BlackletterCalifornia law

CHAPTER 1. Clinics [1200. - 1245.]

Chapter 1 repealed and added by Stats. 1978, Ch. 1147.

§§ 1200–1245 · 76 sections

  1. ARTICLE 1. Definitions and General Provisions §§ 1200–1210 · 20 sections
    • § 1200 (a) As used in this chapter, “clinic” means an organized outpatient health facility that provides direct medical, surgical, dental, optometric, or podiatric…
    • § 1200.1 (a) As used in this chapter, “clinic” also means an organized outpatient health facility which, pursuant to Section 1204.1, provides direct psychological…
    • § 1201 “License” means a basic permit to operate a clinic. A license may only be granted to a clinic of a type enumerated in Section 1204 or 1204.1, and the license…
    • § 1201.5 “Nonprofit speech and hearing center” means a nonprofit agency which provides an integrated program of speech pathology and audiology services in an outpatient…
    • § 1202 “Special permit” means a permit issued in addition to a license authorizing the clinic to offer one or more special services, as defined in Section 1203 or…
    • § 1203 “Special service” means a functional division, department, or unit of a clinic, or a clinic that is organized, staffed, and equipped to provide a specific type…
    • § 1204 Clinics eligible for licensure pursuant to this chapter are primary care clinics and specialty clinics. (a) (1) Only the following defined classes of primary…
    • § 1204.1 In addition to the primary care clinics and specialty clinics specified in Section 1204, clinics eligible for licensure pursuant to this chapter include…
    • § 1204.2 (a) Notwithstanding any other law, and except as provided in subdivision (c), a primary care clinic described in subdivision (a) of Section 1204 that is…
    • § 1204.3 (a) An alternative birth center that is licensed as an alternative birth center specialty clinic pursuant to paragraph (4) of subdivision (b) of Section 1204…
    • § 1204.4 The State Department of Health Services shall provide information to the California Health Facilities Financing Authority with respect to primary care clinic…
    • § 1204.5 A primary care clinic may submit verification of certification from the Joint Commission, the Accreditation Association for Ambulatory Health Care (AAAHC), or…
    • § 1205 Except as provided in Section 1206, no person, firm, partnership, association, corporation, or public agency shall operate, establish, manage, conduct or…
    • § 1205.5 A clinic that has been verified by the Licensing and Certification Division of the State Department of Health Services and the Office of Statewide Health…
    • § 1206 This chapter does not apply to the following: (a) Except with respect to the option provided with regard to surgical clinics in paragraph (1) of subdivision…
    • § 1206.1 The provisions of this chapter do not require licensure of any place or establishment owned or leased and operated as a clinic or office by one or more…
    • § 1207 The state department shall inspect and license clinics, and shall inspect and approve clinics to offer special services.
    • § 1208 The state department may provide consulting services upon request to any clinic to assist in the identification or correction of deficiencies or the upgrading…
    • § 1209 This chapter does not authorize any person other than a licensed practitioner of a healing art, or any corporation except charitable or professional…
    • § 1210 (a) A chronic dialysis clinic shall not steer, direct, or advise a patient regarding any specific coverage program option or health care service plan contract.…
  2. ARTICLE 2. Administration §§ 1212–1220.2 · 19 sections
    • § 1212 (a) Any person, firm, association, partnership, or corporation desiring a license for a clinic or a special permit for special services under the provisions of…
    • § 1213 A person, firm, association, partnership, corporation, or other legal entity desiring a license for a clinic shall be exempt from the requirements of Chapter 2…
    • § 1214 Each application under this chapter for an initial license, renewal license, license upon change of ownership, or special permit shall be accompanied by a…
    • § 1214.1 Notwithstanding the provisions of Section 1214, each application for a surgical clinic or a chronic dialysis clinic under this chapter for an initial license,…
    • § 1214.5 Each application under this chapter for an initial license, renewal license, license upon change of ownership, or special permit for a psychology clinic shall…
    • § 1215 Each new license issued pursuant to this chapter shall expire 12 months from the date of its issuance, and each special permit shall expire on the expiration…
    • § 1216 (a) Every clinic holding a license shall, on or before the 15th day of March each year, file with the Department of Health Care Access and Information, upon…
    • § 1216.1 (a) Commencing January 1, 2027, every clinic holding a license and, notwithstanding subdivision (h) of Section 1206, every intermittent clinic operated by a…
    • § 1217 (a) An applicant for a license to operate a primary care clinic, as specified in subdivision (a) of Section 1204 that meets all requirements for licensure…
    • § 1218 Upon the filing of an application for a license or for a special permit, or for renewal of a license or special permit, the state department shall investigate…
    • § 1218.1 (a) A clinic corporation on behalf of a primary care clinic that has held a valid, unrevoked, and unsuspended license for at least the immediately preceding…
    • § 1218.2 Notwithstanding any other provision of law, two or more primary care clinics that are operated by a single nonprofit corporation shall be entitled to…
    • § 1218.3 (a) In order to reduce paperwork, eliminate errors, and streamline communications between the department and licensed primary care clinics, a clinic…
    • § 1218.4 (a) A licensed primary care community or free clinic shall report to the department, when renewing its license, whether it is currently operating an…
    • § 1219 (a) Except for affiliate clinics, as defined in Section 1218.1, if a clinic or an applicant for a license has not been previously licensed, the department may…
    • § 1219.1 (a) The state department may issue a provisional license to a clinic if: (1) The clinic and the applicant for licensure substantially meet the standards…
    • § 1220 Immediately upon the denial of any application for a license or special permit or a renewal thereof, the state department shall notify the applicant in…
    • § 1220.1 (a) An application for licensure made pursuant to this chapter shall not be denied, nor shall any license issued pursuant to this chapter be suspended,…
    • § 1220.2 (a) Notwithstanding any other state law, and consistent with Sections 1 and 1.1 of Article I of the California Constitution, an individual or state or local…
  3. ARTICLE 2.5. Licensing of Clinics §§ 1221–1221.19 · 8 sections
    • § 1221 For purposes of this article, the following definitions shall apply: (a) “Centralized applications unit” means the centralized applications unit in the…
    • § 1221.05 Commencing July 1, 2002, all new applications for licenses for clinics shall be reviewed by the centralized applications unit.
    • § 1221.09 Commencing January 1, 2002, the centralized applications unit shall work with organizations that are among and advocate on behalf of, clinics to streamline…
    • § 1221.11 Commencing January 1, 2002, a telephone number shall be provided for applicants to verify receipt of their application by the Licensing and Certification…
    • § 1221.13 All new applications submitted to the centralized applications unit shall be reviewed within two weeks for completeness. The centralized applications unit…
    • § 1221.15 (a) Commencing January 1, 2002, the Licensing and Certification Division shall designate at least one surveyor in each of the four regions to specialize in…
    • § 1221.17 The Licensing and Certification Program training unit shall work with organizations that are among and advocate on behalf of clinics and other stakeholders to…
    • § 1221.19 The centralized applications unit and regional offices shall be routinely reviewed by the department beginning January 31, 2003, to determine if applications…
  4. ARTICLE 2.6. Provider Enrollment for Clinics § 1222 · 1 section
    • § 1222 The department shall, on or before July 1, 2005, implement a process that allows an applicant for licensure as a primary care clinic, as defined in subdivision…
  5. ARTICLE 3. Regulations §§ 1225–1234.1 · 18 sections
    • § 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…
    • § 1226 (a) The regulations shall prescribe the kinds of services that may be provided by clinics in each category of licensure and shall prescribe minimum standards…
    • § 1226.1 (a) A primary care clinic shall comply with the following requirements regarding health examinations and other public health protections for individuals…
    • § 1226.2 The Community Clinics Advisory Committee provided for in subdivision (b) of Section 1226 shall meet on an ad hoc basis and shall be comprised of at least 15…
    • § 1226.3 A primary care clinic may establish compliance with the minimum construction standards of adequacy and safety for the physical plant described in subdivision…
    • § 1226.5 (a) It is the intent of the Legislature to establish seismic safety standards for facilities licensed as surgical clinics pursuant to this chapter, and for…
    • § 1227 Any duly authorized officer, employee, or agent of the state department may upon presentation of proper identification, enter and inspect any building or…
    • § 1228 (a) Except as provided in subdivision (c), every clinic for which a license or special permit has been issued shall be periodically inspected. The frequency of…
    • § 1229 The state department shall notify any clinic of all deficiencies in its compliance with the provisions of this chapter or the rules and regulations adopted…
    • § 1229.1 No notification of deficiency, civil or criminal penalty, fine, sanction, or denial, suspension, or revocation of licensure, may be imposed against a primary…
    • § 1230 Reports on the results of each inspection shall be kept on file in the state department along with the plan of correction and clinic comments. The inspection…
    • § 1231 (a) All clinics shall maintain compliance with the licensing requirements. These requirements shall not, however, prohibit the use of alternate concepts,…
    • § 1231.5 (a) The department may grant to a PACE program, as defined in Chapter 8.75 (commencing with Section 14591) of Part 3 of Division 9 of the Welfare and…
    • § 1232 No clinic which permits sterilization operations for contraceptive purposes to be performed therein, nor the medical staff of such clinic, shall require the…
    • § 1233 A surgical clinic may restrict use of its facilities to members of the medical staff of the surgical clinic and other physicians and surgeons approved by the…
    • § 1233.5 By June 30, 1995, a licensed clinic board of directors and its medical director shall establish and adopt written policies and procedures to screen patients…
    • § 1234 (a) Smoking a tobacco product shall not be permitted in patient areas of a clinic except those rooms designated for occupancy exclusively by smokers. (b)…
    • § 1234.1 (a) For purposes of this section, the following definitions apply: (1) “Medical chaperone” means a trained employee of a provider who assists or observes… see note
  6. ARTICLE 4. Offenses §§ 1235–1238 · 4 sections
    • § 1235 (a) Except as provided in subdivision (b), any person who violates any of the provisions of this chapter or who willfully or repeatedly violates any rule or…
    • § 1236 The director may bring an action to enjoin the violation or threatened violation of Section 1205 in the superior court in and for the county in which the…
    • § 1237 Any action brought by the director against a clinic shall not abate by reason of a sale or other transfer of ownership of the facility which is a party to the…
    • § 1238 The district attorney of every county shall, upon application by the state department or its authorized representative, institute and conduct the prosecution…
  7. ARTICLE 5. Suspension and Revocation §§ 1240–1245 · 6 sections
    • § 1240 The state department may suspend or revoke any license or special permit issued under the provisions of this chapter upon any of the following grounds and in…
    • § 1241 Proceedings for the suspension, revocation, or denial of licenses or special permits under this chapter shall be conducted in accordance with the provisions of…
    • § 1242 The director may temporarily suspend any license issued to a specialty clinic or special permit prior to any hearing, when in his opinion such action is…
    • § 1243 The withdrawal of an application for a license or a special permit after it has been filed with the state department, shall not, unless the state department…
    • § 1244 Any license or special permit revoked pursuant to this chapter may be reinstated pursuant to the provisions of Section 11522 of the Government Code.
    • § 1245 Any licensee or holder of a special permit may, with the approval of the state department, surrender his license or special permit for suspension by the state…