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EDMUND G. BROWN JR.
Governor

State of California—Health and Human Services Agency
California Department of Public Health


AFL 13-26
November 22, 2013


TO:
General Acute Care Hospitals
Primary Care Clinics

SUBJECT:
Human Trafficking: Public Posting Requirements

AUTHORITY:      Senate Bill (SB) 1193 (Chapter 515, Statutes of 2012); Civil Code Section 52.6


This All Facilities Letter (AFL) serves as a reminder of recently enacted legislation, (SB 1193, Chapter 515, Statutes of 2012) which added Section 52.6 to the Civil Code requiring all general acute care hospitals with emergency rooms and urgent care centers to post a notice concerning human trafficking which includes telephone hotline numbers for victims to seek help and report unlawful activity.

The public notice must state:

"If you or someone you know is being forced to engage in any activity and cannot leave -- whether it is commercial sex, housework, farm work, construction, factory, retail, or restaurant work, or any other activity -- call the National Human Trafficking Resource Center at 1-888-373-7888 or the California Coalition to Abolish Slavery and Trafficking (CAST) at 1-888-KEY-2-FRE(EDOM) or 1-888-539-2373 to access help and services. Victims of slavery and human trafficking are protected under United States and California law.

The hotlines are:

  • Available 24 hours a day, 7 days a week. 
  • Toll-free.
  • Operated by nonprofit, nongovernmental organizations.
  • Anonymous and confidential.
  • Accessible in more than 160 languages.
  • Able to provide help, referral to services, training, and general information."

Additionally, Civil Code Section 52.6 requires that the public notice be at least 8.5 inches by 11 inches, written in size 16 font, and be posted in a conspicuous place near the public entrance of the establishment or in another conspicuous location in clear view of the public and employees where similar notices are customarily posted. Failure to comply with these posting requirements will result in a $500 penalty for a first offense and $1,000 for each subsequent offense.

The notice must be posted in English, Spanish, and in one other language that is the most widely spoken language in the county where the establishment is located. The Attorney General has developed model notices in each of the applicable languages which are now available for download on the California Department of Justice's Internet website. The Attorney General has also developed a list of counties which indicates whether a third language other than English and Spanish is the most widely spoken language. The model notices as well as the county listing may be accessed at the following link:

Office of the Attorney General- SB 1193: Human Trafficking Notices, All Counties

For more information regarding the Human Trafficking posting requirements, please visit:

SB 1193 & Civil Code Section 52.6 - Posting of Public Notices Regarding Slavery and Human Trafficking

Or, if you have any additional questions, please contact the California Attorney General's, Victims' Services Unit at (877) 433-9069.

The information in this AFL is a brief summary of SB 1193’s new human trafficking, public posting requirements. Facilities are responsible for following all applicable laws. CDPH’s failure to expressly notify facilities of legislative changes does not relieve facilities of their responsibility for following all laws and for being aware of all legislative changes. Facilities should refer to the full text of Civil Code Section 52.6 to ensure compliance.

 

Sincerely,

Original signed by Debby Rogers

Debby Rogers, RN, MS, FAEN
Deputy Director

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