(a) (1) "Hospital building" includes any building not
specified in subdivision (b) that is used, or designed to be used,
for a health facility of a type required to be licensed pursuant to
Chapter 2 (commencing with Section 1250) of Division 2.
(2) Except as provided in paragraph (7) of subdivision (b),
hospital building includes a correctional treatment center, as
defined in subdivision (j) of Section 1250, the construction of which
was completed on or after March 7, 1973.
(b) "Hospital building" does not include any of the following:
(1) Any building where outpatient clinical services of a health
facility licensed pursuant to Section 1250 are provided that is
separated from a building in which hospital services are provided. If
any one or more outpatient clinical services in the building
provides services to inpatients, the building shall not be included
as a "hospital building" if those services provided to inpatients
represent no more than 25 percent of the total outpatient services
provided at the building. Hospitals shall maintain on an ongoing
basis, data on the patients receiving services in these buildings,
including the number of patients seen, categorized by their inpatient
or outpatient status. Hospitals shall submit this data annually to
the State Department of Public Health.
(2) A building used, or designed to be used, for a skilled nursing
facility or intermediate care facility if the building is of
single-story, wood-frame, or light steel frame construction.
(3) A building of single-story, wood-frame, or light steel frame
construction where only skilled nursing or intermediate care services
are provided if the building is separated from a building housing
other patients of the health facility receiving higher levels of
care.
(4) A freestanding structure of a chemical dependency recovery
hospital exempted under subdivision (c) of Section 1275.2.
(5) A building licensed to be used as an intermediate care
facility/developmentally disabled habilitative with six beds or less
and an intermediate care facility/developmentally disabled
habilitative of 7 to 15 beds that is a single-story, wood-frame, or
light steel frame building.
(6) A building subject to licensure as a correctional treatment
center, as defined in subdivision (j) of Section 1250, the
construction of which was completed before March 7, 1973.
(7) (A) A building that meets the definition of a correctional
treatment center, pursuant to subdivision (j) of Section 1250, for
which the final design documents were completed or the construction
of which was initiated before January 1, 1994, operated by or to be
operated by the Department of Corrections and Rehabilitation, or by a
law enforcement agency of a city, county, or a city and county.
(B) In the case of reconstruction, alteration, or addition to, the
facilities identified in this paragraph, and paragraph (6) or any
other building subject to licensure as a general acute care hospital,
acute psychiatric hospital, correctional treatment center, or
nursing facility, as defined in subdivisions (a), (b), (j), and (k)
of Section 1250, operated or to be operated by the Department of
Corrections and Rehabilitation, or by a law enforcement agency of a
city, county, or city and county, only the reconstruction,
alteration, or addition, itself, and not the building as a whole, nor
any other aspect thereof, shall be required to comply with this
chapter or the regulations adopted pursuant thereto.
(8) A freestanding building used, or designed to be used, as a
congregate living health facility, as defined in subdivision (i) of
Section 1250.
(9) A freestanding building used, or designed to be used, as a
hospice facility, as defined in subdivision (n) of Section 1250.
(a) Space for the following functions shall be considered
"outpatient clinical services," when provided in a freestanding
building that is separated from a hospital building where inpatient
hospital services are provided: administrative space; central sterile
supply; storage; morgue and autopsy facilities; employee dressing
rooms and lockers; janitorial and housekeeping facilities; and
laundry.
(b) The outpatient portions of the following services may also be
delivered in a freestanding building and shall be considered
"outpatient clinical services:" surgical; chronic dialysis;
psychiatry; rehabilitation; occupational therapy; physical therapy;
maternity; dentistry; and chemical dependency.
(c) Services that duplicate basic services, as defined in
subdivision (a) of Section 1250, or services that are provided as
part of a basic service, but are not required for facility licensure
may also be provided in a freestanding building.
(d) The office shall not approve any plans that propose to locate
any function listed in subdivision (a) in a freestanding building
until the State Department of Health Services certifies to the office
that it has received and approved a plan acceptable to the State
Department of Health Services that demonstrates how the health
facility will continue to provide all basic services in the event of
any emergency when the freestanding building may no longer remain
functional.
(e) Services listed in subdivisions (b) and (c) are subject to the
same 25-percent inpatient limitation described in Section 129725.