Section 1225 Of Article 3. Regulations From California Health And Safety Code >> Division 2. >> Chapter 1. >> Article 3.
1225
. (a) The department shall adopt, and may from time to time
amend or repeal, in accordance with Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code, reasonable rules and regulations as may be necessary or proper
to carry out the purposes and intent of this chapter and to enable
the department to exercise the powers and perform the duties
conferred upon it by this chapter, not inconsistent with any of the
provisions of any statute of this state.
(b) The rules and regulations for primary care clinics shall be
separate and distinct from the rules and regulations for specialty
clinics.
(c) All regulations relating to licensed clinics in effect on
December 31, 1977, that were adopted by the department, shall remain
in full force and effect until altered, amended, or repealed by the
director.
(d) Until the department adopts regulations relating to the
provision of services by a chronic dialysis clinic, a surgical
clinic, or a rehabilitation clinic, the following clinics licensed or
seeking licensure shall comply with the following federal
certification standards in effect immediately preceding January 1,
2013:
(1) A chronic dialysis clinic shall comply with federal
certification standards for an end stage renal disease clinic, as
specified in Sections 494.1 to 494.180, inclusive, of Title 42 of the
Code of Federal Regulations.
(2) A surgical clinic, as defined in subdivision (b) of Section
1204, shall comply with federal certification standards for an
ambulatory surgical clinic, as specified in Sections 416.1 to 416.52,
inclusive, of Title 42 of the Code of Federal Regulations.
(3) A rehabilitation clinic shall comply with federal
certification standards for a comprehensive outpatient rehabilitation
facility, as specified in Sections 485.50 to 485.74, inclusive, of
Title 42 of the Code of Federal Regulations.
(e) The department shall, by July 1, 2017, conduct at least one
public hearing and submit a report to the appropriate legislative
committees that describes the extent to which the federal
certification standards are or are not sufficient as a basis for
state licensing standards. The report shall make recommendations for
any California-specific standards that may be necessary.
(f) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.