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EDMUND G. BROWN JR.
Governor

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


AFL 22-12
June 24, 2022


TO:
All Facilities

SUBJECT:
Updated Regulatory References to Health Care Standards of Practice

AUTHORITY:     Health and Safety Code (HSC) section 1275


All Facilities Letter (AFL) Summary

This AFL notifies all facilities of proposed updates to regulatory references in Title 22 of the California Code of Regulations which cite health care standards of practice adopted by a recognized state or national association.

Existing law provides for the licensure and regulation of health facilities by the California Department of Public Health (CDPH). Existing law authorizes CDPH to promulgate rules and regulations regarding health facilities, in accordance with the provisions of the Administrative Procedure Act (APA).

Assembly Bill (AB) 614 (Chapter 435, Statutes of 2015) revised Health and Safety Code (HSC) section 1275, authorizing CDPH to use a streamlined administrative process to update references to health care standards of practice which have been adopted by a state or national association when outdated standards are referenced in the California Code of Regulations.

HSC section 1275 requires CDPH to:

  1. Post notice of CDPH's proposed updates to state or national associations' health care standards of practice on its Internet Website for at least 45 days. The notice shall include the name of the state or national association, the title of the health care standards of practice, and the version of the updated health care standards of practice to be adopted.
  2. Notify stakeholders that the proposed standards have been posted on CDPH's Internet Website by issuing a mailing to the most recent stakeholder list on file with CDPH's Office of Regulations.
  3. Submit to the Office of Administrative Law the aforementioned notice for publishing in the California Regulatory Notice Register.
  4. Accept public comment for at least 30 days after the conclusion of the 45-day posting period.
  5. If a member of the public requests a public hearing, CDPH will hold a hearing and consider any comments.

Pursuant to the requirements of AB 614, CDPH has attached its proposed Updated Regulatory References to Health Care Standards of Practice (PDF) for immediate public comment and consideration commencing on June 24, 2022, and concluding on August 9, 2022, for which public comments may be submitted until September 9, 2022. Amendments to the existing regulations are shown in underline to indicate additions and strikeout to indicate deletions.  CDPH has also included justification for the changes in each regulation for further consideration.

Public comments may be submitted using one of the following methods:

1.    Via mail to the following address:

CHCQ Regulation Development Section
California Department of Public Health
1615 Capitol Avenue
P.O. Box 997377 MS Code 3201
Sacramento, CA 95899-7377

2.    Via electronic transmission to: CHCQRegulations@cdph.ca.gov

 

Sincerely,

Original signed by Cassie Dunham

Cassie Dunham
Deputy Director



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