnel, and of services, based on the type of health
facility and the needs of the persons served thereby.
(b) These regulations shall permit program flexibility by the use
of alternate concepts, methods, procedures, techniques, equipment,
personnel qualifications, bulk purchasing of pharmaceuticals, or
conducting of pilot projects as long as statutory requirements are
met and the use has the prior written approval of the department or
the office, as applicable. The approval of the department or the
office shall provide for the terms and conditions under which the
exception is granted. A written request plus supporting evidence
shall be submitted by the applicant or licensee to the department or
office regarding the exception, as applicable.
(c) While it is the intent of the Legislature that health
facilities shall maintain continuous, ongoing compliance with the
licensing rules and regulations, it is the further intent of the
Legislature that the state department expeditiously review and
approve, if appropriate, applications for program flexibility. The
Legislature recognizes that health care technology, practice,
pharmaceutical procurement systems, and personnel qualifications and
availability are changing rapidly. Therefore, requests for program
flexibility require expeditious consideration.
(d) The state department shall, on or before April 1, 1989,
develop a standardized form and format for requests by health
facilities for program flexibility. Health facilities shall
thereafter apply to the state department for program flexibility in
the prescribed manner. After the state department receives a complete
application requesting program flexibility, it shall have 60 days
within which to approve, approve with conditions or modifications, or
deny the application. Denials and approvals with conditions or
modifications shall be accompanied by an analysis and a detailed
justification for any conditions or modifications imposed. Summary
denials to meet the 60-day timeframe shall not be permitted.
(e) Notwithstanding any other provision of law or regulation, the
State Department of Health Services shall provide flexibility in its
pharmaceutical services requirements to permit any state department
that operates state facilities subject to these provisions to
establish a single statewide formulary or to procure pharmaceuticals
through a departmentwide or multidepartment bulk purchasing
arrangement. It is the intent of the Legislature that consolidation
of these activities be permitted in order to allow the more
cost-effective use and procurement of pharmaceuticals for the benefit
of patients and residents of state facilities.