Developmental centers and state hospitals.

Existing law establishes the State Department of Developmental Services and sets forth its powers and duties relating to the administration of the state developmental centers. Existing law establishes the State Department of State Hospitals and sets forth its powers and duties relating to the administration of state hospitals. This bill would require designated investigators of developmental centers and state hospitals to request a sexual assault forensic medical examination for any resident of a developmental center or any resident of a state hospital, as applicable, who is a victim or is reasonably suspected to be a victim of sexual assault, as defined, performed at an appropriate facility off the grounds of the developmental center or state hospital in accordance with specified provisions. The bill would authorize a sexual assault forensic medical examination to be performed at a developmental center or a state hospital by an independent sexual assault forensic examiner designated to perform examinations of victims of sexual assault in the jurisdiction of the developmental center or state hospital only under specified circumstances. Existing law requires a developmental center to immediately report specified incidents involving a resident to the local law enforcement agency having jurisdiction over the city or county in which the developmental center is located. Existing law provides for the licensure and regulation of health facilities, including long-term health care facilities, as defined, by the State Department of Public Health. Existing law provides for a citation system for the imposition of civil penalties against long-term health care facilities, including penalties specifically applicable to certain skilled nursing facilities and intermediate care facilities, in violation of applicable laws and regulations. This bill would deem a developmental center's failure to report an incident that occurs in a distinct part long-term health care facility to local law enforcement a class B violation subject to certain penalties, as specified. The bill would provide that if the incident occurs in the general acute care hospital or acute psychiatric hospital portion of the developmental center, a failure to immediately report the incident would be subject to a civil penalty of $100 for each day the incident is not reported. The bill would make other related changes. This bill would incorporate additional changes in Section 4427.5 of the Welfare and Institutions Code made by AB 602, to become operative if AB 602 and this bill are both enacted and become effective on or before January 1, 2014, and this bill is enacted last.