Section 1317.2 Of Article 7. Other Services From California Health And Safety Code >> Division 2. >> Chapter 2. >> Article 7.
1317.2
. A person needing emergency services and care shall not be
transferred from a hospital to another hospital for any nonmedical
reason (such as the person's inability to pay for any emergency
service or care) unless each of the following conditions are met:
(a) The person is examined and evaluated by a physician and
surgeon, including, if necessary, consultation, prior to transfer.
(b) The person has been provided with emergency services and care
so that it can be determined, within reasonable medical probability,
that the transfer or delay caused by the transfer will not create a
medical hazard to the person.
(c) A physician and surgeon at the transferring hospital has
notified and has obtained the consent to the transfer by a physician
and surgeon at the receiving hospital and confirmation by the
receiving hospital that the person meets the hospital's admissions
criteria relating to appropriate bed, personnel, and equipment
necessary to treat the person.
(d) The transferring hospital provides for appropriate personnel
and equipment that a reasonable and prudent physician and surgeon in
the same or similar locality exercising ordinary care would use to
effect the transfer.
(e) All of the person's pertinent medical records and copies of
all the appropriate diagnostic test results that are reasonably
available are transferred with the person.
(f) The records transferred with the person include a "Transfer
Summary" signed by the transferring physician and surgeon that
contains relevant transfer information. The form of the "Transfer
Summary" shall, at a minimum, contain the person's name, address,
sex, race, age, insurance status, and medical condition; the name and
address of the transferring physician and surgeon or emergency
department personnel authorizing the transfer; the time and date the
person was first presented at the transferring hospital; the name of
the physician and surgeon at the receiving hospital consenting to the
transfer and the time and date of the consent; the time and date of
the transfer; the reason for the transfer; and the declaration of the
signor that the signor is assured, within reasonable medical
probability, that the transfer creates no medical hazard to the
patient. Neither the transferring physician and surgeon nor
transferring hospital shall be required to duplicate, in the
"Transfer Summary," information contained in medical records
transferred with the person.
(g) The transfer conforms with regulations established by the
state department. These regulations may prescribe minimum protocols
for patient transfers.
(h) The patient shall be asked if there is a preferred contact
person to be notified and, prior to the transfer, the hospital shall
make a reasonable attempt to contact that person and alert him or her
about the proposed transfer, in accordance with subdivision (b) of
Section 56.1007 of the Civil Code. If the patient is not able to
respond, the hospital shall make a reasonable effort to ascertain the
identity of the preferred contact person or the next of kin and
alert him or her about the transfer, in accordance with subdivision
(b) of Section 56.1007 of the Civil Code. The hospital shall document
in the patient's medical record any attempts to contact a preferred
contact person or next of kin.
(i) This section shall not apply to a transfer of a patient for
medical reasons.
(j) This section shall not prohibit the transfer or discharge of a
patient when the patient or the patient's representative requests a
transfer or discharge and gives informed consent to the transfer or
discharge against medical advice.